💥UPSC 2027,2028 Mentorship (April Batch) + Access XFactor Notes & Microthemes PDF
Talk to mentor

Civilsdaily

Login

Archives: News

  • Food Procurement and Distribution – PDS & NFSA, Shanta Kumar Committee, FCI restructuring, Buffer stock, etc.

    [pib] Centre declares Soya Meal as an Essential Commodity

    | Governance | Mains Paper 2: Governance, Transparency & Accountability, Citizens Charters

    In a bid to cool down the domestic prices of Soya Meal, Government has notified order under the Essential Commodities Act to declare ‘Soya Meal’ as Essential Commodities under the Essential Commodities Act, 1955.

    Essential Commodities Act

    • The ECA, 1955 was established to ensure the delivery of certain commodities or products, the supply of which, if obstructed due to hoarding or black marketing, would affect the normal life of the people.
    • The list of items under the Act includes drugs, fertilizers, pulses, and edible oils, as well as petroleum and petroleum products.
    • The Centre can include new commodities as and when the need arises, and takes them off the list once the situation improves.
    • Additionally, the government can also fix the maximum retail price (MRP) of any packaged product that it declares an “essential commodity”.

    How ECA works?

    (1) Centre notifying stock limit holding

    • If the Centre finds that a certain commodity is in short supply and its price is spiking, it can notify stock-holding limits on it for a specified period.
    • The States act on this notification to specify limits and take steps to ensure that these are adhered to.
    • Anybody trading or dealing in the commodity, be it wholesalers, retailers or even importers are prevented from stockpiling it beyond a certain quantity.

    (2) States can opt-out

    • A State can, however, choose not to impose any restrictions.
    • But once it does, traders have to immediately sell into the market any stocks held beyond the mandated quantity.

    What happens for non-compliance?

    • As not all shopkeepers and traders comply, State agencies conduct raids to get everyone to toe the line and the errant are punished.
    • The excess stocks are auctioned or sold through fair price shops.
    • This improves supplies and brings down prices.

    Ex: The Union Government has brought masks and hand-sanitizers under the ECA to make sure that these products, key for preventing the spread of Covid-19 infection, are available to people at the right price and in the right quality. Later this move was reverted.

    What about Food Items?

    (1) Items covered:

    Rice, wheat, atta, gram dal, arhar dal, moong dal, urad dal, masoor, dal, tea, sugar, salt, Vanaspati, groundnut oil, mustard oil, milk, soya oil, palm oil, sunflower oil, gur, potato, onion and tomato.

    (2) Price Stabilization Fund (PSF):

    The government utilizes the buffer of agri-horticultural commodities like pulses, onion, etc. built under Price Stabilization Fund (PSF) to help moderate the volatility in prices.

    Recent amendments to the ECA

    In 2020, the EC Act was amended for the stock limit to be imposed only under exceptional circumstances such as famine or other calamities.

    • Exceptional circumstances: It allowed the centre to delist certain commodities as essential, allowing the government to regulate their supply and prices only in cases of war, famine, extraordinary price rises, or natural calamities.
    • Commodities de-regulated: The commodities that have been deregulated are food items, including cereals, pulses, potatoes, onion, edible oilseeds, and oils.

    Exceptions provided:

    • The government regulation of stocks will be based on rising prices, and can only be imposed if there is
    1. A 100% increase in retail price in the case of horticultural produce and
    2. A 50% increase in retail price in the case of non-perishable agricultural food items
    • These restrictions will not apply to stocks of food held for public distribution in India.

     

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

    Get an IAS/IPS ranker as your 1: 1 personal mentor

  • Judicial Reforms

    Plea in Supreme Court seeks ‘Uniform Judicial Code’ for HCs

    | Polity | Mains Paper 2: Executive & Judiciary

    A petition was filed in the Supreme Court to implement a “Uniform Judicial Code (UJC)” for High Courts across the country to adopt a uniform set of procedures, especially for virtual courts.

