Four police stations of New Delhi district have been certified as ‘Eat Right Campus’ by the Food Safety and Standards Authority of India (FSSAI).
Eat Right Campus
Eat Right India is a flagship mission of FSSAI, which aims at ensuring that the citizens of the country get safe and nutritious food.
The ‘Eat Right Campus’ initiative led by FSSAI aims to promote safe, healthy and sustainable food in campuses such as schools, universities, colleges, workplaces, hospitals, tea estates etc. across the country.
The objective is to improve the health of people and the planet and promote social and economic development of the nation.
The initiative is not mandatory to adopt.
Evaluation Criteria
Benchmarks have been created on four different parameters based on which campuses are evaluated and certified as ‘Eat Right Campus’.
These parameters include
Food safety measures, steps to ensure the provision of healthy, Environmentally sustainable food, and Building awareness to make the right food choices.
These practices include mandatory steps such as licensing and registration of food service providers in the campus and compliance to food safety and hygiene standards as per Schedule 4 of the Food Safety and Standards (FSS) Act, 2006.
Benefits of Eat Right Campus
It can provide immense benefits to the campus and the individuals on the campus not only in terms of health but also economics.
Safe, healthy, and sustainable food on the campus would reduce the incidence of food-borne illnesses, deficiency diseases, and non-communicable diseases among the people on the campus.
This means less absenteeism and loss of working hours and greater wellbeing, motivation, and productivity of people.
This would also reduce the burden of healthcare costs for the workplace, institution, hospital, jail, or tea estate.
Back2Basics: Food Safety and Standards Authority of India (FSSAI)
The FSSAI is an autonomous body established under the Ministry of Health & Family Welfare, Government of India.
It has been established under the Food Safety and Standards Act, 2006 which is a consolidating statute related to food safety and regulation in India.
It is responsible for protecting and promoting public health through the regulation and supervision of food safety.
It is headed by a non-executive Chairperson, appointed by the Central Government, either holding or has held the position of not below the rank of Secretary to the Government of India.
Last month, the Supreme Court upheld the 27% quota for Other Backward Classes (OBC) in the All-India Quota seats for the National Eligibility-cum-Entrance Test and reiterated that reservations for backward classes were not an exception but an extension of the principle of equality under Article 15(1) of the Constitution.
Multiple dimensions of reservation
The judgment highlighted how open competitive exams give the illusion of providing equal opportunity in ignorance of the widespread inequalities in educational facilities, the freedom to pursue such education, and societal prejudices.
Psychological and social effects: The Court pointed out how such disparities are not limited to the issue of access to good education or financial constraints alone, but also to the psychological and social effects of inherited cultural capital (communication skills, books, accent, academic accomplishments, social networks, etc.), which ensures the unconscious training of upper-caste children for high-grade performance.
The Constituent Assembly held a similar philosophy while introducing constitutional provisions which enable the government to make special provisions for the uplift of the “lower castes”.
Importance of justifiable data
The politicisation of issue: Political parties often promise reservation for communities on being brought to power without any credible data collection exercises to justify the decision.
It can be said that the faith of our citizens cannot be restored until credible exercises of data collection are undertaken regarding caste.
Lack of data on OBC: Even though data concerning the Scheduled Castes and Scheduled Tribes have been included in the Census, there is no similar data on OBCs.
Proper assessment: In the Indra Sawhney case, the Supreme Court held that the States must conclude the “backwardness” of a particular class of people only after proper assessment and objective evaluation.
It held that such a conclusion must be subject to periodic review by a permanent body of experts.
The National Commission for Backward Classes Act, 1993, provides under Section 11 that the Central government may every 10 years revise lists with a view to exclude those classes which have ceased to be backward and include new backward classes.
This exercise has not been done to date.
Impartial data and subsequent research might save the bona fide attempts of the uplift of the most backward classes from the shadow of caste and class politics and be informative to people on both sides of the spectrum – for and against reservation.
Calls for caste data in Census: Last year, many calls were made for the inclusion of caste data (including that of the OBCs) in the 2021 Census, and the matter reached the Supreme Court.
However, the government took the stand that the 2011 SECC was “flawed” and is “not usable”.
