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GS Paper: GS2

  • Issues with the graded autonomy

    The article analyses the issues the graded with the graded autonomy to the Higher Education Institutes.

    Background

    • NEP 2020 provided for phasing out of the system of affiliated colleges and the grant of greater autonomy in academic, administrative and financial matters to premium colleges.

    Concerns with the autonomy

    • The move has raised concerns about the politico-bureaucratic interference in the internal functioning of universities.
    • It has also raised concerns about the substantial burden on universities which have to regulate admissions, set curricula and conduct examinations for a large number of undergraduate colleges.
    • Concerns have long existed about over-centralisation, due to constraints imposed on the potential for premium affiliated colleges to innovate and evolve.
    • These apprehensions about the autonomy came to be used by successive governments to build a case for the model of graded autonomy.

    The push towards graded autonomy

    • Successive governments have pushed through measures that have largely allowed for greater penetration of private capital in higher education.
    • Recommendations of recent education commissions have promoted the unequal structure of funding for higher education.
    • Under this, hierarchy in higher education was created: Central government-funded universities, provincial Central government-funded universities, regional universities and colleges funded by State governments, etc.
    • The National Knowledge Commission (2005) stated that good undergraduate colleges are constrained by their affiliated status… the problem is particularly acute for undergraduate colleges which are subjected to the ‘convoy problem’ as they are forced to move at the speed of the slowest.
    • In turn, the dominant policy discourse vocally propagates “graded autonomy” for better performing Higher Educational Institutions.
    • Under which academic excellence can be supported through a grant of special funds and allowing greater power to such institutions.
    • This basis has been gradually enforced with the UGC in 2018 granting public-funded universities the right to apply for autonomy based on whether they are ranked among top 500 of reputed world rankings or have National Assessment and Accreditation (NAAC) scores above 3.26.

    NEP 2020: Centralisation and autonomy

    • NEP 2020  is a combination of enhanced centralising features and specific features of autonomy.
    • Deeper centralisation is indicative in the constitution of the government nominated umbrella institution, Higher Education Council of India (HECI); Board of Governors, the National Education Commission etc.

    Concerns

    • The model of graded autonomy will encourage hierarchy that exists between different colleges within a public-funded university, and between different universities across the country.
    • While the best colleges gain the autonomy to bring in their own rules and regulations, affiliated colleges with lower rankings and less than 3,000 students face the threat of mergers and even closure.
    • A shrinking of the number of public-funded colleges will only further push out marginalised sections.
    • Autonomy could lead to more inaccessibility as the independent rules and regulations of autonomous colleges and universities shall curtail transparent admission procedures.
    • Graded autonomy can be expected to trigger a massive spurt in expensive self-financed courses as premium colleges, which will lead to exclusion.

    Conclusion “Examine the issues with the autonomy of Higher Education Institutes in the NEP 2020.”

    Conclusion

    More than deliverance, autonomy represents the via media for greater privatisation and enhanced hierarchization in higher education.

    Sources: https://www.thehindu.com/opinion/op-ed/privatisation-via-graded-autonomy/article32396753.ece

  • Domicile-based job quota in MP

    The Madhya Pradesh government’s recent decision to reserve all government jobs for “children of the state” raises constitutional questions relating to the fundamental right to equality.

    Try this PYQ:

    One of the implications of equality in society is the absence of- (CSP 2018)

    (a) Privileges

    (b) Restraints

    (c) Competition

    (d) Ideology

    Constitutional provision for Equal Treatment

    • Article 16 of the Constitution guarantees equal treatment under the law in matters of public employment. It prohibits the state from discriminating on grounds of place of birth or residence.
    • Article 16(2) states that “no citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State”.
    • The provision is supplemented by the other clauses in the Constitution that guarantee equality.
    • However, Article 16(3) of the Constitution provides an exception by saying that Parliament may make a law “prescribing” a requirement of residence for jobs in a particular state.
    • This power vests solely in the Parliament, not state legislatures.

    Why does the Constitution prohibit reservation based on domicile?

