Mains Ready By December. Smash Mains & Smash PYQ Admissions Open
Talk to Mentor

Civilsdaily

GS Paper: GS1-10.Social empowerment, communalism, regionalism & secularism.

  • Move on madrasas, the alienation of Muslims

    Why in the News?

    The Supreme Court’s move to block the NCPCR’s recommendations to stop funding madrasas that don’t follow the RTE Act, 2009, and conduct inspections, along with related actions by the Centre and states, has brought some relief to minorities and secular-minded people.

    What reforms are necessary to modernize madrasa education and address public perceptions?

    • Curriculum Integration: Need to introduce a balanced curriculum that combines religious studies with modern subjects like science, mathematics, and social studies to make madrasa education more holistic and aligned with mainstream education standards.
    • Teacher Training and Certification: Ensure that madrasa teachers receive proper training in contemporary pedagogy and modern subjects.
    • Infrastructure Development: Improve madrasa facilities to provide a conducive learning environment. This includes better classrooms, libraries, laboratories, and access to technology for digital learning.
    • Monitoring and Evaluation: Establish a framework to regularly assess and monitor the quality of education in madrasas.
    • Vocational and Skill-Based Training: Incorporate vocational courses and skill development programs to equip students with practical skills that can improve their employability.
    • Awareness Programs: Need to run awareness campaigns to inform the community about the value of modernizing madrasa education.

    How do political narratives and policies affect the perception of madrasas among the Muslim community?

    • Communal Narratives and Stereotyping: Political narratives often portray madrasas as breeding grounds for extremism, which affects the public’s perception, especially among non-Muslims.
    • Legislative and Policy Decisions: Policies such as withdrawing government funding or enforcing stringent regulations can create a perception of bias against Muslim educational institutions.
    • Historical Reason and Islamophobia: Historical events like the U.S.-Taliban conflict have influenced perceptions of madrasas, linking them to extremism. Political rhetoric often builds on these associations to foster Islamophobic sentiments.
    • Social Justice versus Appeasement: There is a debate on whether supporting madrasas financially is an act of social justice (ensuring access to education) or appeasement.

    What role can madrasas play in promoting social cohesion and countering extremism?

    • Interfaith Learning and Dialogue: Madrasas can include teachings that promote understanding and respect for other religions.
    • Combating Radicalization: By modernizing curricula to include secular education and critical thinking, madrasas can counter extremist narratives. An informed and educated student body is more resilient to radical ideologies.
    • Community Engagement Programs: Madrasas can play a role in community service and outreach, helping bridge the gap between Muslim communities and others. This engagement can dispel misconceptions and build mutual trust.
    • Promoting National Values and Secular Ideals: Incorporating national education standards in madrasas can help in promoting the values enshrined in the Indian Constitution, such as secularism, social justice, and equality.

    Way forward: 

    • Comprehensive Policy Reforms: Develop a national framework that integrates modern subjects into madrasa education, provides teacher training, and ensures quality monitoring.
    • Community and Interfaith Initiatives: Launch awareness programs to highlight the benefits of modernizing madrasa education while encouraging interfaith dialogue and community engagement.

    Mains PYQ:

    Q The Right of Children to Free and Compulsory Education Act, 2009 remains inadequate in promoting an incentive-based system for children’s education without generating awareness about the importance of schooling. Analyse. (UPSC IAS/2016)

  • What does USCIRF report say about India?

    Why in the News?

    On October 2, the Washington DC-based United States Commission on International Religious Freedom (USCIRF) released a country update on India, highlighting what it described as “collapsing conditions for religious freedom.”

    Mandate of the USCIRF

    • Monitoring Religious Freedom: The USCIRF is tasked with monitoring the universal right to freedom of religion or belief (FoRB) in countries outside the U.S. This includes assessing violations based on international human rights standards, particularly Article 18 of the Universal Declaration of Human Rights.
    • Annual Reports: The commission produces annual reports that evaluate religious freedom conditions and recommend countries for designation as “Countries of Particular Concern” (CPC) or for inclusion on the “Special Watch List” (SWL).
    • Policy Recommendations: USCIRF provides policy recommendations to the President, Secretary of State, and Congress regarding actions to address violations of religious freedom.

