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  • G20 Presidency: India can be voice for developing world

    G20

    Context

    • Government of India launched the logo, website and theme for India’s presidency of the G20, setting the tone for the country’s G20 presidency, beginning December 1. Modi’s clarion call was “One Earth, One Family, One Future”, aptly underscored by the phrase “Vasudhaiva Kutumbakam”.

    What is G-20?

    • Formed in 1999, the G20 is an international forum of the governments and central bank governors from 20 major economies.
    • It brings together 19 of the world’s major economies and the European Union.
    • Its members account for more than 80% of global GDP, 75% of trade and 60% of population
    • To tackle the problems or address issues that plague the world, the heads of governments of the G20 nations periodically participate in summits.
    • India has been a member of the G20 since its inception in 1999.

    Do you know the aims and objective of G20?

    • The Group was formed with the aim of studying, reviewing, and promoting high-level discussion of policy issues pertaining to the promotion of international financial stability.
    • The forum aims to pre-empt the balance of payments problems and turmoil on financial markets by improved coordination of monetary, fiscal, and financial policies.
    • It seeks to address issues that go beyond the responsibilities of any one organization.
    • Its members account for more than 80% of global GDP, 75% of trade and 60% of population.

    G20

    Current Global scenario and India’s G20 Presidency

    • War between Russia and west: It must nonetheless countenance a complex geopolitical moment, with tensions between G7 nations and Russia over the war in Ukraine, and growing friction between the US and China.
    • India’s efforts to be a meditator: PM Modi’s recent advice to President Putin that “now is not the time for war” is anchored in the ethos of peace and non-violence, the legacy of Buddha and Gandhi.
    • Energy crisis: The developmental agenda must receive first billing. Differences over energy diversification and the emerging challenges in trade and technology will need reconciliation.
    • Economic crisis: Stagflation in the US, China and Europe threatens to affect the global economic outlook. Policy coherence in macroeconomics and trade is an important imperative.
    • Supply chain disruptions: At the “Global Supply Chain Resilience” meeting in October 2021, Modi advocated cooperation on three critical aspects trusted source, transparency and time frame to improve global supply chains. At the SCO Summit this year, he cited the disruption of supply chains due to the Ukraine crisis and spoke of the unprecedented energy and food crises.

    g20

    What India can show to the world?

    • Growing economy and rising stature: India’s G20 presidency coincides with its growing confidence, matched by its rising stature and high economic growth rate.
    • India’s digital infrastructure: India’s commitment to digital transformation will be a key element in forging an accessible and inclusive digital public architecture. The country’s exemplary success with the Unified Payments Interface (UPI), Direct Benefits Transfer and Aadhaar authentication in welfare schemes has growing relevance to the developing world.
    • Efforts for TRIPS waiver on vaccine: The use of the CoWIN platform enhanced vaccine accessibility and equity. India has made a strong pitch for a TRIPS waiver to ensure equitable access to vaccine production.
    • Vaccine assistance to the world: India’s commitment to advancing South-South cooperation is well acknowledged. At the height of the pandemic, India provided 250 million vaccine doses to 101 countries, apart from other medical assistance.
    • SAGAR and Blue Economy: India’s global initiatives in recent years such as SAGAR (Security and Growth for All in The Region), “blue economy”, “clean oceans”, and disaster-resilient infrastructure have the potential to gain traction in the G20.
    • India as true climate leader: PM Modi’s “Panchamrit” announcements at COP26 — net zero by 2070, non-fossil energy capacity to 500 GW by 2030, 50 per cent of energy requirement through renewables by 2030, reduction of carbon emission by 1 billion tonnes by 2030, and reduction of carbon intensity in the Indian economy to less than 45 per cent by 2030 — established India as a climate leader.

    What should be India’s Priority as President of G20?

    • Open application programming interface: As economies everywhere move rapidly towards digitalization, it is important to develop a consensus on an open source, open application programming interface (API) and an interoperable framework for public digital platforms on which the private sector can freely innovate. This would help maximize the impact of the digital transformation for the global public good, including new data, measurement tools, indicators of economic growth and the achievement of Sustainable Development Goals (SDGs).
    • Promotion of LiFE philosophy: At the COP26 in Glasgow, Modi proposed Mission LiFE, which places individual behavior at the centre of the global climate action narrative. The Mission intends to establish and nurture a global network of individuals known as Pro-Planet People (P3), committed to adopting and promoting environmentally friendly lifestyles. This is based on the idea that responsible individual behavior can undo the damage wrought upon nature.
    • Focus on climate financing: At COP27 as well as during its G20 presidency, India will have to focus attention on climate finance, especially a new quantified goal beyond the existing annual $100 billion pledge by Advanced Economies (AEs) to assist developing nations in climate change adaptation and mitigation from 2020 to 2025. The delayed pledge is expected to be fulfilled in 2023 during India’s presidency and from there on, the G20 needs to raise the bar.
    • Clean energy partnership: The G20 presidency will provide India with an opportunity to give impetus to several of its initiatives for clean energy partnerships especially in solar, wind and hydrogen with the EU, Japan and the US. It will provide a platform to give a fillip to the idea of, “One Sun, One World, One Grid”, first mooted by Modi at the International Solar Alliance (ISA) in 2018.
    • Achieving the Net Zero target: India has the scale and capacity to set a shining example of rapid and decarbonized economic growth to help realize the G20’s global net zero ambitions. A viable international framework for development and international trade in GH2, together with green ammonia and green shipping, is the key. Reliable supplies of critical minerals and technological collaborations for energy storage, including a global battery coalition, could provide answers.
    • Nuclear energy as an alternative: Given the nascent support today for civilian nuclear energy in Europe due to energy market volatility, the G20 could work toward an expanded and robust civilian nuclear energy cooperation framework, including for small modular reactors.
    • Reforming the multilateralism: Multilateral institutions are perceived today as unrepresentative, ineffective, or worse still, both. The call for a new multilateralism and reassessment of the Global Financial Order to ensure adequate credit enhancement and blended finance for sustainable green transitions reflects a popular global sentiment.

