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  • [31st August 2024] The Hindu Op-ed: The collapse of categories and post-individualism

    [31st August 2024] The Hindu Op-ed: The collapse of categories and post-individualism

    PYQ Relevance:
    Mains
    Q An athlete participates in Olympics for personal triumph and nation’s glory; victors are showered with cash incentives by various agencies, on their return. Discuss the merit of state sponsored talent hunt and its cultivation as against the rationale of a reward mechanism as encouragement. (UPSC IAS/2014)

    Prelims:
    Consider the following statements in respect of the 32nd Summer Olympics:​(UPSC IAS/2021)
    1. The official motto for this Olympics is ‘A New World’.​
    2. Sports climbing, Surfing, Skateboarding, Karate, and Baseball are included in this Olympics.​
    Which of the above statements is/are correct?​
    a) 1 only ​
    b) 2 only​
    c) Both 1 and 2 ​
    d) Neither 1 nor 2​

    Mentor comment: The concept of categories (like citizenship, crime, and gender) is increasingly seen as fluid, leading to conflicts and challenges in governance. Modernity promotes individualism, viewing traditional social norms and communities as outdated, which can lead to fragmentation in society.

    Historically, sex was seen as a clear binary (male and female), but emerging views suggest that gender is a personal choice, complicating traditional beliefs. Some argue that while biological sex is often viewed as fixed, the idea of gender as a choice is gaining traction, challenging long-held views. In today’s editorial the recent events, like controversies in sports regarding gender identity, illustrate the complexities and challenges of categorizing individuals based on sex and gender.

    Let’s learn!

    __

    Why in the News?

    The 2024 Paris Olympics has exposed the complexities in categorizing athletes based on sex and gender, with rigid weight classes contrasting with the fluidity and personal choice aspects of gender identity.

    •  This debate has become a source of significant social and political tension in the USA.
    What are the complexities and controversies surrounding categorization?

    • Indian wrestler Vinesh Phogat was disqualified for being 100 grams overweight for her category, demonstrating the rigidity of weight categories.
    • Algerian boxer Imane Khelif’s sex was questioned after winning gold. The International Boxing Association (IBA) had previously disqualified her for failing a confidential sex test, though the Paris Olympics organizers accepted her passport identifying her as a woman.

    Other fluidity of categories:

    The fluidity of categories has historically posed a governance challenge, leading to conflicts and wars over definitions of citizenship, crime, and legitimate politics.

    • Contemporary Issues: Current debates include the ethnic identity of Kamala Harris and the categorization of Scheduled Caste and Scheduled Tribes for social justice.
    • Modern Individualism: Modernity promotes individualism, viewing traditional communities as regressive, and emphasizing individuals as the primary units in politics and society.
    • Impact of Gender Perception: Historically, male and female categories were widely accepted across various fields.
      • The increasing view of sex as a matter of personal choice, influenced by gender perception, challenges traditional understandings and creates societal tensions.

    The Modern Discourse on Gender Identity:

    • Contentious Issues Debate: According to the Canadian Institutes of Health Research, sex is usually categorized as female or male, while gender exists along a continuum and can change over time. In short, sex is what one is, and gender is what one feels.
      • This debate raises questions about consent age, public school involvement, and healthcare facilitation, especially in the U.S. political landscape.
    • Transition and Liberalism’s Issue: Gender-affirming transitions challenge the old belief that feelings should adjust to biological facts. Now, the idea is that our bodies should change to match how we feel inside.
      • Transitioning doesn’t erase the idea of being male or female; instead, it aims to align the body with one of these identities.
      • The idea of letting people define their own identities creates a conflict within liberal values, which can lead to confusion and division in society.

    Conclusion:

    The collapse of rigid traditional categories, particularly in gender and identity, reflects broader societal changes and tensions between individualism and traditional norms.

  •  Pacific Islands Forum back joint police plan, maintain ties with Taiwan 

    Why in the News?

    Pacific leaders endorsed a significant joint policing initiative and rejected attempts by China’s allies to marginalize Taiwan in the Pacific Islands Forum (PIF), held in Tonga.

