💥Join UPSC 2027,2028 Mentorship (August Batch) + XFactor Notes & Microthemes PDF
Talk to Mentor

Civilsdaily

Login

Archives: News

  • Role of media in fair trial

    Context

    • In an ongoing case, the Peoples’ Union for Civil Liberties asked the Supreme Court to issue guidelines to regulate media briefings by the police to ensure fair trial.
    • This has left the judiciary with no choice but to deliberate on binding directives to the police.

    What is Media Trial?

    • Media Trial is when various newspapers, magazines, television channels, social media websites interpret facts of a particular case and present them in front of the general public.
    • In India, we have witnessed media trials in many cases where before the verdict of the Indian judiciary, the media channels frame an accused in such a manner that the general public believes him/her to be the person guilty of such offence.
    • Media Trial is not prohibited in India, but it influences the views and opinions of the general public as well as judges and lawyers.

    Issue of media trial

    [A] For Police

    (1) Investigation fouling

    • In criminal cases that attract the most sensationalist media coverage, media attention is often drawn toward investigation and early trial stages.
    • This makes the police a crucial source for the media and communication between the two institutions is often a starting point of the troubles of media trials.

    (2) Unregulated divulgence of case details

    • Leakage of information by police force and disproportionate reliance on this information by the media results in a public stripping of the rights that typically accompany a fair trial.

    (3) Blow to procedural justice

    • Most police departments do not have dedicated media cells, making officials of all levels authoritative sources of information and blurring the boundaries between an official and informal police account of events.
    • As a result, the evidence-based narrative of criminal cases presented by the police to a court varies significantly from the account provided to the news media.
    • This is detrimental for the persons involved in the case, and the justice system as a whole.

    [B] For Judiciary

    (1) Violation of the rights of litigants

    • Reportage of this nature violates the presumption of innocence and the right to dignity and the privacy of suspects, the accused, victims, witnesses and persons closely related to them.
    • They often face social ostracization and difficulties in retaining employment, making them vulnerable to crime and exploitation.

    (2) Disharmony

    • Police narratives are sometimes designed to achieve political goals, and the media’s ready acceptance of these narratives does little to prevent their insidious effects.
    • Given the media’s ability to shape political opinion, law enforcement agencies are sometimes under pressure to selectively reveal certain facets of the investigation or to mischaracterise incidents as communal or systemic.

    What should be the role of Media?

    • Contextualization: Problematic news coverage of criminal cases arises when reporters absolve themselves of any duty to contextualise information revealed by the police.
    • Verification of the facts: Media ethics extend beyond verification of facts to check its Authencity.
    • Create public awareness: Apart from making sure that police narratives are accurate before making them public, reporters bear the burden of translating the significance of police versions in a criminal trial.
    • Prevent mistrust in institutions: It is meant to protect, and contributes considerably to the public apprehension and mistrust in the system.

    Why is news media being hyperactive?

    • We should remember that the new media as an institution is NOT a not-for-profit organization.
    • The negligence can be attributed to the changing nature of the newsroom , responding to deadlines externally set by competing social media accounts that now qualify as news.

    Court directives and legal provisions

    Ans: The Romila Thapar vs Union of India, (2018) Case

    • Courts have repeatedly directed law enforcement authorities not to reveal details of their investigations, especially the personal details of the accused, before trial is complete.
    • It calls for states to enact their own laws based upon social construct.
    • The Ministry of Home Affairs issued office memorandum outlining a media policy over a decade ago, but this is of limited value given that ‘Police’ is an entry in the State List and thus falls primarily within the jurisdiction of State governments.

    Way forward

    • Uniform regulation: Government regulation is not uniform for print and television media and enforcement of these regulations, where it occurs, is slow.
    • Prevent overt regulation: In any event, Government regulation of the media is problematic and likely to increase politicization of the press.
    • Strengthening self-regulation: Self-regulation set-ups such as the National Broadcasting Standards Authority and Indian Broadcasting Foundation are membership-based and easily avoided by simply withdrawing from the group.
    • Reconcile the public faith: It is now in the immediate interest of the media and the general interest of free press, that media institutions look inward to find an answer to what is essentially an ethical crisis.

    Conclusion

    • The media’s immense power to shape narratives regarding public conceptions of justice makes it a close associate of the justice system, bringing with it a responsibility to uphold the basic principles of our justice system.
    • The media should feel subject to the obligation to do its part in aiding mechanisms that aim to preserve these principles.

