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  • [27th November 2024] The Hindu Op-ed: An ideal way to treat India’s corneal blindness problem

    PYQ Relevance:
    Q) Appropriate local community-level healthcare intervention is a prerequisite to achieve ‘Health for All’ in India. Explain. (UPSC CSE 2018)

    Mentor’s Comment: UPSC Mains have always focused on ‘Inclusive Healthcare Infrastructure’ (in 2020), ‘Effective Implementation of Healthcare Policies’ (in 2017), ‘Universal Health Coverage Programs’ (in 2015).

    Corneal blindness is a significant public health issue in India, contributing to approximately 15% to 20% of total blindness cases. With an estimated 1.2 million people affected and 20,000 to 25,000 new cases emerging annually, the urgency for effective solutions is paramount.

    Today’s editorial explores the current challenges and proposes a comprehensive approach to address corneal blindness in India. This content can be used to present ‘Public Health challenges’ and to suggest some ‘innovative solutions to address Public Health’ in India.

    _

    Let’s learn!

    Why in the News?

    The Report titled “India’s corneal blindness crisis” published by India Today, highlights the increasing incidence of corneal blindness, particularly in rural areas, and discusses the contributing factors such as limited access to healthcare and a shortage of donor corneas.

    What are the key findings from these reports?

    • Rising Incidence: Corneal blindness is increasing in India, with estimates of 20,000 to 25,000 new cases annually. This condition accounts for approximately 7.5% of total blindness cases in the country, significantly impacting rural populations where access to eye care is limited.
    • Demographics and Causes: The causes of corneal blindness have shifted from infectious diseases like keratitis to eye trauma and complications. Factors such as vitamin A deficiency, poor hygiene, and delayed medical interventions exacerbate the problem, particularly affecting children and working-age adults in rural areas.
    • Healthcare Disparities: Many individuals in rural regions lack access to quality eye care services, leading to irreversible corneal damage before they seek help. There is a notable gap in training and resources for healthcare providers, limiting their ability to effectively manage and treat corneal conditions.
    • Shortage of Donor Corneas: Despite a demand for around 100,000 corneal transplants each year, only about 25,000 to 30,000 corneas are donated annually. This shortage poses a significant barrier to treating those affected by corneal blindness.
    • Policy Considerations: Indian policymakers are considering implementing a ‘presumed consent’ model for organ donation to increase the availability of donor corneas. This approach aims to address the critical shortage and improve access to necessary treatments. 

    What are the primary causes and current statistics of corneal blindness in India?

    • Occupational Hazards: Injuries, particularly in industrial and agricultural settings, are increasingly recognized as a leading cause of corneal blindness. This shift highlights the impact of occupational hazards on eye health.
      • Historically, infectious diseases such as keratitis and trachoma have been significant contributors to corneal blindness. 
      • However, the focus has shifted towards eye trauma and complications as major causes in recent years.
    • Nutritional Deficiencies: Widespread vitamin A deficiency is another critical factor exacerbating the incidence of corneal blindness, particularly among vulnerable populations such as children and working-age adults.
    • Healthcare Access Issues: Limited access to quality eye care services, especially in rural areas, leads to delayed treatment for conditions that could be managed effectively if addressed early.
    • Poor Hygiene and Delayed Interventions: Poor hygiene practices and delays in seeking medical help contribute to the worsening of corneal conditions, often resulting in irreversible damage.
    Current Statistics

    • Corneal blindness affects approximately 1.2 million people in India.
    • The country sees an estimated 20,000 to 25,000 new cases of corneal blindness each year.
    • Corneal blindness accounts for around 7.5% of the total blindness burden in India.
    • Children and working-age adults in rural areas are particularly susceptible due to malnutrition and frequent injuries, while elderly individuals face risks from degenerative eye conditions.

    What are the barriers to effective treatment and prevention of corneal blindness?