    g20

    Conclusion

    • India’s presidency should represent the widest and most vulnerable constituencies, especially in South Asia. This can truly advance intra-South Asian economic integration, which is so essential for India’s rise.

    Mains question

    Q. India assumed G20 presidency with a mantra of Vasudhaiva Kutumbakam. In light of this What should be the India’s Priority as President?

     

  • Should the Age of Consent be changed for Adolescents?

    The Karnataka High Court has asked the Law Commission to rethink the age of consent under the Protection of Children from Sexual Offences, or POCSO, Act 2012.

    What is the Age of Consent?

    • The age of consent for sex in India is 18 under the POCSO Act.
    • Consent given by a girl aged below 18 is not regarded as valid and sexual intercourse with her amounts to rape.

    What did the HC say?

    • The aspect of consent by a girl of 16 years, but who is below 18 years, would have to be considered.
    • This has to be if it is indeed an offence under the Indian Penal Code and/or the POCSO Act, said the HC.
    • The offender should be booked under Section 366 of the IPC, Section 6 of the POCSO Act and Section 9 of the Prohibition of Child Marriage Act, 2006.

    What are the terms of the POCSO Act?

    • Under the POCSO Act, 2012, considers a child anyone below 18 years of age.
    • Even if the girl is 16 years old, she is considered a “child” under the POCSO Act and hence her consent does not matter, and any sexual intercourse is treated as rape.

    Issues with such consent

    • Consent is ignored: It thus opens the accused up to stringent punishment.
    • Child abuse charges are ruled out: There have been several instances when the courts have quashed criminal proceedings of rape and kidnapping.
    • Misuse of the provision: The court is often convinced that the law is being misused to suit one or the other party.

    Case study

    • In 2019, a study, Why Girls Run Away to Marry – Adolescent Realities and Socio-Legal Responses inIndia, was published by Partners for Law in Development,
    • It made a case for the age of consent to be lower than the age of marriage to decriminalise sex among older adolescents to protect them from the misuse of law.

    Is the law being misused?

    (1) Foiling consensual relations

    • Sometimes, disgruntled parents file a case to foil a relationship between two adolescents or children on the threshold of adolescence.
    • POCSO is often used by parents who want to control who their daughters or sons want to marry.

    (2) Coercion for marriage:

    • The study noted that in many cases, a couple elopes fearing opposition from parents resulting run away to get married.
    • The parents then book the boy for rape under the POCSO Act and abduction with the intent to marry under IPC or the Prohibition of Child Marriage Act, 2006.

    Judicial interpretations for lower age of consent

    • In 2021, in the Vijaylakshmi vs State Rep case, the Madras High Court, while dismissing a POCSO case, said the definition of ‘child’ under Section 2(d) of the POCSO Act can be redefined as 16 instead of 18.
    • The court suggested that the age difference in consensual relationships should not be more than five years.
    • This, it said, will ensure that a girl of an impressionable age is not taken advantage or duped sexually of by a person who is much older.

    Policy measures so far

    • A parliamentary committee is looking into the Prohibition of Child Marriage (Amendment) Bill, 2021 which seeks to increase the minimum age of marriage for women to 21 years.
    • Rights activists feel instead of helping the community, raising the age may force vulnerable women to remain under the yoke of family and social pressures.

    Way forward

    • With the courts and rights activists seeking an amendment to the age of consent criteria, the ball lies in the government’s court to look into the issue.
    • In the meantime, adolescents have to be made aware of the stringent provisions of the POCSO Act and also the IPC.

     

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  • Centre constitutes 22nd Law Commission

    The Centre has constituted the Law Commission of India by appointing former Karnataka High Court Chief Justice Ritu Raj Awasthi as its chairperson.

    Law Commission of India

    • It is an executive body established by an order of the Government of India. First law commission of independent India was established post the Independence in 1955
    • Tenure: 3 Years
    • Function: Advisory body to the Ministry of Law and Justice for “Legal Reforms in India”
    • Recommendations: NOT binding
    • First Law Commission was established during the British Raj in 1834 by the Charter Act of 1833
    • Chairman: Macaulay; It recommended for the Codifications of the IPC, CrPC etc.

