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  • Archaeological Survey of India will ‘Delist’ some ‘Lost’ monuments. What’s happening, and why?

    Why in the news?

    Recently, the Archaeological Survey of India (ASI) has decided to delist 18 “centrally protected monuments” because according to them, they lag in National Importance.

     

    What does the “Delisting” of monuments mean?

    • Delisting means that the monument will no longer be protected, conserved, or maintained by the Archaeological Survey of India (ASI).  Once delisted, the restrictions on construction-related activities around the monument are lifted. 
    • Legal Mandate: Section 35 of the AMASR Act outlines the process for delisting monuments. It empowers the Central Government to declare, via official notification, that a monument no longer holds national importance, thereby removing its protected status.

    Delisted Monuments: Kos Minar No.13 at Mujessar village in Haryana, Barakhamba Cemetery in Delhi, Gunner Burkill’s tomb in Jhansi district, a cemetery at Gaughat in Lucknow, and the Telia Nala Buddhist ruins in Varanasi.

    Challenges for the Archaeological Survey of India due to “untraceable” monument:

      • Survival issue: Some monuments, especially smaller or lesser-known ones, have been lost over time due to various factors such as urbanization, encroachments, neglect, and construction activities like dams and reservoirs.  
    • Among the 50 missing monuments, 14 had been lost to rapid urbanization, 12 were submerged by reservoirs or dams, and the remaining 24 were untraceable. 
    • Difficulty in Locating Monuments:  This could be due to factors like inadequate documentation, lack of historical records, changes in the landscape, or complete disappearance of the structure.
    • Issue with Preservation and Conservation:  Without knowing the monument’s location, it cannot be regularly inspected, assessed for its condition, or protected from encroachments or other forms of damage.
      • Despite the recognized need for 7,000 security personnel, only 2,578 were deployed due to financial limitations.
    • Therefore, ASI faces challenges in fulfilling this responsibility effectively, especially when dealing with monuments that are untraceable due to historical neglect or lack of resources.

    How many historical monuments have been lost in this way?

    • According to the Ministry of Culture’s submission to the Parliamentary Standing Committee on Transport, Tourism, and Culture in December 2022, a total of 50 out of India’s 3,693 centrally protected monuments were missing.
    • In 2013, a report by the Comptroller and Auditor General (CAG) of India highlighted the issue of missing monuments. The report stated that at least 92 centrally protected monuments across the country were missing.  

    Conclusion: The ASI has decided to delist 18 centrally protected monuments that are deemed to have lost national importance. This delisting means these monuments will no longer receive protection or conservation from the ASI.

    Mains PYQs

    Q Safeguarding the Indian art heritage is the need of the moment. Comment  (UPSC IAS/2018)

     

     

  • Places in news: Afanasy Nikitin Seamount

    Why in the news?

    • India has applied to the International Seabed Authority (ISBA) for exploration rights in the Afanasy Nikitin (AN) Seamount in the Indian Ocean outside its jurisdiction.
    • India’s application is motivated by reports of Chinese vessels conducting reconnaissance in the same region, raising concerns about strategic interests and resource competition.

    About International Seabed Authority (ISBA)

     

    • The ISBA is an intergovernmental organization established under the United Nations Convention on the Law of the Sea (UNCLOS).
    • It was established in 1994 and headquartered in Kingston, Jamaica.
    • ISA is tasked with regulating mineral-related activities in the international seabed area beyond national jurisdiction, which includes polymetallic nodules, polymetallic sulphides, and cobalt-rich ferromanganese crusts.
    • The Authority issues exploration and exploitation contracts to countries and private entities for deep-sea mining activities, subject to certain regulations and environmental safeguards.
    • ISA comprises various organs, including the Assembly, the Council, the Legal and Technical Commission, and the Secretariat, each with specific functions related to deep-sea mining regulation.
    • According to Article 156(2) of the UNCLOS, all UNCLOS parties are members of ISBA.
    • As of 2023 has 169 members, including 168 member states and the European Union.
    • India became a member of the UNCLOS in 1994.