     

    UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)

  • Right to abortion won’t be restricted by a woman’s marital status

    Context

    Recently, a three-judge bench of the Supreme Court of India delivered a significant order, clarifying that the right to a medical abortion that was available to married women could not be denied to unmarried women.

    Background of the case

    • The SC’s order granting permission to undergo an abortion was passed in the case of a petitioner who was in a consensual relationship, and whose partner deserted her.
    • The Delhi High Court had denied the petitioner’s right to terminate her pregnancy.
    •  Rule 3B of the Medical Termination of Pregnancy Rules 2003, lays down the categories of women who are eligible for termination of pregnancy up to 24 weeks:
    • Survivors of sexual assault or rape or incest; minors; where there is a change of marital status during the ongoing pregnancy (widowhood and divorce); women with physical and mental disabilities, women with pregnancies in humanitarian settings; foetal “malformations” that have a substantial risk of being incompatible with life, or which, if the child is born, may cause it to suffer from a serious physical or mental handicap.
    • The High Court found that the petitioner had not undergone a “change in marital status”.
    • The SC found that prima facie, the High Court had been too restrictive in its approach, and that the term “change in marital status” should be given a purposive interpretation.

    Three key judgments

    • The Supreme Court in this casebased this finding on the 2021 Amendment to the MTP Act, which no longer restricts itself to an unwanted pregnancy between a “husband” and “wife”, but to a woman and her “partner”, by marriage or not.
    • The Court relied on three key judgements:
    • 1] The 2010 S Khushboo case, which recognised the legality of live-in relationships and pre-marital sex.
    • 2] The 2009 Suchita Srivastava case, which recognised that a woman’s right to make reproductive choices is part of the “personal liberty” guaranteed under Article 21.
    • 3] The 2017 K S Puttaswamy case, which reaffirmed that women’s right to bodily integrity is part of the fundamental right to privacy.
    • The Court observed: The statute has recognised the reproductive choice of a woman and her bodily integrity and autonomy.
    • Contrast with rights in the US: The SC’s order attains significance in contrast to the recent Dobbs decision in the US.
    • Constitutional rights are interconnected: Unravel one and the entire edifice of protections could fall apart.

    Conclusion

    The Supreme Court offers hope that right to abortion won’t be restricted by a woman’s marital status.

    UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)

  • Israel vs. Palestine Row over Gaza

    India has termed Gaza violence as grave concern and called for immediate resumption of talk between Israel and Palestine.

    Here we explain the roots of the Israel-Palestine conflict, the two-state solution and why it has not materialized.

    What is the Israel-Palestine conflict?

    • The land to which Jews and Palestinians lay claim to was under the Ottoman Empire and then the British Empire in early 20th century.
    • Palestinian people —the Arab people from the same area— want to have a state by the name of Palestine in that area.
    • The conflict between Israelis and Palestinians is over who gets what land and how it’s controlled.
    • Jews fleeing the persecution in Europe at the time wanted to establish a Jewish state on the land which they believe to be their ancient homeland.
    • The Arab at the time resisted, saying the land was theirs.
    • The land at the time was called Palestine.
    • In 1917’s Balfour Declaration, the United Kingdom declared its support for the establishment of a “national home for the Jewish people” in Palestine.
    • Arabs resisted it which led to violence.

    When did the migration begin?

    • Some 75,000 Jews migrated to Palestine from1922-26 and some 60,000 Jews emigrated in 1935, according to a history published by the University of Central Arkansas.
    • It adds that Palestinian Arabs demanded the UK to halt Jewish emigration, but the UK ignored such calls. There were violent incidents, leading to deaths of some 500 people.
    • In 1923, the British Mandate for Palestine came into effect.
    • The document was issued by the League of Nations, the failed predecessor of the United Nations (UN).
    • The Mandate gave the UK the responsibility for creating a Jewish national homeland in the region.
    • In 1936, the UK government, recommended the partition of Palestine into Jewish and Arab states.

    Issue at the UN

    • In 1947, Britain referred the issue of Palestine to the UN, which came up with a partition plan.
    • It put up two proposals. One, two separate states joined economically —the majority proposal— and, two, a single bi-national state made up of autonomous Jewish and Palestinian areas, the minority proposal.
    • The Jewish community approved of the first of these proposals, while the Arabs opposed them both.

