The Karnataka High Court is hearing a challenge to the constitutionality of the state government’s ban on students wearing a hijab in educational institutions. The judges heard an argument on whether the state can justify the ban on the ground that it violates ‘public order’.
What is Public Order?
Public order is one of the three grounds on which the state can restrict freedom of religion.
It is also one of the grounds to restrict free speech and other fundamental rights.
Article 25 of the Constitution guarantees to all people’s right to freedom and conscience and the right freely to profess, practise and propagate religion subject to public order, morality and health.
Who can check it?
Public order is normally equated with public peace and safety.
What affects public order is contextual and is determined by the state.
According to List 2 of the Seventh Schedule of the Constitution, the power to legislate on aspects of public order rests with the states.
How does it relate to the hijab ban?
According to the government order issued under the Karnataka Education Act, 1983, “public order” is one of the reasons for not allowing students to wear a headscarf in educational institutions along with “unity” and “integrity”.
The petitioners have asked the state to show how the mere wearing of a hijab by students could constitute a public order issue.
Another argument made is that the government cannot delegate the power to college committees the function of determining whether the hijab was detrimental to public order.
The government order states that while individual college committees are free to determine the uniform, in the absence of such rules the government order banning the headscarf would apply.
Only the government can make an assessment of public order.
How has the state responded?
The government order makes no mention of “public order” and that the petitioners reading of the order could be an error in translation.
The order, in Kannada, uses the words “sarvajanika suvyavasthe”.
Incidentally, the official Kannada translation of the Constitution uses “sarvajanika suvyavasthe” for “public order” in all nine instances.
How has public order been interpreted by courts?
Courts have broadly interpreted it to mean something that affects the community at large and not a few individuals.
In Ram Manohar Lohia vs State of Bihar (1965), the Supreme Court held that in the case of ‘public order’, the community or the public at large have to be affected by a particular action.
One has to imagine three concentric circles:
the largest representing ‘law and order’
the next representing ‘public order’ and
the smallest representing ‘security of State’
Arguments against the K’taka Order
In the Karnataka case, the petitioners have argued:
Public order is not every breach of law and order.
Public order is an aggravated form of disturbance that is much higher than a law and order issue.
Conclusion
Thus it is evident that wordplay is given more cognisance over the interpretation of constitution.
Maharashtra may follow several other big states and opt-out Pradhan Mantri Fasal Bima Yojana (PMFBY), the government’s much-highlighted crop insurance scheme.
Why do many states want to opt-out?
The major reasons are denial and delay of claims along with a huge subsidy burden on state governments.
The farmers are facing a problem with timely claim settlement.
Maharashtra is studying the Beed Model for insurance settlement.
Who else has stepped out?
Andhra Pradesh, Jharkhand, Telangana, Bihar, Gujarat (PM’s home state), Punjab and West Bengal — all predominantly agriculture states — have already opted out of the scheme.
Some of these states have their own insurance schemes.
What is PMFBY?
The PMFBY was launched in February 2016. It is being administered by Ministry of Agriculture.
It provides a comprehensive insurance cover against failure of the crop thus helping in stabilising the income of the farmers.
It is implemented by empanelled general insurance companies.
The scheme is compulsory for loanee farmers availing Crop Loan /KCC account for notified crops and voluntary for other others.
Its functioning
PMFBY insures farmers against all non-preventable natural risks from pre-sowing to post-harvest.
Farmers have to pay a maximum of 2 per cent of the total premium of the insured amount for kharif crops, 1.5 per cent for rabi food crops and oilseeds as well as 5 per cent for commercial / horticultural crops.
The balance premium is shared by the Union and state governments on a 50:50 basis and on a 90:10 basis in the case of northeastern states.
Farmers covered
All farmers growing notified crops in a notified area during the season who have insurable interest in the crop are eligible.
To address the demand of farmers, the scheme has been made voluntary for all farmers from Kharif 2020.
Earlier to Kharif 2020, the enrolment under the scheme was compulsory for following categories of farmers:
Farmers in the notified area who possess a Crop Loan account/KCC account (called as Loanee Farmers) to whom credit limit is sanctioned/renewed for the notified crop during the crop season. and
Such other farmers whom the Government may decide to include from time to time.