                  (Note: India and Taiwan are not a member countries.)

    Why are the countries sticking to Taiwan despite the pressure?

    • Reaffirmation of Taiwan’s Status: The Pacific Islands Forum (PIF) leaders reaffirmed Taiwan’s participation as a “development partner,” despite efforts from China and the Solomon Islands to sideline Taiwan. 
      • Countries emphasize the importance of maintaining existing agreements from 1992 that recognize Taiwan’s role in the forum.
    • Support from Allies: Countries like New Zealand and the United States expressed support for Taiwan’s inclusion in the PIF, highlighting that any decision regarding the exclusion of parties should be made through consensus.
    • Resistance to Chinese Influence: Many nations recognize the strategic importance of Taiwan and its contributions against China’s increasing influence, leading them to uphold its involvement.

    Significance of Taiwan for India: 

    • Strategic Balance in the Indo-Pacific: Taiwan is a crucial player in the Indo-Pacific region, and  India’s engagement with Taiwan serves as a counterbalance to China.
    • Economic and Technological Cooperation: Taiwan is a global leader in semiconductor manufacturing and advanced technology, areas where India seeks to enhance its capabilities.
    • People-to-People Ties and Education: Taiwan offers significant opportunities for Indian students and professionals in education and skill development.
      • For example, in 2018, the number of Indian students enrolled in Taiwanese universities reached 2,398, marking a 56% increase from the previous year.
    • Diversifying Supply Chains: In the wake of global disruptions due to COVID-19, India aims to diversify its supply chains. Taiwan’s expertise in manufacturing and electronics presents opportunities for India to reduce its dependence on other countries, particularly China, for critical components and technology.

    What did the forum say on the Climate cash and French press?

    • Climate Finance Initiatives: The forum committed to organizing a “global pledging event” to raise funds for climate initiatives, with a goal of $500 million.
      • This decision was supported by UN Secretary-General Antonio Guterres, who emphasized the urgent need for climate finance in the Pacific, which is disproportionately affected by rising sea levels.
      • Although not officially on the agenda, deep-sea mining generated significant discussion among forum members. A company backed by Nauru plans to scale up ocean mining operations, while other members, like Palau, called for a moratorium due to environmental concerns. 
    • Concerns Over French Governance: The French government faced criticism during the forum for its handling of unrest in New Caledonia. A Pacific delegation is expected to conduct a fact-finding mission there, indicating ongoing tensions regarding French governance in the region and the need for improved oversight.

    Conclusion: India should enhance diplomatic and economic ties with Taiwan by establishing formal mechanisms for regular dialogue and collaboration in areas such as technology, trade, education, and healthcare. This will reinforce strategic partnerships while respecting the “One China” policy framework. 

  •  A game plan for India’s success as 2036 Olympic host 

    Why in the News?

    During his Independence Day address from the Red Fort this August, Prime Minister Narendra Modi announced India’s aspiration to host the 2036 Olympic Games, stating that preparations are already underway to realize this dream.

    Issue of Sports Infrastructure in Some States:

    • Limited Olympic-Standard Facilities: Currently, only about 10.4% of India’s mapped sports infrastructure meets Olympic standards. This includes only 1,645 completed facilities out of 15,822 across the country.
    • State-Level Disparities: Tamil Nadu leads with nearly 390 Olympic-standard facilities, followed by Delhi with 161 and Odisha with 153. This highlights a significant disparity in sports infrastructure across different states. 
      • The Gujarat government has earmarked Rs 6,000 crore for developing sports complexes in Ahmedabad.

    Potential in the present state of Infrastructure:

    • Current Infrastructure Landscape: India’s sports infrastructure is still developing, with significant investments needed to meet international standards.
      • The Khelo India Scheme, launched in 2017, aims to enhance sports infrastructure and promote talent development, focusing on grassroots improvements.
    • Future Developments: Plans are underway to upgrade existing facilities and build new ones, particularly in states like Tamil Nadu and Gujarat, which have shown commitment to developing world-class sports venues.
    • Leveraging Existing Facilities: By utilizing existing sports infrastructure in states like Tamil Nadu, Delhi, and Odisha, India can advance a cost-efficient and eco-friendly bid for the Olympics. This strategy involves repurposing venues for public use post-games, ensuring lasting benefits.