    Israel declares independence

    • In May 1948, Israel declared its independence.
    • The Arab countries of Lebanon, Syria, Iraq, and Egypt invaded the newly-declared country immediately.
    • When the war ended, Israel gained some territory formerly granted to Palestinian Arabs under the UN resolution in 1947.
    • It also retained control over the Gaza Strip and the West Bank respectively.

    The two-state solution and why it hasn’t worked out

    • The two-state solution refers to an arrangement where Israeli and Palestinian states co-exist in the region.
    • However, such a solution has not materialised over the decades.
    • As outlined in the beginning and in the briefly explained roots of the conflict, the two-state solution means two separate states for Israelis and Palestinians.

    There are four main reasons why the two-state solution has not materialized by now:

    [1] Borders

    • There is no consensus as to how to draw the lines dividing the two proposed states.
    • Many people say borders should have pre-1967 lines.
    • In 1967 Israeli-Arab war, Israel captured Sinai Peninsula, Gaza Strip, West Bank, Old City of Jerusalem, and Golan Heights.
    • Israel is not willing to give up these gains. It returned Sinai to Egypt in 1982.
    • Moreover, there is the question of Israeli settlements in West Bank.

    [2] Question of Jerusalem

    • Both Israel and Palestinians claim Jerusalem as their capital and call it central to their religion and culture.
    • The two-state solution typically calls for dividing it into an Israeli West and a Palestinian East, but it is not easy to draw the line — Jewish, Muslim and Christian holy sites are on top of one another.
    • Israel has declared Jerusalem its ‘undivided capital’, effectively annexing its eastern half, and has built up construction that entrenches Israeli control of the city.

    [3] Refugees

    • A large number of Palestinians had to flee in the 1948 War.
    • They and their descendants —numbering at 5 million— demand a right to return. Israel rejects this.
    • The return of these people would end the demographic majority of Jews, ending the idea of Israel that’s both democratic and Jewish.

    [4] Security

    • Security concerns are also central to Israel as it’s constantly harassed by terrorist group Hamas that controls Gaza Strip.
    • Hamas and other Islamist group in Gaza launch rockets into Israel time-to-time.
    • Moreover, there are also concerns of Palestinians’ attack inside Israel.
    • This year in March-April, at least 18 Israelis were killed in Palestinian attacks inside Israel.
    • A total of 27 Palestinians were also killed in the period, including those who carried out attacks inside Israel. Palestinians too have their concerns.
    • For Palestinians, security means an end to foreign military occupation.

    Why the two-state solution is needed?

    • Besides fulfilling the basic desire of both Jews and Arabs of their own states, supporters of two-state solutions say it must be backed because its alternatives are simply not workable.
    • A single state merging Israel, West Bank, and Gaza would reduce Jews to a minority.
    • At the same time, in such a state, Jews would be a significant minority which would mean that the Arab majority would be miffed.

    Moral reasoning too for a two-state solution

    • It says that the aspirations of one person should not be overridden for others’ aspirations.
    • It’s a struggle for collective rights between two distinct groups of people.
    • Jews are the global micro-minority with a very small piece of land to exist.
    • Depriving Israeli Jews of a Jewish state or Palestinians of a Palestinian state would represent a subordination of one group’s aspirations to someone else’s vision.

    Way forward

    • India opines that long-term peace in Israel and Palestine can be achieved only through a negotiated two-State solution leading.
    • This can be done with the establishment of a sovereign, independent and viable State of Palestine living within secure and recognized borders.

     

    UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)

  • Electricity (Amendment) Bill

    The government has tabled the Electricity (Amendment) Bill 2022 in the Lok Sabha. This has drawn huge protests across the country, in states like Tamil Nadu, Telangana, Rajasthan, and others.

    Electricity (Amendment) Bill

    • This Bill amends the Electricity Act, 2003. The Act regulates the electricity sector in India.
    • It sets up the Central and State Electricity Regulatory Commissions (CERC and SERCs) to regulate inter-state and intra-state matters, respectively.

