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  • Gujarat Anti-Conversion Law

    The Gujarat High Court this week stayed key provisions of The Gujarat Freedom of Religion (Amendment) Act, 2021 pertaining to marriages involving religious conversion of either of the two parties.

    What is the Anti-Conversion Law?

    • The legislation has amended the 2003 Gujarat Freedom of Religion Act.
    • The amendment was brought in line with several similar laws enacted last year by right-wing-ruled states, starting with Uttar Pradesh.
    • The laws seek to end conversion through unlawful means, specifically prohibit any conversion for marriage, even if it is with the consent of the individual except when a prior sanction is obtained from the state.
    • Apart from UP and Gujarat, Madhya Pradesh and Himachal Pradesh too, have also enacted similar laws.

    Controversial provisions

    • Vagueness: It gives powers to the state to conduct a police inquiry to verify the intentions of the parties to convert for the purposes of marriage.
    • Burden of proof: Section 6A reverses the burden of proof on the partner of the converted spouse to prove that he/she did not coerce the other spouse.
    • Intent of marriage: Section 4 allows the aggrieved person, their parents, brother, sister, or any other person related by blood or marriage or adoption to file an FIR challenging the conversion and subsequent marriage.
    • Conversion as Allurement: The law considers lawful conversions as “allurement” in vague.
    • Discrimination: It defines over-broad terms; prescribes different jail terms based on gender; and legitimizes the intrusion of family and the society at large to oppose inter-faith marriages.

    Issues with such laws

    • Stereotyping of lawful conversion: The new anti-conversion laws shift the burden of proof of a lawful religious conversion from the converted to his/her partner.
    • Curb on individual freedom: Legal experts have pointed out that the laws interfere in an individual’s agency to marry a partner from different faith and to choose to convert from one’s religion for that purpose.
    • Interference of state: Apart from being vague and sweeping, the laws also test the limits to which the state can interfere in the personal affairs of individuals.
    • Violative of FRs: The freedom to propagate one’s religion (A25) and the right to choose a partner are fundamental rights (A21) that the new anti-conversion laws impinge upon.

    What has the Gujarat High Court held?

    • A Division Bench of the Gujarat High Court has granted an interim stay on certain provisions of the amendment that interfere with inter-faith marriages.
    • It has held that the bill interferes with the intricacies of marriage including the right to the choice of an individual, thereby infringing Article 21.
    • The interim stay on certain provisions will have to be confirmed when the larger challenge is decided.

    What was the government’s defence?

    • The state government had argued that the law did not prohibit all inter-faith marriages, but only the ones based on fraud and coercion.
    • To buttress its submission, Advocate General had argued that the Act must be read as a whole to interpret the provision, and the provision alone could not be read by itself.
    • However, the court said that the wider interpretation would happen at a later stage, and stayed the provisions for the time being. A larger challenge would determine the fate of the law eventually.

    Significance of the ruling

    • The HC ruling, although preliminary, comes as a relief to interfaith couples from being harassed.
    • The reading could have a bearing on challenges pending in other HCs (namely in MP, UP, Himachal etc).
    • However, its real impact on the ground could be limited, as larger constitutional nuances are often difficult to permeate, especially when it is not a final and binding verdict.

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  • AERA Bill, 2021

    In the recent monsoon session, Parliament passed the Airports Economic Regulatory Authority of India (Amendment) Bill, 2021.

    Key features of the AERA Bill, 2021

    • It seeks to amend the Airports Economic Regulatory Authority of India Act, 2008.
    • The 2008 Act established the Airport Economic Regulatory Authority (AERA).
    • AERA regulates tariffs and other charges (such as airport development fees) for aeronautical services rendered at major airports in India.
    • The 2008 Act designates an airport as a major airport if it has an annual passenger traffic of at least 35 lakh.
    • The central government may also designate any airport as a major airport by a notification.
    • The Bill adds that the central government may group airports and notify the group as a major airport.

    Why has the definition of a major airport been amended?