    Its’ composition

    The 22nd Law Commission will be constituted for a period of three years from the date of publication of its Order in the Official Gazette. It will consist of:

    1. Full-time Chairperson;
    2. Four full-time Members (including Member-Secretary)
    3. Secretary, Department of Legal Affairs as ex-officio Member;
    4. Secretary, Legislative Department as ex officio Member; and
    5. Not more than five part-time Members.

    Terms of reference

    • The Law Commission shall, on a reference made to it by the Central Government or suo-motu, undertake research in law and review of existing laws in India for making reforms therein and enacting new legislations.
    • It shall also undertake studies and research for bringing reforms in the justice delivery systems for elimination of delay in procedures, speedy disposal of cases, reduction in cost of litigation etc.

    Major reforms undertaken

    • The First Law Commission under Macaulay suggested various enactments to the British Government, most of which were passed and enacted and are still in force in India.
    • These include the Indian Penal Code (first submitted in 1837 but enacted in 1860 and still in force), Criminal Procedure Code (enacted in 1898, repealed and succeeded by the Criminal Procedure Code of 1973), etc.
    • Thereafter three more Law Commissions were established which made a number of other recommendations the Indian Evidence Act (1872) and Indian Contract Act (1872), etc. being some of the significant ones.

    Role in legal reforms

    The Law Commission has been a key to law reform in India.

    • Its role has been both advisory and critical of the government’s policies
    • In a number of decisions, the Supreme Court has referred to the work done by the commission and followed its recommendations.
    • The Commission seeks to simplify procedures to curb delays and improve standards of justice.
    • It also strives to promote an accountable and citizen-friendly government that is transparent and ensures the people’s right to information.

     

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  • What is Mother Tongue Survey of India (MTSI)?

    mother

    The Ministry of Home Affairs (MHA) has completed the Mother Tongue Survey of India (MTSI) with field videography of the country’s 576 languages.

    What is the MTSI?

    • The Mother Tongue Survey of India is a project that surveys the mother tongues, which are returned consistently across two and more Census decades.
    • It also documents the linguistic features of the selected languages.
    • The category “mother tongue” is a designation provided by the respondent, but it need not be identical with the actual linguistic medium.
    • The NIC and the National Film Development Corporation (NFDC) will be documenting and preserving the linguistic data of the surveyed mother tongues in audio-video files.
    • Video-graphed speech data of Mother Tongues will also be uploaded on the NIC survey for archiving purposes.

    How many “mother tongues” does India have?

    • As per an analysis of 2011 linguistic census data in 2018, more than 19,500 dialects are spoken in India as mother tongues.
    • They are grouped into 121 mother tongues.
    • According to the 2011 linguistic census, Hindi is the most widely spoken mother tongue, with 52.8 crore people or 43.6 per cent of the population declaring it as the mother tongue.
    • The next highest is Bengali, mother tongue for 9.7 crore individuals, and accounting for 8 per cent of the population.

    Where does the mother tongue feature in the education of children?

    • The new National Curriculum Framework (NCF) has recommended that mother tongue should be the primary medium of instruction in schools for children up to eight years of age.
    • The new NCF, which deals with pre-school and classes I-II, emphasises the virtues of the mother tongue as the primary medium of instruction.
    • It says that by the time children join pre-school, they acquire significant competence in the “home language”.
    • This push has come after repeated policy articulations in its favour from PM and Home Minister.

    Why emphasize more on mother tongue?

    • According to the NCF, evidence from research confirms the importance of teaching children in their mother tongue during the foundational years and beyond.
    • Children learn concepts most rapidly and deeply in their home language.
    • Hence the primary medium of instruction is optimally the child’s home language/ mother tongue/ familiar language in the Foundational Stage.

    What is the status of the population census?

    • The forthcoming decennial population census will be the 16th since the first exercise was conducted in 1872.
    • It will be the eighth census since independence.
    • The census was supposed to take place in 2021, but was postponed due to the outbreak of the Covid-19 pandemic.

    Updates in the new census

    • To ensure efficient processing and quick release of data, the Home Ministry has adopted some new initiatives, which include digital data processing and the use of geospatial technology.
    • According to the report, pre-census mapping activities like preparation and updation of maps that show administrative units will be carried out.
    • Census results will be disseminated via web-based interactive maps.

     

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  • PM unveils G20 logo: Significance of the lotus on it

    g20

    PM unveiled the logo, theme and website of India’s G20 presidency.

    What is G20?

    • The G20 was formed in 1999 in the backdrop of the financial crisis of the late 1990s that hit East Asia and Southeast Asia in particular.
    • The first G20 Summit took place in 2008 in Washington DC, US.
    • Its aim was to secure global financial stability by involving middle-income countries.
    • Its prominent members are: Australia, Brazil, China, France, Germany, India, Japan, Republic of Korea, Russia, Saudi Arabia, South Africa, Turkey, the UK, the US, and the EU.
    • Spain is invited as a permanent guest.