Risks covered under the scheme
Comprehensive risk insurance is provided to cover yield losses due to non-preventable risks, such as Natural Fire and Lightning, Storm, Hailstorm, Cyclone, Typhoon, Tempest, Hurricane, Tornado.
Risks due to Flood, Inundation and Landslide, Drought, Dry spells, Pests/ Diseases also will be covered.
In post-harvest losses, coverage will be available up to a maximum period of 14 days from harvesting for those crops which are kept in “cut & spread” condition to dry in the field.
For certain localized problems, Loss/damage resulting from the occurrence of identified localized risks like hailstorm, landslide, and Inundation affecting isolated farms in the notified area would also be covered.
Back2Basics: Beed Model
The model of crop insurance in place in Maharashtra’s Beed district is being studied by a central government panel set up to suggest suitable working models for PMFBY.
In the Beed model, there is a cap on the profit of the insurance companies.
If the claims exceed the insurance cover, the state government pays the bridge amount.
If the claims are less than the premium collected, the insurance company keeps 20 per cent of the amount as handling charges and reimburses the rest to the state government.
This is expected to reduce burden of subsidies from state.
India plans to prepare digital maps of all its 6,00,000 villages and pan-India 3D maps will be prepared for 100 cities to mark a year of the updated geospatial policy guidelines under the SVAMITVA Scheme.
What is SVAMITVA Scheme?
SVAMITVA stands for Survey of Villages and Mapping with Improvised Technology in Village Areas.
Under the scheme, the latest surveying technology such as drones will be used for measuring the inhabited land in villages and rural areas.
The mapping and survey will be conducted in collaboration with the Survey of India, State Revenue Department and State Panchayati Raj Department under the Ministry of Panchayati Raj.
The drones will draw the digital map of every property falling in the geographical limit of each Indian village.
Property Cards will be prepared and given to the respective owners.
Broad Objectives
Leveraging property as a financial asset by the citizens of rural India
Creation of accurate land records for rural planning
Provide an integrated property validation solution for rural India
Serve as a means of reduction in property-related disputes. Facilitate with the determination of property tax
Creation of survey infrastructure and GIS (Geographic Information System) maps that can be used by any department or agency
Features of the Scheme
Accurate survey: SVAMITVA Scheme uses the combination of Survey Grade Drones and CORS network (Continuously Operated Reference Stations) to accurately survey large areas in a very short span of time.
High resolution: The 1:500 scale maps generated through the drone survey are of very high accuracy i.e., 3-5 cms, which the conventional methodology does not provide.
Geo-tagging: Moreover, editable and geo-tagged maps are produced at a fraction of the cost without the need for line-of-sight.
Permanent records: These maps facilitate the creation of the most durable record of property holdings in areas with no legacy revenue records.
What are the updated guidelines?
The updated guidelines help private companies to prepare a variety of maps without needing approvals from a host of ministries.
They aim to make it easier to use drones and develop applications via location mapping.
It encompasses the trinity of geospatial Systems, Drone Policy, and unlocked Space Sector will be the hallmark of India’s future economic progress.
Recently, six students were banned from entering a college in Karnataka’s Udupi district for wearing a hijab (a head covering worn in public by some Muslim women).
The issue throws up legal questions on reading the freedom of religion and whether the right to wear a hijab is constitutionally protected.
How is religious freedom protected under the Constitution?
Article 25(1) of the Constitution guarantees the “freedom of conscience and the right freely to profess, practise and propagate religion”.
It is a right that guarantees a negative liberty — which means that the state shall ensure that there is no interference or obstacle to exercise this freedom.
However, like all fundamental rights, the state can restrict the right for grounds of public order, decency, morality, health and other state interests.
Observations made by the Supreme Court in this matter:
People have a right under the Constitution to profess, practise and propagate religion (Article 25).
Every person is the final judge of his/her choice of religion or who their life partner should be. Courts cannot sit in judgment of a person’s choice of religion or life partner.
Religious faith is a part of the fundamental right to privacy.
Karnataka Education Act, 1983
It stated that students will have to wear dress chosen by the appellate committee of the administrative board of pre-university colleges or college development committee.
The Act seeks to provide for:
Planned development of educational institutions
Inculcation of healthy educational practice
Maintenance and improvement in standards of education
Better organisation discipline and
Control over educational institutions in the State,
With the objective of fostering harmonious development of mental and physical faculties of students.
What is section 133 (2)?
