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GS Paper: GS2

  • 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 ₹8 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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  • India’s Troubled Neighborhood, Myanmar

    India-myanmar

    Context

    • Twenty-one months after a military coup, which derailed a decade old experiment with limited democracy, Myanmar is struggling to cope with the consequences. People are suffering, authorities and opposition forces are locked in a cycle of violent clashes, the economy is deteriorating, and ASEAN’s mission to produce a solution has failed.

    Background of Present situation in Myanmar

    • Violation of constitution by Military: When the Tatmadaw (military), unhappy with the victory of the Aung San Suu Kyi led National League for Democracy in the November 2020 elections, chose to violate the constitution, it acted in the belief that the people would accept its diktat, as they had done in previous decades.
    • Civilian opposition continues: Clearly, military junta underestimated public anger and their commitment to freedom and democracy. Even after killing over 2,300 people and imprisoning thousands, including Ms. Suu Kyi, the military still faces a rebellion. Its plan to hold an election next year stands jeopardized.
    • Imprisonment of Suu Kyi: Suu Kyi, 77, the most popular leader, has been sentenced to 26 years of imprisonment in multiple cases on apparently trumped-up charges. Besides, 1.1 million Rohingya, driven by military oppression to seek shelter in Bangladesh in 2017, continue to languish there. Dhaka’s efforts to arrange their safe return have failed.
    • Migration crisis in India and Bangladesh: Armed clashes between the military and their ethnic opponents in the border region are having a spill-over effect in Bangladesh. Dhaka continues to show restraint and a preference for diplomacy to manage the situation.

    India-Myanmar

    How is the response of civilian opposition against military?

    • National unity Government: The parallel National Unity Government (NUG) may not be recognized by any state, but it continues to receive political and financial support from abroad. It has effectively channelled popular indignation against military rule, while still being vulnerable due to the paucity of resources and the absence of a visible leader.
    • Support of ethnic groups to NUG: About 20 ethnic armed organizations (EAOs), located in the east, north and west of Myanmar’s periphery, have divergent approaches towards the postcoup conflict. Many view it as an intra Bamar contestation, an issue of limited concern to them. Some like the Karens and Kachin’s support the NUG, while others, especially those controlled or supported by China, remain aloof.
    • Strong military but disunity among groups: Those operating in the Chin and Rakhine states are engaged in a fierce armed conflict with the military and have enfeebled it. But overall, due to their divergences and relative weaknesses, the EAOs are unlikely to defeat the military.
    • No nationwide opposition: While the opposition has performed well, it is unable to turn the tide in its favour, without a nationwide front against the Tatmadaw. National reconciliation between the military and civilian forces, and ethnic reconciliation between the majority Bamars and ethnic minorities, have been put on hold.

    India-Myanmar

    UN and International criticism

    • Criticism of coup: The UN has been forthright in criticizing the coup. It has expressed concern over continuing violence, support for a ‘democratic transition’, a release of all political prisoners and dialogue among the parties concerned.
    • Division among international community: However, the UN Secretary General’s special envoy has had little success in promoting peace. The UN’s failure lies in the sharp divisions within the international community on how to deal with this vexed issue.
    • Sanction on military: The western powers have been severely critical of the military. They have put in place several restrictive measures and imposed more sanctions. They have extended support to the NUG.
    • Russian support to military: On the other hand, Russia has given considerable backing to the military regime, seeing in its own isolation an opportunity to strengthen bilateral cooperation in defence and energy supplies.
    • China’s exploiting the opportunity: China is keeping a door open to democratic forces even while doing business with the regime and exploiting every opportunity to ensure progress on the China-Myanmar Economic Corridor.
    • ASEAN’s divided response: ASEAN is divided in three ways: Indonesia, Malaysia, and Singapore are prodemocracy; Thailand and Laos are promilitary; and Vietnam and the Philippines are ambivalent. This disunity and the Tatmadaw’s refusal to cooperate with ASEAN have led to the non-implementation of the Five Point Consensus. The upcoming ASEAN summit may provide clues on whether the grouping can forge a united stand and devise something that works better.