    • Shortage of Donor Corneas: There is a significant gap between the demand for corneal transplants (estimated at 100,000 annually) and the actual number of donor corneas available (around 25,000 to 30,000). This shortage limits the ability to treat those suffering from corneal blindness effectively.
    • Healthcare Disparities: The distribution of specialized corneal services is uneven across India, with underserved regions lacking adequate facilities for the timely management of corneal diseases.
      • More trained corneal surgeons are needed to meet the annual transplant targets.
      • Although the Cornea Society of India has over 1,000 members, the exact number of surgeons performing keratoplasty regularly is unclear. This gap in training and availability affects surgical outcomes.
    • Data Gaps: Comprehensive data on the prevalence of corneal blindness and the number of individuals who could benefit from transplantation are lacking. Establishing a national registry for corneal blindness and transplants is essential.
    • Preventable Causes: Many cases of corneal blindness are avoidable through preventive measures such as addressing vitamin A deficiency, improving hygiene practices, and providing timely medical interventions for infections and injuries.
    • Public Awareness and Myths: Lack of awareness about eye health and misconceptions surrounding eye donation hinder corneal donation efforts. Myths about eye color change after donation or beliefs that only young people can donate deter potential donors. 

    What comprehensive strategies can be implemented?

    • Public Awareness and Education:Min of Health and Family Welfare (MoHFW) can lead nationwide awareness campaigns about eye health, corneal blindness, and the importance of eye donation.
      • Local health departments can conduct community outreach programs in schools and villages to educate people about eye care and the significance of corneal donation.
    • Enhancing Healthcare Access: The National Programme for Control of Blindness & Visual Impairment (NPCBVI) under the MoHFW, is responsible for improving eye care services across India, including establishing mobile eye care units.
      • District Blindness Control Societies (DBCS) that operate at the district level to implement eye care initiatives, can organize screening camps and facilitate access to surgical treatments for corneal blindness.
    • Training and Capacity Building: The Directorate General of Health Services (DGHS) and Regional Institutes of Ophthalmology (RIOs) can provide specialized training programs for eye surgeons and healthcare workers to enhance their skills in treating corneal conditions.
    • Policy and Research Initiatives: The Ministry of Science and Technology can support research initiatives aimed at understanding the causes of corneal blindness and evaluating the effectiveness of interventions through funding and collaboration with research institutions.
      • For example, the National Eye Bank Association of India can work on establishing guidelines for eye banks, promoting voluntary eye donations, and conducting research on best practices in eye banking

    By implementing these strategies, India can make significant strides towards reducing the prevalence of corneal blindness and improving overall eye health across its population.

    https://www.thehindu.com/opinion/op-ed/an-ideal-way-to-treat-indias-corneal-blindness-problem/article68913949.ece

  • Central government scheme to promote natural farming launched

    Why in the News?

    Recently, the Union Cabinet approved the “National Mission on Natural Farming (NMNF)”, a Centrally Sponsored Scheme by the Agriculture Ministry to promote natural farming nationwide in mission mode.

    What is Natural Farming?

    • Natural farming is defined by the Agriculture Ministry as a chemical-free agricultural system that relies solely on inputs derived from livestock and plant resources. This approach emphasizes the use of local agroecological principles and traditional knowledge, integrating crops, trees, and livestock to enhance biodiversity and soil health.
    • Aim: The goal is to rejuvenate soil quality while minimizing external inputs, thus reducing costs for farmers and promoting healthier food production.

    How is the NMNF Different from Earlier Interventions?

    The NMNF represents an evolution of previous initiatives, particularly the Bhartiya Prakritik Krishi Paddhti (BPKP), which was launched in 2019. 

    • Higher Budgetary Outlay: The NMNF has a total financial outlay of ₹2,481 crore, with ₹1,584 crore from the central government and ₹897 crore from states until 2025-26.
    • Targeting More Farmers: The mission aims to engage over one crore farmers, significantly expanding its reach compared to earlier efforts.
    • Establishment of Standards: It seeks to create scientifically supported standards and streamlined certification processes for naturally grown produce, along with a national brand for such products.

    Why is it Necessary to Diversify the Farming Basket?