     

    About AN Seamount

    • The AN Seamount, located about 3,000 km from India’s coast, is a substantial structural feature in the Central Indian Ocean Basin.
    • A seamount is a large submarine landform that rises from the ocean floor without reaching the surface, and thus is not an island.
    • It is 400 km-long and 150 km-wide. From an oceanic depth of about 4,800 metres it rises to about 1,200 metres.
    • It was discovered during a marine research expedition, named after the Russian explorer Afanasy Nikitin.
    • It is renowned for its polymetallic nodules containing cobalt, nickel, manganese, and copper

    Continental Shelf Claims and Implications

    • Sri Lanka has applied for continental shelf claims up to 500 nautical miles beyond its Exclusive Economic Zone (EEZ), citing a special provision.
    • India, noting Chinese presence, has staked a claim for exploration rights to prevent future consequences.
    • India has also applied for permission to explore another region, spanning 3,00,000 square km, called the Carlsberg Ridge in the Central Indian Ocean to investigate for polymetallic sulphides, which are reportedly rich in copper, zinc, gold and silver.

    PYQ:

    2021: Consider the following statements:​

    1. The Global Ocean Commission grants licences for seabed exploration and mining in international waters.​
    2. India has received licences for seabed mineral exploration in international waters.​
    3. ‘Rare earth minerals’ are present on seafloor in international waters.​

    Which of the statements given above are correct?​

    a)    1 and 2 only ​

    b)    2 and 3 only​

    c)    1 and 3 only ​

    d)    1, 2 and 3​

     

    Practice MCQ:

    Consider the following statements about the International Seabed Authority (ISBA):

    1. ISBA is an intergovernmental organization established under the United Nations Convention on the Law of the Sea (UNCLOS).
    2. All UN members are naturally parties to the ISBA.

    Which of the given statements is/are correct?

    a)    Only 1

    b)    Only 2

    c)    Both 1 and 2

    d)    Neither 1 nor 2

  • Artform in news: Mohiniyattam Danceform

    Why in the news?

    The Kerala Kalamandalam, a deemed university for arts and culture, has unanimously lifted gender restrictions allowing boys for learning Mohiniyattam, a classical dance form.

    About Mohiniyattam

    Description
    Name Meaning Mohini – female enchantress avatar of Vishnu;

    Aattam – rhythmic motion or dance (Malayalam)
    Roots Natya Shastra, ancient Hindu Sanskrit text on performance arts
    Style Lasya Style – delicate, eros-filled, and feminine
    Performers Traditionally women, but men also perform in contemporary times
    Music Includes Carnatic music, singing, and enactment of plays through dance
    Language Manipravalam : a Malayalam-Sanskrit hybrid
    Posture Parted feet, gentle swaying of body, soft footwork synchronized with music beats
    Gestures Follow the classical text of Hastha Lakshanadeepika with elaborate mudras (hand gestures)
    Costumes Plain white or off-white sarees with golden brocade, pleated sheets for freedom of movement, adorned with jewellery
    Accessories Jewellery on fingers, wrists, neck, and ears, ankle bells (for female performers), dhotis and similar accessories (for male performers)
    Makeup Natural with brilliant red lips, tikka (Gobi) on forehead, lined eyes
    Music Various rhythms and compositions in Manipravalam, accompanied by instruments like Mridangam, Idakka, flute, Veena, and Kuzhitalam
    Ragas Rendered in the Sopana Style, a slow melodic style rooted in the Natya Shastra

     

     

    PYQ:

    2012: How do you distinguish between Kuchipudi and Bharatanatyam dances?

    1. Dancers occasionally speaking dialogues is found in Kuchipudi dance but not in Bharatanatyam.
    2. Dancing on the brass plate by keeping the feet on its edges is a feature of Bharatanatyam but Kuchipudi dance does not have such a form of movements.

    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:

    Which of the following statements about Mohiniyattam is not true?

    1. Mohiniyattam derives its name from “Mohini,” the female enchantress avatar of Vishnu, and “Aattam,” meaning rhythmic motion or dance in Malayalam.
    2. Its roots can be traced back to the Natya Shastra, an ancient Hindu Sanskrit text on performance arts.
    3. Mohiniyattam is characterized by the Tandava style, known for its vigorous movements.
    4. Performances of Mohiniyattam typically include enactment of plays through dance, accompanied by singing and Carnatic music.