    Need for Collaborative Approach:

    • Multi-Stakeholder Involvement: A successful bid will require collaboration among various stakeholders, including state governments, sports associations, and the central government. A multi-stakeholder committee is essential to ensure that all voices are heard and that the bid reflects the country’s potential.
    • Building Consensus: The bid’s success hinges on building consensus both within India and with international stakeholders. This involves strategic planning and cooperation across political and territorial lines to present a unified front.

    Significance for India: 

    • Catalyst for Sports Development: Hosting the 2036 Olympics would necessitate significant investments in sports infrastructure across India. This would not only enhance existing facilities but also promote grassroots sports development through initiatives like the Khelo India Scheme.
    • Economic and Tourism Boost: The event is expected to generate substantial economic benefits, including job creation and increased tourism. The influx of international visitors and media attention would provide a platform to showcase India’s cultural heritage.
    • National Pride and Unity: The successful hosting of the Olympics would serve as a symbol of national achievement, fostering unity and pride among citizens.

    Conclusion: India should prioritize the expansion and upgradation of sports infrastructure across all states, focusing on creating new Olympic-standard facilities while enhancing existing ones. Leveraging the Khelo India Scheme, investments should be directed towards grassroots development to ensure widespread access to quality sports venues.

  • The term of the 22nd Law Commission ends

    Why in the News?

    The term of the 22nd Law Commission has ended, with its key report on the Uniform Civil Code still in progress.

    About the Law Commission of India:

    Details
    Nature Non-statutory body periodically constituted by the Government of India. It is an Executive Body.
    Establishment • First Commission During British India: Established in 1834 under the Charter Act of 1833, chaired by Lord Macaulay, Focused on the codification of laws like the Penal Code and Criminal Procedure Code.
    • First Commission in Independent India: Established in 1955, chaired by M. C. Setalvad, then Attorney-General of India.
    Primary Role Advises the Ministry of Law and Justice on legal reform and reviews existing laws to suggest improvements and draft new legislation.

    Recommendations are advisory and NOT binding on the government.
    Composition Headed by a Chairperson (usually a retired Supreme Court Judge or Chief Justice of a High Court),

    4 full-time members (including a Member-Secretary), ex-officio members (Secretaries of the Departments of Legal Affairs and Legislative Department), and

    Up to 5 part-time members.
    Tenure 3 years, with provisions for reconstitution or extension as required by the government.
    Key Functions • Undertakes legal research.
    • Review existing laws for reforms.
    • Recommends repeal of obsolete laws.
    • Suggest amendments and new legislations.
    • Examines laws that affect the poor and marginalized.
    Notable Recommendations by 22nd law Commission • Uniform Civil Code.
    • Amendments to the sedition law.
    • Repeal of obsolete laws.
    • Gender equality in personal laws.
    • Improvements in judicial administration.
    Reports Submitted Over 277 reports on various legal issues including the implementation of international conventions, compulsory registration of marriages, etc.
    Recent Activity The 22nd Law Commission is focusing on issues like the Uniform Civil Code and amendments to the sedition law (Section 124A), among other legislative reforms.

     

    PYQ:

    [2014] The power to increase the number of judges in the Supreme Court of India is vested in:

    (a) the President of India

    (b) the Parliament

    (c) the Chief Justice of India

    (d) the Law Commission

  • Moving the spotlight to grassroots democracy  

    Why in the News?

    The Election Commission of India (ECI) has established itself as one of India’s most credible institutions, known for consistently conducting free, fair, and timely elections to Parliament and State legislatures. However, the 34 State Election Commissions (SECs) still require significant attention and strengthening.

    Issue of Disempowerment of State Election Commissions (SECs)

    The Constitution (73rd and 74th amendments) vested SECs with the responsibility of conducting elections to panchayats and urban local governments, but in reality, SECs are increasingly disempowered by state governments.