    What is the PIL about?

    • The petition urged the apex court to take appropriate steps to adopt uniform procedure for case registration, use common judicial terms, phrases and abbreviations and make the court fee uniform.
    • It has, alternatively, sought a direction to the Law Commission of India to prepare a report in consultation with the HC in this regard.

    Why need UJC?

    • Matter of Equality: Judicial equality is a matter of constitutional right, its differentiation based on the jurisdiction of courts violates the right to equality.
    • Different nomenclatures: All the 25 High Courts have different usage of the phrases when it comes to identifying different cases.
    • Diverse procedures: The PIL plea highlighted how different High Courts follow different procedures in matters pertaining to virtual courts, started during the pandemic.
    • Different fees: Unequal court fees in different states discriminate among citizens based on their place of birth and residence. Moreover, it promotes regionalism; hence it is a clear violation of Articles 14-15.

    Way forward: Bringing in digitized Judiciary systems

    • The judiciary needs to develop a well-defined framework supported by an accessible platform and direct e-court system in India.
    • It also needs to harp on advanced infrastructure to run an e-court system that eradicates the digital divide, simultaneously upping judicial functioning.
    • While the digitized judicial systems give some semblance of convenience for the people who interact with the court, digitization also brings threats of intrusion etc.

     

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

    Get an IAS/IPS ranker as your 1: 1 personal mentor

  • International Space Agencies – Missions and Discoveries

    How James Webb Telescope seeks to unlock Universe’s Secrets

    Prelims Only | Science Tech | Mains Paper 3: Conservation, Environmental Pollution & Degradation, Eia

    Today, NASA’s James Webb Space Telescope (JWST), the largest and most powerful space telescope ever built, will be launched from French Guiana, on the northeast coast of South America on the European Ariane 5 rocket.

    James Webb Space Telescope

    • JWST is a space telescope jointly developed by NASA, the European Space Agency (ESA), and the Canadian Space Agency (CSA).
    • It is planned to succeed the Hubble Space Telescope as NASA’s flagship astrophysics mission.
    • It will conduct a broad range of investigations across the fields of astronomy and cosmology, including:
    1. Observing some of the most distant events and objects in the universe such as the formation of the first galaxies
    2. Detailed atmospheric characterization of potentially habitable exoplanets

    How is it different from other telescopes?

    • JWST is much more powerful and has the ability to look in the infrared spectrum, which will allow it to peer through much deeper into the universe, and see through obstructions such as gas clouds.
    • As electromagnetic waves travel for long distances, they lose energy, resulting in an increase in their wavelength.
    • An ultraviolet wave, for example, can slowly move into the visible light spectrum and the infrared spectrum, and further weaken to microwaves or radio waves, as it loses energy.
    • Hubble was designed to look mainly into the ultraviolet and visible regions of the electromagnetic spectrum.
    • JWST is primarily an infrared telescope, the first of its kind.

    Special features of JWST

    (1) Time machine in space

    • Powerful space telescopes, like JWST or the Hubble Telescope, are often called time machines because of their ability to view very faraway objects.
    • The light coming from those objects, stars or galaxies, which is captured by these telescopes, began its journey millions of years earlier.
    • Essentially, what these telescopes see are images of these stars or galaxies as they were millions of years ago.
    • The more distant the planet or star, the farther back in time are the telescopes able to see.

    (2) Farthest from Earth

    • JWST will also be positioned much deeper into space, about a million miles from Earth, at a spot known as L2.
    • It is one of the five points, known as Lagrange’s points, in any revolving two-body system like Earth and Sun, where the gravitational forces of the two large bodies cancel each other out.
    • Objects placed at these positions are relatively stable and require minimal external energy to keep them there. L2 is a position directly behind Earth in the line joining the Sun and the Earth.
    • It would be shielded from the Sun by the Earth as it goes around the Sun, in sync with the Earth.