    India-Myanmar

    India’s reaction to Myanmar situation

    • Refugee crisis in India: India is concerned as the postcoup conditions have adversely impacted its interests and hampered bilateral cooperation. Mega projects stand delayed. Some 50,000 refugees, as per unofficial estimates, have been camping in Mizoram.
    • Advocating the democracy: Meanwhile, there is an erroneous perception that India has abandoned the Myanmar people. The reality is that India proactively advocates an early restoration of democracy, the release of prisoners, and internal dialogue.
    • Myanmar under the shadow of India-China relations: Can India do more? It can explore the possibility of a combined mediatory role with ASEAN and likeminded neighbors. Will China have a role in such a group? India-China relations preclude that possibility.
    • Brokering the political settlement: Through greater unity, external players can help Myanmar in creating a suitable environment for dialogue on a political settlement. Distant countries such as Norway and Japan can play a helpful role as catalysts. But the principal responsibility to construct a solution must rest with the Myanmar elite and leadership of both camps. Through resilience and pragmatism, they crafted a way out in 2011-21. They must recreate that spirit.

    Conclusion

    • India has been walking on tight rope on balancing national interest and restoration of democracy in Myanmar. Sooner the civil war in Myanmar ends better for India and especially for Mizoram. ‘The Golden Land’, where Lord Buddha is revered, needs to be reinspired by his teachings. Else, a prolonged, contested military rule or a failed state seems a distinct possibility.

    Mains Question

    Q. How situation in Myanmar is affecting the national interest of India? What is the India’s response to the military coup in Myanmar?

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  • How is India planning to end Child Marriage?

    child-marriage

    The steering committee of a UNFPA-UNICEF Global Programme to End Child Marriage is on a visit to India to witness state interventions that have helped reduce the prevalence of child marriage.

    Why such visit?

    • The UNFPA-UNICEF estimates that 10 million children could become child brides as a result of the pandemic globally.

    What is Child Marriage?

    • Child marriage refers to any formal marriage or informal union between a child under the age of 18 and an adult and another child.
    • The Prohibition of Child Marriage (Amendment) Bill, 2021, fixes 21 years as the marriageable age for women.

    Reasons behind its prevalence

    • Role of poverty: A large proportion of child marriages take place primarily because of poverty and the burden of the huge costs of dowry associated with delayed marriages.
    • Norms: It is because of social norms in many regions and cultures that parents begin preparations for a girl’s marriage once she has reached puberty.
    • Crisis: Conflict increases the inequalities that make girls vulnerable to child marriage – and its consequences. Families may arrange marriages for girls, believing marriage will protect their daughters from violence.

    Issues with Child Marriage

    (1) Social implications

    • Impacts girl child more: Globally, the prevalence of child marriage among boys is just one sixth that among girls.
    • Leads to deprivation: Child marriage robs girls of their childhood and threatens their lives and health.
    • Exclusion: The practice can also isolate girls from family and friends and exclude them from participating in their communities, taking a heavy toll on their physical and psychological well-being.
    • Academic loss: Girls who marry before 18 are more likely to experience domestic violence and less likely to remain in school.

    (2) Health issues

    • Life threats: Child brides often become pregnant during adolescence, when the risk of mortality during for themselves and their infants.
    • Forced pregnancy: Girls are forced into adulthood before they is physically and mentally ready. This is the main cause of global prevalence of malnutrition.

    (3) Economic impacts

    • Child marriage negatively affects the Indian economy and can lead to an intergenerational cycle of poverty.
    • It suddenly pulls out the children involved out of workforce before they grow as adult.
    • Girls and boys married as children more likely lack the skills, knowledge and job prospects needed to lift their families out of poverty and contribute to their country’s social and economic growth.

    What is the situation in the world?

    • According to data from UNICEF, the total number of girls married in childhood stands at 12 million per year.
    • It strives to end the practice by 2030 — the target set out in the Sustainable Development Goals.

    Where does India stand?

    GOOD:  Declining trend

    • There is a growing trend for a decline in the overall prevalence of child marriage.
    • In India, child marriage reduced from 47.4% in 2005-06 to 26.8% in 2015-16, registering a decline of 21% points during the decade.
    • In the last five years, it declined by 3.5% points to reach 23.3% in 2020-21, according to the latest National Family Health Survey-5 data.

    BAD: State-wise disparity is very higher

    • However, 3% is still a disturbingly high percentage in a country with a population of 141.2 crore.
    • Some states have a higher prevalence than the national average — West Bengal, Bihar and Tripura top the list with more than 40% of women aged 20-24 years married below 18 (NFHS).
    • In Kerala, women who got married before the age of 18 stood at 6.3% in 2019-20, from 7.6% in 2015-16.