Section 133 (2) of the act mandates that, a uniform style of clothes has to be worn compulsorily. However, private school administration can choose uniform of their choice.
It provides state the power to “give directions to officers or authorities under its control, which are necessary or expedient to carry out purposes of the Act.
It shall be the duty of officer or authority to comply with the directions.
Current status
The court is considering the issue whether the wearing of head scarf comes within fundamental right under Article 25.
One more question which may require consideration is whether the wearing of a head scarf is part of essential religious practice.
Interim order passed by Karnataka HC: The court said that till the matter is pending consideration before the Court, these students and all the stakeholders, shall not insist on wearing religious garments, maybe a head dress or saffron shawl.
Why do some Muslim women wear burkas?
According to Muslim scholars, the Koran calls for both men and women to ‘cover and be modest’.
As with many other religious scriptures, the reference to dress is open to interpretation and has been shaped by centuries of cultures in different nations.
Some scholars argue that it is a religious obligation, particularly the more conservative factions within the Muslim world. There are many variations and interpretations.
What is Hijab?
Hijab is a scarf or clothing worn by Muslim women to cover their hair in order to maintain modesty and privacy from unrelated males either in public or at home.
The concept, however, is not unique to Islam but embraced by other religions too such as Judaism and Christianity.
History of Hijab in Islam
Veiling during Mohammad’s lifetime
Historic pieces of evidence suggest that veiling was not introduced in Arabia by the last Prophet of Islam, but already existed there and was associated with high social status.
Spread of Islam and its traditions
As Islam propagated through the Middle East to parts of Africa and Central Asia, and different societies around the Arabian Sea, it incorporated local veiling customs and influenced others.
However, the veil was neither compulsory nor widely accepted by many generations after Mohammad.
But it gained momentum after male scriptural and legal scholars began using their religious and political authority to regain the dominance they lost in society due to the Prophet’s egalitarian reforms.
Veiling by upper-class Arab women
Soon, the Upper-class Arab women adopted veiling while the poor ones were slow to adopt as it interfered with their work in the fields.
The practice was both adopted as an appropriate expression of Qur’anic ideals regarding modesty and as a silent announcement that the women’s husband was rich enough to keep her idle.
Westernization of Muslim Countries
Westernization started dominating Muslim countries between the 1960s and 1970s. However, in 1979, widespread demonstrations were carried out in Iran after the hijab law was brought in.
The law decreed that the women in the country would have to wear scarves to leave their houses. While the law over hijab was passed in Iran, it was not the same for all Muslim countries.
The resurgence of hijab began in Egypt in the late-twentieth century as a means to reunite and rededicate to the Islamic faith.
The movement was known as Sahwah and the female pioneers of the movement adopted the Islamic dress.
The movement gained impetus and the practice became more widespread among Muslim women. They wore it publicly to announce their religious beliefs as well as reject western influences of dress and culture that were prevalent at the time.
Different kinds of Islamic clothing
Hijab: The hijab covers the hair and chest and is common among Muslim women in South East Asia. Hijab is also a general term referring to the practice of wearing veils of all kinds.
Niqab: It is a veil that covers the face and head, keeping the eye area open.
Burqa: covers the entire body including the whole face, with a mesh window for the woman to see out of.
Khimar: It is a long scarf that covers the head and chest but keeps the face uncovered.
Shayla: A rectangular piece of cloth wrapped around the head and pinned in place.
What is the essential religious practices test?
Shirur Mutt case: In 1954, the Supreme Court held that the term “religion” will cover all rituals and practices “integral” to a religion.
The test to determine what is integral is termed the “essential religious practices” test.
The test, a judicial determination of religious practises, has often been criticised by legal experts as it pushes the court to delve into theological spaces.
In criticism of the test, scholars agree that it is better for the court to prohibit religious practices for public order rather than determine what is so essential to a religion that it needs to be protected.
Several instances of a court applying the test
In a 2004 ruling, the SC held that the Ananda Marga sect had no fundamental right to perform Tandava dance in public streets, since it did not constitute an essential religious practice of the sect.
While these issues are largely understood to be community-based, there are instances in which the court has applied the test to individual freedoms as well.
For example, in 2016, the SC upheld the discharge of a Muslim airman from the Indian Air Force for keeping a beard.