    (3) Engineering marvel

    • JWST has one large mirror, with a diameter of 21 feet (the height of a typical two-storey building), that will capture the infra-red light coming in from the deep universe while facing away from the Sun.
    • It will be shielded by a five-layer, tennis court-sized, kite-shaped sunscreen that is designed to block the heat from Sun and ensure the extremely cool temperatures that the instruments are built to operate at.
    • Temperatures on the sun-facing side can get as high as 110°C, while the other side would be maintained at –200° to –230°C.
    • The extremely cold temperatures are needed to detect the extremely faint heat signals from distant galaxies.
    • The mirror as well as the sunscreen is so large they could not have fit into any rocket. They have been built as foldable items and would be unraveled in space.

     

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

    Get an IAS/IPS ranker as your 1: 1 personal mentor

  • Swachh Bharat Mission

    Meendum Manjappai Scheme

    Prelims Only | Enviro & Biodiversity | Mains Paper 3: Conservation, Environmental Pollution & Degradation, Eia

    Tamil Nadu CM has launched the ‘Meendum Manjappai’ Scheme to promote the use of cloth bags by the public and discourage the use of plastic bags.

    Meendum Manjappai Scheme

    • This awareness campaign on using ‘yellow’ cloth bag or ‘manjapai’ as it is called in Tamil, is aimed at encouraging the people to return to the use of this eco-friendly bag and discard the plastic bags.
    • Manjal means turmeric in Tamil which has curative power. The manjapai was an integral part of daily life in the past.
    • Traditionally the manjapais were used for shopping, carrying books, ration and even cash.
    • The state government had enforced a ban on the production, use, storage, distribution, transportation or sale of 14 types of plastics with effect from January 1, 2019.

     

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

    Get an IAS/IPS ranker as your 1: 1 personal mentor

  • RBI Notifications

    What is Tokenization of Debit and Credit Cards?

    | Economics | Mains Paper 3: Effects Of Liberalization On The Economy, Changes In Industrial Policy and their effects on Industrial Growth

    The Reserve Bank of India (RBI) has decided to defer the implementation of tokenization of debit and credit cards for online transactions by a further six months following representations from stakeholders.

    RBI decision

    • RBI has also extended tokenization of Card-on-File (CoF) transactions where card details are saved by merchants — and directed the merchants not to store card details in their systems from January 1, 2022.
    • A CoF transaction is one in which a cardholder has authorized a merchant to store his or her Mastercard or Visa payment details, and to bill the stored account.
    • E-commerce companies and airlines and supermarket chains often store card details.

    What is Tokenisation?

    • Tokenisation refers to the replacement of credit and debit card details with an alternative code called a ‘token’.
    • This token is unique for a combination of card, token requestor (the entity that accepts a request from the customer for tokenisation of a card and passes it on to the card network to issue a token) and the device.

    Benefits of Tokenization

    • Transaction safety: Tokenization reduces the chances of fraud arising from sharing card details.
    • Easy payments: The token is used to perform contactless card transactions at point-of-sale (PoS) terminals and QR code payments.
    • Data storage: Only card networks and card-issuing banks will have access to and can store any card data.

    How are the transactions currently processed?

    • There are many players involved in processing one card transaction today:
    1. Merchant
    2. Payment aggregator
    3. Issuing bank
    4. Card network
    • When a transaction happens on a merchant platform, the data is sent to the payment aggregator (PA).
    • The PA next sends the details to either the issuing bank or the card network.
    • Then issuing bank sends an OTP and the transaction flows back.

    Which companies dominate card transactions in India?

    Is the industry ready to implement this?

    • Not fully, that is why the RBI had to extend the deadline.
    • The industry currently can convert CoF into a tokenized number. However, the readiness to process the token is negligible.
    • About 90% of banks are ready with provisioning of token on Visa. Only 25-30% banks are ready on Mastercard.