    Presidency of G20

    • The presidency of the G20 rotates every year among members.
    • The country holding the presidency, together with the previous and next presidency-holder, forms the ‘Troika’ to ensure continuity of the G20 agenda.
    • During India’s presidency, India, Indonesia and Brazil will form the troika.
    • This would be the first time when the troika would consist of three developing countries and emerging economies.

    How does the G20 work?

    • The G20 has no permanent secretariat.
    • The agenda and work are coordinated by representatives of the G20 countries, known as ‘Sherpas’, who work together with the finance ministers and governors of the central banks.
    • On the advice of the G7 Finance Ministers, the G20 Finance Ministers and Central Bank Governors began holding meetings to discuss the response to the global financial crisis that occurred.
    • Since 1999, an annual meeting of finance ministers has taken place.

    Economic significance of G20

    • G20 is the premier forum for international economic cooperation representing around-
    1. 85 per cent of the global GDP,
    2. 75 per cent of the global trade, and
    3. Two-thirds of the world population

    Significance of the G20 logo

    • The logo bears a lotus and the message of ‘Vasudhaiva Kutumbakam — One Earth, One Family, One Future’.
    • The lotus flower symbolises our Puranic heritage, our aastha (belief) and boddhikta (intellectualism).

     

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  • India’s role in Russia-Ukraine war

    Ukraine war

    Context

    • As external affairs Minister Subrahmanyam Jaishankar arrives in Russia this week for a bilateral visit, there is growing international interest in the potential Indian diplomatic contribution to ending the tragic war in Ukraine which is now in the ninth month and has shaken the world to its core.

    The story of Ukraine’s war and India’s Strategy so far

    • India’s balanced approach: India has reasons to be satisfied that there is a better appreciation of its position on Ukraine in the Western public discourse. In the last few months, the Western media and think tanks had been relentless in their criticism of the Indian approach to the crisis as lacking moral and strategic clarity in the face of Russia’s unprovoked aggression.
    • India didn’t criticize Russian nor endorse Russian aggression: Through the last nine months, Delhi was reluctant to explicitly criticize Russian aggression against Ukraine and insisted on a dialogue between the warring parties. At the same time, India refused to endorse Russian aggression, underlined the importance of respecting the United Nations Charter, emphasized the inviolability of territorial sovereignty, warned against the use of nuclear weapons, and sought to draw at tension to the economic impact of the war on the “Global South”.
    • America showed sensitivity to India’s position: In the Biden administration there was a measure of understanding of where Delhi was coming from and India’s long-standing equities in the relationship with Russia and the constraints it imposed on India. Official Washington never let the heat of the Ukraine crisis in Europe undermine the longer-term American imperative of engaging India to stabilize the Indo-Pacific. The same can’t be said about Europe, but then the continent was right in the middle of the gravest conflict since the Second World War. The European trauma from a shattered peace is real.
    • India’s role in grain shipment and nuclear power station: Recent reports in the US media recount the Indian diplomatic contribution at a few critical moments in the nine-month-long war-in helping overcome issues over the grain shipment deal from Ukraine and in reducing the growing risks of the war targeting the nuclear power station at Zaporizhzhia in eastern Ukraine.

    Ukraine war

    Can India take on a larger diplomatic role?

    • India’s role is limited: Good relations with Moscow and Washington do put South Block in an interesting position. But India is not the only channel of communication between the US and Russia. Nor are Washington and Moscow totally reliant on third parties.

    Efforts to end war by west and Russia

    • Communications between the defence ministers: The defence ministers of the two countries have frequently talked to each other reminding each other of their redlines in the war. Meanwhile, the onset of winter will increasingly limit the possibilities for military operations in Ukraine and would give a chance to both sides to pause, regroup and rethink their strategy and tactics.
    • Putin’s strategy: Putin’s current focus on destroying the Ukrainian cities and the occasional threat to use nuclear weapons underline Russia’s weakness in the Ukraine war rather than strength. From a military perspective, there is no easy way for Russia to secure a “victory” in this war.
    • Limitations of Putin: Putin might have no option but to consider an honorable draw that will save his political face and secure some territorial gains in Ukraine. Can the same be said about the other Vladimir? (The Russians and Ukrainians both claim Vladimir or Volodymyr the Great of the 10th century as the founder of their nations).
    • Ukraine’s strategy: Ukraine’s president Volodymyr Zelenskyy has led the country’s fight against Russian aggression with impressive determination. Unlike the Russian troops, the Ukrainian forces are trying to save their nation against aggression and have inflicted significant military defeats on the Russians.
    • Limitations of Ukraine: There is a question, can Zelenskyy succeed in liberating all territories occupied by Russia, including Crimea which Russia took by force in 2014? Zelenskyy might like to fight on until he realizes that goal, but there are second thoughts in the Western coalition that is backing him.
    • Western effort of sanctions on Russia: The West had bet that the massive sanctions it imposed after Moscow launched its war against Ukraine would bring the Russian economy to its knees. But Russia is still standing and the costs of the sanctions are beginning to have major effects on Western societies.
    • Rising energy cost and Ineffectiveness of sanctions: As the economic and energy costs of the war mount, there is growing political support in Europe for a quick resolution of the conflict. In the US, which has emerged as the main supporter of Ukraine, there are both Republicans and Democrats who are questioning the current American “blank cheque” for Ukraine. If the Republicans do well as they are expected to in this week’s midterm elections to the US Congress, the internal polarization could sharpen and cast a shadow over American foreign policy, including the Ukraine strategy.
    • USA is repairing its strategy: Although these developments need not be fatal to US strategy, Washington is beginning to recalibrate. In important private advice to Kyiv last week, Washington called for greater flexibility in Zelenskyy’s approach to negotiations with Putin.