Armed Force Regulations, 1964, prohibits the growth of hair by Armed Forces personnel, except for “personnel whose religion prohibits the cutting of hair or shaving of face”.
The court essentially held that keeping a beard was not an essential part of Islamic practices.
How have courts ruled so far on the issue of a hijab?
There are two set of rulings of the Kerala High Court, particularly on the right of Muslim women to dress according to the tenets of Islam, throw up conflicting answers.
In 2015, at least two petitions were filed before the Kerala High Court challenging the prescription of dress code for NEET exam which prescribed wearing clothes with certain dress code.
Here the Kerala HC directed the CBSE to put in place additional measures for checking students who“intend to wear a dress according to their religious custom, but contrary to the dress code”.
Amna Bint Basheer v Central Board of Secondary Education (2016): Here, the Kerala HC examined the issue more closely.
The Court held that the practice of wearing a hijab constitutes an essential religious practice but did not quash the CBSE rule.
The court once again allowed for the “additional measures” and safeguards put in place in 2015.
Fathima Tasneem v State of Kerala (2018): On the issue of a uniform prescribed by a school, the Kerala HC held that collective rights of an institution would be given primacy over individual rights of the petitioner.
Seven questions pending before Supreme Court
The row over wearing hijab has brought back into focus a case on the “scope and ambit” of religious freedom, which has been pending before a Constitution Bench of nine judges for two long years.
The seven questions pending an answer from the nine-judge Bench are:
What is the scope and ambit of right to freedom of religion under Article 25 of the Constitution;
What is the inter-play between the rights of persons under Article 25 of the Constitution and rights of religious denomination under Article 26;
Whether the rights of a religious denomination are subject to other provisions of Part III of the Constitution apart from public order, morality and health;
What is the scope and extent of the word ‘morality’ under Articles 25 and 26 and whether it is meant to include constitutional morality;
What is the scope and extent of judicial review with regard to a religious practice as referred to in Article 25;
What is the meaning of expression “sections of Hindus” occurring in Article 25 (2) (b);
Whether a person not belonging to a religious denomination or religious group can question a practice of that religious denomination or religious group by filing a PIL?”
Way Forward
Pluralism and inclusiveness are characterised by religious freedom. Its purpose is to promote social harmony and diversity.
There is no one uniform code today which is mandated throughout the State. It would be a depressing response from a government that prioritises uniformity over diversity.
Religious fanaticism, whether by the majority or the minority, has only damaged the secular mosaic.
Despite many criticisms of the practice of hijab being oppressive and detrimental to women’s equality, many Muslim women view the way of dress to be a positive thing.
The dress code was seen as a way to avoid harassment and unwanted sexual advances in public and works to desexualize women in the public sphere to allow them to enjoy equal rights of completely legal, economic, and political status.
From the Afghan Wars to the Battle of Saragarhi where a small band of Sikh soldiers wreaked havoc during a siege mounted by a numerically superior adversary to the two great wars, Indian Army has set the highest standards in valour.
Various phases of evolution
Phase – I
Colonial nature of Army: With the advent of independence, India saw the withdrawal of British military officers from the top posts of Indian army. This led to an exposure of relatively young and inexperienced officers who were native to India. Also, from an army fighting the World Wars, Indian army saw a change in its primary targets with the new threat being faced on the frontiers.
First offensive with Pakistan: The bitterness of partition was further aggravated by Pakistan’s inexplicable act of sending raiders across the boundary with an intention of capturing the Indian state of Jammu and Kashmir. This was handled proficiently by the Indian army, while the leadership played its cards deftly by making the Raja of Jammu and Kashmir sign the instrument of accession.
India-China War of 1962: India faced a breach of trust with the Chinese attack on the northern borders of India. This followed a long diplomatic exchange, which slowly turned from an atmosphere of camaraderie to a relatively bitter outcome.
Lessons learnt
Failure of diplomacy: The debacle of 1962 war can be attributed majorly to Indian complacency and a belief in goodwill generation at the expense of pragmatic principles of warfare.
Financial crunches: Indian army was not prepared to fight the war because of the budgetary cuts inflicted upon it in the last decade.
Lapses in threat perception: At the same time, the leadership failed to convey the threat being faced from China. On the contrary, the contemporary Defence Minister actually downplayed the threat, emphasizing upon the diplomatic exchange being undertaken between the two heads of the nations.