    Impact on businesses

    If the industry isn’t ready, several business models would be impacted.

    • E-mandates (recurring payments) will stand ineffective from 1 July.
    • Card EMIs account for 25% of online e-commerce sales. That option will no longer be available.
    • Cashbacks/discount offers by banks will be impacted, too.
    • A user may not be able to use Mastercard saved cards on a merchant platform to make a transaction and will have to enter the card details every time a transaction is made.
    • This could be the same for some Visa cards.

    Way forward

    • The new system is a much bigger disruption to the way digital payments will henceforth be processed.
    • Integration of systems and the ability to process is one part.
    • The industry also needs to test the performance and success rate of the tokenization solution.

     

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

    Get an IAS/IPS ranker as your 1: 1 personal mentor

  • Women Safety Issues – Marital Rape, Domestic Violence, Swadhar, Nirbhaya Fund, etc.

    Maharashtra govt.’s Shakti Bill

    | Governance | Mains Paper 2: Laws, Institutions & Bodies Constituted For The Vulnerable Sections

    The Maharashtra government’s Shakti Criminal Laws (Maharashtra Amendment) Bill, 2020, on crimes against women and children has recommended capital punishment in rape cases.

    Why have stringent laws have consistently failed to instill any fear in rapists? Discuss.

    Shakti Act: Key Provisions

    • Capital punishment: It proposes stringent punishment including the death penalty and heavy fines for the culprits.
    • Fast-track trial: Special police teams and separate courts will be set up for investigation and trial of cases against women and children.
    • Jail term: The perpetrators if found guilty will be punished with imprisonment for life for not less than ten years but may extend to the remainder of natural life or with death in cases which have characteristics of being heinous in nature.
    • Compensation: A sum of Rs 10 lakh will be given to an acid attack victim for plastic surgery and facial reconstruction and the amount will be collected as fine from the convict.
    • Rapid investigation: The investigation shall be completed within a period of 15 working days from the date of registration of an offence. This can be extended by 7 days.
    • In-camera investigation: Some cases will be tried in-camera for the recording of evidence of victims and witnesses who are vulnerable.

    Why in news?

    (1) Covering acid-attacks

    • Politicians in Maharashtra have recommended increasing the quantum of punishment for acid attack cases under section 326A of IPC to at least 15 years that may extend to the remainder of a convict’s natural life.
    • The expenditure of plastic surgery and face reconstruction operations for the victim will be taken care of from the monetary fine to be charged on the accused.

    (2) Social media accountability

    • The panel has also increased the punishment under the IPC section 175A for failure to share data for probe by social media platforms, internet providers.
    • Also, under Pocso Act, the data must be within three days at the pain of penalty.

    (3) Curb on false complaints

    • Punishment will be increased for false complaints and for giving wrong information to a public servant.
    • The provisions under the bill are being made more stringent to punish the culprits and set deterrence.
    • However, it is also necessary that the innocent are saved and so severe punishment is required against people filing false or wrongful complaints.
    • The committee has also scrapped the provision of not giving anticipatory bail to people making wrongful or false complaints.

    (4) Covering trans-persons

    • Under section 354E, which provides for punishment for any act of intimidating woman and insulting her modesty, the category of offenders has been increased to cover men, women and even transgender persons.

    Limitations of stringent laws

    • Despite several laws, incidences of rapes continue unabated.
    • In fact, now we hear cases of extreme brutality.
    • The general perception is that since the laws have been made more stringent, so the rapists resort to extreme measures in a bid to destroy the evidence.

    Way forward

    • What we need is better policing, making public spaces safer for women, ensuring round-the-clock surveillance of isolated areas, and deployment of police at all strategic points.
    • Prevention and not punishment is the solution and that requires concerted efforts on part of all the stakeholders.
    • It is not harsher punishments that will deter. It is the fear of being caught and not being spared.