Conclusion
Caste data will enable independent research not only into the question of who does and does not need affirmative action but also into the effectiveness of this measure.
One year ago, the military in Myanmar attempted to grab power from the elected civilian government in a dramatic coup. Meanwhile, the deposed civilian lawmakers who were elected in free-and-fair elections in November 2020 put together their own government known as the National Unity Government (NUG).
The current situation in Myanmar
The coup faced popular resistance from the first day, with mass protests bringing the country to a halt.
According to the Assistance Association for Political Prisoners, as of January 28, 1,499 civilians have been killed in Myanmar since the coup.
Dozens of civilian militias, called People’s Defence Forces (PDF), now armed with more sophisticated weapons, mushroomed in nearly every region and state.
Today, the military is having to fight on multiple fronts, as even powerful ethnic armed groups in the north, northwest, and east have joined forces with the PDFs.
India’s approach towards situation in Myanmar
Balanced approach: Since the coup, India has taken a balanced diplomatic approach on Myanmar, calling for restraint, restoration of democracy, and release of political prisoners, but also maintaining its lines of communication with the military.
Avoiding sanctions: India has also firmly stayed away from imposing sanctions on the junta.
Why does India need to recalibrate its approach?
The last 12 months have made it clear that the military is incapable of providing the kind of political, economic, and social stability that India needs in Myanmar to advance its interests, including development projects.
Public faith in the military as a state institution is at its lowest.
Northeastern border issue: For New Delhi, India’s Northeastern border with Myanmar remains on top of the bilateral agenda.
However, even on this, the military has damaged whatever semblance of stability was left.
Sagaing region, which borders three Northeast Indian states, has seen the highest number of clashes so far.
Chin state, bordering Mizoram and Manipur, has seen dramatic military offensives in civilian areas, which have forced thousands to flee into India.
The Myanmar military has roped in Manipuri insurgents as mercenaries to attack anti-junta forces, in exchange for safe haven.
Way forward
New Delhi must reconsider its partnerships in Myanmar and invest in those entities that can not only provide a stable political environment overall but also effectively secure its security interests along the border.
The NUG enjoys much more mass popularity than the military, which means it is in a position to restore calm.
China has strong links with ethnic armed groups in northern Myanmar, but not with the new PDFs.
So, if India really wants to offset Chinese influence in Myanmar, it needs to take this opportunity to forge new friendships.
Conclusion
It is time India rapidly expanded its links with these entities, instead of playing by the old rules.
The Jammu and Kashmir Delimitation Commission has recently shared its interim report. One of the salient features of the report is the proposed reservation of nine seats for Scheduled Tribes (ST).
Reservation for STs in Legislative Assembly
It is for the first time that seats have been reserved for the ST community in the Legislative Assembly of J&K.
The commission has also proposed reserving seven seats for Scheduled Castes (SCs).
In the erstwhile Legislative Assembly, there were also seven seats reserved for SCs, but there was no such reservation for STs.
This denial of constitutionally guaranteed reservation under Article 332 post-1991 when four communities (the Gujjars, Bakerwals, Gaddis and Sippis) were granted ST status is a pointer to the harsh reality that discrimination has largely been deliberate.
Issue of reservation for STs in J&K
No role of Article 370: Nothing in Article 370 has prevented the provision of political reservation to STs or extension of the Forest Rights Act (FRA), 2006 to J&K.
The presence of Article 370 has often been given as a reason for the absence of reservation for the tribals in J&K though this is untrue.
Reservation for SCs: SCs in J&K had reservations even before the dilution of Article 370, and it was provided under the J&K Constitution.
This lack of political will stemmed from an unwillingness to share power with groups ethnically and culturally different from both Dogras and the Kashmiris, the two predominant power groups in J&K.
What has changed now?
The dilution of Article 370 on August 5, 2019, and the subsequent Jammu and Kashmir Reorganisation Act, 2019 changed political dynamics in the region.
As far as tribals are concerned, it promised them political reservation under Article 332 and led to the extension of the Forest Rights Act, 2006.
Essentially, it has changed the nature of tribal politics in J&K as well, which had largely centered around these two major objectives.
Way forward
Economic and social empowerment: The focus of tribal politics has to shift toward the economic and social empowerment of tribal communities.