    • The Amendment has changed the definition of a major airport to include “a group of airports” after the words “any other airport”.
    • The government hopes the move will encourage the development of smaller airports and make bidding for airports with less passenger traffic attractive.
    • It plans to club profitable airports with non-profitable ones and offer them as a package for development in public-private partnership mode to expand connectivity.

    Was there a need to amend the AERA Act?

    • The Airports Authority of India (AAI) awarded six airports — Lucknow, Ahmedabad, Jaipur, Mangaluru, Thiruvananthapuram and Guwahati — for operations, management and development in public-private partnership mode in February 2019.
    • In 2020 too, the AAI has approved leasing of another six airports — Bhubaneswar, Varanasi, Amritsar, Raipur, Indore and Tiruchi.
    • The Ministry of Civil Aviation plans to club each of these airports with nearby smaller airports for joint development.
    • The move follows FM’s Budget Speech this year, in which she said the government planned to monetize airports in tier-2 and tier-3 cities.

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  • [pib] Simhadri PV Project: Largest floating Solar Project in the country

    The National Thermal Power Corporation (NTPC) has commissioned the largest floating solar PV project of 25MW on the reservoir of its Simhadri thermal station in Visakhapatnam, Andhra Pradesh.

    Simhadri PV Project

    • The 2000MW coal-based Simhadri Station is the first power project to implement an open sea intake from the Bay of Bengal which has been functional for more than 20 years.
    • This is the first solar project to be set up under the flexibilization scheme of coal-powered plant, notified in 2018.
    • The floating solar installation which has a unique anchoring design is spread over 75 acres in an RW reservoir.
    • This floating solar project has the potential to generate electricity from more than 1 lakh solar PV modules.
    • This would not only help to light around 7,000 households but also ensure at least 46,000 tons of CO2e are kept at arm’s length every year during the lifespan of this project.
    • The project is also expected to save 1,364 million litres of water per annum. This would be adequate to meet the yearly water requirements of 6,700 households.

    Other important facts you must know

    • As of May 2021, India has 95.7 GW of renewable energy capacity, and represents ~ 25% of the overall installed power capacity.
    • The government plans to establish renewable energy capacity of 523 GW (including 73 GW from Hydro) by 2030.
    • India was the world’s 3rd largest renewable energy producer with 38% (136 GW out of 373 GW) of total installed energy capacity in 2020 from renewable sources.
    • Tamil Nadu has the highest installed solar power capacity in India. Kamuthi Solar Power Project near Madurai is the world’s second-largest solar park.

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    Back2Basics: NTPC

    • NTPC is an Indian statutory corporation engaged in the generation of electricity and allied activities.
    • It is incorporated under the Companies Act 1956 and is under the jurisdiction of the Ministry of Power.
    • NTPC’s core function is the generation and distribution of electricity to State Electricity Boards in India.
    • It is the largest power company in India with an electric power generating capacity of 62,086 MW.
    • It has also ventured into oil and gas exploration and coal mining activities.
    • In May 2010, NTPC was conferred Maharatna status by GoI, one of the only four companies to be awarded this status.

  • [pib] Exercise Malabar

    Indian Naval Ships Shivalik and Kadmatt have arrived at Guam, an Island Territory of the USA to participate in the annual Exercise MALABAR-21.

    Also read:

    [Prelims Spotlight] Various Defence Exercises in News

    Ex Malabar

    • MALABAR series of maritime exercises commenced in 1992 as a bilateral IN-USN exercise and has grown in stature over the years to include four prominent navies in the Pacific and Indian Ocean Region.
    • It is carried out between navies of Australia, India, Japan, and the USA
    • The exercise provides an opportunity for common-minded navies to enhance inter-operability, gain from best practices and develop a common understanding of procedures for Maritime Security Operations.

    Significance

    • The exercise will see the participation of all four Quad countries.
    • Indian Navy also conducted a number of Passage Exercises (PASSEX) with navies from Japan, Australia and the US.

    Another Exercise in news: Ex Konkan 2021

    • Exercise Konkan 2021 was held between INS Tabar and HMS Westminster on 16 Aug 21 in the English Channel.