    Ukraine war

    Conclusion

    • Ending the war in Ukraine is very crucial as global economy especially western, facing energy and inflation crisis. India has a limited impact as mediator in ending the war in Ukraine. West and Russia need to realise their futile pursuit of complete victory is hurting them more. Sooner the war ends better for world.

    Mains Question

    Q. What role India can play as mediator in Ukraine war? What are efforts by Russia and Western nations to end the war?

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  • New Category of Reservation, EWS

    Reservation

    Context

    • The Supreme Court has now upheld the validity of the 103rd constitutional amendment. For instance, economic criterion was provided for this new category of affirmative action.

    What is the verdict of supreme court?

    • SC/ST Excluded in new clause: The Scheduled Castes, Scheduled Tribes and non-creamy layer Other Backward Classes were excluded from the newly inserted clauses of Article 15(4) and 16(4).
    • The ceiling of 50 per cent reservation was breached: The cap of 50% is breached and the individual rather than the group became the basis of backwardness.

    Reservation

    Do you know?

    • Indra Sawhney Vs. Union of India -Issued 50% Cap on Caste-based reservation: In the case the Supreme Court held that reservation for beneficiaries should not exceed 50% of India’s population. It was this case that issued a cap limit on caste-based reservations.

    The Backgrounder: What are concerns over the reservation verdicts so far?

    • Judiciary is reluctant supporter of reservation: A closer look at the judicial response to reservation policies from Dorairajan (1951) to MR Balaji (1963) to Indra Sawhney (1992) to M Nagaraj (2006) shows that the Indian judiciary has not been quite supportive of such policies.
    • New conditions for new category of reservation: In many cases, it created new conditions in the implementation of such policies by introducing several exclusions/doctrines/rules etc. In fact, Parliament had to amend the Constitution through the 77th amendment to overturn Indra Sawhney judgment against reservation in promotions.
    • Reservation in promotion cancelled: The 85th constitutional amendment was passed to undo the Virpal Singh Chauhan (1995) and Ajit Singh (1999) judgments that had introduced the “catch up rule” under which general candidates, who are promoted after SC/ST candidates, will regain their seniority over earlier promoted SC/ST candidates.
    • Concerns about dilution of merit: Basically, Indian courts have been emphasising merit and have been concerned about the dilution of “merit”. In several reservation matters, the courts have been more interested in protecting the interests of general categories.
    • 90% population is eligible under EWS: As a matter of fact, the EWS reservation is for the erstwhile general candidates: The Rs 8-lakh family income provision covers over 90 per cent of our population.

    Reservation

    What is the significance of this recent Judgement?

    • New category on economic basis: The majority verdict is right in saying that though reservation on economic basis is new it has not made the Constitution unrecognizable. Justice Trivedi said the legislature best understands the needs of the people. The majority does have a point in holding that the basic structure doctrine does not bind Parliament from laying down the economic criterion. Such a basis does not impinge on the equality code of the Constitution.
    • Poverty as an injustice: Justice Maheshwari has quoted a number of judgments in which poverty was mentioned as a fundamental source backwardness. Justice Maheshwari held that poverty is not merely a stage of stagnation but a point of regression.
    • Identity of constitution will not change: India’s affirmative action programme far was catering to only historical injustices and social backwardness. The extension of this benefit to others, in the opinion of Justice Maheshwari, won’t change the identity of the Constitution.
    • Towards the justice: The court observed that the new reservation is in furtherance of the Preamble’s goal of achieving justice – social, economic and political.
    • Consistent with FR’s and DPSP’s: The other judges were also of the view that any provision that is consistent with fundamental rights and directive principles cannot be held to be in the teeth of the basic structure doctrine.
    • Constitutional amendment upheld: Constitutional amendments are rarely struck down since this can be done only on the narrow ground of the amendment being violative of the basic structure of the Constitution. Since 1973, when the basic structure doctrine was propounded, over 70 amendments had been passed but only five have so far been struck down. The NJAC was the last one in 2016.