Implementation of the Forest Rights Act has to be a major issue as it has the potential to significantly empower these communities.
The political mobilization of STs began many years ago, and the interim report has thrown up new challenges before STs than merely empowering them.
Awareness: It will not change after reservation unless there is an awareness and conscious attempt by the leadership to prioritize tribal interests over party politics.
Political relevance: The tendency to limit tribal politics to Rajouri and Poonch (which the interim report has also done) is the extension of past practice though the reality is that more than 68% of the ST population lives outside these districts.
Political relevance is a major challenge that tribal politics in J&K faces.
Community leaders, especially tribal youth, need to understand the significance of the tribal vote.
Tribal politics also have to address the political, social, and economic empowerment of marginal tribes such as the Bakerwals, Gaddis and Sippis.
Women empowerment: Women have to play a major role in tribal politics, and their participation and leadership have to be made feasible and suitably promoted.
They have proven their leadership in the District Development Council (DDC) elections, and it needs to be strengthened further.
Conclusion
The focus of tribal politics has to shift toward the economic and social empowerment of tribal communities, with a special focus on the effective implementation of welfare schemes and policies for STs in J&K.
India has hit out at the Organisation of Islamic Cooperation (OIC), saying it was “hijacked by vested interests” over its remark on Karnataka Hijab Row.
What is OIC?
The OIC — formerly Organisation of the Islamic Conference — is the world’s second-largest inter-governmental organization after the UN, with a membership of 57 states.
The OIC’s stated objective is “to safeguard and protect the interests of the Muslim world in the spirit of promoting international peace and harmony among various people of the world”.
OIC has reserved membership for Muslim-majority countries. Russia, Thailand, and a couple of other small countries have Observer status.
India and OIC
At the 45th session of the Foreign Ministers’ Summit in 2018, Bangladesh suggested that India, where more than 10% of the world’s Muslims live, should be given Observer status.
In 1969, India was dis-invited from the Conference of Islamic Countries in Rabat, Morocco at Pakistan’s behest.
Then Agriculture Minister Fakhruddin Ali Ahmed was dis-invited upon arrival in Morocco after Pakistan President Yahya Khan lobbied against Indian participation.
Recent developments
In 2019, India made its maiden appearance at the OIC Foreign Ministers’ meeting in Abu Dhabi, as a “guest of honor”.
This first-time invitation was seen as a diplomatic victory for New Delhi, especially at a time of heightened tensions with Pakistan following the Pulwama attack.
Pakistan had opposed the invitation to Swaraj and it boycotted the plenary after the UAE turned down its demand to rescind the invitation.
What is the OIC’s stand on Kashmir?
It has been generally supportive of Pakistan’s stand on Kashmir and has issued statements criticizing India.
Last year, after India revoked Article 370 in Kashmir, Pakistan lobbied with the OIC for their condemnation of the move.
To Pakistan’s surprise, Saudi Arabia and the UAE — both top leaders among the Muslim countries — issued nuanced statements, and were not as harshly critical of New Delhi as Islamabad had hoped.
Since then, Islamabad has tried to rouse sentiments among the Islamic countries, but only a handful of them — Turkey and Malaysia — publicly criticized India.
How has India been responding?
India has consistently underlined that J&K is an integral part of India and is a matter strictly internal to India.
The strength with which India has made this assertion has varied slightly at times, but never the core message.
It has maintained its “consistent and well known” stand that the OIC had no locus standi.
This time, India went a step ahead and said the grouping continues to allow itself to be used by a certain country “which has a record on religious tolerance, radicalism, and persecution of minorities”.
OIC members and India
Individually, India has good relations with almost all member nations. Ties with the UAE and Saudi Arabia, especially, have looked up significantly in recent years.
The OIC includes two of India’s close neighbors, Bangladesh and Maldives.
Indian diplomats say both countries privately admit they do not want to complicate their bilateral ties with India on Kashmir but play along with OIC.
Way ahead
India now sees the duality of the OIC as untenable, since many of these countries have good bilateral ties and convey to India to ignore OIC statements.
But these countries sign off on the joint statements which are largely drafted by Pakistan.
India feels it important to challenge the double-speak since Pakistan’s campaign and currency on the Kashmir issue has hardly any takers in the international community.