  • Monuments of National Importance (MNI) and their Listing/De-Listing

    Why in the news?

    • The Archaeological Survey of India (ASI) has decided to remove 18 “centrally protected monuments” from its list of Monuments of National Importance (MNI), citing a lack of national significance.
    • ASI currently has 3,693 monuments under its purview, which will fall to 3,675 once the current delisting exercise is completed in the next few weeks.

    What are Monuments of National Importance (MNI)?

    • MNI in India are legally protected under the Ancient Monuments and Archaeological Sites and Remains (AMASR) Act, 1958.
    • This act empowers the Centre to declare certain monuments as MNIs through official notifications published in the Gazette of India.
    • It mandates the protection, preservation, and maintenance of MNIs to ensure their integrity and authenticity for future generations.
    • The Act empowers the central government to appoint authorities, such as the Archaeological Survey of India (ASI), to oversee the protection and management of MNIs.

    Key Features of MNI Protection

    • Prohibited Activities: The Act prohibits certain activities within the precincts of MNIs, such as construction, excavation, and removal of artifacts, without prior permission from the relevant authorities.
    • Designated Zones: Within a 100-meter radius of the monument, construction activities are prohibited to prevent encroachment and damage. An additional 200-meter radius (100 + 200 meters) constitutes a regulated area where construction is subject to specific regulations to maintain the monument’s integrity and surroundings.
    • Maintenance of Records: The Act requires the maintenance of records and registers documenting the history, conservation, and management of MNIs.

    Understanding Monument Delisting

    • Once delisted, monuments are no longer subject to ASI conservation efforts, allowing for regular construction activities in the vicinity.
    • Section 35 of the AMASR Act allows for the delisting of monuments deemed to have lost national importance.
    • The delisting process involves official notifications, with a two-month public feedback period to address objections or suggestions.

     

    PYQ:

    2015: With reference to art and archaeological history of India, which one among the following was made earliest?

    1. Lingaraja Temple at Bhubaneswar
    2. Rock-cut Elephant at Dhauli
    3. Rock-cut Monuments at Mahabalipuram
    4. Varaha Image at Udayagiri

     

    Practice MCQ:

    The Archaeological Survey of India (ASI) has decided to remove 18 “centrally protected monuments”. This essentially implies:

    1. The site will no longer be conserved, protected, and maintained by the ASI.
    2. Activities related to construction and urbanisation in the area can be carried out in a regular manner.

    Which of the given statements is/are correct?

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

  • 900-year-old Chalukyan Inscription discovered  

    What is the news?

    A 900-year-old Kannada inscription from the Kalyana Chalukya dynasty has been discovered in a state of neglect at Gangapuram, a temple town in Jadcherla mandal, Mahabubnagar, Telangana.

    • The inscription dates back to June 8, 1134 CE (Friday) and was issued by the Customs Officers of Tailapa-III, son of Kalyana Chalukya Emperor ‘Bhulokamalla’ Someswara-III.
    • It records the remission of toll taxes for the perpetual lamp and incense of God Somanatha.

    Who were the Chalukyas?

    Origin and Expansion:

    • The Chalukyas emerged as a prominent dynasty in the 6th century CE, with their capital at Badami in present-day Karnataka.
    • Pulakeshin I, the founder of the dynasty, ascended to the throne around 543 CE and expanded the empire by defeating the Kadambas, Mauryas, and other neighboring kingdoms.
    • Pulakeshin II, one of the most illustrious rulers of the Chalukyan Empire, ascended the throne in 610 CE and significantly expanded its territory through military conquests and diplomatic alliances.
    • The empire reached its zenith under Pulakeshin II, extending its influence over large parts of Southern and Central India, including present-day Karnataka, Maharashtra, Gujarat, and Andhra Pradesh.