Phase – II
Pakistani misadventure in 1965: In the mistaken belief that Indian Army is vulnerable due to loss in 1962 war and the leadership gap due to loss of PM Nehru, Pakistan embarked on a misadventure across the deserts of Rajasthan.
Liberation of Bangladesh in 1971: Pakistan’s genocide in its eastern territory led to an uprising in the area, along with almost 10 million refugees fleeing to India for protection. This led to a war between Pakistan and India, with India being supported by the Mukti Bahini of Bangladeshi people.
Lessons learnt
Learning from mistakes: The period after 1962 war saw a major course correction in Indian military with major structural and doctrinal shifts undertaken to strengthen the forces.
Outsizing: Firstly, the size of army was increased from 5.5 lakh troops to almost 8.25 lakh troops.
Increased budgetary allocations: At the same time, the budgets were increased to modernize the forces and help them counter threat from modern equipment used by the Chinese.
Integration of Tri-services: The lessons learnt in 1962 war were applied to the future conflicts as Indian Air Force was pressed early into action to gain tactical and strategic advantages in the battle for supremacy.
Phase – III
Realization of actual enemy: Indian armed forces embarked on an era of upgradation to combat Chinese challenge in the northern mountainous regions post 1961 war.
Internal threats: India saw an increase in insurgencies in the interior of the country from terrorist organizations like United Liberation Front of Asom (ULFA) in the North East, as well as separatist forces like Pro-Khalistan fighters.
Unconventional warfare from Pakistan: After failing to dent Indian defence on the battlefield, Pakistan started micro-warfare by inciting insurgency in the state of Jammu and Kashmir. This was stated explicitly by the Pakistani generals as the strategy of ‘bleeding India with thousand cuts’.
Kargil War, 1999: Being frustrated due to its inability to inflict damage upon Indian integrity in Kashmir, Punjab or other areas, Pakistan treacherously occupied the peaks in the Kargil and other adjoining sectors of Kashmir Valley.
Mumbai Terror Attacks: The terror attacks in Mumbai in 2008 led to restructuring of Indian Defence Architecture to prevent reoccurrence of such events.
Lessons learnt
Garnering public goodwill: Indian Army has embarked upon a mission to win the hearts and minds of people in the Valley by following a people-centric approach.
Sense of sacrifice: This has led to a rise in the number of casualties on the side of Indian Army, but also has created an atmosphere of trust in the minds of the people of the valley.
Change of security apparatus: 26-11 attack led to the appointment of a full time National Security Adviser, creation of National Technical Research Organization and establishment of Theatre Commands for better integration of the three armed forces.
Phase – IV
Offensive stance: The Uri attacks saw a surgical strike take place inside the Pakistani territory. Indian Armed Forces have seen a pronounced shift in tactical warfare in the recent times.
Retaliation with choice: The Pulwama terrorist attacks saw retaliation in the form of Balakot Air Strikes by the Indian Air Force, destroying the Terrorist Launch Pads in the border areas of Pakistan, as well as Air-to-Air Combat between the two Air Forces.
Bursting the nuclear threat: By launching such daredevil operations, India called out Pakistan’s lies of using the Nuclear Weapons at the first instigation from India.
Budgetary advancements: Recent times have seen an enhancement in the Budgets of Tri-services, especially Indian Navy and Indian Coast Guard, to make them capable of sniffing out any possibility of a Mumbai-style terror attack on the Indian Territory.
Realization of Indo-Pacific Security: India has been entrusted with more responsibilities viz. clamping down on sea-piracy and smuggling of illegal arms in the Indian Ocean Region.
Countering Chinese ‘incursions’: The growing Chinese presence in the Indian Ocean Region, especially at the Ports like Hambantota and Gwadar, has given many sleepless nights to Security experts in India.
Upholding territorial sovereignty: India has been resolute and firm in the face of Chinese pressures in the Eastern Ladakh, as well as the Chumbi Valley Areas.
India has seen evolution of its Military Doctrines in response to the changing alignments in its border areas, as well as the global arena.
However, it is important to understand that it is critical to ensure that its Armed Forces remain in a state of alertness to counter any threat from the neighbouring countries.
This is especially true as we live in a tough neighbourhood and have a responsibility of being a ‘Net Security Provider’ to the small states of Indian Ocean Region.
There is fear that the way the money will be used by the Centre will disempower the states further, just when they must do most of the heavy lifting on public welfare.