    Key provisions under the Bill are:

    • Multiple discoms in the same area:  The Act provides for multiple distribution licensees (discoms) to operate in the same area of supply. The Bill removes this requirement.  It adds that a discom must provide non-discriminatory open access to its network to all other discoms operating in the same area, on payment of certain charges.
    • Power procurement and tariff:  Upon grant of multiple licenses for the same area, the power and associated costs as per the existing power purchase agreements (PPAs) of the existing discoms will be shared between all discoms.
    • Cross-subsidy Balancing Fund:  The Bill adds that upon grant of multiple licenses for the same area, the state government will set up a Cross-subsidy Balancing Fund.  Cross-subsidy refers to the arrangement of one consumer category subsidising the consumption of another consumer category.  Any surplus with a distribution licensee on account of cross-subsidy will be deposited into the fund.
    • Rules of Centre: The Bill specifies that the above matters related to the operation of multiple discoms in the same area will be regulated in accordance with the rules made by the central government under the Act.
    • License for distribution in multiple states:  As per the Bill, the CERC will grant licenses for distribution of electricity in more than one state.
    • Payment security:  The Bill provides that electricity will not be scheduled or despatched if adequate payment security is not provided by the discom.   The central government may prescribe rules regarding payment security.
    • Contract enforcement:  The Bill empowers the CERC and SERCs to adjudicate disputes related to the performance of contracts.  These refer to contracts related to the sale, purchase, or transmission of electricity.  Further, the Commissions will have powers of a Civil Court.
    • Renewable purchase obligation:  The Act empowers SERCs to specify renewable purchase obligations (RPO) for discoms.  RPO refers to the mandate to procure a certain percentage of electricity from renewable sources.  The Bill adds that RPO should not be below a minimum percentage prescribed by the central government.  Failure to meet RPO will be punishable with a penalty between 25 paise and 50 paise per kilowatt of the shortfall.
    • Selection committee for SERCs:  Under the Act, the Chairperson of the Central Electricity Authority or the Chairperson of the CERC is one of the members of the selection committee to recommend appointments to the SERCs.  Under the Bill, instead of this person, the central government will nominate a member to the selection committee.  The nominee should not be below the rank of Additional Secretary to the central government.

    Other key provisions

    • Tariff Ceilings: The Bill makes provision for “mandatory” fixing of minimum as well as maximum tariff ceilings by the “appropriate commission” to avoid predatory pricing by power distribution companies and to protect consumers.
    • Tariff revisions: The amendment has several provisions to ensure graded and timely tariff revisions that will help provide state power utilities enough cash to be able to make timely payments to power producers. This move is aimed at addressing the recurrent problem of default by distribution companies in payment to generation companies.
    • Payment security mechanism: The bill through amendments in Section 166 of the Act also seeks to strengthen payment security mechanisms and give more powers to regulators. It has become necessary to strengthen the regulatory mechanism, adjudicatory mechanism in the Act and to bring administrative reforms through improved corporate governance of distribution licensees.

    Why is it being opposed?

    • Provisions of the Bill are being opposed by a number of opposition-ruled states.
    • It is being termed anti-federal in spirit.
    • Power as a subject comes under the Concurrent List and it was the “the bounden duty or the mandatory obligation” of the Centre to consult the states.

    Criticisms

    • If passed in its current form it will lead to a major loss for government distribution companies, eventually helping to establish the monopoly of a few private companies in the country’s power sector.
    • By bringing in more retailers or distribution licensees, the quality of service or price is not going to be any different.

    How will these amendments help?

    • Power freebie: The Bill comes at a time when there is a debate around freebies being offered by political parties.
    • Discom crisis: Various state power distribution companies (Discoms) have not been able to raise enough resources to make timely payments to power generating companies.
    • Empowering discoms: Empowering the regulator to be able to take calls on tariff revision and ensuring that the government freebies, even on electricity, should be through direct benefit transfer.

     

    UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)

  • India Switzerland Relations

    Context

    Two countries will commemorate next year the 75th anniversary of the signing in New Delhi of the 1948 Treaty of Friendship.

    Cooperation between two countries in various area

    • Switzerland and Indian partners are collaborating on digital transformation, sustainability, health, life sciences, medtech, infrastructure, cleantech, fintech, blockchain, AI and robotics.
    • Innovation and investment continue to be the primary drivers of our bilateral relations.
    • With over 330 Swiss companies, Switzerland is the 12th largest investor in India.
    • About 100 Swiss companies manufacture locally and support the Make in India initiative.
    • Trade talks between Switzerland (European Free Trade Association EFTA) and India are high on the priority list.
    • Digitalisation is emerging as a relatively new area of engagement with enormous potential for Switzerland and India.
    • Switzerland plays a leading role in researching new technologies and is home to many innovative and world-leading technology companies.
    • As one of the most innovative countries of the world, Switzerland seeks to engage with India, the leader of the Industry 4.0 revolution, in areas ranging from digital governance to digital self-determination.