    • Legal and Administrative Challenges: SECs sometimes find themselves in litigation with state governments. For instance, the Karnataka SEC has had to file contempt petitions against the state government for failing to fulfill commitments related to the conduct of elections, highlighting a lack of cooperation from state authorities.
    • Inadequate Empowerment: Many SECs do not have the power to conduct delimitation of wards or manage the electoral rolls independently. This results in reliance on the Election Commission of India (ECI) and state governments, which can lead to arbitrary decisions that delay elections.
      • Only 11 out of 34 states and UTs have empowered SECs to conduct ward delimitation, accounting for just 35% of India’s population.
    • Lack of Resources: SECs are legally entitled to request funds and assistance from state governments, but they often do not receive adequate resources, which hampers their ability to conduct elections effectively.
    • Public Trust Erosion: The delays and challenges faced by SECs undermine public confidence in local governance and electoral processes, leading to a perception that local elections are not as credible as those conducted by the ECI for national and state elections
    • Election not on time: Performance audits by the CAG found that 70% of urban local governments in 18 states did not have elected councils at the time of the audit due to delays caused by disempowered SECs.

    Electoral Reforms Needed to Strengthen the Third Tier

    • Parity with the Election Commission of India: SECs should be made as transparent and independent as the Election Commission of India.
      • This could be achieved by appointing a three-member SEC through a committee comprising the Chief Minister, Leader of Opposition, and Chief Justice of the High Court, rather than by the State government alone.
    • Fixed Intervals for Delimitation: The delimitation of ward boundaries and reservations should be conducted at fixed intervals, such as every 10 years, to prevent arbitrary actions by State governments that delay elections.
    • Transfer of Powers to SECs: The powers of delimitation and reservation of seats for local governments should be vested in the SECs. SECs should also handle reservations for positions like mayors and presidents to avoid delays caused by State governments.

    Conclusion: Strengthening SECs through these reforms is essential to ensure timely, transparent, and credible local elections, thereby reinforcing grassroots democracy and public trust in local governance.

  • What does Australia’s new cap on a number of international students mean?  

    Why in the News?

    Australia’s Education Minister announced a plan to establish a National Planning Level (NPL) that will cap the number of new international students at 2.7 lakh for the 2025 calendar year, subject to parliamentary approval.

    What does the 2025 Cap entail?

    • Australia plans to introduce a cap on new international students at 2.7 lakh for the calendar year 2025.
    • Distribution of Seats:
      • Publicly funded universities: 1.45 lakh students (maintaining 2023 levels).
      • Vocational education and training (VET) sector: 95,000 new students.
      • Other universities and non-university providers: 30,000 students.
    • Certain categories, such as school students, research degree pursuers, students in standalone English language courses, government-sponsored scholars, and students from specific regions (e.g., Asia Pacific), are exempt from the cap.

    Trends in Indian Student Enrollment in Australia:

    • In 2023, Australia admitted 5.61 lakh international students, in 2022, it saw 3.88 lakhs, in 2021, it had 2.82 lakhs, in 2020, it had 3.96 lakhs, and in 2019, it saw 5.19 lakh students.
    • 2024 Projections: Between January and May 2024, the total student commencements reached 2.89 lakh, with additional intakes expected later in the year, possibly surpassing 2023 levels.
    • Five-Year Trend: The 2025 cap will result in the lowest intake in the past five years, considering the effects of the COVID-19 pandemic on previous years’ admissions.

    Possible Impacts on Indians Since Last Year:

    • Enrollment Numbers: The number of Indian students in Australia saw a decline from 126,487 in 2023 to 118,109 in 2024.
    • This comes on the back of moves by the Australian government to curb migration over the past six months, including higher IELTS band score requirements and the Genuine Student Test for applicants.
      • Universities, especially the Group of Eight (Go8) research-intensive universities, have criticized the capping as a “bad policy” that will adversely impact them.
    • Rising Costs: The Australian government increased the visa processing fee from AUD 710 to AUD 1,600 (approximately Rs 40,524 to Rs 91,321) as of July 1, 2024. This could deter prospective applicants due to financial constraints.