    Dynastic Divisions:

    • The Chalukyan Empire witnessed the emergence of multiple dynastic branches, including the Badami Chalukyas, Western Chalukyas (also known as the Later Chalukyas), and Eastern Chalukyas (also known as the Chalukyas of Vengi).
    1. Badami Chalukyas ruled from their capital at Badami and were known for their contributions to art, architecture, and literature.
    2. Western Chalukyas, based in Kalyani (present-day Basavakalyan), continued the legacy of their predecessors and established their dominance over parts of present-day Karnataka and Maharashtra.
    3. Eastern Chalukyas, based in Vengi (present-day Andhra Pradesh), carved out their own kingdom and played a crucial role in the political dynamics of South India.

    Religion and Faith:

    • The Chalukyas were patrons of art, literature, and architecture, fostering a rich cultural environment within their empire.
    • They promoted Hinduism as the dominant religion and contributed to the construction of numerous temples dedicated to Hindu deities, including the famous Virupaksha Temple at Pattadakal.
    • The Chalukyas also patronized Jainism and Buddhism, leading to the construction of Jain caves and monasteries in regions under their control.

    Decline and Legacy:

    • The Chalukyan Empire faced internal conflicts, dynastic rivalries, and external invasions, leading to its gradual decline from the 12th century onwards.
    • The defeat of Vikramaditya VI by the Cholas in the 12th century marked the end of the Western Chalukya dynasty, while the Eastern Chalukyas continued to rule in Vengi until the 13th century.

    Administration:

    • The empire was divided into administrative units known as ‘Rashtras or Mandalas’, each governed by a local administrative officer known as a ‘Mandaleshwara’.
    • At the higher levels of administration, provincial governors known as ‘Rashtrakutas’ were appointed to oversee multiple mandalas and report directly to the king.
    • Revenue administration played a crucial role in sustaining the empire, with land revenue being the primary source of income. The empire maintained a sophisticated system of land measurement and taxation to ensure a steady flow of revenue.

    Arts and Culture:

    • Sculpture flourished under the patronage of the Chalukya rulers, with exquisite examples of stone carvings adorning temple complexes and royal monuments.
    • The famous Nataraja sculpture at Pattadakal, depicting Lord Shiva in his cosmic dance pose, is a masterpiece of Chalukyan art.
    • Pampa, a court poet of the Chalukyas, composed the epic poem “Vikramarjuna Vijaya” (also known as “Pampa Bharata” or “Pampa Ramayana”) in Kannada, narrating the story of the Mahabharata from the perspective of Arjuna.
    • The Chalukyan era witnessed the development of classical dance forms like Bharatanatyam, as evidenced by sculptures found in temples such as the Mallikarjuna Temple at Pattadakal.
    • Ranna, a prominent Kannada poet of the Chalukyan period, composed the “Ajita Tirthankara Purana,” an epic poem celebrating the lives of the Jain Tirthankaras.

    Architecture:

    • Chalukyan temples are architectural marvels, characterized by their distinctive Dravidian and Nagara styles collectively called the ‘Gadag Style’ .
    • The Virupaksha Temple at Pattadakal, built by the Chalukyan king Vikramaditya II in the 8th century, is a UNESCO World Heritage Site renowned for its intricate carvings and towering gopurams (entrance gateways).
    • Similarly, the Durga Temple at Aihole, dating back to the 7th century, showcases exemplary Chalukyan architecture with its ornate pillars and sculpted panels depicting Hindu deities and mythological scenes.

     

    PYQ:

    2019: Building ‘Kalyaana Mandapas’ was a notable feature in the temple construction in the kingdom of

    1. Chalukya
    2. Chandela
    3. Rashtrakuta
    4. Vijayanagara

     

    Practice MCQ:

    The ‘Gadag Style’ of Temple Architecture is associated with which of the following dynasties?

    1. Chalukya
    2. Kakatiya
    3. Rashtrakuta
    4. Kadamba

  • Subduction Zone discovered beneath Gibraltar Strait

    What is the news?

    • Scientists in Portugal have uncovered a concerning revelation about the fate of the Atlantic Ocean, highlighting a potential ‘Ring of Fire’ (a Subduction Zone).
    • Researchers caution that the Atlantic may be on the brink of closure due to subduction activity.