    How does the UNSCIRF designate a country as a ‘Country of Particular concern’? 

    • Criteria for CPC Designation: A country is designated as a CPC if it engages in or tolerates “systematic, ongoing, and egregious violations” of religious freedom. This includes severe actions such as torture, prolonged detention without charges, and other flagrant denials of basic rights.
    • Recommendation Process: The USCIRF assesses countries based on its findings and recommends those that meet the CPC criteria. The U.S. Secretary of State ultimately decides whether to accept these recommendations and designate countries accordingly.

    How has the Indian government reacted to the report?

    • Rejection of Findings: The Indian government has strongly rejected the USCIRF’s report, labeling it as biased and politically motivated. Officials argue that the commission misrepresents facts regarding religious freedom in India.
    • Defense of Policies: The Ministry of External Affairs stated that India is committed to protecting the rights and freedoms of all its citizens, regardless of their faith, and urged USCIRF to refrain from agenda-driven narratives.

    Way forward: 

    • Engage in Diplomatic Dialogue: India should proactively engage with international bodies like USCIRF to address concerns, clarify its stance, and present factual data on religious freedom, fostering mutual understanding.
    • Strengthen Domestic Protections: India should reinforce legal and institutional frameworks to safeguard minority rights and religious freedoms, ensuring transparent mechanisms to address grievances and counter negative perceptions globally.

  • Keep the fire of the self-respect movement going

    Why in the News?

    This year marks the beginning of the centenary of the “Self-Respect Movement”, a transformative movement with a unique mission to empower individuals and communities to challenge and dismantle the oppressive hierarchical structures that had subjugated them.

    What is the significance of the Self-Respect Movement?

    • Empowerment Against Hierarchical Structures: The Self-Respect Movement, founded by Periyar in 1925, aimed to dismantle the caste-based hierarchy that oppressed lower castes, especially in the Madras Presidency.
    • Social Reform Beyond Political Representation: The movement went beyond advocating for communal representation, focusing on equal rights for women, caste abolition, and the upliftment of the depressed classes.
      • It introduced radical reforms like self-respecting marriages and supported women’s rights such as property ownership, divorce, and widow remarriage.
    • Kudi Arasu’s Role: The Tamil weekly, Kudi Arasu (The Republic), served as a platform to spread Periyar’s critiques of Brahminism and the caste hierarchy, expanding the reach of the Self-Respect Movement.
    • Federalism and Political Autonomy: Periyar and the movement contributed to the evolution of federalism in India by advocating for regional autonomy and opposing the dominance of elite caste groups in politics.

    How can the principles of the self-respect movement be sustained and promoted?

    • Adaptation to Contemporary Issues: The movement must address modern complexities like the intersectionality of caste with class, religion, gender, and sexuality. Expanding the movement’s scope to include LGBTQIA+ rights and evolving gender norms will keep it relevant.
    • Counter-fack news on social media: Active communication with younger generations, particularly in countering right-wing narratives and caste biases on social media, is vital for promoting the movement’s ideals of equality and rationalism.
    • Reframing Social Justice in a Global Context: Sustaining the Self-Respect Movement’s legacy requires integrating its principles with global discussions on social justice, identity politics, and human rights.
    • Advocacy for Policy Reforms: Continuous advocacy for policies that address caste and gender inequalities, such as reservations and legal protection for self-respect marriages, can strengthen the movement’s impact.

    What challenges does the self-respect movement face in the current socio-political climate?

    • Cultural Homogenisation: The rise of Hindutva and right-wing ideologies seeks to homogenise India’s diverse cultures, undermining regional, linguistic, caste, and gender identities that the movement has historically sought to protect.
    • Evolving Caste Dynamics: While traditional caste practices may have declined in some areas, caste-based discrimination persists subtly in other forms, which the movement must continue to confront.
    • Digital Misinformation: The rise of social media has led to the spread of falsehoods that reinforce caste and group prejudices. The movement must actively engage in digital spaces to counter these narratives.
    • Caste-based politics: In states like Bihar and Uttar Pradesh, many regional political parties engage in caste-based politics, which indirectly obstructs the principles and application of the Self-Respect Movement.