    • When the Constitution came into force, India turned itself into one nation from a geographical unit of individual principalities and the idea of the universality of Indian citizenship took root.
    • India has single citizenship, and it gives citizens the liberty to move around freely in any part of the country.
    • Hence the requirement of a place of birth or residence cannot be qualifications for granting public employment in any state.

    But are reservations not granted on other grounds such as caste?

    • Equality enshrined in the Constitution is not mathematical equality and does not mean all citizens will be treated alike without any distinction.
    • To this effect, the Constitution underlines two distinct aspects which together form the essence of equality law:
    1. Non-discrimination among equals, and
    2. Affirmative action to equalize the unequal

    Supreme Court rulings on quota for locals

    • The Supreme Court has ruled against reservation based on place of birth or residence.
    • In 1984, ruling in Dr Pradeep Jain v Union of India, the issue of legislation for “sons of the soil” was discussed.
    • The court expressed an opinion that such policies would be unconstitutional but did not expressly rule on it as the case was on different aspects of the right to equality.
    • In a subsequent ruling in Sunanda Reddy v State of Andhra Pradesh (1995), the Supreme Court affirmed the observation in 1984 ruling to strike down a state government policy that gave 5% extra weightage to candidates.
    • In 2002, the Supreme Court invalidated appointment of government teachers in Rajasthan in which the state selection board gave preference to “applicants belonging to the district or the rural areas of the district concerned”.
    • In 2019, the Allahabad HC struck down a recruitment notification by the UP PSC which prescribed preference for women who are “original residents” of the UP alone.

    What about securing jobs for locals in the private sector?

    • Such a law will be difficult to implement even if allowed.
    • Private employers do not go on an annual recruitment drive to fill vacancies identified in advance but hire as and when required.
    • The state can recommend a preference to locals but ensuring that it is followed would be difficult.
    • In 2017, Karnataka mulled similar legislation but it was dropped after the state’s Advocate General raised questions on its legality.
    • In 2019, the state government once again issued a notification asking private employers to “prefer” Kannadigas for blue-collar jobs.

    How do some states then have laws that reserve jobs for locals?

    • Exercising the powers it has under Article 16(3), Parliament enacted the Public Employment (Requirement as to Residence) Act.
    • The act aimed at abolishing all existing residence requirements in the states and enacting exceptions only in the case of the special instances of Andhra Pradesh, Manipur, Tripura and Himachal Pradesh.
    • Constitutionally, some states also have special protections under Article 371. AP under Section 371(d) has powers to have “direct recruitment of local cadre” in specified areas.
    • Some states have gone around the mandate of Article 16(2) by using language. States that conduct official business in their regional languages prescribe knowledge of the language as a criterion.
    • This ensures that local citizens are preferred for jobs. For example, states including Maharashtra, West Bengal and Tamil Nadu require a language test.

  • Setting up of National Recruitment Agency

    The Union Cabinet has approved the creation of a National Recruitment Agency (NRA) for conducting a Common Eligibility Test (CET) for various government jobs.

    Try this question:

    Q.Discuss the role and function of the newly setup National Recruitment Agency.

    National Recruitment Agency

    • NRA will be a Society registered under the Societies Registration Act, headed by a Chairman of the rank of the Secretary to the Government of India.
    • It will have representatives of the Ministry of Railways, Ministry of Finance/Department of Financial Services, the SSC, RRB and IBPS.
    • It is envisioned that the NRA would be a specialist body bringing the state-of-the-art technology and best practices to the field of Central Government recruitment.
    • The NRA will conduct the Common Eligibility Test (CET) for recruitment to non-gazetted posts in government and public sector banks.
    • This test aims to replace multiple examinations conducted by different recruiting agencies for selection to government jobs advertised each year, with a single online test.