    Switzerland in UNSC as non-permanent member

    • Switzerland was elected to the United Nations Security Council as a non-permanent member for the first time this year in June.
    • Convergence in priorities at Security Council: There are convergences in Swiss and Indian priorities at the UN Security Council.
    • Switzerland, like India, is committed to a robust and effective multilateral system.
    • In the Security Council, Switzerland will do everything possible to ensure sustainable peace.
    • Many years ago, from 1971 to 1976, Switzerland represented India’s interests in Pakistan and vice versa.
    • In the Security Council, Switzerland will focus on the protection of civilians and on international humanitarian law.
    • Impact of climate change on security: Switzerland will also address climate change and its impact on security.
    • Reforms of Security Council: Switzerland desires effective UN institutions.
    • India has been advocating for a reform of the Security Council.
    • Switzerland’s fourth priority in 2023 and 2024 will be to contribute to improving the United Nations Security Council’s effectiveness towards greater transparency and accountability.

    Conclusion

    Two countries can together contribute to global good. This engagement is a result of not only our shared priorities, but also our shared democratic values and foreign policy independence.

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)

  • Disruptions in Parliament

    Context

    The inability of Parliament to transact any business and the lack of serious deliberation must be a matter of grave concern for all.

    Purpose of deliberative democracy

    • In a deliberative democracy, Parliament works as a special purpose vehicle for the legislative scrutiny of bills, grievance redressal and debate on policies and related governance issues.
    • Its failure to transact business is a sad commentary on three aspects — Members of Parliament, the presiding officers as well as the rules and regulations that define the functioning of both Houses.

    How disruption affects Member of Parliaments

    • For any parliamentarian, it is extremely disappointing to be unable to speak in the House for which he or she has — in most cases —given notice and come prepared.
    • And when this happens too often, their enthusiasm decreases.
    • Impact on quality of debate: In such a situation, members are often tempted to make a popular intervention than a substantive one.
    • This certainly impacts the quality of debates negatively.

    Challenges for presiding officer

    • For the presiding officers too, preventing disruptions is a serious challenge.
    • Perhaps presiding officers can emulate the courts of law.
    • Use of in-camera proceedings: Like in courts, the presiding officers  need to consider conducting in-camera proceedings in their chambers to insulate at least the Zero Hour and Question Hour from getting washed out.
    • While the House remains force-adjourned, presiding officers can order in-camera hearing of questions of MPs and replies of ministers.
    • Zero Hour submissions could also be dealt with similarly.
    • Some tweaking of existing rules and regulations may facilitate this.

    Issues with media coverage of Parliamentary proceedings

    • In any polity, systems work effectively when wrongdoers are punished and rule-abiding people are rewarded.
    •  What happens currently is exactly the opposite, especially in the context of coverage of parliamentary proceedings in mainstream media.
    •  The space allocated for parliamentary proceedings in both, print and electronic media is shrinking fast.
    • Rarely does one finds adequate coverage of Question Hour or Zero Hour compared to the past.
    • Debates on bills are also subject to brief and sketchy reporting.
    • Although disruptions have become common, they continue to get reported without fail and disruptors often bask in the media limelight.
    • As against this, those who make a reasonably good speech — well argued and supported by statistics, examples or case studies — rarely get adequate attention.
    • This too hampers the interest of parliamentarians.
    • It is high time we rise above the temptations of this tendency and think seriously about systemic reforms.

    Conclusion

    As the Parliament of independent India enters the eighth decade of its history and prepares to enter a new, more well-equipped and modern Parliament House, it is the right time to think about how we can add value to our deliberative democracy.

    UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)

  • 80 years of Quit India Movement

    On this day 80 years ago — on August 9, 1942 — the people of India launched the decisive final phase of the struggle for independence through the Quit India Movement.