    Way forward: 

    • Promote Inclusive Policy Reforms: The Indian government should enhance policies that target caste and gender inequalities, such as expanding legal protections for self-respect marriages and enforcing anti-discrimination laws, while ensuring marginalized communities have equitable access to resources and opportunities.
    • Strengthen Digital Literacy and Anti-Misinformation Efforts: The government should initiate programs to combat digital misinformation, particularly caste-based narratives, by promoting digital literacy, fact-checking, and inclusive content on social media platforms to foster equality and social harmony.

  • U.P., Rajasthan, M.P. top in cases of atrocities on Dalits: report

    Why in the News?

    According to a recent government report, 97.7% of atrocities against Scheduled Castes in 2022 were concentrated in 13 states, with Uttar Pradesh, Rajasthan, and Madhya Pradesh reporting the highest numbers.

    What are the finding as per report?

    • Concentration of Cases: Approximately 97.7% of atrocities against Scheduled Castes (SCs) were reported from 13 states, with Uttar Pradesh, Rajasthan, and Madhya Pradesh having the highest incidents. For Scheduled Tribes (STs), 98.91% of cases were also concentrated in these states.
    • Statistics on Atrocities:
        • For SCs, there were 51,656 reported cases, with Uttar Pradesh alone accounting for 23.78% (12,287 cases).
        • Other significant contributors included Rajasthan (8,651 cases, 16.75%) and Madhya Pradesh (7,732 cases, 14.97%).
        • For STs, a total of 9,735 cases were registered, with Madhya Pradesh reporting the highest at 30.61% (2,979 cases).
    • Investigation and Charge-Sheeting:
      • Among SC-related cases, 60.38% resulted in charge sheets, while 14.78% concluded with final reports due to reasons like false claims or lack of evidence.
      • For ST-related cases, the charge-sheeting rate was slightly higher at 63.32%, with similar conclusions for final reports.
    • Conviction Rates: The conviction rate for atrocities under the Act has declined to 32.4% in 2022 from 39.2% in 2020, indicating a concerning trend in legal outcomes for victims.
    • Special Courts and Infrastructure: Out of 498 districts, only 194 had established special courts to expedite trials related to these cases, highlighting a significant gap in judicial infrastructure.

    What are the protection for SCs in Indian law?

    The Indian legal framework provides several protections for SCs under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989:

    • Prohibition of Atrocities: The Act defines various forms of atrocities against SC members, including social exclusion, bonded labor, forced manual scavenging, and physical violence.
    • Legal Recourse: Victims can report crimes to the police or the National Commission for Scheduled Castes (NCSC), which has the authority to investigate complaints and ensure legal protections are enforced.
    • Punishments for Offenders: Offenders can face imprisonment ranging from six months to five years along with fines for committing atrocities against SC members.

    What are the intiative taken by government to empower SCs in economical and social term?

    • Reservation Policies: The Constitution mandates reservations for SCs in government jobs and educational institutions to enhance their representation and opportunities.
    • Financial Assistance Programs: Various schemes provide financial support for self-employment and skill development among SC communities to improve their economic status. Example is the National Scheduled Castes Finance and Development Corporation (NSFDC).
    • Establishment of Protection Cells: SC/ST Protection Cells have been set up across states to address grievances and ensure the enforcement of protective laws.For instance, in Karnataka, these cells have been actively involved in monitoring atrocities against SCs/STs and conducting surveys in atrocity-prone areas
    • Awareness Campaigns and Training Programs: The government conducts awareness campaigns to educate SC communities about their rights and available legal protections. For example,“Bharat ke Sathi” campaign.

    Way forward: 

    • Strengthening Legal and Judicial Mechanisms: Establish more special courts and fast-track mechanisms in all districts to ensure timely justice for victims of atrocities, alongside improving conviction rates through effective investigation and prosecution.
    • Empowering SC Communities Through Socio-Economic Initiatives: Expand skill development, financial assistance programs, and awareness campaigns to improve economic independence and social integration of SC communities, ensuring better enforcement of their rights and protections.