Maharashtra may follow several other big states and opt-out Pradhan Mantri Fasal Bima Yojana (PMFBY), the government’s much-highlighted crop insurance scheme.
Why do many states want to opt-out?
The major reasons are denial and delay of claims along with a huge subsidy burden on state governments.
The farmers are facing a problem with timely claim settlement.
Maharashtra is studying the Beed Model for insurance settlement.
Who else has stepped out?
Andhra Pradesh, Jharkhand, Telangana, Bihar, Gujarat (PM’s home state), Punjab and West Bengal — all predominantly agriculture states — have already opted out of the scheme.
Some of these states have their own insurance schemes.
What is PMFBY?
The PMFBY was launched in February 2016. It is being administered by Ministry of Agriculture.
It provides a comprehensive insurance cover against failure of the crop thus helping in stabilising the income of the farmers.
It is implemented by empanelled general insurance companies.
The scheme is compulsory for loanee farmers availing Crop Loan /KCC account for notified crops and voluntary for other others.
Its functioning
PMFBY insures farmers against all non-preventable natural risks from pre-sowing to post-harvest.
Farmers have to pay a maximum of 2 per cent of the total premium of the insured amount for kharif crops, 1.5 per cent for rabi food crops and oilseeds as well as 5 per cent for commercial / horticultural crops.
The balance premium is shared by the Union and state governments on a 50:50 basis and on a 90:10 basis in the case of northeastern states.
Farmers covered
All farmers growing notified crops in a notified area during the season who have insurable interest in the crop are eligible.
To address the demand of farmers, the scheme has been made voluntary for all farmers from Kharif 2020.
Earlier to Kharif 2020, the enrolment under the scheme was compulsory for following categories of farmers:
Farmers in the notified area who possess a Crop Loan account/KCC account (called as Loanee Farmers) to whom credit limit is sanctioned/renewed for the notified crop during the crop season. and
Such other farmers whom the Government may decide to include from time to time.
Risks covered under the scheme
Comprehensive risk insurance is provided to cover yield losses due to non-preventable risks, such as Natural Fire and Lightning, Storm, Hailstorm, Cyclone, Typhoon, Tempest, Hurricane, Tornado.
Risks due to Flood, Inundation and Landslide, Drought, Dry spells, Pests/ Diseases also will be covered.
In post-harvest losses, coverage will be available up to a maximum period of 14 days from harvesting for those crops which are kept in “cut & spread” condition to dry in the field.
For certain localized problems, Loss/damage resulting from the occurrence of identified localized risks like hailstorm, landslide, and Inundation affecting isolated farms in the notified area would also be covered.
Back2Basics: Beed Model
The model of crop insurance in place in Maharashtra’s Beed district is being studied by a central government panel set up to suggest suitable working models for PMFBY.
In the Beed model, there is a cap on the profit of the insurance companies.
If the claims exceed the insurance cover, the state government pays the bridge amount.
If the claims are less than the premium collected, the insurance company keeps 20 per cent of the amount as handling charges and reimburses the rest to the state government.
This is expected to reduce burden of subsidies from state.
India plans to prepare digital maps of all its 6,00,000 villages and pan-India 3D maps will be prepared for 100 cities to mark a year of the updated geospatial policy guidelines under the SVAMITVA Scheme.
What is SVAMITVA Scheme?
SVAMITVA stands for Survey of Villages and Mapping with Improvised Technology in Village Areas.
Under the scheme, the latest surveying technology such as drones will be used for measuring the inhabited land in villages and rural areas.
The mapping and survey will be conducted in collaboration with the Survey of India, State Revenue Department and State Panchayati Raj Department under the Ministry of Panchayati Raj.
The drones will draw the digital map of every property falling in the geographical limit of each Indian village.
Property Cards will be prepared and given to the respective owners.
Broad Objectives
Leveraging property as a financial asset by the citizens of rural India
Creation of accurate land records for rural planning
Provide an integrated property validation solution for rural India
Serve as a means of reduction in property-related disputes. Facilitate with the determination of property tax
Creation of survey infrastructure and GIS (Geographic Information System) maps that can be used by any department or agency
Features of the Scheme
Accurate survey: SVAMITVA Scheme uses the combination of Survey Grade Drones and CORS network (Continuously Operated Reference Stations) to accurately survey large areas in a very short span of time.