    Quit India Movement

    • It was a mass upsurge against colonial rule on a scale not seen earlier, and it sent out the unmistakable message that the sun was about to set on the British Empire in India.
    • Mahatma Gandhi, who had told the Raj to “Quit India” on the previous day (August 8) was already in jail along with the entire Congress leadership.
    • So when August 9 dawned, the people were on their own — out on the street, driven by the Mahatma’s call of “Do or Die”.
    • This truly people-led movement was eventually crushed violently by the British, but by then it was clear that nothing short of their final departure was acceptable to India’s masses.

    The slogan ‘Quit India’

    • While Gandhi gave the clarion call of Quit India, the slogan was coined by Yusuf Meherally, a socialist and trade unionist who also served as Mayor of Bombay.
    • A few years ago, in 1928, it was Meherally who had coined the slogan “Simon Go Back”.

    Build-up to August 1942

    • Failure of Cripps Mission: While factors leading to such a movement had been building up, matters came to a head with the failure of the Cripps Mission. With WW2 raging, the beleaguered British government needed the cooperation of its colonial subjects. With this in mind, in March 1942, a mission led by Sir Stafford Cripps arrived in India to meet leaders of the Congress and the Muslim League.
    • Betrayal on WW2 Promises: The idea was to secure India’s whole-hearted support in the war, and the return offer to Indians was the promise of self-governance. But things did not go that way.
    • No complete freedom: Despite the promise of “the earliest possible realisation of self-government in India”, Cripps only offered dominion status, not freedom.
    • Unviable partition plan: Also, there was a provision for the partition of India, which was not acceptable to the Congress.

    Gandhiji’s departure from non-violent struggle

    • The failure of the Cripps Mission made Gandhi realise that freedom would come only if Indians fought tooth and nail for it.
    • The Congress was initially reluctant to launch a movement that could hamper Britain’s efforts to defeat the fascist forces. But it eventually decided on mass civil disobedience.
    • At the Working Committee meeting in Wardha in July 1942, it was decided the time had come for the movement to move into an active phase.

    Gandhi’s address: Do or Die

    • On August 8, 1942, Gandhi addressed the people in the Gowalia Tank maidan in Bombay (Mumbai). “Here is a mantra, a short one that I give you.
    • Imprint it on your hearts, so that in every breath you give expression to it,” he said.
    • “The mantra is: ‘Do or Die’. We shall either free India or die trying; we shall not live to see the perpetuation of our slavery,” Gandhi said.
    • Aruna Asaf Ali hoisted the Tricolour on the ground. The Quit India movement had been officially announced.
    • The government cracked down immediately, and by August 9, Gandhi and all other senior Congress leaders had been jailed.
    • Gandhi was taken to the Aga Khan Palace in Poona (Pune), and later to Yerwada jail. It was during this time that Kasturba Gandhi died at the Aga Khan Palace.

    Course of events

    (1) People vs. the Raj

    • The arrest of their leaders failed to deter the masses.
    • With no one to give directions, people took the movement into their own hands.
    • In Bombay, Poona, and Ahmedabad, hundreds of thousands of ordinary Indians clashed with the police.
    • The following day (August 10), protests erupted in Delhi, UP, and Bihar.
    • There were strikes, demonstrations and people’s marches in defiance of prohibitory orders in Kanpur, Patna, Varanasi, and Allahabad.
    • The protests spread rapidly into smaller towns and villages.
    • Till mid-September, police stations, courts, post offices, and other symbols of government authority came under repeated attack.

    (2) Working class involvement

    • Railway tracks were blocked, students went on strike in schools and colleges across India, and distributed illegal nationalist literature.
    • Mill and factory workers in Bombay, Ahmedabad, Poona, Ahmednagar, and Jamshedpur stayed away for weeks.

    (3) Violent phase

    • Bridges were blown up, telegraph wires were cut, and railway lines were taken apart.

    Outcome: Brutal suppression

    • The Quit India movement was violently suppressed by the British — people were shot and lathi-charged, villages were burnt, and backbreaking fines were imposed.
    • In the five months up to December 1942, an estimated 60,000 people had been thrown into jail.
    • However, though the movement was quelled, it changed the character of the Indian freedom struggle, with the masses rising up to demand with a passion and intensity like never before.

     

    Try this PYQ:

    Q. Quit India Movement was launched in response to:

    (a) Cabinet Mission Plan

    (b) Cripps Proposals

    (c) Simon Commission Report

    (d) Wavell Plan

     

    [wpdiscuz-feedback id=”bejmwel566″ question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

     

    UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)

  • Panel bats for Equality in Child’s Guardianship

    A mother and father should have equal rights as guardians of their children and the Hindu Minority and Guardianship Act (HMGA), 1956 should be amended as it discriminates against women, a parliamentary panel has recommended in its report.