    Salient features of NRA

    • The Common Eligibility Test will be held twice a year.
    • There will be different CETs for graduate level, 12th Pass level and 10th pass level to facilitate recruitment to vacancies at various levels.
    • The CET will be conducted in 12 major Indian languages. This is a major change, as hitherto examinations for recruitment to Central Government jobs were held only in English and Hindi.
    • To begin with, CET will cover recruitments made by three agencies: viz. Staff Selection Commission, Railway Recruitment Board and the Institute of Banking Personnel Selection.  This will be expanded in a phased manner.
    • CET will be held in 1,000 centres across India to bid remove the currently prevalent urban bias. There will be an examination centre in every district of the country.  There will be a special thrust on creating examination infrastructure in the 117 aspirational districts.
    • CET will be a first level test to shortlist candidates and the score will be valid for three years.
    • There shall be no restriction on the number of attempts to be taken by a candidate to appear in the CET subject to the upper age limit.
    • Age relaxation for SC/ST and OBC candidates as per existing rules will apply.

    Advantages for students

    • Removes the hassle of appearing in multiple examinations.
    • Single examination fee would reduce the financial burden that multiple exams imposed.
    • Since exams will be held in every district, it would substantially save travel and lodging cost for the candidates. Examination in their own district would encourage more and more women candidates also to apply for government jobs.
    • Applicants are required to register on a single Registration portal.
    • No need to worry about clashing of examination dates.

    Advantages for Institutions

    • Removes the hassle of conducting preliminary / screening test of candidates.
    • Drastically reduces the recruitment cycle.
    • Brings standardization in the examination pattern.
    • Reduces costs for different recruiting agencies. Rs 600 crore savings expected.

  • [pib] Atal Ranking of Institutions on Innovation Achievements (ARIIA) 2020

    The Vice-President has released the Atal ranking ‘ARIIA 2020’.

    Note the indicators on which the ARIIA ranking is based.  Also try this PYQ:

    Q. Which one of the following is not a sub-index of the World Bank’s ‘Ease of Doing Business Index’? (CSP 2019)

    (a) Maintenance of law and order

    (b) Paying taxes

    (c) Registering property

    (d) Dealing with construction permits

    Highlights of the ARIIA 2020

    • The Indian Institute of Technology (IIT) Madras has topped the ARIIA 2020 under the ‘Best Centrally Funded Institution’ category.
    • Last year too, the institute emerged as the top innovative institution in the country.
    • IIT Bombay and Delhi have secured the second and third spots, respectively.

    About ARIIA

    • ARIIA is an initiative of erstwhile Ministry of HRD, implemented by AICTE and Ministry’s Innovation Cell.
    • It systematically ranks all major higher educational institutions and universities in India on indicators related to “Innovation and Entrepreneurship Development” amongst students and faculties.
    • ARIIA 2020 will have six categories which also includes special category for women only higher educational institutions to encourage women and bringing gender parity in the areas of innovation and entrepreneurship.
    • The other five categories are 1) Centrally Funded Institutions 2) State-funded universities 3) State-funded autonomous institutions 4) Private/Deemed Universities and 5) Private Institutions.

    Major Indicators for consideration

    • Budget & Funding Support.
    • Infrastructure & Facilities.
    • Awareness, Promotions & support for Idea Generation & Innovation.
    • Promotion & Support for Entrepreneurship Development.
    • Innovative Learning Methods & Courses.
    • Intellectual Property Generation, Technology Transfer & Commercialization.
    • Innovation in Governance of the Institution.

  • PCPNDT Act and rule changes during pandemic

    The article deals with the issues of suspension of some requirements under PCPNDT Act. It also discusses the role judiciary played in 25-years jurisprudence around the Act.

    Context

    • Last week, the Supreme Court deferred a pronouncement on the legality of the Centre’s now-lapsed controversial notification relating to the rules of the law banning sex-selective abortions.
    • The apex court similarly erred on the side of caution in June, choosing not to stay the Ministry of Health and Family Welfare’s gazette notification.

    What were the changes

    • One of the rules requires a five-yearly renewal of registration of genetic laboratories, ultrasound clinics and imaging centres, subject to the fulfilment of eligibility criteria.
    • Another mandate to submit monthly records on the conduct of pregnancy-related procedures to the designated authority.
    • State governments and Union Territories are required to furnish quarterly reports to the Centre on the implementation of the law.
    • The Union Health Ministry had maintained that various procedural deadlines were relaxed in the wake of the public health crisis and that such flexibility would in no way jeopardise the larger objectives of the law.