High resolution: The 1:500 scale maps generated through the drone survey are of very high accuracy i.e., 3-5 cms, which the conventional methodology does not provide.
Geo-tagging: Moreover, editable and geo-tagged maps are produced at a fraction of the cost without the need for line-of-sight.
Permanent records: These maps facilitate the creation of the most durable record of property holdings in areas with no legacy revenue records.
What are the updated guidelines?
The updated guidelines help private companies to prepare a variety of maps without needing approvals from a host of ministries.
They aim to make it easier to use drones and develop applications via location mapping.
It encompasses the trinity of geospatial Systems, Drone Policy, and unlocked Space Sector will be the hallmark of India’s future economic progress.
Recently, six students were banned from entering a college in Karnataka’s Udupi district for wearing a hijab (a head covering worn in public by some Muslim women).
The issue throws up legal questions on reading the freedom of religion and whether the right to wear a hijab is constitutionally protected.
How is religious freedom protected under the Constitution?
Article 25(1) of the Constitution guarantees the “freedom of conscience and the right freely to profess, practise and propagate religion”.
It is a right that guarantees a negative liberty — which means that the state shall ensure that there is no interference or obstacle to exercise this freedom.
However, like all fundamental rights, the state can restrict the right for grounds of public order, decency, morality, health and other state interests.
Observations made by the Supreme Court in this matter:
People have a right under the Constitution to profess, practise and propagate religion (Article 25).
Every person is the final judge of his/her choice of religion or who their life partner should be. Courts cannot sit in judgment of a person’s choice of religion or life partner.
Religious faith is a part of the fundamental right to privacy.
Karnataka Education Act, 1983
It stated that students will have to wear dress chosen by the appellate committee of the administrative board of pre-university colleges or college development committee.
The Act seeks to provide for:
Planned development of educational institutions
Inculcation of healthy educational practice
Maintenance and improvement in standards of education
Better organisation discipline and
Control over educational institutions in the State,
With the objective of fostering harmonious development of mental and physical faculties of students.
What is section 133 (2)?
Section 133 (2) of the act mandates that, a uniform style of clothes has to be worn compulsorily. However, private school administration can choose uniform of their choice.
It provides state the power to “give directions to officers or authorities under its control, which are necessary or expedient to carry out purposes of the Act.
It shall be the duty of officer or authority to comply with the directions.
Current status
The court is considering the issue whether the wearing of head scarf comes within fundamental right under Article 25.
One more question which may require consideration is whether the wearing of a head scarf is part of essential religious practice.
Interim order passed by Karnataka HC: The court said that till the matter is pending consideration before the Court, these students and all the stakeholders, shall not insist on wearing religious garments, maybe a head dress or saffron shawl.
Why do some Muslim women wear burkas?
According to Muslim scholars, the Koran calls for both men and women to ‘cover and be modest’.
As with many other religious scriptures, the reference to dress is open to interpretation and has been shaped by centuries of cultures in different nations.
Some scholars argue that it is a religious obligation, particularly the more conservative factions within the Muslim world. There are many variations and interpretations.
What is Hijab?
Hijab is a scarf or clothing worn by Muslim women to cover their hair in order to maintain modesty and privacy from unrelated males either in public or at home.
The concept, however, is not unique to Islam but embraced by other religions too such as Judaism and Christianity.
History of Hijab in Islam
Veiling during Mohammad’s lifetime
Historic pieces of evidence suggest that veiling was not introduced in Arabia by the last Prophet of Islam, but already existed there and was associated with high social status.
Spread of Islam and its traditions
As Islam propagated through the Middle East to parts of Africa and Central Asia, and different societies around the Arabian Sea, it incorporated local veiling customs and influenced others.
However, the veil was neither compulsory nor widely accepted by many generations after Mohammad.
But it gained momentum after male scriptural and legal scholars began using their religious and political authority to regain the dominance they lost in society due to the Prophet’s egalitarian reforms.
Veiling by upper-class Arab women
Soon, the Upper-class Arab women adopted veiling while the poor ones were slow to adopt as it interfered with their work in the fields.