    • Environmental Sustainability: Reducing chemical inputs helps restore soil health and biodiversity, making agriculture more resilient to climate change.
    • Economic Viability: By promoting local inputs and reducing dependency on purchased fertilizers, farmers can lower their costs and increase their profitability.
    • Food Security: A diverse agricultural system can lead to improved food quality and nutritional security for communities.

    Why a Mission on Natural Farming is Needed?

    • Excessive Fertilizer Use: The initiative targets districts with high fertiliser consumption, aiming to shift practices towards more sustainable methods that rejuvenate soil health and reduce environmental degradation.
    • Health Risks: By eliminating synthetic chemicals from farming, the mission aims to lower health risks associated with pesticide exposure for both farmers and consumers.
    • Climate Resilience: Natural farming practices enhance resilience against climate-related challenges such as droughts and floods by improving soil structure and water retention capabilities.

    Way forward: 

    • Policy and Infrastructure Support: Strengthen institutional frameworks by expanding Bio-input Resource Centres (BRCs), offering financial incentives, and ensuring easy access to natural farming resources and certification systems.
    • Awareness and Capacity Building: Conduct large-scale training programs for farmers on natural farming practices, promote successful models through Krishi Vigyan Kendras (KVKs), and foster collaborations with agricultural universities for research and innovation.

    Mains PYQ:

    Q What is an Integrated Farming System? How is it helpful to small and marginal farmers in India? (UPSC IAS/2022)

  • From a republic to a republic of unequals

    Why in the News?

    On November 26, 2024, India celebrated 75 years of its Constitution, honouring how leaders from different viewpoints worked together in the Constituent Assembly to build a nation that respects the rights and interests of all cultural groups.

    Why Did Constitution Makers Agree to Create a Liberal Political State in India?

    • Emphasis on Liberty: The Constitution-makers embraced liberalism, which prioritizes individual freedom and the belief that citizens should operate without state interference. This was seen as essential for realizing human potential in intellectual, moral, and physical dimensions.
    • Positive State Role: Recognizing the severe social and economic inequalities at Independence, the framers concluded that a purely liberal approach without state intervention would exacerbate these disparities. Thus, they envisioned a state that actively works to reduce inequality through affirmative action and policies designed to uplift marginalized groups.
    • Egalitarian Vision: The Constitution reflects principles of egalitarian liberalism, aiming to create an inclusive society where equal opportunities are available to all. This is evident in the Fundamental Rights and Directive Principles of State Policy (DPSP), which advocate for reducing inequalities and ensuring fair access to resources.

    How Does the Neoliberal Ideological Order Shadow the Constitutional Vision of Creating an Egalitarian Social Order in India?

    • Concentration of Wealth: The neoliberal agenda has facilitated wealth concentration among a small elite, undermining constitutional provisions intended to prevent such disparities.
      • The report that indicates that by 2022-23, 90% of billionaire wealth was held by upper castes in India is titled “Towards Tax Justice and Wealth Redistribution in India” (2024), prepared by the World Inequality Lab at the Paris School of Economics.
    • Shift in Economic Focus: Since the adoption of neoliberal reforms in the 1990s, there has been a marked shift towards prioritizing private capital investment over welfare state interventions.
    • Rising Inequality: Research indicates that income inequality has surged post-reforms, with the top 1% of earners capturing an increasing share of total income rising from 6% in the 1980s to approximately 22% by 2022-23.

    What Policy Measures Can Be Implemented to Address Inequality Effectively? (Way forward)

    • Strengthening Welfare Policies: Reinvigorating welfare state mechanisms to ensure basic needs are met for all citizens can help bridge the gap between different socio-economic groups. This includes enhancing social security systems and public health initiatives.
    • Affirmative Action: Expanding affirmative action policies can help uplift marginalized communities by ensuring their representation in education, employment, and political spheres.
    • Progressive Taxation: Implementing a more progressive tax system can redistribute wealth more equitably. Higher taxes on the wealthy can be used to fund social programs aimed at reducing poverty and improving access to education and healthcare.
    • Community Resource Management: Encouraging community-based management of resources can empower local populations and ensure equitable distribution of wealth generated from local economies.
    • Regulatory Frameworks: Establishing robust regulatory frameworks that prevent monopolistic practices and ensure fair competition can help mitigate wealth concentration and promote economic equity.