    Why discuss this?

     

    • Closure of Gibraltar Strait: Computer simulations project the subduction zone’s expansion over the next 20 million years, forming the ‘Ring of Fire’ in the Atlantic leading to the closure of Gibraltar Strait.
    • Geological Parallel: This process mirrors the Pacific Ocean’s Ring of Fire, reshaping the ocean basin through gradual subduction of the ocean floor beneath continents.

     

    About Gibraltar Strait

    Details
    Location
    • Connects the Atlantic Ocean to the Mediterranean Sea;
    • Separating the southern tip of the Iberian Peninsula of Europe from the northern coast of Africa.
    Width Approximately 13 km (8.1 miles) at its narrowest point.
    Depth Varies, with the deepest point reaching around 300 meters (984 feet).
    Formation
    • Convergence point for the Eurasian Plate and the African Plate.
    • Formed around 5.33 million years ago during the Messinian salinity crisis when the Atlantic Ocean breached the barrier separating it from the Mediterranean Sea, resulting in a catastrophic flood known as the Zanclean flood.
    • The strait’s current shape and depth were further influenced by tectonic movements and erosional processes over geological time.
    Historical Significance Serves as a key maritime passage for trade and military purposes.
    Disputes
    • Subject of contention between Spain and the United Kingdom;
    • Gibraltar Overseas Territory under British control.

     

    What are Subduction Zones?

    • Subduction zones occur at convergent plate boundaries, where two tectonic plates move toward each other.
    • This convergence is often between an oceanic plate and a continental plate or between two oceanic plates.
    • Subduction Process:
    1. Collision of Tectonic Plates: When two tectonic plates collide, the denser oceanic plate is forced beneath the less dense continental plate or another oceanic plate.
    2. Partial Melting: As the oceanic plate descends into the mantle, it generates intense heat and pressure, causing partial melting of the mantle material.
    3. Volcanic Activity: The molten material formed by the subduction process rises through the Earth’s crust, leading to volcanic eruptions at the surface.
    4. Formation of Volcanic Arcs: These eruptions often occur in chains known as volcanic arcs, which parallel the subduction zone. Ex. Andes in S. America; Cascade Range in North America.

    Implications of this Activity

    • Earthquakes: Subduction zone earthquakes can be particularly destructive and may trigger tsunamis due to the displacement of large volumes of water.
    • Trench Formation: The surface expression of a subduction zone is often a deep oceanic trench, where the descending plate bends and plunges into the mantle.
    • Mountain Building: Over time, the continuous subduction of oceanic crust can lead to the uplift and deformation of the overriding plate, resulting in the formation of mountain ranges adjacent to the subduction zone. These mountains may exhibit complex geological structures, including folds and faults.
    • Recycling of Oceanic Crust: As oceanic plates are subducted, they are gradually consumed by the mantle, releasing minerals and elements that are eventually returned to the surface through volcanic activity.

    PYQ:

    2010: Which one of the following can one come across if one travels through the Strait of Malacca?

    1. Bali
    2. Brunei
    3. Java
    4. Singapore

     

    2011: Between India and East Asia, the navigation time and distance can be greatly reduced by which of the following?

    1. Deepening the Malacca straits between Malaysia and Indonesia.
    2. Opening a new canal across the Kra Isthmus between the Gulf of Siam and Andaman sea.

    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:

    Which of the given statement about the Gibraltar Strait is NOT correct?

    1. It connects the Atlantic Ocean to the Mediterranean Sea.
    2. It is approximately 13 kilometers wide at its narrowest point.
    3. The deepest point of the Gibraltar Strait reaches around 300 meters.
    4. It was formed around 5.33 million years ago during the Holocene Epoch due to tectonic movements.

  • What are Critical Minerals?

    Why in the news?

    • India is looking for cobalt and other critical minerals in Zambia, Namibia, Congo, Ghana and Mozambique. It is still engaging with Australia for lithium blocks.
    • Critical minerals, including lithium and cobalt, are crucial for technology, manufacturing and other industries.

    What are Critical Minerals?