    Mains PYQ:

    Q Whether the National Commission for Scheduled Castes (NCSC) can enforce the implementation of constitutional reservation for the Scheduled Castes in the religious minority institutions? Examine. (UPSC IAS/2018)

  • Bhil Tribe have again demanded a separate ‘Bhil Pradesh’

    Why in the News?

    A large number of people from the Bhil tribe recently gathered at a rally in Rajasthan’s Mangarh Dham to raise the demand for an independent ‘Bhil state’.

    Background of the Bhil Pradesh Demand

    • The idea of a tribal state, comprising parts of Rajasthan, Madhya Pradesh, Gujarat, and Maharashtra, has been discussed previously.
    • The demand for a separate tribal state in western India was put forward by the Bharatiya Tribal Party (BTP) formed in 2017.
    • The Bhil community has been demanding that 49 districts be carved out of the four states to establish Bhil Pradesh.
    • The demand for Bhil Pradesh has been raised repeatedly since Independence.

    Historical Context

    • Bhil social reformer and spiritual leader Govind Guru first raised the demand for a separate state for tribals in 1913.
    • The demand followed the Mangarh massacre, where hundreds of Bhil tribals were killed by British forces.
    • The massacre took place six years before the Jallianwala Bagh massacre and is sometimes referred to as the “Adivasi Jallianwala”.

    Reasons for the Demand

    • Earlier, the tribal-majority regions were a single entity but were divided post-Independence.
    • According to the 2011 census, tribals comprise almost 14% of Rajasthan’s population.
    • Several Union governments have brought various laws and schemes for tribals but have been slow in implementation.

    Example of Implementation Issues

    • The Provisions of the Panchayats (Extension to Scheduled Areas) Act, 1996, aimed to decentralize governance and empower gram sabhas in tribal areas.
    • The Rajasthan government adopted the law in 1999, but its rules were only formulated in 2011.
    • Many people, including local leaders, are still unaware of the law.

    PYQ:

    [2013] Consider the following pairs :

    Tribe: State

    1. Limboo Limbu : Sikkim

    2. Karbi : Himachal

    3. Dongaria Kondh : Odisha

    4. Bonda : Tamil Nadu

    Which of the above pairs are correctly matched?

    (a) 1 and 3 only

    (b) 2 and 4 only

    (c) 1, 3 and 4 only

    (d) 1, 2, 3 and 4

  • [17th June 2024] The Hindu Op-ed: High Court’s take on Marriage Act, an erosion of rights

    PYQ Relevance:

    Q Discuss the possible factors that inhibit India from enacting for its citizen a uniform civil code as provided for in the Directive Principles of State Policy. (UPSC IAS/2015)

    Q  Customs and traditions suppress reason leading to obscurantism. Do you agree? (UPSC IAS/2020)

    Mentor comment: Interfaith marriages in India face legal and societal challenges despite protections under the Special Marriage Act, 1954. Recent judicial interventions have raised concerns about misinterpretations, impacting couples’ rights to choose partners freely. Such marriages often encounter opposition from families and communities, leading to social tensions. Efforts to protect couples through legal frameworks are crucial amid ongoing debates on religious and cultural sensitivities.

    Let’s learn!

    Why in the News?

    • A recent order from the Madhya Pradesh High Court has raised concerns about the interpretation of the law regarding inter-faith marriages and the scope of the Special Marriage Act, 1954.
    About Special Marriage Act, 1954:

    •The SMA was passed by the Parliament on October 9, 1954.
    •It governs a civil marriage where the state sanctions the marriage rather than the religion.
    •The minimum age to get married under the SMA is 21 years for males and 18 years for females.
    Need for SMA:
    •Issues of personal law such as marriage, divorce, and adoption are governed by religious laws that are codified.
    •These laws, such as the Muslim Marriage Act,1954, and the Hindu Marriage Act, 1955, require either spouse to convert to the religion of the other before marriage.
    •However, the SMA enables marriage between inter-faith or inter-caste couples without them giving up their religious identity or resorting to conversion.