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    Back2Basics: Quad Security Dialogue

    • QSD is a strategic dialogue between the United States, Japan, Australia and India that is maintained by talks between member countries.
    • The dialogue is paralleled by joint military exercises of an unprecedented scale, titled Exercise Malabar.
    • Quad is widely viewed as a response to increased Chinese economic and military power.

  • [pib] HUID System in Jewellery Industry

    Hallmarking scheme is turning out to be a grand success with more than 1 crore pieces of Jewellery hallmarked in a quick time” with more than 90000 Jewelers registered in a same time period.

    What is Hallmark Gold?

    1. The process of certifying the purity and fineness of gold is called hallmarking.
    2. Bureau of Indian Standards, the National Standards Body of India, is responsible for hallmarking gold as well as silver jewellery under the BIS Act.
    3. If you see the BIS hallmark on the gold jewellery/gold coin, it means it conforms to a set of standards laid by the BIS. Hallmarking gives consumers assurance regarding the purity of the gold they bought.
    4. That is, if you are buying hallmarked 18K gold jewellery, it will actually mean that 18/24 parts are gold and the rest is alloy.
    5. At present, only 30% of Indian Gold Jewellery is hallmarked.

    Here are the four components one must look at the time of buying gold (they are mentioned in the laser engraving of a hallmark seal):

    1. BIS Hallmark: Indicates that its purity is verified in one of its licensed laboratories
    2. Purity in carat and fineness (corresponding to given caratage KT)
    • 22K916 (91.6% Purity)
    • 18K750 (75% Purity)
    • 14K585 (58.5% Purity)

    What is HUID?

    • HUID is a unique code that will be given to every piece of jewellery at the time of hallmarking.
    • It will be helpful in identifying the jeweller or the Assaying and Hallmarking Centres (AHCs) which had hallmarked the jewellery.
    • It will be a six-digit alphanumeric code, with which every piece of jewellery will be tagged.
    • At the hallmarking centre, the jewellery is stamped with the unique number manually.

    What are the new hallmarking rules?

    • The government has made it mandatory for jewellers to hallmark gold jewellery, but with some relaxation.
    • Jewellers with an annual turnover of up to Rs 40 lakh will be exempted from mandatory hallmarking.
    • Similarly, jewellery for international exhibitions and government-approved business-to-business domestic exhibitions will also be exempted.
    • It will also allow hallmarking of additional carats — 20, 23, and 24.

    Issues with HUID

    • Jewellers say the HUID process has increased the time required to get the hallmarking on jewels and this has created huge backlogs at AHCs.
    • Since the process is being done manually, there are also chances of a mismatch of the code, he adds.
    • The inventory pile-up at the centres is also raising concerns about the security of the jewellery.
    • Several industry stakeholders point out the limited number of AHCs, which will not be enough to hallmark the large number of pieces that are sold in India every year.

    Answer this PYQ from CSP 2017

    Q.Consider the following statements:

    1. The Standard Mark of the Bureau of Indian Standards (BIS) is mandatory for automotive tyres and tubes.
    2. AGMARK is a quality Certification Mark issued by the Food and Agriculture Organisation (FAO).

    Which of the statements given above is/are correct?

    (a) 1 only

    (b) 2 only

    (c) Both 1 and 2

    (d) Neither 1 nor 2

     

    [wpdiscuz-feedback id=”3yrxgg00qw” question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

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  • Colourful molecules of turmeric

    Researchers have come forward with some interesting findings on Turmeric.

    Turmeric

    • Turmeric has about 3% of the active component molecule called curcumin, a polyphenol diketone (and not a steroid).
    • Researchers point out that there is another molecule in turmeric called piperine, which is an alkaloid, responsible for the pungency of pepper that we use every day in our cooking, along with turmeric.
    • Piperine enhances curcumin absorption in the body. It gives turmeric its multivariate healing and protective power.

    Benefits of turmeric consumption

    • Turmeric has been known for over 4,000 years in the Indian subcontinent, West Asia, Burma, Indonesia and China, and is used as an essential part of our daily food – what the colonials called curry powder.
    • It has also been known as a medicine for ages, and to have anti-bacterial, anti-oxidant and anti-inflammatory properties.
    • Herbal medicine experts have used turmeric to treat painful symptoms of arthritis, joint stiffness, and joint pain.
    • They have also claimed that turmeric helps cure acute kidney injuries. Some of these claims need to be checked using controlled trials.