     

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

    Get an IAS/IPS ranker as your 1: 1 personal mentor

  • Modern Indian History-Events and Personalities

    Who was P.N. Panicker?

    PIB | | Mains Paper 1: Modern Indian History

    The President of India has recently unveiled the statue of Shri P.N. Panicker at Poojappura, Thiruvananthapuram.

    P.N. Panicker (1909-1995)

    • Puthuvayil Narayana Panicker is known as the Father of the Library Movement of Kerala.
    • June 19, his death anniversary, has been observed in Kerala as Vayanadinam (Reading Day) since 1996.
    • In 2017, PM has declared June 19, Kerala’s Reading Day, as National Reading Day in India.
    • The following month is also observed as National Reading Month in India

    Contributions

    • Panicker led the formation of Thiruvithaamkoor Granthasala Sangham (Travancore Library Association) in 1945 with 47 rural libraries.
    • The slogan of the organization was ‘Read and Grow’.
    • Later on, with the formation of Kerala State in 1956, it became Kerala Granthasala Sangham (KGS).
    • He traveled to the villages of Kerala proclaiming the value of reading.
    • Grandhasala Sangham won the ‘Krupsakaya Award’ from UNESCO in 1975.
    • It became the Kerala State Library Council, with an in-built democratic structure and funding.

     

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

    Get an IAS/IPS ranker as your 1: 1 personal mentor

  • Electoral Reforms In India

    Electoral reform is welcome, but shouldn’t be selective

    op-ed snap | Polity | Mains Paper 2: Representation Of People’s Act

    Context

    The Election Laws (Amendment) Bill that seeks to link the electoral rolls with the Aadhaar database has been passed by both the Houses of the parliament.

    Three electoral reforms

    • A wide range of electoral reform proposals has been pending with the government, several of them for over two decades.
    • The three reforms — common electoral rolls for Vidhan Sabha and panchayat elections, extending the qualifying date for registration of young new voters, and linking of Aadhaar with electoral rolls — taken up by the Union Cabinet on December 15 are, therefore, significant.

    [1] Common electoral rolls

    • For years, the ECI has been advocating a common electoral roll for all elections.
    • Currently, separate electoral rolls are maintained for elections to the Lok Sabha, Vidhan Sabha and local government bodies (panchayats or municipal).
    • Role of ECI and SECs: There are two types of election management bodies in the country — the ECI that conducts the Lok Sabha and Vidhan Sabha elections and SECs that conduct panchayat and municipal elections.
    • The process for making electoral rolls is laid down in the Registration of Electors Rules, 1960.
    • The SECs have the option of either adopting the electoral rolls created by the ECI or preparing such rolls on their own.
    • Most prefer to use the rolls prepared by the ECI.
    • Some states, however, develop their rolls independently.
    • These are Uttar Pradesh, Uttarakhand, Madhya Pradesh, Kerala, Odisha, Assam, Arunachal Pradesh, Nagaland and the Union Territory of Jammu and Kashmir.
    • Considering that a voter for all three tiers of elected bodies is the same, why is it that she finds her name missing from one of the rolls, mostly the panchayat rolls?
    • This is particularly surprising when the officials responsible for making both these rolls are the same.
    • A common electoral roll is thus a logical solution. 

    Benefits of common electoral rolls

    • Tackling stuffing voters: A common experience has been the stuffing of bogus voters in the panchayat/municipal rolls.
    • Corrupt practices are proportionately higher in PRI polls.
    • Avoid the involvement of teachers in the non-teaching work: The process of making electoral rolls is usually done by the schoolteachers.
    • Their involvement in non-teaching work takes its toll.
    • Cost-saving: A common electoral roll will obviate the need for deploying them repeatedly, besides saving enormous costs.

    Suggestions for preparation of common electoral rolls

    • Issue joint instructions: The ECI and SECs can issue joint instructions for preparing the common rolls. The roll-making machinery stays the same.
    • Pilot studies may be conducted in random constituencies to identify the discrepancies between two sets of rolls and their reasons.