    Issues with the suspension

    • Activists saw no rationale behind the suspension of rules, since the operation of diagnostic laboratories had been declared essential services.
    • They were understandably apprehensive that the freeze would result in large-scale violations.
    • It is one thing to offer relaxation for delays in the completion of formalities via an administrative order, but altogether another to declare a freeze via a gazette notification, they argued.

    Court judgements on PCPNDT Act

    • The 25-year jurisprudence around the PCPNDT legislation does not justify a casual approach on the enforcement of its various provisions.
    • The Court last year ruled that the non-maintenance of medical records as per Section 23 of the PCPNDT Act could serve as a conduit in the grave offence of foeticide.
    • In its 2016 judgment, the Supreme Court authorised the seizure of illegal equipment from clinics and the suspension of their registration as well as speedy disposal of relevant cases by the States.

    Consider the question “How far has the PCPNDT Act been successful in dealing with the menace of sex-selective abortion? What are the shortcomings in the Act?”

    Conclusion

    Crucially, the alarming decline witnessed in recent decades in India’s sex ratio at birth calls for uncompromising adherence to public policy, more than is evident from evolving case law.

  • Resurrecting the right to know

    This article analyses the importance of peoples’ right to know and instrumental role judiciary played in harmonising it with the Official Secrets Act 1923.

    Context

    • A High Level Committee (HLC) chaired by a retired judge of the Gauhati High Court was constituted by the Home Ministry through a gazette notification.
    • Its mandate was, among others, to recommend measures to implement Clause 6 of the Assam Accord and define “Assamese People”.
    • The HLC finalised its report by mid-February 2020 and submitted it to the Assam Chief Minister and through him to the Central government.
    • With the Central government apparently “sitting idle” over the report, the All Assam Students’ Union (AASU), which was represented in the HLC, released the report.

    The right to know

    • The right to know was recognised nearly 50 years ago and is the foundational basis or the direct emanation for the right to information.
    • In State of U.P. v. Raj Narain (1975), the Supreme Court carved out a class of documents that demand protection even though their contents may not be damaging to the national interest.
    • Court held that “the people of this country are entitled to know the particulars of every public transaction in all its bearing”.
    • This view was endorsed in S.P. Gupta v. President of India (1981) and a few other decisions.
    • In Yashwant Sinha v. Central Bureau of Investigation (2019), the Supreme Court referred to the decision of the U.S. Supreme Court in New York Times v. United States (1971) wherein court declined to recognise the right of the government to restrain publication of the Pentagon Papers.
    • Our Supreme Court held that a review petition based on three documents published by The Hindu was maintainable since the provisions of the Official Secrets Act, 1923 had not been violated.
    • The SC held that there is no provision by which Parliament had vested power in the government either to restrain the publication of documents marked as secret or from placing such documents before a court.
    • Section 8(2) of the Right to Information Act, 2005 provides that a citizen can get a certified copy of a document even if the matter pertains to security or relationship with a foreign nation if a case is made out.
    • Therefore, it is clear that the right to know can be curtailed only in limited circumstances and if there is an overriding public interest.

    Consider the question “Analyse the importance of citizens’ right to know and how the judiciary harmonised the peoples right to know with the Official Secrets Act 1923? “

    Conclusion

    We must keep in mind observation made by the Supreme Court in S.P. Gupta: “If secrecy were to be observed in the functioning of government and the processes of government were to be kept hidden from public scrutiny, it would tend to promote and encourage oppression, corruption and misuse or abuse of authority, for it would all be shrouded in the veil of secrecy without any public accountability.”