    Way Forward: 

    • Increase Scholarships and Financial Aid: The Australian government and universities should offer more scholarships and financial aid packages to offset the higher costs and attract international students, particularly from India.
    • Strengthen Bilateral Education Ties: Enhance collaboration between Australian and Indian educational institutions to create joint programs and exchange opportunities, ensuring a steady flow of students despite the cap.

  • Analyzing the Gender Budget of 2024-25   

    Why in the News?

    Women-led development is central in this year’s Budget, with Gender Budget allocations reaching 1% of GDP and over ₹3 lakh crore for pro-women programs.

    About Gender Budgeting in India: 

    • The Gender Budget Statement (GBS) was introduced in the 2005-06 budget.
    • GBS has consistently represented an average of 5% of total budgetary allocations since its introduction, with minor fluctuations.
    • In the 2024-25 budget, the share of allocations to pro-women schemes has increased to approximately 6.8% of the total budget expenditure.

    Different Components of the Gender Budget Statement

    The Gender Budget Statement (GBS) is structured into three main parts:

    • Part A: This section includes schemes and programs that have 100% allocation specifically for women.
    • Part B: This part covers schemes with more than 30% but less than 100% of their allocations directed towards women.
    • Part C: Introduced recently, this section reports pro-women schemes that have less than 30% provisioning for women.

    Instances of Missing Allocations Reported by Experts:

    • Pradhan Mantri Awas Yojana (PMAY): Initially, only a portion of PMAY’s budget was reported under Part B, which led to an underrepresentation of its impact on women. The entire allocation of ₹80,670 crore for 2024-25 was later moved to Part A, raising concerns about the accuracy of reporting since not all beneficiaries are women.
    • PM Employment Generation Programme (PMEGP): The GBS reported an allocation of ₹920 crore, which was claimed to be 40% of the total allocation to PMEGP, without a clear rationale for this percentage.
    • Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS): Although women constituted 59.3% of all person-days under MGNREGS, only 33.6% of its total outlay was reflected in the GBS, indicating a significant underreporting of women’s engagement and benefits from the scheme.

    How should these anomalies be rectified by the Government (Way forward):

    • Incorporate Explanations: Providing clear explanations for the allocations reported in the GBS would enhance transparency and accountability.
    • Audit of Budgetary Allocation: The government should involve regular audits and assessments of how budgetary allocations impact gender equality.
    • Engage Stakeholders: Involving experts and stakeholders in the process of developing the GBS can provide insights into the specific needs of women and help ensure that the budget effectively addresses those needs.

    Mains PYQ: 

    Q Women empowerment in India needs gender budgeting. What are requirements and status of gender budgeting in the Indian context? (2016)

  • [pib] Retired Sportsperson Empowerment Training (RESET) Program

    Why in the News?

    The Ministry of Youth Affairs & Sports launched the “RESET Programme” to empower retired sportspersons with career skills on National Sports Day.

    What is RESET Programme?

    Details
    Launch Date August 29, 2024 (National Sports Day)
    Nodal Ministry Ministry of Youth Affairs & Sports
    Objective To empower retired sportspersons with skills and knowledge for career development and employability
    Eligibility – Retired athletes aged 20-50 years
    – Winners/participants in international events, national/state medallists
    – Recognized by National Sports Federations/IOA/Ministry of Youth Affairs and Sports
    Programme Levels Two levels based on educational qualifications:
    – Class 12th and above
    – Class 11th and below
    Implementation Lead institute: Lakshmibai National Institute of Physical Education (LNIPE)
    Learning Mode Hybrid mode: Self-paced online learning and on-ground training
    Additional Support Placement assistance, guidance for entrepreneurial ventures

     

    PYQ:

    [2017] Consider the following in respect of ‘National Career Service’:

    1. National Career Service is an initiative of the Department of Personnel and Training, Government of India.

    2. National Career Service has been launched in a Mission Mode to improve the employment opportunities to uneducated youth of the country.

    Which of the above statements is/are correct?

