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GS Paper: GS2

  • National Council for Transgender Persons

    The Ministry of Social Justice and Empowerment has constituted the National Council for Transgender Persons.

    Try this question for mains:

    Q.Discuss the salient features of the Transgender Persons (Protection of Rights) Bill, 2019. What are its various shortcomings?

    National Council for Transgender Persons

    • It has been a requirement under the Transgender Persons (Protection of Rights) Act, 2019.
    • The Social Justice Minister would be the chairperson of the Council.
    • The members would include officials of the Ministries of Health, MHA, MoHUA, Minority Affairs, HRD etc. among others.
    • The council also includes five nominated members from the transgender community.

    Its mandate

    • The council would work with States to ensure that transgender welfare boards are set up in all States and essential needs of the community, like housing, food, healthcare and education are met.

    Also read:

    https://www.civilsdaily.com/news/parliament-passes-transgender-persons-protection-of-rights-bill-2019/

  • Increasing age of marriage will be exercise of carceral power by state

    The article examines the issue of the age of marriage of girls and its relation with their education level and economic status.

    Trends in early marriage

    • The National Family Health Survey (NFHS-4) data 2015-16 points to certain trends in early marriages:
    • That rural women are likely to marry earlier than their urban counterparts.
    • The higher up a woman is on the wealth quintile, the later she marries.
    • Most importantly, it establishes a direct causal link between education levels and delayed age of marriage.
    • Women with 12 years or more of schooling are most likely to marry later.
    • Only 8 per cent rural girls who drop out in the age group 6 to 17 years cite marriage as the reason.

    Impact on STs and SCs

    • According to the wealth quintile data, the poorest households are concentrated in rural India.
    • The lowest quintile, which is most likely to marry off their girls early out of socio-economic necessities, have 45 per cent of the Scheduled Tribe (ST) and 25.9 per cent Scheduled castes.
    • The NFHS-4 data on women aged 15-49 by number of years of schooling completed shows that 42 per cent ST women and 33 per cent SC women have received no schooling.

    Issues

    • Marriages in India are governed by various personal laws which set varying minimum ages for girls as also the Prohibition of Child Marriage Act (PCMA), 2006, where it is 18 years for girls and 21 for boys.
    • This is compounded by The Protection of Children from Sexual Offences (POCSO) Act, 2012, that increased the age of consent, from 16 years to 18 years.
    • Several studies have shown how this has criminalised self-arranged adolescent marriages as parents often misuse it to punish couples marrying without their approval, especially in cases of inter-caste marriages.

    Way forward

    • The National Human Rights Commission showed how higher education levels lead to a lower likelihood of women being married early and recommended that the Right to Education Act, 2009, be amended to make it applicable up to the age of 18 years.
    • Noting the law’s patriarchal underpinnings, the 18th Law Commission report (2008) asked for uniformity in the age of marriage at 18 years for both men and women and lowering the age of consent to 16 years. Government could act on such a recommendation.

    Consider the question “What are the advantages of increasing the minimum age of marriage for girls. Also, examine the issues with the move.

    Conclusion

    The median age at first marriage for both men and women in India has registered a significant decadal improvement with more people now marrying later than ever before. Any attempt to leapfrog through quick-fix and ill-conceived punitive measures will only considerably reverse these gains.

  • Naga peace process

    The article analyses the issue of Naga peace process and the problem of identifying the stakeholders in the process.

    Naga Polity and aspirations

    • The  Nagas family comprises over 25 tribes.
    • Each of these is a proud owner and inheritor of a distinct culture, language, tradition and geography, supporting a distinct world view.
    • However, many Nagas aspire to Naga unity, and they view those tribal loyalties as residues of a premodern past and an obstacle to Naga solidarity.
    • Naga nationalism is connected with the idea Naga homeland  that includes contiguous areas in a number of Northeastern states, and even parts of Myanmar.

    “Unique history” formulation

    • The source of the phrase can be traced back to a joint communiqué that NSCN-IM General Secretary Thuingaleng Muivah and former Home Secretary K Padmanabhaiah signed in Amsterdam on July 11, 2002.
    • Meaning of the phrase “unique history” is not self-explanatory.
    • Despite the lack of clarity, it is adopted by officials and political leaders intended to accept two things-
    • (a) the characterisations long favoured by security bureaucrats of the Naga political struggle as a separatist insurgency or a terrorist movement that makes false claims to Naga unity, are inaccurate and
    • (b) rejecting those labels [ such as separatist insurgency or terrorist movement] is a necessary condition for negotiations based on mutual respect.
    • Those are significant achievements that should not be allowed to wither away.