    Erroneous Considerations

    • Typical Assessment Under Article 226: When a petition for police protection is filed under Article 226 of the Constitution, the High Court usually assesses the violation of the petitioners’ rights and the threat they face.
    • Extended Protection Examples:
    • The Madras High Court granted protection to a lesbian couple, recognizing the dangers they faced.
    • The Punjab and Haryana High Court provided protection to a live-in couple, emphasizing the protection of their fundamental rights under Article 21 of the Constitution.
    • Contrasting Focus of Madhya Pradesh HC: Instead of focusing on the threats faced by the couple, the HC focused on the validity of the couple’s impending marriage, disregarding their right to life and liberty.
    What is Article 226 of the Constitution?: 
    Article 226 grants the High Courts of Indian states the power to issue writs. These writs are primarily meant for the enforcement of fundamental rights guaranteed under Part III of the Constitution or for any other legal purpose. The High Courts have the authority to issue writs such as habeas corpus, mandamus, prohibition, quo warranto, and certiorari.

    Dilution of the Special Marriage Act

    • Contradictory Order: The Madhya Pradesh High Court’s order contradicts the core principles of the Special Marriage Act.
    • Irrelevant Supreme Court Precedent: The court erroneously relied on a Supreme Court precedent related to property succession under Mohammedan Laws, which is irrelevant to the validity of inter-faith marriages under the Special Marriage Act.
    • Misinterpretation of Section 4: The court misinterpreted Section 4 of the Act, which excludes marriages between close relatives, not inter-faith marriages.
    • Act’s Purpose: The Act is designed to facilitate marriage between any two Indian nationals, regardless of their faith.

    Present status of Special Marriages:

    • Significance of the Order: The Madhya Pradesh High Court order is significant given the current social and political climate, where inter-faith and inter-caste marriages face vigilantism and right-wing propaganda.
    • Ongoing Petitions: There are ongoing petitions challenging unconstitutional provisions within the Special Marriage Act, such as the prior notice requirement, pending before the Supreme Court.
    • Supreme Court’s Ruling in Shafin Jahan Case:
    • Emphasized the protection of personal liberty and the right to choose a life partner, regardless of faith or caste.
    • Justice D.Y. Chandrachud’s judgment highlighted that intimate personal decisions do not require social approval and are protected by the Constitution.

    Way forward

    • Disregard of Shafin Jahan Judgment: The Madhya Pradesh High Court’s order disregards the spirit of the Shafin Jahan judgment, which prioritizes individual autonomy, privacy, and liberty.
    • Courts’ Responsibility: Constitutional courts must remember that jurisprudence favours autonomy and personal liberty.

    https://www.thehindu.com/opinion/op-ed/high-courts-take-on-marriage-act-an-erosion-of-rights/article68297655.ece

  • [16 May 2024] The Hindu Op-ed: The pitch for Subaltern Secularism

    PYQ Relevance:

    Mains: 

    Q Are tolerance, assimilation and pluralism the key elements in the making of an Indian form of secularism? Justify your answer. (UPSC IAS/2022)

    Q How the Indian concept of secularism different from the western model of secularism? Discuss. (UPSC IAS/2018)

    Q What are the challenges to our cultural practices in the name of Secularism? (UPSC IAS/2019)

    Prelims:

    Consider the following statements:  (UPSC IAS/2020)
    1. The Consititution of India defines its ‘basic structure’ in terms of federalism, secularism, fundamental rights and democracy.
    2. The Constitution of India provides for ‘judical review to safeguard the citizens’ liberties and to preserve the ideals on which the Constitution is based.
    Which of the Statements given above is/are correct?
    (1) 1 only
    (b) 2 only
    (c) Both 1 and 2
    (d) Neither 1 nor 2

    Note4Students: 

    Prelims:  Political Theories; Secularism

    Mains: Society; Secularism;

    Mentor comment: India since its Independence has been an observer of major democratic shifts, especially when it comes to the Political Parties. In the Indian kind of Parliamentary Democracy, the State is prohibited from patronizing any particular religion as the ‘State religion’ (positive secularism) and is enjoined to observe neutrality. The positive part of the Indian kind of Secularism is that it (the state) has been entrusted to regulate by Law (Procedure established by Law) or by an Executive order (head of govt.). In studies of Religion, the present modern democracies are generally recognized as secular. This is due to the near-complete freedom of religion (religious beliefs generally are not subject to legal or social sanctions), and the lack of authority of religious leaders over political decisions. However, in present Indian democratic politics, there exist two major binary contradictions – between the modern ‘secular subalterns’ (by R. Gandhi) vs. ‘Hindu subalterns’ (by PM Modi). This is for the first time that India is observing major shift in its Political Representation and the associated subalterns (subordinates).