    B2BASICS

    Official secrets act

    • OSA has its roots in the British colonial era and was originally known as The Indian Official Secrets Act (Act XIV), 1889.
    • The act was primarily mandated to gag the voice of a large number of newspapers that came up in several languages, and were opposing the Raj’s policies, building political consciousness and facing police crackdowns and prison terms.
    • The act was amended and made more stringent in the form of The Indian Official Secrets Act, 1904, during Lord Curzon’s tenure as Viceroy of India.
    • In 1923, a newer version was notified. The Indian Official Secrets Act (Act No XIX of 1923) was extended to all matters of secrecy and confidentiality in governance in the country.
    • It was further amended after India got independence in 1951 and 1967. The act in its present form deals with two aspects — spying or espionage and disclosure of other secret information of the government.
    • Secret information can be any official code, password, sketch, plan, model, article, note, document or information. Under the act both the person communicating the information, and the person receiving the information, can be punished.

  • Importance of close alignment with moderate Arab centre

    The article analyses the threat the Arab countries faces from the new geopolitical realignment and India’s role in it.

    Geopolitical realignment in the middle east

    • Agreement on the normalisation of relations between the United Arab Emirates and Israel was signed recently.
    • At the same time, there is an equally significant reorientation of the Subcontinent’s relationship with the region.
    • This is marked by Pakistan’s alignment with non-Arab powers.

    Deteriorating relation of Pakistan with Arab world

    • Pakistan has been angry with UAE’s invitation to India to address the Organisation of Islamic Cooperation in early 2019.
    • Saudi Arabia’s reluctance to convene a meeting to condemn Indian actions in Kashmir last August has angered Pakistan.
    • While Pakistan appears to be dreaming of a new regional alliance with Turkey and Iran.
    • Pakistan is also betting that a rising China and an assertive Russia will both support this new geopolitical formation as part of their own efforts to oust America from the Middle East.

    Threat to the Arab world

    • Saudis and Emiratis see sharpening existential threats to their kingdoms from both Turkey and Iran.
    • Both Turkey and Iran now intervene with impunity in the internal affairs of the Arab world.
    • Two other states have joined this Great Game.
    • Malaysia’s Mahathir fancied himself as a leader of the Islamic world.
    • Arab Qatar, which is locked in a fraternal fight with the Saudis and the Emiratis, wants to carve out an outsized role for itself in the Middle East.

    India’s should follow five principles for Arab Sovereignty

    • 1) India must resist the temptation of telling the Arabs what is good for them.
    • India should support their efforts to reconcile with non-Arab neighbours, including Israel, Turkey and Iran.
    • 2) Oppose foreign interventions in the Arab world. In the past, those came from the West and Israel.
    • Today, most Arabs see the greatest threat to their security from Turkish and Iranian interventions.
    • 3) Extend support to Arab economic integration, intra-Arab political reconciliation and the strengthening of regional institutions.
    • 4) Recognise that India’s geopolitical interests are in close alignment with those in the moderate Arab Centre — including Egypt, Jordan, Saudi Arabia, the UAE and Oman.
    • 5) India can’t be passive amidst the unfolding geopolitical realignment in West Asia.
    • Some members of the incipient alliance — Turkey, Malaysia and China — have been the most vocal in challenging India’s territorial sovereignty in Kashmir.

    Consider the question “Examine the importance of India’s relations with Arab countries. What are the threats the region faces to their sovereignty and how India can play an important role to ensure their sovereignty.”

    Conclusion

    Standing up for Arab sovereignty and opposing the forces of regional destabilisation must be at the very heart of India’s new engagement with the Middle East.

  • Jurisdictional conflict in the running of Delhi Government

    The article analyses the tussle between the Delhi Government and the Lt. Governor.

    What the 2018 SC judgement was about

    • The Supreme Court in Government of NCT of Delhi vs. Union of India (2018) decided on the conflicts between the government of NCT and the Union Government and its representative, the Lieutenant Governor.
    • It reminds the Lt. Governor what his real functions are.
    •  It tells the State government that it should remember that Delhi is a special category Union Territory.
    • It lays down the parameters to enabling the harmonious functioning of the government and the Lt. Governor.
    • It did not very clearly delineate the issues in respect of which the Lt. Governor can refer a decision taken by the Council of Ministers to the President in the event of a difference of opinion between the Lt. Governor and the State government.