    (a) 1 only

    (b) 2 only

    (c) Both 1 and 2

    (d) Neither 1 nor 2
  • [29th August 2024] The Hindu Op-ed: ​A Silent democratic backlash in South Asia 

    [29th August 2024] The Hindu Op-ed: ​A Silent democratic backlash in South Asia 

    PYQ Relevance:

    Q The proposed withdrawal of the International Security Assistance Force (ISAF) from Afghanistan in 2014 is fraught with major security implications for the region’s countries. Examine in light of the fact that India is faced with a plethora of challenges and needs to safeguard its own strategic interests. (UPSC IAS/2013)

    Q ‘India is an age-old friend of Sri Lanka.’ Discuss India’s role in the recent political crisis in Sri Lanka in the light of the preceding statement. (UPSC IAS/2022)

    Mentor comment: The political landscape in countries like India, Pakistan, and Bangladesh, where governments have faced criticism for undermining democratic institutions and processes. Elections in Bangladesh (January 7, 2024) resulted in PM Sheikh Hasina securing a fourth consecutive term. However, the elections were widely condemned by boycotting, demanding a caretaker government to oversee the electoral process. Similarly in Pakistan, the elections (February 8, 2024), were marred by allegations of irregularities and military influence. International observers and analysts have raised alarms about the military’s increasing control over political processes, which has led to Pakistan being classified as an authoritarian regime by the Economist Intelligence Unit.

    This backlash may be attributed to various factors, including economic challenges, social unrest, and the manipulation of electoral systems, which have led to a deterioration of public trust in democratic norms and practices. Today’s editorial emphasizes the importance of recognizing these trends as they pose risks to the stability and future of democracy in South Asia, urging a reevaluation of the political dynamics at play in the region.

    Let’s learn!

    __

    Why in the News?

    South Asian region is experiencing a subtle yet significant backlash against democratic governance, characterized by increasing authoritarian tendencies and a decline in civil liberties.

    On Emerging Democratic Backlash in India and Pakistan:

    • Middle-Class Attitudes: Historically, the middle classes in both countries have shown ambivalence towards democracy, sometimes favoring military rule, though a younger generation in Pakistan is becoming critical of military involvement in politics.
      • Presently, in India, there has been a democratic pushback against the BJP’s authoritarianism. People also fought against the dictatorship during the Emergency in 1975.
      • In Pakistan, the PTI emerged as a major political force, resonating with public sentiment against military influence, despite state machinery working against it.
    • Digital Backlash: Both countries are witnessing a silent democratic backlash, with citizens utilizing digital platforms and electoral participation to reclaim democratic spaces.

    What are the main causes of the democratic backlash in South Asia?

    • Authoritarian Tendencies: The noticeable shift towards authoritarianism is often characterized by the erosion of civil liberties, media suppression, and the undermining of democratic institutions.
      • For example, in India, the Modi government has been accused of implementing divisive policies and attacking minority rights, leading to a downgrade in its democratic status.
    • Electoral Integrity Issues: In Bangladesh, the 2024 elections were described as a “sham” and  Pakistan’s elections faced accusations of military interference and manipulation, particularly against the Pakistan Tehreek-e-Insaf (PTI) party.
    • Polarization and Social Unrest: Politically, there are rising tensions between various social and ethnic groups. This leads to social unrest and can create an environment where authoritarian measures are justified as necessary for maintaining order.
    • Political Culture: In India, the middle class has at times expressed a preference for authoritarian rule when faced with perceived chaos, reflecting a complex relationship with democracy.
      • Similarly in Pakistan, the military’s historical role in politics has fostered a culture where military intervention is sometimes seen as a stabilizing force.
    • Economic Challenges: Issues such as poverty and unemployment exacerbate political discontent and can lead citizens to support more authoritarian governance as a means of achieving stability and order.
    Pakistan towards authoritarianism since its inception:

    • 1971 Events: Major protests led to significant political changes, including the first general election in 1970 and the eventual disintegration of East Pakistan in 1971, countering military intentions.
    • 2008 Events: Since 2008, Pakistan has experienced a relative transition to democracy with four general elections, but this has been met with military pushback.
    • Present Dynamics: Recent elections (2018 and 2024) reveal a troubling trend of political elites forming alliances with the military, undermining democratic processes and targeting political opponents.