    Why in news now?

    • The said Act does NOT provide for joint guardianship.
    • NOR does it recognise the mother as the guardian of the minor legitimate child unless the father is deceased or is found unfit.
    • The Act gives preference to father over mother.
    • Thus it goes against the right to equality and right against discrimination envisaged under Articles 14 and 15 of the Constitution.

    What is Guardianship?

    • A guardian is a person appointed to look after another person or his property in India, as per the personal laws of the religion into which the minor was born.
    • He or she takes on the responsibility of caring for and protecting the person for whom he or she has been appointed guardian.
    • On behalf of the ward’s person and property, the guardian makes all legal decisions.

    Guardianship under the Hindu law

    • The Hindu Minority and Guardianship Act, 1956, regulates guardianship of minor children in Hindu law (covers Hindus, Sikhs, Jains and Buddhists in India).
    • A minor is described as anyone under the age of eighteen, according to Section 4(a) of the Act.
    • A guardian, according to Section 4(b) of the Act, is an individual who is responsible for the child’s care, property, or both.
    • The various forms of guardianship in India include:
    1. Natural guardian: Only three people are considered natural guardians, according to Section 6 of the 1956 Act: the mother, father, and husband.
    2. Testamentary guardian: A testamentary guardian is a guardian appointed in a will by the natural guardian. A father has the testamentary right to appoint a guardian for his legitimate children or property or both. If the mother is alive after the father’s death, she will be the guardian of the children, and the fathers will be restored only if the mother dies without appointing a guardian.
    3. Guardian appointed by the court: The court can appoint a guardian to a child under the Guardians and Wards Act, 1890 who would be called a certified guardian. The powers of the certified guardian are also stated in the Act. The Act confers power to district courts.
    4. De facto guardian: A de facto guardian is someone who has consistently shown an interest in caring for, handling, or managing the infant, his or her property, or both. A de facto guardian is not a legal guardian, and therefore, has no legal authority over the child or the child’s property, but he has assumed responsibility for the child and the property.
    5. Guardians by affinity: The guardianship of a minor widow by a relative within the degree of sapinda (generation of ancestors) is known as affinity guardianship.

    Guardianship under Muslim law

    The law of guardianship in Muslims came from certain verses in the religious texts.

    1. Natural guardian: The only father is considered the natural guardian of a child under Muslim law, and the mother is not considered a natural or other guardian even after the father’s death.
    2. Testamentary guardian: The term wali, guardian, amin, or kaim-mukam refers to a testamentary guardian.
    3. Guardian appointed by the court: When natural and testamentary guardians fail, the court has the right to appoint a guardian for the child. The Guardians and Wards Act of 1890 governs the appointment of a guardian for a child from any group.

     

    UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)

  • What is PESA Act?

    A Political Party has declared a six-point “guarantee” for tribals in Gujarat’s Chhota Udepur district, including the “strict implementation” of The Panchayats (Extension to the Scheduled Areas) Act (PESA Act).

    What is PESA Act?

    • The PESA Act was enacted in 1996 to provide for the extension of the provisions of Part IX of the Constitution relating to the Panchayats to the Scheduled Areas.
    • Other than Panchayats, Part IX, comprising Articles 243-243ZT of the Constitution, contains provisions relating to Municipalities and Cooperative Societies.
    • Under the PESA Act, Scheduled Areas are those referred to in Article 244(1), which says that the provisions of the Fifth Schedule shall apply to the Scheduled Areas and Scheduled Tribes in states other than Assam, Meghalaya, Tripura, and Mizoram.
    • The Fifth Schedule provides for a range of special provisions for these areas.

    How is the PESA Act, 1996 supposed to work?

    • The PESA Act was enacted to ensure self-governance through Gram Sabhas (village assemblies) for people living in the Scheduled Areas.
    • It recognises the right of tribal communities to govern themselves through their own systems of self-government, and also acknowledges their traditional rights over natural resources.
    • In pursuance of this objective, the Act empowers Gram Sabhas to play a key role in approving development plans and controlling all social sectors.