Wealth creation and trickle-down
Failure of trickle-down: Evidence from around the world is that the economic policy paradigm, of first increasing the overall size of the pie by reducing taxes at the top and then “redistributing” the wealth, has not delivered benefits to people.
Gandhiji had declared that he was not against wealth creators. He lauded wealth creation.
However, it must not be at the cost of workers and welfare.
Wealth creators must be trustees of the wealth they create, not its exclusive owners.
The demand-side problem of the Indian economy
The Indian economy is suffering from a chronic “demand-side” problem that is becoming worse with misguided economic policies.
Young people who have been getting educated in larger numbers than before, even learning vocational skills, cannot find jobs.
If people don’t earn, demand will not increase, and investments in businesses will not be attractive.
Moreover, frustrated youth are tinderboxes for social unrest.
Financial globalization and its impact on India
Around the world, there is a reaction to the financial globalization of the last 30 years.
In his book, Davos Man, Peter Goodman explains how the wealthiest people have influenced economic policies in democratic countries from the 1990s to make themselves wealthier.
Thomas Piketty has documented how wealth inequalities have increased alarmingly.
Wealth has accumulated at the top, with regressive tax policies along with deregulation.
Government expenditure on social reforms has been crimped.
Way forward
The global economy must move on from hyper-financial, deregulated capitalism, which has given easy money too much freedom.
They must move out from their ideological ruts.
Invest in human capital: Until the economy grows there will be no resources to invest in human development — whereas China invested in human development before its economic take-off.
Protection to industrial sector: That an unprepared industrial sector will thrive in global free trade — whereas the UK and US (and Japan and China too), grew their industrial sectors behind walls of protection, and then demanded that the rest open their markets to the might of their enterprises.
Inclusive growth: Political divisions by religion and caste are tearing India’s social fabric again. The Indian economy must grow inclusively to repair it.
Conclusion
Indian policymakers must urgently discover India’s own, contextually appropriate model of development and shed defunct economic theories.
The Supreme Court is looking into allegations of the metamorphosis of the Prevention of Money Laundering Act (PMLA), brought to sniff out drug money, into a potent weapon to raid rivals and deny rights.
What is meant by money laundering?
Money laundering is the process of making significant amounts of money obtained through criminal activities, such as drug trafficking or terrorist funding, appear to have come from a legitimate source.
Large profits are made by illegal arms sales, drug trafficking, smuggling and prostitution rings, insider trading, bribery, and computer fraud schemes.
As a result, it provides an incentive for money launderers to “legitimize” their ill-gotten gains through money laundering.
The money generated is referred to as ‘dirty money,’ and money laundering is the act of converting ‘dirty money’ into ‘legitimate’ money.
Money Laundering Procedure:
It is a 3-stage process. They are:
Placement: The first stage involves the injection of crime money into the formal financial system.
Layering is the second stage, money injected into the system is layered and spread over various transactions in order to conceal the money’s tainted origin.
Integration: In the third and final stage, money enters the financial system in such a way that the initial association with the crime is sought to be erased, and the money can then be utilized as clean money by the offender.
Some of the most Common Money Laundering Methods:
Bulk cash smuggling, cash-intensive businesses, round-tripping,trade-based laundering, shell companies and trusts, bank capture, gambling, real estate, black salaries, fictional loans, hawala, and false invoicing
Prevention of Money Laundering Act (PMLA)
PMLA, 2002 is an Act of the Parliament of India enacted by the NDA government to prevent money laundering and to provide for confiscation of property derived from money laundering.
It was enacted in response to India’s global commitment (including the Vienna Convention) to combat the menace of money laundering.
PMLA and the Rules notified there under came into force with effect from July 1, 2005.
The act was amended in the year 2005, 2009 and 2012.
Objectives of PMLA
The PMLA seeks to combat money laundering in India and has three main objectives:
To prevent and control money laundering.
To confiscate and seize the property obtained from the laundered money; and
To deal with any other issue connected with money laundering in India.
Key definitions
Payment System: A system that enables payment to be effected between a payer and a beneficiary, involving clearing, payment or settlement service or all of them. It includes the systems enabling credit card, debit card, smart card, money transfer or similar operations.
Money-laundering: Whosoever directly or indirectly attempts to indulge or assist other person or actually involved in any activity connected with the proceeds of crime and projecting it as untainted property.