    Let’s learn

    _

    Why in the News? 

    The 2024 Indian General Election is being framed as a contest between “Subaltern Hindutva” and “Subaltern secularism”.

    What is ‘Subaltern Secularism’?

    The concept of “subaltern secularism” refers to the idea of secularism being embraced and practiced by marginalized or oppressed groups in society, often in contrast to the secularism associated with the elite classes or the classes that are in major power.
    Concerning ‘Secularism’, the “subaltern groups” are those who have been excluded from the dominant discourse on secularism, which has traditionally been associated with the English-speaking elite.

    What is ‘Subaltern Hindutva’?
    : The “subaltern Hindutva” refers to a political strategy that mobilizes marginalized or subaltern Hindu groups by appealing to their sense of honor and identity within Hindu society.
    This concept emerged as a significant force in Indian politics, particularly since the 2014.
    Subaltern Hindutva gained traction by addressing the perceived contempt faced in the English-speaking elite circles, especially as more of them became educated.

    Agenda of ‘Social Welfare’ set by ‘Subaltern Secular’ Group:

    • On Reservation: They promised a dedicated ministry for the empowerment of the Other Backward Classes (OBC), the creation of a National Council for Social Justice, reservation in the higher judiciary for Scheduled Castes (SC), Scheduled Tribes (ST) and OBCs, and a Rohit Vemula Act for students of disadvantaged sections.
    • Political representation for weaker sections: Due to the lost regional subalterns in the post-Mandal era, they amended their constitution to reserve 50% of seats to the Congress Working Committee (CWC) for SCs, STs, OBCs, women, and minorities.
    • Legal guarantees for Minimum Income: They promised “Sampoorna Samajik Suraksha”, and a Nyuntam Aay Yojana (Nyay) as social security that will have legal guarantees for minimum income and social security for the poor.
    • Social and Health Security: Right to Health, pensions for Single Women, Elderly, and persons with disabilities, a Comprehensive Integrated Child Development Scheme in line with the National Food Security Act, and quality elementary schooling and maternity entitlements are promised.

    How does the present ‘subaltern secularism’ differ from then ‘traditional secularism’?

    • By focusing on marginalized or oppressed groups: In ‘traditional secularism’, the discourse is often dominated by the elite, leading to a disconnect with the masses. On the other hand, ‘subaltern secularism’ challenges this top-down approach by advocating for the inclusion of marginalized voices in shaping secular narratives and practices
    • By practicing secular values: ‘Traditional secularism’ tends to be associated with the privileged classes and can sometimes overlook the perspectives of marginalized communities, ‘subaltern secularism’ seeks to empower these groups by providing them with a platform to express and practice their secular beliefs within their unique socio-political contexts.

    What are the implications of ‘Subaltern secularism’ for Indian Democracy?

    By focusing on marginalized or oppressed groups embracing and practicing secular values, subaltern secularism challenges the traditional elite-centric narrative of secularism in India.

    • Brings Inclusive Representation: It emphasizes the inclusion of diverse voices and perspectives in the secular discourse, ensuring that the concerns and experiences of marginalized communities are acknowledged and addressed within the democratic framework.
    • Empowering the Marginalized Groups: It can empower marginalized groups by providing them with a platform to express their secular beliefs and practices, enabling them to participate more actively in the democratic process and shaping the political landscape.
    • Counterbalancing the Dominant powers: By offering an alternative to dominant religious and social hierarchies, subaltern secularism can serve as a counterbalance to forces that seek to marginalize or oppress certain communities based on religious or social identities.
    • Challenges to Existing Power Structures: Subaltern secularism challenges existing power structures by advocating for a more inclusive and equitable society, where the rights and voices of all individuals, especially those from marginalized backgrounds, are respected and protected.
    • Political Strategy and Mobilization: Embracing subaltern secularism as a political strategy can help opposition parties like the Indian National Congress mobilize subaltern voters who have been historically marginalized, thereby reshaping electoral dynamics and promoting a more inclusive democracy.