    Special powers accorded by PESA Act includes the:

    1. Processes and personnel who implement policies
    2. Exercising control over minor (non-timber) forest resources
    3. Minor water bodies and minor minerals
    4. Managing local markets
    5. Preventing land alienation and
    6. Regulating intoxicants among other things

    States and PESA Act

    • State governments are expected to amend their respective Panchayati Raj Acts without making any law that would be inconsistent with the mandate of PESA.
    • Ten states — Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, and Telangana — have notified Fifth Schedule areas that cover partially or fully several districts in each of these states.
    • After the PESA Act was enacted, the central Ministry of Panchayati Raj circulated model PESA Rules.
    • So far, six states have notified these Rules, including Gujarat.

    What is the issue in Gujarat?

    • Gujarat notified the State PESA Rules in January 2017, and made them applicable in 4,503 gram sabhas under 2,584 village panchayats in 50 tribal talukas in eight districts of the state.
    • The provisions of the law deem the Gram Sabhas as “most competent”.
    • However, the Act has not been enforced in letter and spirit.
    • The Act lays down that the state must conduct elections in such a way that the tribal representation is to be dominant in the Gram Sabha Committees.
    • Yet again, there has been no attempt to proportionally increase the representation.

    Try this PYQ:

    Q.The Government enacted the Panchayat Extension to Scheduled Areas (PESA) Act in 1996. Which one of the following is not identified as its objective?

    (a) To provide self-governance

    (b) To recognize traditional rights

    (c) To create autonomous regions in tribal areas

    (d) To free tribal people from exploitation

     

    [wpdiscuz-feedback id=”x4jhcgg6m9″ question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

     

    UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)

  • How to stop illegal mining of minor minerals

    Context

    While laws and monitoring have been made stringent for the mining of major minerals consequent to the unearthing of several related scams across the country, the fact is that rampant and illegal mining of minor minerals continues unabated.

    What are minor minerals?

    •  “Minor minerals” means building stones, gravel, ordinary clay, ordinary sand other than sand used for prescribed purposes, and any other mineral which the Central Government may, by notification in the Official Gazette, declare to be a minor mineral;
    • Regulation exclusively by States: Unlike major minerals, the regulatory and administrative powers to frame rules, prescribe rates of royalty, mineral concessions, enforcement, etc. are entrusted exclusively to the State governments.
    • The Environment Impact Assessment (EIA) Notifications of 1994 and 2006 made environmental clearance compulsory for mining in areas more than or equal to five hectares.
    • The EIA was amended in 2016 which made environmental clearance mandatory for mining in areas less than five hectares, including minor minerals.
    • The amendment also provided for the setting up of a District Environment Impact Assessment Authority (EIAA) and a District Expert Appraisal Committee (EAC).

    The problem of illegal mining of minor minerals

    • The United Nations Environment Programme, in 2019, ranked India and China as the top two countries where illegal sand mining has led to sweeping environmental degradation.
    • No comprehensive assessment: Despite this, there is no comprehensive assessment available to evaluate the scale of sand mining in India.
    • Damage to the environment: Regional studies such as those by the Centre for Science and Environment of the Yamuna riverbed in Uttar Pradesh have observed that increasing demand for soil has severely affected soil formation and the soil holding ability of the land, leading to a loss in marine life, an increase in flood frequency, droughts, and also degradation of water quality.
    • Loss to exchequer: It is not just damage to the environment. Illegal mining causes copious losses to the state exchequer.
    • A State-wide review of the reasons behind non-compliance suggests a malfunction of governance due to weak institutions, a scarcity of state resources to ensure enforcement, poorly drafted regulatory provisions, inadequate monitoring and evaluation mechanisms, and excessive litigation that dampens state administrative capacity.

    Way forward: Use of technology

    • Use of satellite imagery: Satellite imagery can be used to monitor the volume of extraction and also check the mining process.
    • Recently, the NGT directed some States to use satellite imagery to monitor the volume of sand extraction and transportation from the riverbeds.
    • Drones, IoT and blockchain: Additionally, drones, the internet of things (IoT) and blockchain technology can be leveraged to monitor mechanisms by using Global Positioning System, radar and Radio Frequency (RF) Locator.
    • State governments such as Gujarat and judicial directions such as the High Court of Madras have employed some of these technologies to check illegal sand mining.

    Conclusion

    Protecting minor minerals requires investment in production and consumption measurement and also monitoring and planning tools. To this end, technology has to be used to provide a sustainable solution.

    UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)