Attachment: Prohibition of transfer, conversion, disposition or movement of property by an appropriate legal order.
Proceeds of crime: Any property derived or obtained, directly or indirectly, by any person as a result of criminal activity relating to a scheduled offence.
Salient features
Punishment and Jail term: The Act prescribes that any person found guilty of money laundering shall be punishable with rigorous imprisonment from three years to seven years. The maximum punishment may extend to 10 years instead of 7 years.
Powers of attachment of tainted property: The Director or officer above the rank of Deputy Director with the authority of the Director, can provisionally attach property believed to be “proceeds of crime”.
Adjudicating Authority: It is the authority appointed by the central government which decides whether any of the property attached or seized is involved in money laundering.
Presumption in inter-connected transactions: Where money laundering involves two or more inter-connected transactions. It is presumed that the remaining transactions form part of such inter-connected transactions.
Burden of proof: A person, who is accused of having committed the offense of money laundering, has to prove that alleged proceeds of crime are in fact lawful property.
Appellate Tribunal: It is given the power to hear appeals against the orders of the Adjudicating Authority and any other authority under the Act. Its orders are not final and can be challenged.
Establishment of Special Court: To ensure speedy trial.
Issues with PMLA
Misuse of central agencies: PMLA is being pulled into the investigation of even ordinary crimes by the Enforcement Directorate.
Seizing of assets: Assets of genuine victims have been attached. The ED could just walk into anybody’s house.
Politically motivated raids: In all this, the fundamental purpose of PMLA to investigate the conversion of “illegitimate money into legitimate money” was lost.
Opacity of charges: Petitioners pointed out that even the Enforcement Case Information Report (ECIR) – an equivalent of the FIR – is considered an “internal document” and not given to the accused.
Vagueness over evidences: The accused is called upon to make statements that are treated as admissible in evidence.
Harassment: The ED begins to summon accused persons and seeks details of all their financial transactions and of their family members.
Against individual liberty: The initiation of an investigation by the ED has consequences that have the potential of curtailing the liberty of an individual.
Way ahead
It is unlikely that corruption can be substantially reduced without modifying the way government agencies operate.
The fight against corruption is intimately linked with the reform of the investigations.
Therefore the adjudicating authorities must work in cooperation and ensure the highest standards of transparency and fairness.
The Ministry of Home Affairs has recommended a ban on 54 Chinese mobile applications that pose a threat to the country’s security.
Legal basis of app ban
The ban has been enforced under Section 69A of the Information Technology Act, 2000.
This act empowers to issue directions for blocking for public access of any information through any computer resource.
This is done in the interest of –
sovereignty and integrity of India
defense of India, security of the State
friendly relations with foreign states
public order (or)
for preventing incitement to the commission of any cognizable offense relating to above
Why MHA has put such a ban?
Most of these apps were operating as clones or shadow apps of the apps that had earlier been banned by the government.
There was stealing and secretly transmitting users’ data in an unauthorized manner to servers that have locations outside India.
These apps largely impact the psychosocial abilities of the users.
The immediate decision has been taken in a specific strategic and national security
Implications of the ban
India’s offensive: The move comes as an exercise of coercive diplomacy with China amid the heated exchange of words during the diplomatic boycott on the winter Olympics.
Hurting china’s ambitions: The ban may affect one of China’s most ambitious goals, namely to become the digital superpower of the 21st century.
Data nationalization: The ban is also based on the recognition that data streams and digital technology are a new currency of global power.
Issues with the ban
Not only China: Data privacy and data security concerns are not limited only to Chinese apps.
Harm already caused: The apps that were banned were very popular in India and the move to block them comes after these apps had already amassed hundreds of millions of users in India.
Further dependency on China: The ban on Chinese mobile apps is a relatively soft target, as India remains reliant on Chinese products in several critical and strategically sensitive sectors.
Way Forward
There is a strong case to revise the key legislations and sync them to change the digital environment.
Data privacy and security remain to be major challenges emanating from the ongoing digital revolution.
Thus, a data protection law is long overdue.
India must speed up indigenization, research, and development, and frame up a regulatory architecture to claim data sovereignty.
The National Medical Commission (NMC), the regulator for medical education and practices that replaced the Medical Council of India in 2020, has suggested to medical colleges that the traditional Hippocratic Oath should be replaced by a “Charak Shapath”.