    Negotiating with NSCN-IM and issues with it

    • NSCN-IM had declared the Shillong Accord of 1975 a sellout, and a betrayal of the Naga cause.
    • But it emerged as a serious political force precisely because it stood for Naga unity.
    • However, it is argued that NSCN-IM’s appeal is limited to the Tangkhul tribes of Manipur only.

    Consider the question “The issues of identifying the stakeholders in the Naga peace process is at the root of the solution to the peace problem. Also, examine the other factors which make the resolution elusive. Suggest the measures to resolve the issue.”

    Conclusion

    That a more nuanced negotiating strategy is now emerging is a positive development. But the fundamental question about who all the stakeholders in the Naga conflict are, still needs a satisfactory answer, one that is based on an in-depth mapping of the conflict. Only then can we expect peaceful dialogue and patient negotiations to end the conflict and bring about a durable peace.

  • Explained: Pakistan-Saudi Rift

    The rift between Pakistan and Saudi Arabia over Jammu and Kashmir is out in the open after a delegation led by Pak Army Chief was denied a meeting with Crown Prince Mohammed bin Salman (MBS).

    Try this question:

    Q. Discuss the new geopolitical realignment in the Arab world and India’s role in it.

    Take a look after how the ties emerged and deteriorated:

    Saudi-Pakistan ties: A Recap

    • The relationship between Saudi Arabia and Pakistan was most prominent during the 1971 war between India and Pakistan.
    • Saudi Arabia is also reported to have transferred arms and equipment including the loan of some 75 aircraft to Pakistan.
    • After the war, Saudi Arabia consistently supported the call for the return of Pakistan’s prisoners of war and for dropping the Dacca (Dhaka) Trial against 195 of them.
    • After the war, Saudi Arabia gave loans to Pakistan enabling it to buy arms worth about $1 million by 1977, including F-16s and Harpoon missiles from the US.
    • Saudi oil and dollars have kept Pakistan’s economy on its feet after sanctions following the nuclear tests.
    • Over the last two decades, Saudi Arabia has provided oil on deferred payments to Pakistan whenever it ran into economic difficulty.
    • Saudi funding of madrasas has also led to their mushrooming, later giving rise to religious extremism.
    • In 1990, Pakistan sent its ground forces to defend Saudi Arabia against Iraq’s invasion of Kuwait.

    Alignment over Kashmir

    • The alignment over Kashmir at the Organisation of Islamic Conference (OIC) crystallized since 1990 when the insurgency in J&K began.
    • While the OIC has issued statements over the last three decades, it became a ritual of little significance to India.
    • Last year, after India revoked Article 370 in Kashmir, Pakistan lobbied with the OIC for its condemnation of India’s move.
    • To Pakistan’s surprise, Saudi Arabia and the UAE issued statements that were nuanced rather than harshly critical of New Delhi.
    • Over the last year, Pakistan has tried to rouse the sentiments among the Islamic countries, but only a handful of them — Turkey and Malaysia — publicly criticised India.

    The Saudi perspective

    • Saudi Arabia’s change in position has been a gradual process under Crown Prince MBS.
    • As it seeks to diversify from its heavily oil-dependent economy, it sees India as a valuable partner in the region.
    • New Delhi, for its part, has wooed the Arab world over the last six years.
    • From Saudi Arabia to the UAE, it worked the diplomatic levers through high-level visits and dangled opportunities for investment and business
    • MBS, who is looking to invest in India, has taken a realistic view, along with UAE’s crown prince Mohammed bin Zayed.

    Energy connection to India

    • Saudi Arabia is India’s fourth-largest trade partner (after China, US and Japan) and a major source of energy: India imports around 18% of its crude oil requirement from the Kingdom.
    • Saudi Arabia is also a major source of LPG for India.
    • And, with India stopping oil imports from Iran due to the threat of US sanctions, Saudi Arabia is key in this respect as well.

    Saudi-Pakistan tension

    The tension between Saudi Arabia and Pakistan has been brewing for some time.