    • Critical minerals are elements that are crucial to modern-day technologies and are at risk of supply chain disruptions.
    • These minerals are mostly used in making electronic equipment such as mobile phones, computers, batteries, electric vehicles, and green technologies like solar panels and wind turbines.
    • Many of these are required to meet the manufacturing needs of green technologies, high-tech equipment, aviation, and national defence.

    List of critical minerals includes:

    The centre has released a list of 30 critical minerals for India in 2023:

    1. Identified Minerals: Antimony, Beryllium, Bismuth, Cobalt, Copper, Gallium, Germanium, Graphite, Hafnium, Indium, Lithium, Molybdenum, Niobium, Nickel, Platinum Group elements (PGE), Phosphorous, Potash, Rare Earth Elements (REE), Rhenium, Silicon, Strontium, Tantalum, Tellurium, Tin, Titanium, Tungsten, Vanadium, Zirconium, Selenium and Cadmium.
    2. Fertilizer Minerals: Two minerals critical for fertilizer production, phosphorous and potash, are also included in the above list.

    Critical Mineral Blocks in India

    • Distribution: There are 20 blocks spread across eight states, including Tamil Nadu, Odisha, Bihar, Uttar Pradesh, Gujarat, Jharkhand, Chhattisgarh, and Jammu & Kashmir.
    • Types of Licenses: Four blocks are for a Mining License (ML), allowing immediate mining post-clearance. The remaining 16 blocks are for a Composite License (CL), permitting further exploration before potentially converting to an ML.
    • Approvals Required: Licensees must obtain various approvals, including forest clearance and environmental clearance.
    • Forest Land: Approximately 17% of the total concession area, or 1,234 hectares, is forest land.

    India’s Critical Mineral Imports

    • Lithium Imports: In FY23, India imported 2,145 tonnes of lithium carbonate and lithium oxide, costing Rs 732 crore.
    • Nickel and Copper Imports: The country imported 32,000 tonnes of unwrought nickel and 1.2 million tonnes of copper ore, costing Rs 6,549 crore and Rs 27,374 crore, respectively.
    • Import Dependence: India relies entirely on imports for lithium and nickel, and 93% for copper.

    Country-wise dependence:

    1. China: India heavily relies on China for the import of critical minerals like lithium, cobalt, nickel, and graphite.
    2. Australia: India is actively engaged with Australia for acquiring mineral assets, particularly lithium and cobalt, to secure its supply chain for critical minerals.
    3. Argentina, Bolivia, and Chile: India is engaging with these countries, known for their reserves of battery metals like lithium and cobalt, to diversify its sources for critical minerals.

     

    PYQ:

    2019: With reference to the management of minor minerals in India, consider the following statements:

    1. Sand is a ‘minor mineral’ according to the prevailing law in the country.
    2. State governments have the power to grant mining leases of minor minerals, but the powers regarding the formation of rules related to the grant of minor minerals lie with the Central Government.
    3. State Governments have the power to frame rules to prevent illegal mining of minor minerals.

    Which of the statements given above is/are correct?

    1. 1 and 3
    2. 2 and 3
    3. 3 only
    4. 1, 2 and 3

     

    Practice MCQ:

    Consider the following statements:

    1. Critical minerals are those elements which are crucial to modern-day technologies and are at risk of supply chain disruptions.
    2. India has notified 30 elements in the Critical Minerals List.
    3. Fertilizer minerals Phosphorous and potash are also included in the Critical Minerals List.

    How many of the given statements is/are correct?

    1. One
    2. Two
    3. Three
    4. None

  • 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

  • Story of Usha Mehta and the Secret Congress Radio

    Why in the news?

    Who was Usha Mehta (1920-2000)?

    • Usha Mehta was born on March 25, 1920, in Mumbai, India.
    • Inspired by Mahatma Gandhi’s principles of nonviolent resistance and civil disobedience, Usha Mehta became actively involved in the Indian independence movement from a young age.
    • One of Usha Mehta’s most notable contributions to the freedom struggle was her involvement in the radio broadcasting network known as the “Secret Congress Radio.”
    • She was conferred the Padma Vibhushan, one of India’s highest civilian honours in 1998.