Who was Hippocrates?
The Hippocratic Oath is attributed to Hippocrates of the island of Kos, a Greek physician of the classical period (4th-5th centuries BC, until the death of Alexander the Great in 323 BC).
It broadly corresponds to the period from the death of the Buddha (486 BC) to the rise of the Mauryas (321 BC) in India.
Among the great contemporaries of Hippocrates were the Athenian philosopher Plato and his teacher Socrates, and Plato’s student and Alexander’s tutor, the polymath Aristotle.
He is regarded as the “father of modern medicine”.
What is the Hippocratic Oath?
Basically, the Hippocratic Oath is a charter of ethical principles that physicians over the ages have sworn to uphold in the practice of their profession.
The earliest available fragments of what is understood to be the original oath date back to the late 3rd century AD, and a millennium-old version is now in the library of the Holy See.
What are general outlines of a Medical Oath?
Always exercise his/her independent professional judgment and maintain the highest standards of professional conduct
Respect a competent patient’s right to accept or refuse treatment
Not allow his/her judgment to be influenced by personal profit or unfair discrimination
Be dedicated to providing competent medical service in full professional and moral independence, with compassion and respect for human dignity
Deal honestly with patients and colleagues, and report to the appropriate authorities those physicians who practice unethically or incompetently or who engage in fraud or deception
Certify only that which he/she has personally verified
Respect the local and national codes of ethics
About Charaka and Charak Samhita
The Charak Samhita is a medical pharmacopeia and collection of commentaries and discussions on medical practices that is dated to the 1st-2nd centuries AD.
Along with the compendium of Susruta (c. 4th century AD), which is about surgery, the Charak Samhita is considered the foundational text of ancient Indian medicine,.
It is an evolved system of understanding and treating disease that resembled that of Hippocrates and Galen (2nd century AD), and was in some ways ahead of the Greeks.
In theory and praxis, ayurvedic medicine today remains broadly unchanged from these ancient Indian principles.
The medical ethics of Charaka
The physician was an important and respected member of ancient Indian society, and medical practice followed rules of professional conduct and ethical principles. It goes on to say that-
You must strive with all your soul for the health of the sick.
You must not betray your patients, even at the cost of your own life.
You must not get drunk, or commit evil, or have evil companions.
You must be pleasant of speech…and thoughtful, always striving to improve your knowledge.
When you go to the home of a patient you should direct your words, mind, intellect, and senses nowhere but to your patient and his treatment.
Nothing that happens in the house of the sick man must be told outside, nor must the patient’s condition be told to anyone who might do harm by that knowledge to the patient or to another.
This ethical code is universal, and remains just as relevant and applicable today.
Arguments in favour of Charaka Oath
There is no universally accepted version of the physician’s oath.
Many medical schools around the world hold a ceremony in which graduating doctors swear to a broad charter of ethics that are sometimes customised by individual institutions.
A version of the ‘physician’s code of ethics’ is commonly displayed in hospitals or clinics in most places, including India.
Issues with this oath
The opposition has criticised the proposal as an attempt to saffronise medical education.
Introducing Indian elements into Indian education is necessary, but not at the expense of universal values and standards.
Like several other sages mentioned in the literature of ancient India, the historicity of Charaka is still uncertain.
Citizens join hands to preserve the geological marvel of Erra Matti Dibbalu in Visakhapatnam.
What is Erra Matti Dibbalu?
Located between Visakhapatnam and Bheemunipatnam, the Erra Matti Dibbalu are rare red sand dunes that are a reminder of the million years of geological processes.
Its towering red sand dunes with patches of greenery is like a meandering maze.
The width of the dunes, which runs for five kilometres along the coast, varies from 200 metres to two kilometres.
It is listed among the 34 notified National Geological Heritage Monument Sites of India by the Geological Survey of India.
(Don’t they resemble to Ravines of Chambal?)
Its formation
Studies indicate that the area was tectonically active between 2.5 million years and 11,000 years ago.
The sediments are mainly derived from the Khondalite rocks from the hinterland of the Eastern Ghats.
Geologically these red sand dune sediments particularly hold significance.
They are the result of the combined effect of numerous factors including global climatic changes, sea-level variations, monsoonal variability and as a result serves as valuable paleo-environment indicators.
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