The practice was both adopted as an appropriate expression of Qur’anic ideals regarding modesty and as a silent announcement that the women’s husband was rich enough to keep her idle.
Westernization of Muslim Countries
Westernization started dominating Muslim countries between the 1960s and 1970s. However, in 1979, widespread demonstrations were carried out in Iran after the hijab law was brought in.
The law decreed that the women in the country would have to wear scarves to leave their houses. While the law over hijab was passed in Iran, it was not the same for all Muslim countries.
The resurgence of hijab began in Egypt in the late-twentieth century as a means to reunite and rededicate to the Islamic faith.
The movement was known as Sahwah and the female pioneers of the movement adopted the Islamic dress.
The movement gained impetus and the practice became more widespread among Muslim women. They wore it publicly to announce their religious beliefs as well as reject western influences of dress and culture that were prevalent at the time.
Different kinds of Islamic clothing
Hijab: The hijab covers the hair and chest and is common among Muslim women in South East Asia. Hijab is also a general term referring to the practice of wearing veils of all kinds.
Niqab: It is a veil that covers the face and head, keeping the eye area open.
Burqa: covers the entire body including the whole face, with a mesh window for the woman to see out of.
Khimar: It is a long scarf that covers the head and chest but keeps the face uncovered.
Shayla: A rectangular piece of cloth wrapped around the head and pinned in place.
What is the essential religious practices test?
Shirur Mutt case: In 1954, the Supreme Court held that the term “religion” will cover all rituals and practices “integral” to a religion.
The test to determine what is integral is termed the “essential religious practices” test.
The test, a judicial determination of religious practises, has often been criticised by legal experts as it pushes the court to delve into theological spaces.
In criticism of the test, scholars agree that it is better for the court to prohibit religious practices for public order rather than determine what is so essential to a religion that it needs to be protected.
Several instances of a court applying the test
In a 2004 ruling, the SC held that the Ananda Marga sect had no fundamental right to perform Tandava dance in public streets, since it did not constitute an essential religious practice of the sect.
While these issues are largely understood to be community-based, there are instances in which the court has applied the test to individual freedoms as well.
For example, in 2016, the SC upheld the discharge of a Muslim airman from the Indian Air Force for keeping a beard.
Armed Force Regulations, 1964, prohibits the growth of hair by Armed Forces personnel, except for “personnel whose religion prohibits the cutting of hair or shaving of face”.
The court essentially held that keeping a beard was not an essential part of Islamic practices.
How have courts ruled so far on the issue of a hijab?
There are two set of rulings of the Kerala High Court, particularly on the right of Muslim women to dress according to the tenets of Islam, throw up conflicting answers.
In 2015, at least two petitions were filed before the Kerala High Court challenging the prescription of dress code for NEET exam which prescribed wearing clothes with certain dress code.
Here the Kerala HC directed the CBSE to put in place additional measures for checking students who“intend to wear a dress according to their religious custom, but contrary to the dress code”.
Amna Bint Basheer v Central Board of Secondary Education (2016): Here, the Kerala HC examined the issue more closely.
The Court held that the practice of wearing a hijab constitutes an essential religious practice but did not quash the CBSE rule.
The court once again allowed for the “additional measures” and safeguards put in place in 2015.
Fathima Tasneem v State of Kerala (2018): On the issue of a uniform prescribed by a school, the Kerala HC held that collective rights of an institution would be given primacy over individual rights of the petitioner.
Seven questions pending before Supreme Court
The row over wearing hijab has brought back into focus a case on the “scope and ambit” of religious freedom, which has been pending before a Constitution Bench of nine judges for two long years.
The seven questions pending an answer from the nine-judge Bench are:
What is the scope and ambit of right to freedom of religion under Article 25 of the Constitution;
What is the inter-play between the rights of persons under Article 25 of the Constitution and rights of religious denomination under Article 26;
Whether the rights of a religious denomination are subject to other provisions of Part III of the Constitution apart from public order, morality and health;
What is the scope and extent of the word ‘morality’ under Articles 25 and 26 and whether it is meant to include constitutional morality;
What is the scope and extent of judicial review with regard to a religious practice as referred to in Article 25;
What is the meaning of expression “sections of Hindus” occurring in Article 25 (2) (b);
Whether a person not belonging to a religious denomination or religious group can question a practice of that religious denomination or religious group by filing a PIL?”