    The Secret ‘Congress Radio’

    • On August 8, 1942, the historic Quit India Resolution was passed during the All India Congress Committee meeting in Bombay.
    • In this response, the idea of an underground radio station, known by various names such as the Freedom Radio, the Ghost Radio, or the Congress Radio, was conceived to counter the British-controlled AIR.
    • Usha Mehta, a 22 YO master’s student at Wilson College, became the voice of the Congress Radio.
    • The radio was an expensive endeavour, but funds were procured through various means, including contributions from Mehta’s colleague, Babubhai Khakhar.
    • Radio engineering expert Nariman Abarbad Printer constructed the Congress Radio transmission set.
    • Their first broadcast was on 14 August 1942.
    • Welcome line in her voice: “This is the Congress Radio calling on 42.34 from somewhere in India.”
    • In the beginning, they were broadcasting twice a day, in Hindi and English. But they reduced it to just once in the evening between 30 and 8.30 pm.
    • On 12th November 1942, the police raided the radio while Vande Mataram was being played and arrested Mehta and others.

    PYQ:

    2011: With reference to Indian freedom struggle, Usha Mehta is well-known for-

    1. Running the secret Congress Radio in the wake of Quit India Movement
    2. Participating in the Second Round Table Conference
    3. Leading a contingent of Indian National Army
    4. Assisting in the formation of Interim Government under Pandit Jawaharlal Nehru

     

    2021: With reference to 8th August, 1942 in Indian history, which one of the following statements is correct?

    1. The Quit India Resolution was adopted by the AICC.
    2. The Viceroy’s Executive Council was expanded to include more Indians.
    3. The Congress ministries resigned in seven provinces.
    4. Cripps proposed an Indian Union with full Dominion Status once the Second World War was over

    Practice MCQ:

    In context to the Secret ‘Congress Radio’ in modern Indian history, consider the following statements:

    1. It was established to supplement the Civil Disobedience Movement of 1930s.
    2. Usha Mehta was the voice of Congress Radio.
    3. It was broadcasted twice a day, in Hindi and English

    How many of the given statements is/are correct?

    1. One
    2. Two
    3. Three
    4. None

  • No Counseling to LGBTQ+ Persons against their Own Identity: Supreme Court

    Why in the news-

    • The Supreme Court issued a cautionary directive to judges regarding court-ordered counselling for LGBTQ+ individuals, emphasizing the need to respect their identity and sexual orientation.

    Context

     

    • Petition: The verdict stemmed from a habeas corpus petition filed by a Kerala-based woman seeking the whereabouts of her same-sex partner, highlighting the challenges faced by LGBTQ+ individuals in asserting their rights.
    • Coercion Concerns: Concerns were raised about court-ordered counselling potentially being used to coerce individuals against their sexual orientation or chosen partners, prompting the Supreme Court to address these apprehensions.

     

    Counselling to LGBTQ+ Persons: 

    [A] Guidelines and Observations

    • Avoiding Identity Suppression: Judges were cautioned against using counselling as a tool to coerce individuals into rejecting their LGBTQ+ identity or relationships, particularly when they are in distress or facing familial separation.
    • Upholding Constitutional Values: CJI underscored the importance of upholding constitutional values, urging judges to refrain from imposing their personal biases or societal prejudices during legal proceedings.
    • Empathy and Compassion: The verdict emphasized that judges must demonstrate sincere empathy and compassion towards LGBTQ+ individuals, ensuring that the principles of justice and equality guide legal decisions.

    [B] Guidelines for Courts

    • Embracing Diversity: Courts were directed to eschew social morality influenced by homophobic or transphobic views, prioritizing the protection of individual rights and freedoms.
    • Respecting Chosen Families: Acknowledging the significance of chosen families for LGBTQ+ individuals, the court highlighted the need to recognize and respect these relationships, especially in cases involving familial rejection or violence.