    Conclusion: For this strategy (social welfare) to succeed, the ‘secular subalterns’ will need to build robust political campaigns aligned to its new secular thinking, breaking away from its previous characteristic timidity.

  • Number of children has more to do with development than religion

    Why in the News? 

    Once again, the Muslim population has become a point of discussion. Last month, PM Narendra Modi referred Muslims in India, suggesting they have a higher birth rate.

    Trends of Muslim Population as per Data Point (NFHS-5 2019-21) published on April 23:

    • Population Trends: The Economic Advisory Council to the Prime Minister noted a Muslims in the total population increased by 43.15% between 1950 and 2015, the share of Hindus decreased by 7.82% between 1950 and 2015.
    • The fertility rate of Muslims was 2.36 in 2019-21, much closer to the replacement level. The fertility rate is the average number of children a woman is expected to have in her lifetime. A rate of 2.1 (the ‘replacement level’) means that the population is stable.

    Factors behind the High Population Growth of Muslims:

    • Socio-economic Factors: Socio-economic factors, rather than religion, significantly influence fertility rates. Educating girls, delaying marriage, promoting family planning awareness, and ensuring access to family planning measures are crucial in reducing fertility levels.
    • Regional Variations: Fertility rates among Muslim women vary regionally, influenced by the social and economic development of states.
    • Early Marriage and Literacy: There’s a positive correlation between higher fertility rates and early marriage among women aged 20-24. Conversely, a negative correlation exists between literacy rates among women and fertility rates.
    • Lack of Awareness: Lack of awareness about family planning remains a concern, with a significant portion of women reporting never hearing or seeing family planning messages.
    • Unmet Demand for Family Planning: Many women, particularly Muslims in certain states, have an unmet demand for family planning due to various factors, including lack of access to contraceptive measures.
    • Government Intervention: Increasing awareness about contraceptives, improving access to family planning measures, educating girls, and preventing child marriages are essential government functions to reduce fertility rates across religious groups.

    Need for Coercive Measures: 

    • Comprehensive Education and Awareness Programs: Implement educational campaigns that promote family planning, gender equality, and reproductive health awareness, targeting both men and women in communities across the country.
    • Access to Family Planning Services: Ensure easy access to a wide range of family planning methods and contraceptives, including in remote and underserved areas, through government health facilities and community outreach programs.

    Mains PYQ:

    Q Critically examine whether growing population is the cause of poverty OR poverty is the mains cause of population increase in India. (UPSC IAS/2015)

  • Hate Speech: Interpreting Section 153A IPC

    What is the news?

    • The Supreme Court reiterated that to constitute an offence under Section 153A of the Indian Penal Code (IPC), the essential ingredient is to create a sense of enmity and disharmony amongst two or more groups or communities.
    • Quite often, politicians are arrested under section 153 A of IPC for alleged hate speech.

    Section 153A of the Indian Penal Code (IPC)

    • Section 153A of the IPC deals with the offence of promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc.
    • The primary is to prevent the promotion of disharmony or feelings of enmity, hatred, or ill-will between different groups in society.
    • It was enacted in 1898 and was not in the original penal code.

    Prohibited Acts:

    The section prohibits several acts:

    1. Engaging in activities that promote or attempt to promote feelings of enmity or hatred between different religious, racial, linguistic, or regional groups.
    2. Committing acts prejudicial to the maintenance of harmony between different groups or communities.
    3. Doing anything that disturbs or disrupts public tranquillity or creates unrest among various groups.

    Essential Elements:

    To constitute an offence under Section 153A, the following essential elements must be established:

    1. Promotion of enmity or hatred between different groups.
    2. Such promotion must be based on religion, race, place of birth, residence, language, etc.
    3. The intention behind the act must be to disrupt public tranquillity or to create disharmony among groups.