    Reservation

    Critical analysis of judgement

    • Goes to Individual and not group reservation: Economic disadvantage is individual, unlike caste discrimination. It carries no social stigma. The Court has gone against the earlier precedents on this point, which is why Justice Bhat was not able to persuade himself to agree with this reasoning, particularly when SC/ST/OBC categories have been excluded.
    • Argument over level playing field for open category: The majority was of the view that such an exclusion was inevitable for the true operation and effect of new policy. If existing beneficiaries are not excluded, it would amount to excessive benefit and advantage. Justice Maheshwari said that in the vertical reservation provided to these groups also, others are excluded. He said that those who are themselves receiving the benefit of others’ exclusion cannot object to their exclusion in the reservation policy made for others.
    • Debate on SC/ST exclusion: Justice Bhat observed that since the bulk of the poorest people belong to SC/ST/OBC groups, their exclusion is not right. The majority was also of the view that Parliament is entitled to experiment with new policies.
    • 50% ceiling breached: The majority also cited a number of earlier judgments on the 50 per cent ceiling such as NM Thomas (1976), in which Justices Fazal Ali and V R Krishna Iyer observed that the arithmetical limit cannot be pressed too far. In Vasanth Kumar (1985), Justice Chinnappa Reddy observed that “for a court to say that reservation should not exceed 40 per cent, 50 per cent or 60 per cent would be arbitrary and the Constitution does not permit us to be arbitrary”.
    • Indira Sawhney judgement is overturned: Even Indra Sawhney had kept a small window for the government to go beyond the 50 per cent ceiling. The real question is would the Court have permitted such a breach at the all-India level if the same had been done for the existing beneficiaries of the reservation policy.
    • justice to general categories is not injustice to others: Justice Maheshwari admitted so when he observed that the 50 per cent limit was for the benefit of general candidates and it causes no injustice to the reserved categories. Justice Bhat, though, felt this may open the floodgates.

    Conclusion

    • Justice should not only be done but should also be appear to have been done. Economical weaker section reservation was an effort to pacify the dissatisfaction among general categories against reservation. However, the merit system will be compromise or not only time will tell.

    Mains Question

    Q. Does exclusion of SC/ST from EWS reservation is justifiable? How EWS reservation will impact the merit system in India? 

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  • Supreme Court, in a majority verdict, upholds the EWS Quota

    ews

    A Constitution Bench of the Supreme Court, in a 3:2 majority decision, upheld the validity of the 103rd Constitutional Amendment, which provides 10% reservation in government jobs and educational institutions to the Economically Weaker Sections (EWS) of society.

    What else?

    • The judgment excludes the “poorest of poor” among Scheduled Castes (SC), Scheduled Tribes (ST), Socially and Educationally Backward Classes (SEBC) and Other Backward Classes (OBC) from its scope.

    What was the 103rd Amendment?

    • The 103rd Amendment inserted Articles 15(6) and 16(6) in the Constitution to provide up to 10 per cent reservation to the economically weaker sections (EWS) among non-OBC and non-SC/ST sections .
    • In other words, the amendment had changed the Constitution and introduced a quota for the poor among the so-called ‘forward castes’ or ‘general category’.

    Quota available to EWS

    • The quota is available in:
    1. Admissions to higher educational institutions and
    2. Initial recruitment in central government jobs
    • The amendment also empowered state governments to provide reservation on the basis of economic backwardness.

    On what basis was the quota challenged?

    Ans. Violation of Basic Structure

    • Violation of basic structure: Essentially, the challenge was based on the argument that the 103rd amendment violated the “basic structure” of the Constitution.
    • Socially disadvantage: The primary argument in this case stemmed from the view that the special protections guaranteed to socially disadvantaged groups is part of the basic structure.
    • Sole economic criterion: The 103rd Amendment departs from this by promising special protections on the sole basis of economic status.

    Key arguments by the Judges

    [A] Majority Opinion

    Three judges, Justices Dinesh Maheshwari, Bela Trivedi, and S B Pardiwala, have upheld the validity of the 103rd amendment.

    1. Justice Dinesh Maheshwari: He has ruled that reservation based only on economic criteria does not violate the basic structure of the Constitution, and that the exclusion of classes covered in Article 15(4) and 16(4) — that is OBCs and SC/STs — in the 103rd amendment does not damage the basic structure.
    2. Justice Bela Trivedi: She has concurred with Justice Maheshwari. She ruled that treating EWS as a separate class would be a reasonable classification, and that treating unequals equally would violate the principle of equality under the Constitution.
    3. Justice Trivedi: He said that 75 years after independence, it was time to revisit the system of reservation in the larger interest of society.
    4. Justice S B Pardiwala: He concurred with Justice Maheshwari and Justice Trivedi. He observed that “Reservation is not an end, it is means, it should not be allowed to become a vested interest.

    [B] Minority (Dissenting) Opinion

    1. Justice Bhat: He has ruled that while reservation on economic criteria is per se not violative of the Constitution, excluding SC/ST/OBC from the purview of EWS is violative of basic structure. He has struck down Articles 15(6) and 16(6) for being discriminatory and violative of the equality code.
    2. CJI Lalit: He said he concurs entirely with the judgment of Justice Bhat.

    What about the 50% ceiling on quotas?

    • The judgment appears to have struck down the ceiling of 50%.
    • Justice Maheshwari said that reservations for EWS does not violate basic structure on account of 50% ceiling limit because ceiling limit is not inflexible.

    How the judiciary deviated from its earlier judgments?