    Laws and policy interventions in India

    • There are crucial laws that aim at protecting children from violation of human and other rights including the-
    1. Prohibition of Child Marriage Act, 2006 and
    2. Protection of Children from Sexual Offences Act, 2012
    • Raising the age of marriage: A parliamentary standing committee is weighing the pros and cons of raising the age of marriage for women to 21, which has been cleared by the Union Cabinet.
    • Beti Bachao Beti Padhao Scheme: It aims to address the issue of the declining child sex ratio image (CSR).
    • Kanyashree scheme: West Bengal’s scheme offers financial aid to girls wanting to pursue higher studies, though women’s activists have pointed. Bihar and other States have been implementing a cycle scheme to ensure girls reach safely to school, and UP has a scheme to encourage girls to go back to school.

    Way forward

    • Ensure education: Much of the benefits can be reaped by ensuring that women complete education at least up to 12 years.
    • Upskilling: Bangladesh shows that improving women’s education and imparting modern skills to them that increase their employability reduces child marriage and improves health and nutrition.
    • Educational attainment criteria in schemes: Schemes which ease the financial burden of marriage but the eligibility criteria of which should essentially link to educational attainment in addition to age demand attention.

    Conclusion

    • A legalistic approach to increasing the age at marriage will produce positive results only if it leads to an improvement in women’s education and skill acquisition for employability.
    • In the absence of an enhancement in women’s schooling or skills, a legalistic approach to ending child marriage might become counterproductive.

     

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  • What is Sealed Cover Jurisprudence?

    seal

    The Supreme Court has suggested a way out of routinely filing documents in sealed covers, especially in cases touching on national security.

    What did the apex Court say?

    • The court said the government could redact the sensitive portions and show the rest to the petitioners.
    • This would address both the state’s concerns about “national security” and the “right to know” of petitioners.

    What is Sealed Cover Jurisprudence?

    • It is a practice used by the Supreme Court and sometimes lower courts, of asking for or accepting information from government agencies in sealed envelopes that can only be accessed by judges.
    • A specific law does not define the doctrine of sealed cover.
    • The Supreme Court derives its power to use it from Rule 7 of order XIII of the Supreme Court Rules and Section 123 of the Indian Evidence Act of 1872.

    Nature of the power: Upholding Secrecy

    • If the Chief Justice or court directs certain information to be kept under sealed cover or considers it of confidential nature, no party would be allowed access to the contents of such information.
    • There is an exception to this if the Chief Justice himself orders that the opposite party be allowed to access it.
    • It also mentions that information can be kept confidential if its publication is not considered to be in the interest of the public.
    • As for the Evidence Act, official unpublished documents relating to state affairs are protected and a public officer cannot be compelled to disclose such documents.

    Grounds of such secrecy

    Other instances where information may be sought in secrecy or confidence is when its publication:

    1. Impedes an ongoing investigation of cases related to national security
    2. Details that are part of the police’s case diary or
    3. Breaches the privacy of an individual

    Prominent cases of sealed jurisprudence

    Sealed cover jurisprudence has been frequently employed by courts in the recent past.

    (1) Rafale Deal

    • In the case pertaining to the controversial Rafale fighter jet deal, a Bench headed by CJI Ranjan Gogoi in 2018, had asked the Centre to submit details related to deal’s decision making and pricing in a sealed cover.
    • This was done as the Centre had contended that such details were subject to the Official Secrets Act and Secrecy clauses in the deal.

    (2) Bhima Koregaon Case

    • In the Bhima Koregaon case, in which activists were arrested under the Unlawful Activities Prevention Act.
    • The Supreme Court had relied on information submitted by the Maharashtra police in a sealed cover.

    Issues with such jurisprudence

    • This practice appears to be unfavorable to the principles of transparency and accountability of the Indian justice system.
    • It stands in contrast to the idea of an open court, where decisions can be subjected to public scrutiny.
    • It is also said to enlarge the scope for arbitrariness in court decisions, as judges are supposed to lay down the reasoning for their decisions.
    • Besides, it is argued that not providing access to such documents to the accused parties obstructs their passage to a fair trial and adjudication.

     

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