    • In 2015, Pakistan’s Parliament decided not to support the Saudi military effort to restore an internationally recognised government in Yemen.
    • Later, Pakistan’s then army chief General Raheel Sharif led the Saudi-led Islamic Military Alliance to Fight Terrorism, comprising 41 Muslim countries.
    • In February 2019, after the Pulwama terror attack, it was Saudi Arabia and the UAE that pulled their weight to get Wing Commander Abhinandan released, apart from the US.
    • The Saudi Crown Prince visited Pakistan and India at that time and made it clear that he valued economic opportunities. He did not wade into the Kashmir issue in India or the terrorism issue in Pakistan.

    Frustration over Kashmir

    A year after Article 370 was revoked, Qureshi belled the cat.

    • Pak accuses that Saudi Arabia has failed to deliver on the Kashmir and OIC had not played a leadership role in backing Pakistan against India.
    • This angered Saudi Arabia, which in November 2018 had announced a $6.2 billion loan package for Pakistan.
    • The package included $3 billion in loans and an oil credit facility amounting to $3.2 billion.
    • Riyadh demanded the return of the $3 billion loans and refused to sell oil to Islamabad on deferred payment. Pakistan immediately returned $1 billion, displaying the rift.
    • But, in the current economic situation, Pakistan is unable to pay the next tranche.
    • What has also angered Saudi Arabia is that Pakistan has been trying to pander to Turkey and Malaysia.

    The China factor

    • Pakistan and China have called themselves “all-weather allies” and “iron brothers” (during FMs meet).
    • Over the last year, Beijing has supported Pakistan on Kashmir, raising the issue at the UN Security Council thrice.
    • China has also emerged as Pakistan’s biggest benefactor through its funding of the CPEC.
    • Saudi Arabia too has invested in CPEC projects, to the tune of $10 billion, but Pakistan now looks towards Beijing for both diplomatic and economic support.

    Implications for India

    • Saudi’s silence on J&K as well as CAA-NRC has emboldened the Indian government.
    • At a time when India and China are locked in a border standoff, India has to be wary of Pakistan and China teaming up.
    • But with Saudi Arabia in its corner, for now, it may have leverage over Pakistan — Riyadh would not want a conflict and regional instability.
    • What is key to India’s calculus is that the Pakistan-China and the Pakistan-Saudi axes are not fused together at the moment: It is not a Saudi-Pakistan-China triangle.

  • Mulgaonkar principles in Contempt Cases

    In the criticism against the Supreme Court’s ruling that held advocate Prashant Bhushan guilty of contempt of court, his counsel has invoked the ‘Mulgaonkar Principles’, urging the court to show restraint.

    Try this MCQ:

    Q. The Mulgaonkar principles recently seen in news are related to:

    Diplomacy/ Economy/ Judiciary/ Environment

    The Mulgaonkar principles

    • S Mulgaonkar v Unknown (1978) is a case that led to a landmark ruling on the subject of contempt.
    • By a 2:1 majority, the court held Mulgaonkar not guilty of contempt although the same Bench had initiated the proceedings.
    • Justices P Kailasam and Krishna Iyer formed the majority going against then CJI M H Beg.
    • Justice Iyer’s counsel of caution in exercising the contempt jurisdiction came to be called the Mulgaonkar principles.

    What was the case about?

    • An article by A G Noorani in the newspaper about certain judicial decisions during the Emergency period, especially the Habeas Corpus case, had displeased then CJI Beg.
    • The Habeas Corpus case, often referred to as the “Supreme Court’s darkest hour” upheld the detention law, citing that even the right to life can be suspended during an emergency.
    • Justices A N Ray, Beg, Y V Chandrachud and P N Bhagwati formed the majority while Justice H R Khanna was the sole dissenter.

    What did the ruling say?

    • The first rule in the branch of power is a “wise economy of use by the Court of this branch of its jurisdiction”.
    • The Court will act with seriousness and severity where justice is jeopardized by a gross and/or unfounded attack on the judges, where the attack is calculated to obstruct or destroy the judicial process.
    • The court is willing to ignore, by a majestic liberalism, trifling and venial offenses-the dogs may bark, the caravan will pass.
    • The court will not be prompted to act as a result of an easy irritability.

     

  • Increasing the age of marriage for girls and related issues

    The article analyses the issues with objectives of increasing the age of marriage for girls.