    • However, the dissenting opinion says that permitting breach of 50% would result in compartmentalization, and the rule of right to equality will become right to reservations.
    • The apex court has repeatedly underlined the 50% ceiling on reservations imposed by the landmark Indra Sawhney judgment of 1992.
    • On that basis, attempts by a number of states have been struck down.
    • Several of those issues can now be reopened. Now states can rebel with their populist moves to provide reservations to some communities. Ex. Nomadic Tribes case in Maharashtra.

    What is the EWS Quota?

    • The EWS criteria for employment and admission was notified on January 31, 2019 by the Department of Personnel and Training (DoPT) based on the 103rd Amendment.
    • Under the 2019 notification, a person who was not covered under the scheme of reservation for SCs, STs, and OBCs, and whose family had a gross annual income below Rs 8 lakh, was to be identified as EWS.
    • The notification specified what constituted “income”, and excluded some persons from the EWS category if their families possessed certain specified assets.

    Broad issues with EWS quota

    • Reduction within general category: The EWS quota remains a controversy as its critics say it reduces the size of the open category, besides breaching the 50% limit on the total reservation.
    • Arbitrariness over income limit: The court has been intrigued by the income limit being fixed at â‚č8 lakh per year. It is the same figure for excluding the ‘creamy layer’ from OBC reservation benefits.
    • Socio-economic backwardness: A crucial difference is that those in the general category, to whom the EWS quota is applicable, do not suffer from social or educational backwardness, unlike those classified as the OBC.
    • Metropolitan criteria: There are other questions as to whether any exercise was undertaken to derive the exceptions such as why the flat criterion does not differentiate between metropolitan and non-metropolitan areas.
    • OBC-like criteria: The question the court has raised is when the OBC category is socially and educationally backward and, therefore, has additional impediments to overcome.
    • Not based on relevant data: In line with the Supreme Court’s known position that any reservation or norms for exclusion should be based on relevant data.
    • Breaches reservation cap: There is a cap of 50% on reservation as ruled in the Indira Sawhney Case. The principle of balancing equality ordains reservation.

    Way forward

    • Preserving the merit: We cannot rule out the sorry state of economic backwardness hampering merit in our country.
    • Rational criteria: There has to be collective wisdom to define and measure the economic weakness of certain sections of society in order to shape the concept of economic justice.
    • Judicial guidance: Judicial interpretation will pave the wave forward for deciding the criterion for EWS Quota.
    • Targetted beneficiaries. The center needs to resort to more rational criteria for deciding the targeted beneficiary of this reservation system. Caste Census data can be useful in this regard.
    • Income study: The per capita income or GDP or the difference in purchasing power in the rural and urban areas, should be taken into account while a single income limit was formulated for the whole country.

     

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  • Centre opposes petition in HC against provisions of Surrogacy Law

    surrogacy

    The Centre has opposed before the Delhi HC a petition challenging certain provisions of the surrogacy laws, including the Assisted Reproductive Technology (Regulation) Act, 2021, and the Surrogacy (Regulation) Act, 2021.

    What is the case?

    • The provisions challenged includes the exclusion of a single man and a married woman having a child from the benefit of surrogacy as a reproductive choice.
    • It challenged the ban on commercial surrogacy.
    • In their plea, the petitioners have stated that commercial surrogacy is the only option available to them.

    Invoking Article 21

    • The personal decision of a single person about the birth of a baby through surrogacy, that is, the right of reproductive autonomy is a facet of the right to privacy guaranteed under Article 21 of the Constitution.
    • Thus, the right affecting a decision to bear or beget a child through surrogacy cannot be taken away, the petition said.

    What rules say?

    • Under the Surrogacy (Regulation) Act, 2021, a married couple can opt for surrogacy only on medical grounds.
    • The law defines a couple as a married Indian “man and woman” and also prescribes an age-criteria with the woman being in the age of 23 years to 50 years and the man between 26 years to 55 years.
    • The couple should not have a child of their own.
    • Though the law allows single women to resort to surrogacy, she has to be a widow or a divorcee between the age of 35 and 45 years.
    • The law does not allow single men to go for surrogacy.

    Distinct features of the Surrogacy (Regulation) Act, 2021

    • Definition of surrogacy: It defines surrogacy as a practice where a woman gives birth to a child for an intending couple with the intention to hand over the child after the birth to the intending couple.
    • Regulation of surrogacy: It prohibits commercial surrogacy, but allows altruistic surrogacy which involves no monetary compensation to the surrogate mother other than the medical expenses and insurance.
    • Purposes for which surrogacy is permitted: Surrogacy is permitted when it is: (i) for intending couples who suffer from proven infertility; (ii) altruistic; (iii) not for commercial purposes; (iv) not for producing children for sale, prostitution or other forms of exploitation; and (v) for any condition or disease specified through regulations.
    • Eligibility criteria: The intending couple should have a ‘certificate of essentiality’ and a ‘certificate of eligibility’ issued by the appropriate authority ex. District Medical Board.

    Eligibility criteria for surrogate mother:

    • To obtain a certificate of eligibility from the appropriate authority, the surrogate mother has to be:
    1. A close relative of the intending couple;
    2. A married woman having a child of her own;
    3. 25 to 35 years old;
    4. A surrogate only once in her lifetime; and
    5. Possess a certificate of medical and psychological fitness for surrogacy.
    • Further, the surrogate mother cannot provide her own gametes for surrogacy.