    Against COVID-19

    • Most recently, an exciting study has recently been published by a group in Mumbai which shows that turmeric aids in the treatment of COVID-19 patients.
    • The researchers did a trial of about 40 COVID-19 patients and found that turmeric could substantially reduce morbidity and mortality.

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  • Indian bond trading is in need of better market making

    Context

    The Indian market for corporate debt needs buoyancy and this has been high on the agenda of our regulator

    Background

    • The Reserve Bank of India (RBI) stopped the automatic monetization of the fiscal deficit in 1997 and made the government borrow money from the market.
    • There are primary dealers or PDs, who pick up the Centre’s bond and provide buy and sell quotes in the secondary market for government bonds and thus help ensure sufficient liquidity.
    • The PDs came to be known as market makers and are paid a commission for playing that role.

    Liquidity challenge in the corporate bond market

    • Unlike the market for government bonds,  in the case of the country’s corporate bond market, the challenge is different.
    • It’s typically remunerative for a buyer to buy a security and hold on to it till its maturity.
    • Therefore, insurance companies, provident funds, and pension funds hold such long-term paper, as they can match the tenure of their assets with liabilities.
    • But this does not add liquidity to the market, and anyone buying a corporate bond today may not find someone to sell it to tomorrow as this market has little trading depth.
    •  Even in the G-Sec market, where we assume plenty of liquidity, it is a thinly-traded market, even though the perception is that it is very liquid.

    Why do we need market makers for the corporate bond market

    • To deal with the lack of depth and liquidity in the corporate debt market, the Securities and Exchange Board of India’s (Sebi) idea of creating market makers holds immense significance.
    • The fundamental problem here is that a bond is different from a share.
    • A company’s share can be exchanged seamlessly because every share in the market is the same slice of ownership.
    • Lack of quotes for different bonds of different tenure: In the case of bonds, however, there are several issuances of a company.
    • A single financial institution or non-bank financial company could have as many as 10 issuances a year of varying maturities and interest rates, making each of them a unique instrument.
    • Company XYZ may have issued in October 2015 a bond with a face value of ₹100 that pays 6% interest and is due for redemption in 2030, which will be quoted on exchanges for trading (if it’s being traded).
    • But, in 2021, it is no longer a 15-year bond, but a 9-year paper.
    • Therefore, the security loses importance, as the market normally uses benchmarks like 5 or 10 or 15 years; and every bond drops in the pecking order once it crosses these thresholds.
    • Therefore, we need to have market makers who will offer quotes for all major securities and thereby ensure that critical bonds are still available for trading.

    Suggestions

    • Provide waivers: Playing market maker will involve a cost and hence there should be certain waivers provided to them on trading fees.
    • Preferential access: They can be given preferential access to new issuances, so as to build up an inventory.
    • Waiver of mark-to-market: The mark-to-market (MTM) rules could be waived for a specified period, as valuation differences can affect their profit and loss accounts.
    • Capital at lower cost: Capital can be made available at a lower cost to market makers, as they require funding for the same.
    • Fifth, trade among market makers can be awarded benefits in terms of fees or easier taxes on gains made.
    • Create bond index: We need to have tradable-bond indices that reflect the price movements of a basket of bonds that they track.
    • Made public, such indices will provide appropriate arbitrage opportunities for investors to come in, and this should generate liquidity in the market for these bonds.

    Consider the question “Why bond market in India lacks the depth as compared to equity markets. What are the factors responsible for this? Suggest the way forward.”

    Conclusion

    Market makers are a way out. While success cannot be guaranteed, the idea should be adopted nonetheless, as with credit default swaps. It’s a work-in-progress. Let’s speed it up.

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    Back2Basics: Automatic monetization of deficit

    • The monetization of deficit was in practice in India till 1997, whereby the central bank automatically monetized government deficit through the issuance of ad-hoc treasury bills.
    • Two agreements were signed between the government and RBI in 1994 and 1997 to completely phase out funding through ad-hoc treasury bills.
    • And later on, with the enactment of the FRBM Act, 2003, RBI was completely barred from subscribing to the primary issuances of the government from April 1, 2006.