    Poverty of mother: Important factor

    • Raising the age of marriage is the could be the way to improve the health and nutritional status of mothers and their infants.
    • An article published in the journal The Lancet Child and Adolescent Health analyses data on stunting in children and thinness in mothers in the latest round of the National Family Health Survey 4 (2015-16).
    •  The authors examine the strength of the association between many different causal factors.
    •  As it turns out, the poverty of the mother plays the greatest role of all by far.
    • Instead of early pregnancy causing malnourishment, they may both be the consequences of poverty.
    • The best way to go about breaking such a cycle would be to pick the factors perpetuating it, it would be the poverty of the mother in this case.

    Declining fertility rate in India

    • India’s fertility rates have been declining to well below replacement levels in many States, including those with higher levels of child marriage.
    • This could be the reason for the shift from fuelling fears about booming populations to expressing concern for the undernourishment of children.
    • So, the problem of “populations explosion” is not the real problem as the demographic data suggests.

    Concern

    • The change in the marriage age will leave the vast majority of Indian women who marry before they are 21 without the legal protections.

    Conclusion

    The proposal and the objective to be achieved through raising the age of marriage needs reconsideration for the reasons cited above.

  • China twist in Teesta Challenge

    Bangladesh is discussing an almost $1 billion loan from China for a comprehensive management and restoration project on the Teesta river. These discussions with China come at a time when India is particularly wary about China following the standoff in Ladakh.

    Try this question from our AWE initiative:

    Teesta River has become an important factor in India – Bangladesh relations. What are the hindrances in successful implementation of river water sharing agreement and what are its possible implications on India-Bangladesh relations? What could be the possible solutions?

    Teesta Project

    • The project is aimed at managing the river basin efficiently, controlling floods, and tackling the water crisis in summers.
    • India and Bangladesh have been engaged in a long-standing dispute over water-sharing in the Teesta.

    How has the Teesta dispute progressed?

    • The two countries were on the verge of signing a water-sharing pact in September 2011, when PM Manmohan Singh was going to visit Bangladesh.
    • But, West Bengal CM objected to it, and the deal was scuttled.
    • After the regime change in 2014, the government hoped that it could reach a “fair solution” on the Teesta through cooperation between central and state governments.
    • Five years later, the Teesta issue remains unresolved.

    Trends in India’s relationship with Bangladesh

    • New Delhi has had a robust relationship with Dhaka, carefully cultivated since 2008, especially with the Sheikh Hasina government at the helm.
    • Security: India has benefited from its security ties with Bangladesh, whose crackdown against anti-India outfits has helped the Indian government maintain peace in the eastern and Northeast states.
    • Trade: Bangladesh has benefited from its economic and development partnership. Bangladesh is India’s biggest trade partner in South Asia.
    • Bilateral trade has grown steadily over the last decade: India’s exports to Bangladesh in 2018-19 stood at $9.21 billion, and imports from Bangladesh at $1.04 billion.
    • Visas:India also grants 15 to 20 lakh visas every year to Bangladesh nationals for medical treatment, tourism, work, and just entertainment.

    Recent irritants in ties

    • There have been recent irritants in the relationship.
    • These include the proposed countrywide National Register of Citizens (NRC) and the Citizenship Amendment Act (CAA) passed in December last year.
    • Bangladesh had insisted that while the CAA and the proposed nationwide NRC were “internal matters” of India, the CAA move were “not necessary”.

    Chinese affinity with Bangladesh

    • China is the biggest trading partner of Bangladesh and is the foremost source of imports.
    • In 2019, the trade between the two countries was $18 billion and the imports from China commanded the lion’s share. The trade is heavily in favour of China.
    • Recently, China declared zero duty on 97% of imports from Bangladesh. The concession flowed from China’s duty-free, quota-free programme for the Least Developed Countries.
    • This move has been widely welcomed in Bangladesh, with the expectation that Bangladesh exports to China will increase.
    • China has promised around $30 billion worth of financial assistance to Bangladesh.
    • Additionally, Bangladesh’s strong defence ties with China make the situation complicated. China is the biggest arms supplier to Bangladesh and it has been a legacy issue — after its liberation.
    • Recently, Bangladesh purchased two Ming class submarines from China.