    India’s Democratic Trajectory:
    • 1975 Events: India was seen as a model democracy with a history of free elections and separation of powers, barring the Emergency period in 1975.
    •Since 2014: Indian Politics marked a shift towards an authoritarian model of governance characterized by executive overreach and a campaign for an “Opposition-free democracy”.
    •Judicial Activism and Overreach: Judicial activism has played a role in protecting rights and promoting social justice in India, filling legislative vacuums and enhancing administrative efficiency.
    However, judicial overreach can undermine parliamentary democracy by interfering with the functioning of the legislative and executive branches, damaging the balance between organs of government.

    Implication for South Asia

    • Silent democratic backlash: Factors like authoritarian tendencies, electoral integrity issues, military influence, economic challenges, and social unrest have contributed to the erosion of democratic norms and public trust in the region.
      • The international community has expressed concerns about the deteriorating state of democracy in South Asia, particularly in Pakistan where the military’s influence has led to its classification as an authoritarian regime.

    Conclusion: As citizens in both countries increasingly advocate for democratic governance, it is crucial to observe how these movements evolve, particularly in Pakistan, where the political landscape is more volatile.

    https://www.thehindu.com/opinion/lead/a-silent-democratic-backlash-in-south-asia/article68577856.ece

  • Himachal Bill raises women’s marriage age  

    Why in the News?

    The Himachal Pradesh Assembly passed a Bill on tuesday to increase the minimum marriage age for women from 18 to 21 years.

    Why did the Himachal Pradesh Assembly pass the Bill?

    • For Empowerment: The bill aims to provide them with more opportunities for education, career development, and overall personal growth.
    • For Health and Well-being: The Bill addresses the adverse health impacts associated with early marriage and motherhood, emphasizing the importance of allowing women to mature physically before starting a family.
    • For Social Justice: The bill aims for equal opportunities and ensures that women are not deprived of opportunities due to early marriage. 

    What is the Prohibition of Child Marriage Act (PCM) Act?

    • The PCM Act, 2006 is a significant piece of legislation in India aimed at preventing child marriages and protecting the rights of children.
    • Under the Act, a “child” is defined as a male who has not completed 21 years of age and a female who has not completed 18 years of age.

    What are the new proposed Amendments to the PCM Act?

    • Uniform Marriage Age: The Bill amends Section 2(a) of the PCM Act, redefining a “child” as any male or female who has not completed 21 years of age, eliminating the previous gender-based distinction.
    • Overriding Clause: The Bill amends Section 2(b) to include a clause that gives the new marriage age an overriding effect over any other law, custom, or usage, making it universally applicable in Himachal Pradesh.
    • Extension of Annulment Period: The Bill increases the period for filing a petition to annul a child marriage from two years after attaining majority to five years, allowing both men and women to annul their marriage until they turn 23.

    How will the Bill’s amendments to the PCM Act come into force?

    • Concurrent List Consideration: Marriage is a subject under the Concurrent List, allowing both the central and state governments to legislate on it. However, the Bill introduces amendments to a central law, making it potentially “repugnant” to the PCM Act.

    Note:

    • In the legal context, “repugnant” refers to a situation where a law enacted by a state legislature conflicts with or is contradictory to an existing central law on the same subject.
    • Article 254(1): If there is a conflict between a central law and a state law on a subject listed in the Concurrent List, the central law will prevail, and the repugnant portion of the state law will be considered void.
    • Governor’s Assent: As the Bill amends a central law, it must be reserved for the President’s consideration under Article 254(2) of the Constitution after being passed by the state Assembly and receiving the Governor’s assent.
    • President’s Approval: The Bill will become law only if the President of India gives her assent. This process ensures that the state’s amendments are consistent with the Constitution and central laws.

    Way Forward: 

    • Align with National Law: Coordinate with the central government to harmonize the amended marriage age with national legislation, ensuring legal consistency.
    • Community Awareness: Implement targeted awareness campaigns to educate the public on the benefits of delaying marriage, emphasizing women’s education and health.

    Mains PYQ:

    Q Empowering women is the key to control the population growth.” Discuss. (UPSC IAS/2019)