    Settled issues and clarifications

    • The Supreme Court affirming that the Lt. Governor is bound to act on the aid and advice of council of ministers except in respect of ‘Land’, ‘Public Order’ and the ‘Police’.
    • The Court has also made it clear that there is no requirement of the concurrence of the Lt. Governor and that he has no power to overrule the decisions of the State government.
    • However, Article 239AA (4) (proviso) which says that in the case of a difference of opinion between the Lt. Governor and his Ministers on any matter, the Lt. Governor shall refer it to the President for decision and act according to that decision.
    • If the Lt. Governor thinks that the matter is urgent he can take immediate action on his own.

    How Article 239 AA(4) matters

    •  Lt. Governor can frustrate the efforts of the government, by declaring that there is a difference of opinion on any issue and refer it to the President.
    • Refering matter to the President in reality means the Union Home Ministry.
    • The Lt. Governor being its representative, it is easier for him to secure a decision in his favour.
    • The State government will be totally helpless in such a situation.
    • The recent appointment of prosecutors for conducting the Delhi riot cases in the High Court is a case in point.
    •  When the government decided to appoint them, the Lt. Governor referred it under proviso to Article 239AA (4) to the President stating that there is a difference of opinion.
    • This episode clearly points to the fault lines which still exist in the power equations in the capital’s administrative structure.

    But, can Lt. Governor refer routine administrative matter to the President?

    • A close reading of the Supreme Court judgment in the NCT Delhi case (supra) would reveal that he cannot.
    • The Supreme Court says “The words ‘any matter’ employed in the proviso to Article 239AA (4) cannot be inferred to mean ‘every matter’.
    • Court also says that “The power of the Lieutenant Governor under the said proviso represents the exception and not the general rule”.
    • The President is the highest Constitutional authority and his decision should be sought only on constitutionally important issues.

    Executive powers and legislative powers

    • Parliament can legislate for Delhi on any matter in the State List and the Concurrent List.
    • But the executive power in relation to Delhi except the ‘Police’, ‘Land’ and ‘Public Orders’ vests only in the State government headed by the Chief Minister.
    • The executive power of the Union does not extend to any of the matters which come within the jurisdiction of the Delhi Assembly.
    • The only occasion when the Union Government can overrule the decision of the State government is when the Lt. Governor refers a matter to the President under the proviso to clause (4).

    Consider the question “What are the parameters laid down by the Supreme Court in the Government of NCT of Delhi vs. Union of India (2018) to avoid the conflict between Lt. Governor and the Delhi Government? Also examine the scope of referring any matter to the consideration of the President by the Lt. Governor.”

    Conclusion

    In the Constitutional scheme adopted for the NCT of Delhi Lt. Governor should not emerge as an adversary having a hostile attitude towards the Council of Ministers of Delhi; rather, he should act as a facilitator.

  • Debate: Minimum age of marriage for women

    PM in his I-Day speech has announced that the central government has set up a committee to reconsider the minimum age of marriage for women during his address to the nation on the 74th Independence Day.

    Try this question for mains:

    Q.The different minimum age of marriage for women and men is a discriminatory provision. Analyse.

    Back in debate

    • The minimum age of marriage, especially for women, has been a contentious issue.
    • The law evolved in the face of much resistance from religious and social conservatives.
    • Currently, the law prescribes that the minimum age of marriage is 21 years and 18 years for men and women respectively.

    Issue over majority

    • The minimum age of marriage is distinct from the age of majority which is gender-neutral.
    • An individual attains the age of majority at 18 as per the Indian Majority Act, 1875.
    • The law prescribes a minimum age of marriage to essentially outlaw child marriages and prevents the abuse of minors.

    What is the committee that the PM mentioned?

    • The Union Ministry for WCD had set up a task force to examine matters pertaining to the age of motherhood, imperatives of lowering Maternal Mortality Ratio and the improvement of nutritional levels among women.
    • The task force would examine the correlation of age of marriage and motherhood with health, medical well-being, and nutritional status of the mother and neonate, infant or child, during pregnancy, birth and thereafter.
    • It will also examine the possibility of increasing the age of marriage for women from the present 18 years to 21 years.