    Mains PYQ:

    Q COVID-19 pandemic accelerated class inequalities and poverty in India. Comment. (UPSC IAS/2020)

  • Cyclone Fengal

    Why in the News?

    • A depression over the Southwest Bay of Bengal has intensified into a deep depression and is likely to further intensify into Cyclone Fengal.
      • The system is currently close to an area with higher sea surface temperatures (SST), contributing to its potential intensification into a cyclonic storm.

    Origin of the Name ‘Fengal’

    • The name ‘Fengal’ was proposed by Saudi Arabia and is rooted in Arabic.
    • It reflects a combination of linguistic tradition and cultural identity.

    Cyclone Naming Process:

    • Cyclones in the North Indian Ocean are named by the World Meteorological Organization (WMO) and the United Nations Economic and Social Commission for Asia and the Pacific (UNESCAP) panel.
    • This panel includes 13 member countries, such as India, Bangladesh, Sri Lanka, and Pakistan, among others.
      • Each member country submits a list of potential cyclone names, and these names are used sequentially as cyclones form in the region.
      • This system, in place since 2004, ensures easy identification and effective communication of storms to the public.

     

    PYQ:

    [2015] In the South Atlantic and South Eastern Pacific regions in tropical latitudes, cyclone does not originate. What is the main reason behind this?

    (a) Sea Surface temperature are low

    (b) Inter Tropical Convergence Zone seldom occurs

    (c) Coriolis force is too weak

    (d) Absence of land in those regions

  • 5 women who helped draft the Constitution

    5 women who helped draft the Constitution

    Why in the News?

    On Constitution Day (November 26), President Murmu acknowledged the significant role of women members in the Constituent Assembly of India.

    5 Notable Women in the Constituent Assembly

    Name Their Contributions
    Ammu Swaminathan (1894-1978) • Co-founded the Women’s India Association in 1917 with leaders like Annie Besant.
    • Advocated for women’s education and rights.
    • Spoke on the Hindu Code Bill and gender equality in the Constituent Assembly.
    • Became the first woman elected to the Madras legislature.
    • After independence, served as India’s goodwill ambassador to countries like Russia, China, and the US.
    Annie Mascarene (1902-1963) • Born in Travancore to a Latin Christian family considered at the bottom of the caste system.
    • Advocated for universal adult franchise and against caste-based voting rights.
    • Joined the Travancore State Congress and fought for political representation of marginalized communities.
    • As a member of the Constituent Assembly, called for a strong Centre and autonomy for local governments.
    • Elected as an independent candidate in 1952 from Thiruvananthapuram.
    Begum Qudsia Aizaz Rasul (1909-2001) • Hailing from a prominent family in Punjab, she faced resistance for her education, with a fatwa issued against her convent schooling.
    • Fought for women’s rights and opposed separate electorates based on religion.
    • Stayed in India post-partition and joined the Indian National Congress.
    • Elected to the Rajya Sabha in 1952.
    • Helped promote women’s hockey in India.
    Dakshayani Velayudhan (1912-1978) • First Dalit woman to graduate in science and the first Dalit woman in the Cochin Legislative Council.
    • Advocated for nationalism and opposed separate electorates for Dalits.
    • Strongly committed to social justice despite facing discrimination.
    • After independence, remained involved in the Dalit movement and continued advocating for social justice.
    Renuka Ray (1904-1997) • Came from an affluent family with a civil servant father and a progressive mother.
    • Joined the freedom struggle after meeting Mahatma Gandhi in 1920.
    • Advocated for women’s rights, particularly on divorce and inheritance.
    • Represented women’s organizations in the Central Legislative Assembly in 1943.
    • Opposed women’s reservation in legislatures, seeing it as a hindrance to women’s growth.
    • After losing the 1952 elections, returned to politics and worked on women’s empowerment.