  • The fall of Kabul, the future of regional geopolitics

    Context

    The fall of Kabul in the wake of the American withdrawal from Afghanistan will prove to be a defining moment for the region and the future shape of its geopolitics.

    Implications of the US withdrawal for India

    1) Increase in threat from China

    • The manner in which the United States withdrew from Afghanist created the regional power vacuum in the Eurasian heartland.
    • An axis of regional powers such as China, Pakistan, Iran, Russia, and the Taliban, have already started filling this power vacuum.
    • Advantageous for China: The post-American power vacuum in the region will be primarily advantageous to China and its grand strategic plans for the region.
    • BRI expansion: Beijing will further strengthen its efforts to bring every country in the region, except India, on the Chinese Belt and Road Initiative bandwagon, thereby altering the geopolitical and geoeconomic foundations of the region
    • The much-feared Chinese encirclement of India will become ever more pronounced.
    • Even in trade, given the sorry state of the post-COVID-19 Indian economy, India needs trade with China more than the other way round.
    • Unless India can find ways of ensuring a rapprochement with China, it must expect Beijing to challenge India on occasion, and be prepared for it.

    2) Terror and extremism

    • The U.S. presence in Afghanistan, international pressure on the Taliban, and Financial Action Task Force worries in Pakistan had a relatively moderating effect on the region’s terror ecosystem.
    • There is little appetite for a regional approach to curbing terrorism from a Taliban-led Afghanistan.
    • This enables the Taliban to engage in a selective treatment towards terror outfits present there or they have relations with.
    • It is unlikely that the Taliban will proactively export terror to other countries unless of course for tactical purposes, for instance, Pakistan against India.
    • The real worry, however, is the inspiration that disgruntled elements in the region will draw from the Taliban’s victory against the world’s sole superpower.

    3) Impact on India’s regional interests and outreach to Central Asia

    • The return of the Taliban to Kabul has effectively laid India’s ‘mission Central Asia’ to rest.
    • India’s diplomatic and civilian presence as well as its civilian investments will now be at the mercy of the Taliban, and to some extent Pakistan.
    • Had India cultivated deeper relations with the Taliban, Indian interests would have been more secure in a post-American Afghanistan.

    4) Impact on India’s foreign policy choices

    • Shift to Indo-Pacific: Given the little physical access India has to its north-western landmass, its focus is bound to shift more to the Indo-Pacific even though a maritime grand strategy may not necessarily be an answer to its continental challenges.
    • Improving relations with neighbours: India might also seek to cultivate more friendly relations with its neighbours.
    • India has already indicated that it would not challenge the junta on the coup and its widespread human rights violations.
    • The last thing India needs now is an angry neighbour rushing to China.
    • Stability in relations with Pakistan: The developments in Afghanistan could nudge India to seek stability, if not peace, with Pakistan.
    • Both sides might refrain from indulging in competitive risk-taking unless something dramatic happens which is always a possibility between the two rivals.
    • That said, stability between India and Pakistan depends a great deal on how politics in Kashmir plays out, and whether India is able to pacify the aggrieved sections in the Valley.

    Consider the question “What would be the fallout of the Taliban’s return in Afghanistan for India? What steps India needs to take to mitigate the impact on its interests?”

    Conclusion

    The lesson for India in the wake of these developments is clear: It will have to fight its own battles. So it must make enemies wisely, choose friends carefully, rekindle flickering friendships, and make peace while it can.

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  • How are Rajya Sabha members punished for misconduct in the House?

    Context

    The Chairman of the Rajya Sabha is reportedly contemplating action against MPs who, he thinks, were involved in the fracas in the House.