    How common are child marriages in India?

    • UNICEF estimates suggest that each year, at least 1.5 million girls under the age of 18 are married in India.
    • It makes our country home to the largest number of child brides in the world — accounting for a third of the global total.
    • Nearly 16 per cent adolescent girls aged 15-19 are currently married.

    Provisions for the minimum age for marriage

    • Personal laws of various religions that deal with marriage have their own standards, often reflecting custom.
    • For Hindus, Section 5(iii) of The Hindu Marriage Act, 1955, sets 18 years as the minimum age for the bride and 21 years as the minimum age for the groom.
    • However, child marriages are not illegal — even though they can be declared void at the request of the minor in the marriage.
    • In Islam, the marriage of a minor who has attained puberty is considered valid.
    • The Special Marriage Act, 1954 and the Prohibition of Child Marriage Act, 2006 also prescribe 18 and 21 years as the minimum age of consent for marriage for women and men respectively.
    • Additionally, sexual intercourse with a minor is rape, and the ‘consent’ of a minor is regarded as invalid since she is deemed incapable of giving consent at that age.

    Evolution of the law

    • The IPC enacted in 1860 criminalised sexual intercourse with a girl below the age of 10.
    • The provision of rape was amended in 1927 through The Age of Consent Bill, 1927, which declared that marriage with a girl under 12 would be invalid.
    • The law faced opposition from conservative leaders of the Indian National Movement, who saw the British intervention as an attack on Hindu customs.
    • A legal framework for the age of consent for marriage in India only began in the 1880s.

    Comes in: The Sarda Act

    • In 1929, The Child Marriage Restraint Act set 16 and 18 years as the minimum age of marriage for girls and boys respectively.
    • The law, popularly known as the Sarda Act after its sponsor Harbilas Sarda, a judge and a member of Arya Samaj, was eventually amended in 1978 to prescribe 18 and 21 years as the age of marriage for a woman and a man respectively.

    Contention over different legal standards

    • There is no reasoning in the law for having different legal standards of age for men and women to marry. The laws are a codification of custom and religious practices.
    • The Law Commission consultation paper has argued that having different legal standards “contributes to the stereotype that wives must be younger than their husbands”.
    • Women’s rights activists have argued that the law also perpetuates the stereotype that women are more mature than men of the same age and, therefore, can be allowed to marry sooner.
    • The international treaty Committee on the Elimination of Discrimination against Women (CEDAW), also calls for the abolition of laws that assume women have a different physical or intellectual rate of growth than men.

    Why is the law being relooked at?

    • Despite laws mandating minimum age and criminalizing sexual intercourse with a minor, child marriages are very prevalent in the country.
    • From bringing in gender-neutrality to reduce the risks of early pregnancy among women, there are many arguments in favour of increasing the minimum age of marriage of women.
    • Early pregnancy is associated with increased child mortality rates and affects the health of the mother.

    Upholding the Constitution

    • Petitioners, in this case, had challenged the law on the grounds of discrimination.
    • It is argued that Articles 14 and 21 of the Constitution, which guarantee the right to equality and the right to live with dignity, were violated by having different legal ages for men and women to marry.
    • Two significant Supreme Court rulings can act as precedents to support the petitioner’s claim.
    • In 2014, in the ‘NALSA v Union of India’ case, the Supreme Court, while recognising transgenders as the third gender, said that justice is delivered with the “assumption that humans have equal value and should, therefore, be treated as equal, as well as by equal laws”.
    • In 2019, in ‘Joseph Shine v Union of India’, the Supreme Court decriminalized adultery, and said that “a law that treats women differently based on gender stereotypes is an affront to women’s dignity”.

  • Why has the Israel-UAE pact unsettled Palestine and Iran?

    Last week Mr Trump has announced that Israel and the United Arab Emirates (UAE) had reached a peace agreement. Many countries, including the European powers and India, have welcomed it, while the Palestinian leadership, as well as Turkey and Iran, have lashed out at the UAE.

    The strategic location of Gaza strip, West Bank, Dead Sea etc. creates a hotspot for a possible map based prelims question. 