     

    PYQ:

    [2011] With reference to Indian freedom struggle, Usha Mehta is well-known for:

    (a) Running the secret Congress Radio in the wake of Quit India Movement
    (b) Participating in the Second Round Table Conference
    (c) Leading a contingent of Indian National Army
    (d) Assisting in the formation of Interim Government under Pandit Jawaharlal Nehru

  • National Milk Day

    Why in the News?

    National Milk Day on November 26 commemorates the birth anniversary of ‘The Milkman of India’, Dr Verghese Kurien, who was credited with making India self-reliant in milk production.

    About National Milk Day:

    Details • Observed on November 26 to honor Dr. Verghese Kurien’s contributions to India’s dairy industry and the White Revolution.
    • Celebrates India’s transformation into the world’s largest milk producer.
    Contributions made by Varghese Kurien • Born on November 26, 1921, in Kozhikode, Kerala.
    • Played a key role in establishing Amul (1949) and transforming it into a global dairy brand.
    • Inaugural chairman of the National Dairy Development Board (NDDB).
    • Led Operation Flood, which revolutionized India’s dairy industry and made it self-sufficient in milk production.
    • Received numerous awards, including the Ramon Magsaysay Award for Community Leadership (1963).
    About the White Revolution and Milk Production in India • Initiated in 1970 through Operation Flood to increase milk production and reduce dependence on milk powder imports.
    • Empowered dairy farmers by promoting a cooperative-based model for milk production.
    • By the late 1990s, India became the world’s largest milk producer, surpassing the US.
    • Milk production grew threefold, from 21.2 million tonnes in 1968-69 to over 55 million tonnes by 1991-92.
    • Helped build the infrastructure for milk supply chains, processing plants, and storage facilities, making milk more accessible.
    • Significantly improved the income and livelihood of rural farmers, boosting employment and economic development.

    India is ranked 1st in milk production, contributing 24% of global milk production, reaching 230.58 million tonnes in 2022-23. 

  • In news: Pennaiyar River

    In news: Pennaiyar River

    Why in the News?

    The Supreme Court has directed the Union government to submit the report on the Tamil Nadu-Karnataka Pennaiyar River Water Dispute.

    About Pennaiyar River

    Origin and Geological Composition • Also known as Thenpennai, originates on the eastern slope of Nandi Hills in Karnataka and flows through Tamil Nadu into the Bay of Bengal.
    • Length: 497 km (2nd longest in TN); Catchment area: 3,690 km².
    • 77% of the drainage basin lies in Tamil Nadu.
    • Bounded by the Velikonda, Nagari, Javadu, Shevaroy, Chitteri, and Kalrayan hills of the Eastern Ghats.
    • Lies in the tropical monsoon zone with monsoon (June–December) and non-monsoon (January–May) periods.
    Tributaries • Tributaries include Markandanadhi, Kambainallur, Pambar, Vaniyar, Kallar, Valayar Odai, Pambanar, Aliyar, Musukundanadhi, and Thurinjalar.
    • Supported by monsoonal rains and reservoirs like Kelavarapalli, Krishnagiri, and Sathanur Dams.
    Important Sites along its Basin • Mentioned in Sangam literature for its lush vegetation.
    • Important temples include Penneswaraar Temple, Dakshina Tirupati, Veerateshwarar Temple, and Kabilar Kundru.
    • Srivilliputhur Grizzled Squirrel Wildlife Sanctuary is a key protected area near the river.
    • Used for irrigation in districts such as Chikkaballapur, Bengaluru Rural, Kolar, Krishnagiri, Dharmapuri, Tiruvannamalai, Viluppuram, and Cuddalore.

     

    PYQ:

    [2004] Assertion (A): West- flowing rivers of Peninsular India have no deltas:

    Reason (R): These Rivers do not carry any alluvial sediments.

    1. Both A and R are individually true and R is the correct explanation of A
    2. Both A and R are individually true but R is not the correct explanation of A
    3. A is true but R is false
    4. A is false but R is true

  • NGT issues notice to Centre on expansion of Glacial Lakes

    Why in the News?

    The National Green Tribunal (NGT) has taken suo motu cognizance of the alarming rise in the number of Himalayan glacial lakes due to rising temperatures, highlighting the growing risk of natural disasters like floods and landslides.