Way Forward
Pluralism and inclusiveness are characterised by religious freedom. Its purpose is to promote social harmony and diversity.
There is no one uniform code today which is mandated throughout the State. It would be a depressing response from a government that prioritises uniformity over diversity.
Religious fanaticism, whether by the majority or the minority, has only damaged the secular mosaic.
Despite many criticisms of the practice of hijab being oppressive and detrimental to women’s equality, many Muslim women view the way of dress to be a positive thing.
The dress code was seen as a way to avoid harassment and unwanted sexual advances in public and works to desexualize women in the public sphere to allow them to enjoy equal rights of completely legal, economic, and political status.
Last week, the Punjab and Haryana High Court admitted a petition challenging the constitutionality of the Act, and stayed the implementation until it heard the case.
Laws raises constitutional questions
There are at least three important constitutional questions that arise from this Act.
[1] Violation of Article 19(1)(g)
Article 19(1)(g) of the Constitution guarantees freedom to carry out any occupation, trade or business.
There may be reasonable restrictions “in the interests of the general public”, and in particular related to specifying any professional or technical qualifications, or to reserve a sector for government monopoly.
This Act, by requiring private businesses to reserve 75% of lower end jobs for locals, encroaches upon their right to carry out any occupation.
In 2005, in the P.A. Inamdar case, Supreme Court said that reservation cannot be mandated on educational institutions that do not receive financial aid from the state, as that would affect the freedom of occupation.
[2] Violation of Article 16
The provision of reservation by virtue of domicile or residence may be unconstitutional.
Article 16 of the Constitution specifically provides for equality of opportunity for all citizens in public employment.
It prohibits discrimination on several grounds including place of birth and residence.
However, it permits Parliament to make law that requires residence within a State for appointment to a public office.
This enabling provision is for public employment and not for private sector jobs.
And the law needs to be made by Parliament, and not by a State legislature.
[3] Breaching of 50% limit
In the Indra Sawhney case in 1992, the Supreme Court capped reservations in public services at 50%.
It however said that there may be extraordinary situations which may need a relaxation in this rule.
It also specified that “in doing so, extreme caution is to be exercised and a special case made out”.
That is, the onus is on the State to make a special case of exceptional circumstances, for the 50% upper limit on reservations to be relaxed.
It stated that the 50% limit is “to fulfil the objective of equality”, and that to breach the limit “is to have a society which is not founded on equality but on caste rule”.
The Haryana Act does not further “caste rule” as it is for all residents of the State irrespective of caste but it breaches the notion of equality of all citizens of India.
[4] Against the conception of India as a one nation
The Constitution conceptualises India as one nation with all citizens having equal rights to live, travel and work anywhere in the country.
These State laws go against this vision by restricting the right of out-of-State citizens to find employment in the State.
This restriction may also indirectly affect the right to reside across India as finding employment becomes difficult.
If more States follow similar policies, it would be difficult for citizens to migrate from their State to other States to find work.
[5] Economic implications
The move may potentially increase the costs for companies.
There may also be an increase in income inequality across States as citizens of poorer States with fewer job opportunities are trapped within their States.
Conclusion
The courts, while looking at the narrow questions of whether these laws violate fundamental rights, should also examine whether they breach the basic structure of the Constitution that views India as one nation which is a union of States, and not as a conglomeration of independent States.
Poll-bound Uttarakhand CM’s announcement to prepare a draft of the Uniform Civil Code (UCC) in the State, raises questions over whether an individual State can bring its own family law code.
What is a Uniform Civil Code?
A Uniform Civil Code is one that would provide for one law for the entire country, applicable to all religious communities in their personal matters such as marriage, divorce, inheritance, adoption, etc.
Article 44, one of the directive principles of the Constitution lays down that the state shall endeavor to secure a Uniform Civil Code for the citizens throughout the territory of India.
These, as defined in Article 37, are not justiciable (not enforceable by any court) but the principles laid down therein are fundamental in governance.
Why need UCC?
UCC would provide equal status to all citizens
It would promote gender parity in Indian society.
UCC would accommodate the aspirations of the young population who imbibe liberal ideology.