    Consider this PYQ:

    Q. The area is known as ‘Golan Heights’ sometimes appears in the news in the context of the events related to: (CSP 2015)

    a) Central Asia
    b) Middle East
    c) South-East Asia
    d) Central Africa

    The Israel-UAE Pact

    • The UAE and Israel would establish formal diplomatic relations and in exchange, Israel would suspend its plans to annex parts of the occupied West Bank.
    • Israeli PM Netanyahu had earlier vowed to annex the Jewish settlements in the West Bank.
    • But now, as part of the agreement, Israel “will suspend declaring sovereignty over areas” of the West Bank and “focus its efforts on expanding ties with other countries in the Arab and Muslim world”.

    A timeline of Israel-Arab Conflict

    Arab-Israeli ties have historically been conflict-ridden.

    • Arab countries, including Egypt, Transjordan, Syria and Iraq, fought their first war with Israel in 1948 after the formation of the state of Israel was announced.
    • The war ended with Israel capturing more territories, including West Jerusalem than what the UN Partition Plan originally proposed for a Jewish state.
    • After that, Israel and Arab states fought three more major wars — the 1956 Suez conflict, the 1967 Six-Day War and the 1973 Yom Kippur War.
    • After the 1967 war in which Israel captured the Sinai Peninsula and Gaza Strip from Egypt, East Jerusalem and the West Bank from Jordan and the Golan Heights from Syria.
    • Arab countries convened in Khartoum and declared their famous three “‘Nos’ — no peace with Israel, no talks with Israel and no recognition of Israel.
    • But it did not last long. After the death of Egypt President Gamal Abdel Nasser, his successor Anwar Sadat started making plans to get Sinai back from Israel.
    • His efforts, coupled with American pressure on Israel, led to the Camp David Accords of 1978 with Israel’s withdrawal.

    Significance of the deal

    • It’s a landmark agreement given that the UAE is only the third Arab country and the first in the Gulf region to establish diplomatic relations with Israel.
    • In 1994, Jordan became the second Arab country to sign a peace treaty with Israel.
    • The UAE-Israel agreement comes after 26 years. If more countries in the Gulf follow the UAE’s lead, it would open a new chapter in Arab-Israel ties.

    Why did the UAE sign the agreement?

    • The old enmity between Arab countries and Israel has dissipated.
    • The Sunni Arab kingdoms in the Gulf region such as Saudi Arabia and the UAE had developed backroom contacts with Israel over the past several years.
    • One of the major factors that brought them closer has been their shared antipathy towards Iran.
    • Arab countries have signalled that they are ready to live with Israel’s occupation of Palestine.

    What do Arab countries want from Israel?

    • Arab countries expect a major change in the status quo on West Bank annexation which would put Israel under political and diplomatic pressure.
    • The UAE-Israel agreement has averted that outcome.
    • If a Democratic Party (Trump’s opposition and Obama’s allegiance) comes to power and restores the Iran deal, both the Israeli and the Arab blocs in West Asia would come under pressure to live with an empowered Iran.
    • A formal agreement and enhanced security and economic ties make the Arab and Israeli sides better prepared to face such a situation.
    • So there is a convergence of interests for the UAE, Israel and the U.S. to come together in the region.

    Where does it leave the Palestinians?

    • Unlike the past two Arab-Israeli peace agreements, Palestinians do not figure prominently in the current one.
    • In the present UAE-Israel deal, Israel has not made any actual concession to the Palestinians.
    • The Palestinians are understandably upset. They called the UAE’s decision “treason”.

    Geopolitical implications of the deal

    • The agreement could fast-track the changes that are already underway in the region.
    • The Saudi bloc, consisting of Egypt, the UAE, Bahrain and others, see their interests being aligned with that of the U.S. and Israel and their support for Palestine, which Arab powers had historically upheld.
    • Turkey and Iran now emerge as the strongest supporters of the Palestinians in the Muslim world.
    • This tripolar contest is already at work in West Asia. The UAE-Israel thaw could sharpen it further.

    Also read:

    West Bank Annexation Plan