     

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  • Unrecognized Madrasas and Government’s role

    Madrasa

    Context

    • There has been a lot of unhappiness about the UP-government’s decision to conduct a survey of unrecognized madrasas in Uttar Pradesh.

    What is the intention of Government behind such survey?

    • The government’s claim: The survey being an exercise to help the madrasas and their students has been less than convincing.
    • Questionable intention: In the past, the government has called into question the patriotism of madrasa students by asking their management to hoist the national flag on Independence Day, record the proceedings, and submit the same to the local magistrate.

    Madrasas

    Know the History of Madrasa

    • After the birth of Islam in the seventh century, Muslims who wanted a religious education joined study circles in mosques where teachers provided instruction.
    • Over the next 400 years, additional centers of learning, founded and endowed by rulers, high officials and wealthy members of the community, met in public and private libraries. These were early forms of madrasa.
    • By the 11th century madrasas were well-established independent centers of learning with some of the features they retain today.
    • As economies modernized, Muslims who continued to choose madrasas over other schools found that they lacked the training needed for well-paid jobs. Their socioeconomic mobility suffered. Nonetheless, many madrasas refused to integrate nonreligious subjects into their curriculum.

    What is the status of unrecognized madrasas?

    • Lack of direction: Most are floundering for lack of direction. Many impart elementary theological instruction through semieducated teachers.
    • Dependence on community funding: If at all there, secular education is, at best, piecemeal. Madrasas depend almost fully on community funding.
    • Funding cut with covid19: With the economic downturn first post demonetization and then postCOVID19, that funding has reduced to a trickle. Under normal circumstances, an institute pressed for funds cuts down on expansion plans or puts new courses on hold.
    • Existential crisis for madrasa: It has become an existential crisis for tens of thousands of students. The dwindling community sponsorship has translated into less food to eat and no warm clothes for them. If that makes it seem as though the madrasas’ prime purpose is to feed and clothe the needy, the reality is not entirely different.
    • Feeding and imparting the literacy: Most students are first generation learners. Many of them are sent by parents with the idea that there will be one less mouth to feed at home. For poverty-stricken parents, the madrasas’ free boarding and lodging is a blessing. The education is often considered a bonus. The Much-maligned madrasas feed the hungry and impart literacy.

    Madrasas

    What the case studies reveal about education via unrecognizes madrasas?

    • Example of CBSE along with Quran: Jamiatul Hamd in Gautam Buddha Nagar district is a rare madrasa which encouraged its students to take the Central Board of Secondary Education exams alongside learning to be Hafize Quran (one who has memorized the Quran).
    • Shortage of funds: The madrasa is so short of funds that the management does not know where the next meal for the students will come from. In the past, Good Samaritans sent packs of rice, lentils, wheat flour and cooking oil.
    • Decline in sponsorship: Sponsorship has come down drastically, leaving the students with the prospect of going to bed hungry. Also, 40% of the students in this madrasa who went back home during the COVID19 pandemic did not return.
    • Jamia Mahade Noor madrasa in Dadri: Where 30% of the students dropped out after COVID19. Day scholars face an uncertain future. Some teachers could not be retained due to paucity of funds.
    • Closing down of madrasa: The cash-strapped Jamia Naseeriya Islamia in Ghaziabad closed down its wing for outstation students. In mosques across Uttar Pradesh, community aid is sought for unrecognized madrasas after daily prayers.
    • Fear about survey: In almost every madrasa, there are lingering apprehensions about their fate after the survey. Many packed off their outstation students in panic when the survey started. The students may never return.
    • Some student never returned: Incidentally, these schools had also sent back their outstation students after the nationwide lockdown was imposed in March 2020. Many students did not return as their parents got them employed as either farm labourers or at sundry tea shops or eateries. A student who may have at one time dreamed of becoming a scholar of Islam is now a menial worker.

    What government can do?

    • Upholding the Constitutional right: According to constitution the Right of a citizen not to be denied admission into state maintained and state-aided institution on the ground only of religion, race, caste, or language [Art.29(2)2]-” No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them”
    • Survey for collecting the data: Aim of survey should not be harassment but the know the status of madrasa and they’re by collecting the data to draft policy for educational and social upliftment of students of madrasa.
    • Recognition of madrasa: Following the due procedure of law government can seek Registration and recognition of madrasa.
    • Financial assistance to madrasa: State government can provide the one-time financial assistance for and after the feedback and review state may continue the funding.
    • Education should be the priority: Government objective should be the modern education of those who are getting poor quality of education. Any constitutional or legal hindrances should not be the excuse to provide the help to needy.

    Conclusion

    • While government is duty bound to provide aid to registered and recognized madrasa but not mandatory to provide financial aid to unrecognized madrasa. Government can revamp the unrecognized madrasa into modern education imparting institutions. Whatever government decides, state must provide the quality education without any biases.

    Mains Question

    Q. What are the cultural and educational rights enshrined under constitution? Explain government can provide the educational assistance to unrecognized religious institutions in India?

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