    What are the constitutional and legal changes required?

    • Amendment in Article 243K and 243ZA: The SECs derive their powers to supervise local body elections from Articles 243K and 243ZA of the Constitution.
    • Changes in State laws: All state governments would have to change their electoral laws to adopt ECI electoral rolls for local elections.

    [2] Eligibility date of new voters

    • According to Section 14(b) of the Representation of People Act of 1950, only those who have turned 18 on or before January 1 of the year are to be registered.
    • This implies that all those who turn 18 between January 2 and December 31 of a year must wait till the next year.
    • This technicality results in the exclusion of a large section of 18-year-olds.

    Suggestion by ECI on eligibility date

    • The ECI had sent a letter to the Law Ministry on November 4, 2013, which recommended the issuing of a voter card to an individual ideally on their 18th birthday, or updating voter rolls every month or quarter.
    • A committee of the Ministry of Law and Justice under Sushil Kumar Modi has proposed quarterly cut-off dates for voter registration — January 1, April 1, July 1 and October 1.

    [3] Aadhar linking

    • The proposal to link electoral rolls with Aadhaar was first mooted by the ECI in 2015 but work on it had to be stopped when the Supreme Court ruled that Aadhaar cannot be used except voluntarily for beneficiary-oriented schemes.
    • Benefits of linking: The linking will help in identifying duplicate voters, something that ECI has been desperately attempting for years using various “de-duplication” software with limited success.

    Consider the question “What are the concerns with linking of Aadhar and electoral rolls? Suggest the way forward.”

    Conclusion

    Any progress in addressing the vexed issue of electoral reform — even in a piecemeal manner — is welcome. The time has, however, come for the government to consider the 40-plus pending proposals, instead of selectively going for some reforms.

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

    Get an IAS/IPS ranker as your 1: 1 personal mentor

  • Electoral Reforms In India

    In electoral reform bill’s passing, a missed opportunity

    op-ed snap | Polity | Mains Paper 2: Representation Of People’s Act

    Context

    The Election Laws (Amendment) Bill, 2021 was passed in the Lok Sabha recently. It seeks to link electoral rolls with the Aadhaar ecosystem.

    What are the concerns with linking of Aadhar with electoral roll?

    [1] Aadhar is not proof of citizenship

    • Aadhaar is not meant to be a citizenship proof but only a digital identity for all residents.
    • Residence of 182 days can make even a non-citizen eligible for an Aadhaar ID.

    [2] Aadhar is not address proof

    • According to public statements by several government functionaries, Aadhaar was only meant to be identity proof but not address proof.
    • Electoral roll is based on Aadhar: In contrast, the RER clearly stipulates address to be a key index for electoral rolls.
    • Different enrollment process: Moreover, the enrolment processes for voters’ lists and Aadhaar are completely different.
    • Whereas Aadhaar enrolment is based on production of existing documents and the “introducer system”, voter enrolments involve physical verification and “house visits” by a registration officer or representative.

    [3] No audit report on the efficacy of Aadhaar deduplication or on the authenticity of the Aadhaar database

    • Even the Supreme Court accepted the Unique Identification Authority of India’s (UIDAI) claims on the integrity of the Aadhaar database at face value without any scrutiny.
    • Risk of exclusion error: Using Aadhaar to clean the electoral rolls involved the risk of disenfranchisement, especially of the marginalised communities.
    • It is to be noted that there is ample publicly documented evidence of large-scale exclusion in PDS and welfare disbursal due to Aadhaar.