    LGBTQ+ Persons (Sexual Minority) Rights in India: An Overview

    • Decriminalization of Homosexuality: A watershed moment occurred on September 6, 2018, when the Supreme Court of India partially struck down Section 377 of the Indian Penal Code, which criminalized consensual same-sex relationships. This historic decision marked a crucial step towards recognizing the dignity and autonomy of LGBTQ+ individuals.
    • Recognition of Transgender Rights: In 2014, the Supreme Court recognized transgender individuals as the third gender and affirmed their fundamental rights under the Constitution in the landmark case of National Legal Services Authority v. Union of India (2014). This judgment laid the foundation for legal recognition and protection of transgender rights in India.

    Several key legal cases and judgments have shaped the evolution of LGBTQ rights in India:

    1. Naz Foundation Govt. v. NCT of Delhi (2009): The Delhi High Court ruled that Section 377 of the IPC violated fundamental rights guaranteed under the Indian Constitution, including privacy and equality. This judgment was a crucial step forward in recognizing the rights of LGBTQ individuals.
    2. Suresh Kumar Koushal vs Naz Foundation (2013): The Supreme Court overturned the Delhi High Court’s judgment, recriminalizing homosexuality. This decision was met with widespread criticism and sparked renewed activism for LGBTQ rights in India.
    3. National Legal Services Authority v. Union of India (2014): This landmark judgment recognized transgender individuals as the third gender and affirmed their fundamental rights under the Constitution. It laid the groundwork for ensuring equality and non-discrimination for the transgender community.
    4. K.S. Puttaswamy v Union of India (2017): This case affirmed the right to privacy as a fundamental right under the Indian Constitution. The judgment recognized that discrimination based on sexual orientation is unconstitutional and emphasized the dignity and autonomy of individuals.
    5. Navtej Singh Johar v. Union of India (2018): The Supreme Court decriminalized homosexuality and struck down Section 377 of the IPC. The court recognized the rights of LGBTQ individuals to intimacy, autonomy, and identity, setting a precedent for equality and non-discrimination.

    Future Prospects 

    [A] Extension of ART (Assisted Reproductive Technology) Rights  

    • The Assisted Reproductive Technology (ART) Rights bill, as currently formulated, does not adequately extend to LGBTQ+ persons due to several factors:
    1. Definition of Commissioning Couple: It restricts access to ART services to “infertile married couples,” excluding same-sex couples and individuals in same-sex relationships.
    2. Requirement of Legal Marriage: Since same-sex marriage isn’t recognized in India, LGBTQ+ couples are automatically excluded from accessing ART services.
    3. Narrow Definition of Infertility: The bill’s definition overlooks the unique reproductive challenges faced by LGBTQ+ individuals and couples.
    4. Gender-Binary Language and Restrictions: Gender-binary language and restrictions exclude transgender and gender non-conforming individuals from accessing ART services.
    5. Lack of Recognition of Diverse Identities: The bill fails to accommodate the diverse identities within the LGBTQ+ community, neglecting their specific needs and concerns regarding assisted reproduction.

    [B] Child Adoption 

    • National Commission for Protection of Child Rights (NCPCR): It had opposed the adoption rights of same-sex couples.
    • Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act): It allows heterosexual married couples, and single and divorced persons to adopt.
    • Hindu Adoption and Maintenance Act, 1956 (HAMA): It permits any male or female Hindu of sound mind to adopt, and for couples to adopt with the consent of their spouse.
    • Central Adoption Resource Authority (CARA): It permits applications from adoptive parents in live-in relationships, which it examines on a case-to-case basis.

    However, in October 2023 the Supreme Court ruled that Regulation 5(3) of the CARA Regulations, insofar as it prohibited unmarried and queer couples from adopting, violated Article 15 of the Constitution.

    While India’s Supreme Court declined to legalise same-sex marriage and did not explicitly grant gay couples adoption rights.

     

    PYQ:

    2020: Customs and traditions suppress reason leading to obscurantism. Do you agree?

     

    Practice MCQ:

    Section 377 of the Indian Penal Code which sought to decriminalize homosexuality was struck down in the landmark case of-

    1. Navtej Singh Johar v. Union of India
    2. Naz Foundation Govt. v. NCT of Delhi
    3. Suresh Kumar Koushal vs Naz Foundation
    4. None of these