    India’s engagement post CAA

    • Over the last five months, India and Bangladesh have cooperated on pandemic-related moves.
    • Hasina supported Modi’s call for a regional emergency fund for fighting Covid-19 and declared a contribution of $1.5 million in March 2020. India has also provided medical aid to Bangladesh.
    • The two countries have also cooperated in railways, with India giving 10 locomotives to Bangladesh.
    • The first trial run for trans-shipment of Indian cargo through Bangladesh to Northeast states under a pact on the use of Chittagong and Mongla ports took place in July.
    • Bangladesh gave its readiness to collaborate in the development of a Covid-19 vaccine, including its trial, and looks forward to early, affordable availability of the vaccine when ready.

    Among other issues

    • The two sides agreed that Implementation of projects should be done in a timely manner and that greater attention is required to development projects in Bangladesh under the Indian Lines of Credit.
    • Bangladesh sought the return of the Tablighi Jamaat members impacted by the lockdown in India.
    • Bangladesh requested for the urgent reopening of visa issuance from the Indian High Commission in Dhaka, particularly since many Bangladeshi patients need to visit India.
    • India was also requested to reopen travel through Benapole-Petrapole land port which has been halted by the West Bengal government in the wake of the pandemic.

    Way forward

    • While the Teesta project is important and urgent from India’s point of view, it will be difficult to address it before the West Bengal elections due next year.
    • What Delhi can do is to address other issues of concern, which too are challenging.
    • Now, the test will be if India can implement all its assurances in a time-bound manner.
    • Or else, the latent anti-India sentiment in Bangladesh, which has been revived after India’s CAA -NRC push can permanently damage the historic ties.

    Back2Basics: Teesta Water Dispute

  • Sutlej-Yamuna Link (SYL) Canal Project

    Opposing the Sutlej-Yamuna Link (SYL) canal project and staking claim to Yamuna’s waters, Punjab CM warned about the repercussions. Here is a look at the decades-old issue and why it has come up again now.

    Try this PYQ:

    Q. Which one of the following pairs is not correctly matched? (CSP 2017)

    Dam/Lake River

    (a) Govind Sagar: Satluj

    (b) Kolleru Lake: Krishna

    (c) Ukai Reservoir: Tapi

    (d) Wular Lake: Jhelum

    What is the SYL canal issue?

    • At the time of reorganization of Punjab in 1966, the issue of sharing of river waters between both the states emerged.
    • Punjab refused to share waters of Ravi and Beas with Haryana stating it was against the riparian principle.
    • Before the reorganization, in 1955, out of 15.85 MAF of Ravi and Beas, the Centre had allocated 8 MAF to Rajasthan, 7.20 MAF to undivided Punjab, 0.65MAF to Jammu and Kashmir.
    • Out of 7.20 MAF allocated, Punjab did not want to share any water with Haryana.
    • In March 1976, when the Punjab Reorganization Act was implemented, the Centre notified fresh allocations, providing 3.5 MAF To Haryana.

    Inception of the canal project

    • Later, in 1981, the water flowing down Beas and Ravi was revised and pegged at 17.17 MAF, out of which 4.22 MAF was allocated to Punjab, 3.5 MAF to Haryana, and 8.6 MAF to Rajasthan.
    • Finally, to provide this allocated share of water to southern parts of Haryana, a canal linking the Sutlej with the Yamuna, cutting across the state, was planned.
    • Finally, the construction of 214-km SYL was started in April 1982, 122 km of which was to run through Punjab and the rest through Haryana.
    • Haryana has completed its side of the canal, but work in Punjab has been hanging fire for over three decades.

    Why has the SYL canal come up again now?

    • The issue is back on centre stage after the Supreme Court directed the CMs of Punjab and Haryana to negotiate and settle the SYL canal issue.
    • The apex court asked for a meeting at the highest political level to be mediated by the Centre so that the states reach a consensus over the completion of the SYL canal.
    • The meeting remained inconclusive with the Centre expressing the view that the construction of the SYL canal should be completed. But Punjab CM refused categorically.

    Punjab’s resentment with the project

    • The dispute is based on the bloody history around the SYL canal. The trouble-torn days of terrorism in Punjab started in the early 1980s when work on the SYL started.
    • Punjab feels it utilized its precious groundwater resources to grow the crop for the entire country and should not be forced to share its waters as it faces desertification.
    • It is feared that once the construction of the canal restarts, the youth may start feeling that the state has been discriminated against.
    • The Punjab CM fears Pakistan and secessionist organisations could exploit this and foment trouble in the state.