    [4] Conflict of interest

    • UIDAI is under government control: Maintenance of the voters’ lists is a primary responsibility of the ECI, which is an independent constitutional body, whereas Aadhaar is a government instrument and UIDAI is under government control.
    • Since the ECI has no control on either enrolment or deduplication in Aadhaar, it appears inappropriate — and a potential conflict of interest — to use Aadhaar for electoral rolls.
    • In particular, since Aadhaar is directly used for disbursal of welfare and direct benefit transfers, linking it with voter ID may provide a direct method for the government to influence and manipulate voters.

    [5] Risk of profiling and targeting of voters

    • Aadhaar is a ubiquitous ID that is used in a variety of applications.
    • Linking it with the voter ID will open up avenues for profiling and targeting of voters.
    • No audit for purpose limitation: This is of particular concern because neither the UIDAI nor the ECI have publicly audited architectures for purpose limitation and protection against insider attacks.
    • While profiling using public data is not illegal according to current laws, both the electorate and Parliament need to clearly understand the risks of such profiling.
    • It is far easier to win elections through digital analysis of electoral rolls than through attacking the electronic voting process, especially when election results are available at booth-level granularity
    • Both privacy and integrity of the electoral rolls are of paramount importance in the digital age, and the clear tension between the two makes the problem challenging.

    Way forward

    • Use of cryptography: The RER of 1960 clearly opted for transparency as a means to the integrity of the electoral rolls, thereby ensuring that all additions and deletions can be publicly audited.
    • However, with the possibility of digital processing of electoral data, the risks associated with such complete transparency have increased manifold.
    • Yet, there are several modern techniques from cryptography and computer science that may help mitigate the risks by enabling both privacy and public auditability.

    Consider the question “The Election Laws (Amendment) Bill, 2021 enable the linking of electoral rolls with the Aadhaar ecosystem. What are the objectives of such linking and concerns raised against it?”

    Conclusion

    An electoral reforms bill at the onset of 2022 needed to explore and address these issues head-on.

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

    Get an IAS/IPS ranker as your 1: 1 personal mentor

  • Women Safety Issues – Marital Rape, Domestic Violence, Swadhar, Nirbhaya Fund, etc.

    Karnataka’s Anti-Conversion Legislation

    | Indian Society | Mains Paper 1: Communalism, Secularism, Regionalism

    Amid opposition, the Karnataka Protection of Right to Freedom of Religion Bill, 2021, was introduced in the Assembly.

    What is the Bill about?

    • The Bill envisages stringent provisions for forced or induced conversions.
    • The government wants to prohibit conversion by:
    1. Misrepresentation
    2. Force
    3. Allurement
    4. Fraudulent means
    5. Marriage
    6. Coercion and undue influence

    Key features of the Bill

    (1) Filing of Complaints

    • Complaints of conversions can be filed by family members of a person who is getting converted, or any other person who is related to the person who is getting converted, or any person associated with the person getting converted.

    (2) Punishment and fines

    • The offense of conversion is cognisable and non-bailable and will attract a jail term of three to five years and a fine of ₹25,000 for people found violating the law.
    • There is a jail term of three to 10 years, and a fine of ₹50,000 for people converting minors, women and persons from the SC and ST communities.
    • The Bill also envisages a compensation of ₹5 lakh to victims of forced conversions.

    Do you know?

    Odisha was the first State to enact anti-conversion legislation, the Orissa Freedom of Religion Act, 1967. Madhya Pradesh enacted the same the following year.

    What about willful conversion?

    • Prior information: After the law comes into force, any person intending to convert to another religion will have to inform the district magistrate at least thirty days in advance.
    • Due inquiry of purpose: The person executing the conversion must also give a notice one month in advance, following which an inquiry will be conducted by the district magistrate through the police to establish the real intent of conversion.
    • Defying the conversion: Not informing the district magistrate will lead to the conversion being declared null and void.

    Impact of non-conformance

    • Not informing authorities will carry a prison term of six months to three years for persons who are converted and one year to five years for the persons carrying out the conversions.
    • After getting converted, the person has to again inform the district magistrate within 30 days after conversion and must appear before the district magistrate to confirm his/her identity.