Its implementation would thus support the national integration.
Hurdles to UCC implementation
There are practical difficulties due to religious and cultural diversity in India.
The UCC is often perceived by the minorities as an encroachment on religious freedom.
It is often regarded as interference of the state in personal matters of the minorities.
Experts often argue that the time is not ripe for Indian society to embrace such UCC.
UCC vs. Right to Freedom of Religion
Article 25 lays down an individual’s fundamental right to religion;
Article 26(b) upholds the right of each religious denomination or any section thereof to “manage its own affairs in matters of religion”;
Article 29 defines the right to conserve distinctive culture.
An individual’s freedom of religion under Article 25 is subject to “public order, health, morality” and other provisions relating to FRs, but a group’s freedom under Article 26 has not been subjected to other FRs.
In the Constituent Assembly, there was division on the issue of putting UCC in the fundamental rights chapter. The matter was settled by a vote.
By a 5:4 majority, the fundamental rights sub-committee headed by Sardar Patel held that the provision was outside the scope of FRs and therefore the UCC was made less important.
Enacting and Enforcing UCC: A reality check
Fundamental rights are enforceable in a court of law.
While Article 44 uses the words “the state shall endeavor”, other Articles in the ‘Directive Principles’ chapter use words such as “in particular strive”; “shall, in particular, direct its policy”; “shall be an obligation of the state” etc.
Article 43 mentions “state shall endeavor by suitable legislation” while the phrase “by suitable legislation” is absent in Article 44.
All this implies that the duty of the state is greater in other directive principles than in Article 44.
What are more important — fundamental rights or directive principles?
There is no doubt that fundamental rights are more important.
The Supreme Court held in Minerva Mills (1980): Indian Constitution is founded on the bedrock of the balance between Parts III (Fundamental Rights) and IV (Directive Principles).
To give absolute primacy to one over the other is to disturb the harmony of the Constitution.
Article 31C inserted by the 42nd Amendment in 1976, however, lays down that if a law is made to implement any directive principle, it cannot be challenged on the ground of being violative of the FRs under Articles 14 and 19.
What about Personal Laws?
Citizens belonging to different religions and denominations follow different property and matrimonial laws which are an affront to the nation’s unity.
If the framers of the Constitution had intended to have a UCC, they would have given exclusive jurisdiction to Parliament in respect of personal laws, by including this subject in the Union List.
But “personal laws” are mentioned in the Concurrent List.
Various customary laws
All Hindus of the country are not governed by one law, nor are all Muslims or all Christians.
Muslims of Kashmir were governed by a customary law, which in many ways was at variance with Muslim Personal Law in the rest of the country and was, in fact, closer to Hindu law.
Even on registration of marriage among Muslims, laws differ from place to place.
In the Northeast, there are more than 200 tribes with their own varied customary laws.
The Constitution itself protects local customs in Nagaland. Similar protections are enjoyed by Meghalaya and Mizoram.
Even reformed Hindu law, in spite of codification, protects customary practices.
Minority opinion in the Constituent Assembly
Some members sought to immunize Muslim Personal Law from state regulation.
Mohammed Ismail, who thrice tried unsuccessfully to get Muslim Personal Law exempted from Article 44, said a secular state should not interfere with the personal law of people.
B Pocker Saheb said he had received representations against a common civil code from various organizations, including Hindu organizations.
Hussain Imam questioned whether there could ever be uniformity of personal laws in a diverse country like India.
B R Ambedkar said, “no government can use its provisions in a way that would force the Muslims to revolt”.
Alladi Krishnaswami, who was in favor of a UCC, conceded that it would be unwise to enact UCC ignoring strong opposition from any community.
Gender justice was never discussed in these debates.
Conclusion
Article 44 of the Constitution creates an obligation upon the State to endeavour to secure for citizens a Uniform Civil Code throughout the country.
The purpose behind UCC is to strengthen the object of “Secular Democratic Republic” as enshrined in the Preamble of the Constitution.
This provision is provided to effect the integration of India by bringing communities on the common platform on matters which are at present governed by diverse personal laws.
Hence UCC should be enforced taking into confidence all the sections of Indian society.
Goa’s Portuguese Civil Code of 1867 is an example of a common family law existing in harmony.
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