    Provisions in House Rules of Rajya Sabha for punishing members

    1) For conduct inside the House

    • Ground for punishment: Rule 256 of the Rajya Sabha’s Rules of Procedure specifies the acts of misconduct: Disregarding the authority of the chair, abusing the rules of the council by persistently and willfully obstructing the business thereof.
    • However, the power to suspend a member is vested in the House, not in the chairman.
    • Under the rule, the maximum period of suspension is for the remainder of the session.
    •  By convention, a suspended member loses his right to get replies to his questions.
    • Thus, suspension from the service of the House is regarded as a serious punishment.
    • But, surprisingly, the rules do not spell out the disabilities of a suspended member.
    • These are imposed on them as per conventions or precedent.
    • Suspension for the remainder of the session makes sense only when they are suspended immediately after the misconduct has been noticed by the chair.
    • The rules of the House do not empower Parliament to inflict any punishment on its members other than suspension for creating disorder in the House.

    2) Misconduct outside the House

    • For the acts of misconduct by the MPs outside the House, which constitute a breach of privilege or contempt of the House, usually the privilege committee investigates the matter and recommends the course of action and the House acts on it.
    • A special committee is appointed usually when the misconduct is so serious that the House may consider expelling the member.
    • Special committee was appointed in 2005 to inquire into the issue of MPs accepting money for raising questions in Parliament.
    • So, special ad-hoc committees are appointed only to investigate serious misconduct by MPs outside the House.

    Issue in the present context

    • It appears that the Rajya Sabha secretariat has prepared a report on the incident in the Rajya Sabhi, which accuses some MPs of assaulting security personnel.
    • But special ad-hoc committees are appointed only to investigate serious misconduct by MPs outside the House.
    • No special committee is required to go into what happens before the eyes of the presiding officer inside the House.
    • As per the rules of the House, they need to be dealt with then and there.
    • The rules do not recognise any punishment other than suspension for a specific period and in this case, the Session is already over.
    • Article 20 of the Constitution prohibits a greater penalty than what the law provided at the time of committing the offence.

    Conclusion

    Punishing the MPs for their misconduct in the House is restricted by the provision in the House rules. These restrictions need to be looked into in the face of growing disruption by the members.

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  • Arrest is not always a must, says Supreme Court

    The Supreme Court has held that merely because the law allows arrest does not mean the State can use the power indiscriminately to crush personal liberty.

    What is an Arrest?

    • An arrest is a procedure in a criminal justice system.
    • It is the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a crime.
    • After being taken into custody, the person can be questioned further and/or charged.

    Distinction between arrest and detention

    • There exists a distinction between an investigatory stop or detention and an arrest.
    • The distinction tends to be whether or not the stop is “brief and cursory” in nature, and whether or not a reasonable individual would feel free to leave.

    Article 21 of the Indian Constitution guarantees the protection of life and personal liberty to every individual and states that, “No person shall be deprived of his life and personal liberty except according to procedure established by law.”

    Logic behind arresting

    The Supreme Court has noted that:

    • The occasion to arrest an accused during investigation arises when the custodial investigation becomes necessary.
    • Or it is a heinous crime or where there is a possibility of influencing the witnesses or accused may abscond.
    • The court was emphatic that a distinction must be made between the existence of the power to arrest and the justification for the exercise of this power.

    Sanctions for arrest as outlined by the Supreme Court

    The Supreme Court clarified that:

    (A) Avoiding arrests

    • Arrest isn’t a compulsion: Merely because an arrest can be made because it is lawful does not mandate that arrest must be made.
    • Justification for arrest: A distinction must be made between the existence of the power to arrest and the justification for the exercise of it, it noted.
    • Dignity of the undertrial: If an arrest is made routine, it can cause incalculable harm to the reputation and self-esteem of a person.
    • Evidence protection: There should not be a compulsion on the officer to arrest the accused since many times there is no apprehension that an accused would abscond or tamper with evidence.

    (B) Broad implications of Sec. 170 CrPC

    • Narrow interpretation: Section 170 of the Code of Criminal Procedure (CrPC) has been wrongly interpreted by the police and trial courts to make an arrest of the accused mandatory at the time of filing of the charge sheet.
    • Custody, not arrest: The word “custody” in Section 170 had been wrongly interpreted as ‘arrest’.The word ‘custody’ appearing in Section 170 does not contemplate either police or judicial custody.

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