    What happens once the Conversion is held valid?

    • Post conversion, the district magistrate has to inform revenue authorities, the social welfare, minority, backward classes and other departments of the conversion.
    • These authorities will, in turn, take steps with respect to the entitlements of the person in terms of reservations and other benefits.

    How many states have enacted the legislation?

    • Arunachal Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Odisha, Uttar Pradesh and Uttarakhand have laws restricting religious conversion.
    • Penalties for breaching the laws can range from monetary fines to imprisonment, with punishments ranging from one to three years of imprisonment and fines from ₹5,000 to ₹50,000.
    • Some of the laws provide for stiffer penalties if women, children, or members of Scheduled Castes or Scheduled Tribes (SC/ST) are being converted.
    • Some other States, including Manipur, are reportedly “considering similar laws.”

    How has Parliament handled anti-conversion bills?

    After independence, Parliament introduced a number of anti-conversion bills which were not enacted for want of majority approval.

    • In post-Independent India, the first Indian Conversion (Regulation and Registration) Bill, 1954, which sought to enforce “licensing of missionaries and the registration of conversion.”
    • This was followed by the introduction of the Backward Communities (Religious Protection) Bill, 1960, “which aimed at checking conversion of Hindus to ‘non-Indian religions’ .
    • Non-India religions included Islam, Christianity, Judaism and Zoroastrianism,.
    • The Freedom of Religion Bill in 1979, which sought “official curbs on inter-religious conversion.”

    Religious conversion: A Constitutionality check

    • Indian Constitution aspires toward tolerance of all religions and guaranteed that each person was “equally entitled to freedom of conscience and the right to freely profess, practice and propagate religion” (Article 25).
    • This formulation did not come without dispute; the word “propagate” was one of the most contested in the whole of Indian Constitution.

    Core issue: Prevalence of Inter-faith Marriage

    • India has the Special Marriage Act, 1954, which can be used by inter-faith/inter-community couples to get married.
    • The Act, however, requires an advance notice of 30 days to the magistrate before a couple is able to register their marriage.
    • When the parties are from different faiths, communities or castes, such a public notice can be, and has been, a great source of danger and harm from their family/community members.
    • Consequently, the only option exercised by the inter-faith couples is for one of them to convert to the religion of the other and get married.

    Issues with such laws

    The anti-conversion laws have been challenged on the ground that innocent persons were being booked under these Acts.

    • Patriarchal dominance: It is widely presumed that such conversions involve ‘coercion’ or ‘deceit’, and hence, Hindu women ought to be ‘protected’ from the danger of conversion.
    • Targeting minorities: These laws target Muslims and quoted instances of such inter-faith couples having been harassed by militant activists and state government authorities.
    • Freedom of Conscience: Women, it is clear, are being treated in a paternalistic way which assumes that they need protection at the cost of their right to make reasoned decisions about changing faith or choosing a friend or life partner.

    What about Incentivised Conversions?

    • There are many cases of incentivized conversions for the poor sections of society in exchange for a dignified social life.

    For them, the solution lies in addressing the root issues:

    1. Ending discrimination
    2. Providing high quality and free education to the poor and disenfranchised
    3. Improving access and quality of free health facilities and medicines
    4. Improving nourishment and
    5. Providing adequate employment opportunities to all

    Conclusion

    • Clearly, anti-conversion laws amount to discrimination and a violation of the right to equality.
    • However, inter-faith marriages should not be pre-conditioned with religious conversion. This certainly raises concerns for the majority of society.
    • Instead of pursuing this disastrous course, the government could work towards removing impediments to inter-faith marriages and eradicating the social stigma attached to such marriages.
    • The couples who wish to enter into an inter-faith alliance are enabled and protected.

     

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

    Get an IAS/IPS ranker as your 1: 1 personal mentor

Join the Community

Join us across Social Media platforms.