    Punishment:

    • Jail Term: Any individual found guilty of committing an offence under Section 153A may be punished with imprisonment for a term which may extend to 3 years, or with a fine, or with both.
    • Cognizable and Non-Bailable: The offence is a cognizable offence and the punishment for the same may extend to three years, or with fine, or with both. Further, the offence is non-bailable in nature, wherein the accused is tried by the magistrate of the first class.
    • Burden of Proof: It lies with the prosecution to demonstrate that the accused’s words, actions, or conduct were aimed at promoting enmity or hatred between different groups based on the specified grounds.

    PYQ:

    2014: What do understand by the concept “freedom of speech and expression”? Does it cover hate speech also? Why do the films in India stand on a slightly different plane from other forms of expression? Discuss.

     

    2022: With reference to India, consider the following statements:

    1. When a prisoner makes out a sufficient case, parole cannot be denied to such prisoner because it becomes a matter of his/her right.
    2. State Governments have their own Prisoners Release on Parole Rules.

    Which of the statements given above is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2

     

    Practice MCQ:

    Q.The Section 153A of the Indian Penal Code (IPC) essentially deals with:

    1. Fake News
    2. Hate Speech
    3. Protest without permission
    4. Encroachment

  • Places of Worship Act and Ongoing Disputes: Explained

    Introduction

    • The Places of Worship (Special Provisions) Act, 1991, has once again come into focus due to ongoing civil suits challenging the religious character of mosques in Varanasi and Mathura.

    Enactment of the Places of Worship Act

    • Background: The Act was enacted in September 1991, during the Babri-Masjid Ram Janmabhoomi dispute, to address issues related to the status of places of worship.
    • Objectives: It aimed to freeze the religious character of places of worship as it existed on August 15, 1947, and prevent the conversion of places of worship from one denomination to another.

    Key Provisions of the Act

    • Continuity of Religious Character: The Act ensures that the religious character of a place of worship remains unchanged from its status on August 15, 1947.
    • Prohibition on Conversion: It prohibits the conversion of a place of worship of any religious denomination into one of a different denomination.
    • Abatement of Pending Cases: All pending legal proceedings regarding the conversion of a place of worship, initiated before August 15, 1947, would abate upon the Act coming into force, and no new proceedings can be initiated.

    Exceptions to the Rule

    • Ancient Monuments and Archaeological Sites: The Act does not apply to ancient and historical monuments and archaeological sites protected under the Ancient Monuments and Archaeological Sites and Remains Act, 1958.
    • Settled Disputes: It does not apply to suits that were already settled or disposed of or to conversions by acquiescence.

    Status of Ongoing Cases on the Gyanvapi Mosque

    • Current Litigation: Ongoing civil suits in Varanasi involve claims by Hindu worshippers asserting their right to worship deities within the Gyanvapi mosque premises.
    • Basis for Suits: The Hindu side claims that an old temple of Lord Vishweshwar existed at the center of the mosque compound, demolished by Emperor Aurangzeb in 1669.
    • Court Orders: Court orders have favored the position that these suits are not barred by the Places of Worship Act. The Archaeological Survey of India (ASI) conducted a survey that reported the existence of a temple before the mosque.

    Implications of the Act in the Mathura Dispute

    • Shahi Idgah Mosque: Civil suits in Mathura pertain to the Shahi Idgah mosque near the Krishna Janmabhoomi Temple, with claims that it was built over Lord Krishna’s birthplace.
    • Challenging Compromise: The suits challenge a compromise reached in 1968 between Sri Krishna Janmasthan Seva Sansthan and the Shahi Idgah Trust. The Allahabad High Court has transferred all Mathura dispute suits to itself.
    • Act’s Applicability: Court decisions have held that the Act does not bar these suits. In the Mathura dispute, the Act is not applicable as the compromise decree predates its enactment.

    Conclusion

    • The Places of Worship Act, enacted to freeze the status of places of worship, is facing challenges in ongoing disputes, particularly in Varanasi and Mathura.
    • Courts have ruled that the Act does not prohibit these suits, emphasizing the need for a case-by-case examination to determine religious character.
    • These developments underscore the complexities and legal interpretations surrounding the Act’s application in the context of evolving disputes.