    Water crisis in Punjab

    • Punjab is facing severe water crisis due to over-exploitation of its underground aquifers for the wheat/paddy monocycle.
    • According to the Central Underground Water Authority’s report, its underground water is over-exploited to meet the agriculture requirements in about 79 per cent area of the state.
    • Out of 138 blocks, 109 are “over-exploited”, two are “critical” five are “semi-critical” and only 22 blocks are in “safe” category.

    Punjab expects a new tribunal

    • The state wants a tribunal seeking a fresh time-bound assessment of the water availability.
    • The state has been saying that till date there has been no adjudication or scientific assessment of Punjab river waters.

  • Namath Basai Programme

    Namath Basai, the State government’s unique programme of teaching tribal children in their mother tongue, has become a runaway hit in Kerala’s tribal districts.

    Try this MCQ:

    Q. The Namath Basai Programme recently seen in news is related to:

    Tribal Education/ Women SHGs/ Forest Produce/ Tribal Health

    Namath Basai Programme

    • The NBP is implemented by the Samagra Shiksha Kerala (SSK).
    • It has succeeded in retaining hundreds of tribal children in their online classes by making them feel at home with the language of instruction.
    • The SSK has distributed some 50 laptops exclusively for Namath Basai. Pre-recorded classes are offered through a YouTube channel.

  • Right to possession to women and issues

    The Supreme Court in its latest judgement clarified that women’s right to their parents’ property is their birthright and clarified the air of confusion surrounding the issue due to previous judgements.

    What was said in the judgement

    • The judgement highlighted the patriarchal practices of the Mitakshra School of Hindu law — the guiding force of the Hindu Succession Act, 1956.
    • It settled the confusion created by two of its own antagonistic judgments.
    • In Prakash vs Phulawati (2016), it had ruled that the amendments to the Hindu Succession Act (2005) applied only to women whose parents were alive on September 9, 2005, the date of the notification of the act.
    • In Danamma @ Suman Surpur vs Amar (2018) cases, it inferred that coparcenary rights were birthrights.
    • The Supreme Court has now set forth the idea that coparcenary rights are birthrights free from limitations imposed by the dates of any legal notifications.

    Issues that need to be addressed

    1) Stree dhan issue

    • Section 14 (1) of the Hindu Succession Act 1956 provides that women can acquire property as a full owner, and it can be carried over or retained post marriage as stree dhan.
    • There are cases where the movable property may have been given to a daughter by her father as an intentionally undeclared and informal settlement between his descendants.
    • At the same time, it is quite true that stree dhan over time gave way to the unethical and illegal practices of dowry.
    • But the issue of stree dhan needs to be explained further in the light of this judgment.
    • The ruling might impact dowry transactions that continue despite stringent anti-dowry laws.

    2) Issues in claiming the right to property

    • In the rural context, where most of the property is in the form of agricultural land claiming the property may not be easy.
    • With patriarchy, it is doubtful if male heirs will share property-related documents, information.

    3) Challenge of societal change

    • On occasion, the law and courts may turn out to be progressive.
    • However, we can not expect society to readily accede to progressive reforms.
    • The challenge for economically dependent women in far-flung rural areas who are denied literacy, dignity and, sometimes, even a name and identity, in securing their rights is immense.
    • In parts of Bihar, there are areas where women are still addressed by their village names or more commonly as someone’s wife.

    Conclusion

    Women are asserting their rights, both in conjugal and property matters. However, there are significant cultural, religious, educational barriers and caste and class inequalities that require a massive overhauling of social attitudes to overcome.

    Back2Basics: Mitakshra School of Hindu law

    • In the Mitakshara School, the allocation of parental property is based on the rule of possession by birth.
    • Moreover, a man can leave his property in his will.
    • The joint family property goes to the group known as coparceners.
    • Ther are the people who belong to the next three generations.
    • Hence, the joint family property by partition can be, at any time, converted into a separate property.
    • Therefore in Mitakshara School, sons have an exclusive right by birth in the joint family property.

    Coparcener

    • Coparcenary is a term often used in matters related to the Hindu succession law, and coparcener is a term used for a person assumes a legal right in his ancestral property by birth.