    Central Water Commission’s (CWC) report on Glacial Lakes

    • Glacial lakes in the Himalayas have expanded by 10.81% in 13 years due to glacier melting caused by rising temperatures.
    • Between 2011 and 2024, India’s glacial lakes grew by 33.7%, highlighting the escalating threat.
    • The NGT noted that 67 lakes in India saw a surface area increase of over 40%, marking them as high-risk for GLOFs.
    • Key areas of expansion include Ladakh, Himachal Pradesh, Uttarakhand, Sikkim, and Arunachal Pradesh.

    About National Green Tribunal (NGT):

    About Establishment:

    • Formed in 2010 under the National Green Tribunal Act as a statutory body.
    • Aimed at addressing environmental issues and ensuring speedy implementation of decisions.
    • Known for making significant decisions, including addressing air pollution in Delhi and cancelling coal block clearances.

    Composition:

    • Headquartered in Delhi.
    • Chaired by a retired Supreme Court judge.
    • Includes Judicial Members and Expert Panel.

    Benches:

    • Principal bench in Delhi.
    • Additional benches in Bhopal, Pune, Kolkata, and Chennai.
    Powers and Functions of NGT • Empowered to decide on cases related to various environmental laws and hear civil cases concerning environmental issues.
    • Responsible for enforcement of:
    – The Water (Prevention and Control of Pollution) Act, 1974
    – The Air (Prevention and Control of Pollution) Act, 1981
    – The Environment (Protection) Act, 1986, and more.Exceptions:

    • Not authorized to hear cases under:
    – The Indian Forest Act, 1927
    – The Wildlife (Protection) Act, 1972
    – State laws related to the protection of trees, forests, etc.

    Governing Principles:

    • Governed by principles of natural justice, not bound by the Indian Evidence Act.
    • Applies the principles of sustainable development, precautionary approach, and the polluter pays principle.

    Review and Challenge:

    • NGT orders can be reviewed under Rule 22 of NGT Rules.
    • Orders can be challenged before the Supreme Court within ninety days.

     

    PYQ:

    [2018] How is the National Green Tribunal (NGT) different from the Central Pollution Control Board (CPCB)?

    1. The NGT has been established by an Act whereas the CPCB has been created by an executive order of the Government.

    2. The NGT provides environmental justice and helps reduce the burden of litigation in the higher courts whereas the CPCB promotes cleanliness of streams and wells and aims to improve the quality of air in the country.

    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

  • Feminist ideology in India’s constitutional discourse

    Why in the News?

    Referring to the framers of India’s Constitution solely as “founding fathers” reflects patriarchal bias, overlooking the pivotal contributions of the “founding mothers” who co-authored its progressive vision like UCC (Uniform Civil Code).

    What are the implications of the UCC for women’s rights in a diverse society?

    • Equality Across Personal Laws: The UCC aims to replace personal laws based on the scriptures and customs of each major religious community in India with a common set governing every citizen.
    • Legal Protection Against Patriarchal Religious Law: By establishing a uniform framework, the UCC could provide women with equal rights in matters traditionally dominated by patriarchal interpretations of religious laws.
    • Cultural Resistance: The implementation of the UCC faces resistance due to India’s diverse cultural landscape. Many communities view it as an infringement on their religious freedoms.

    How does feminist constitutionalism challenge traditional interpretations of the Indian Constitution?

    • Challenging Patriarchal Narratives: Feminist constitutionalism critiques traditional interpretations that often marginalise women’s contributions and rights.
      • For example, while the Indian Constitution guarantees equality, its application has frequently been undermined by personal laws that perpetuate women’s subordination.
    • Reinterpreting Constitutional Provisions: Feminist legal theorists argue for a reinterpretation of constitutional provisions to ensure they align with contemporary understandings of gender equality.
    • Historical background of the Constitution: The historical context of the Constitution’s framing reveals that while women like Amrit Kaur and Hansa Mehta fought for equal rights, their efforts were often compromised by the need to secure broader political consensus.
      • For example, Hansa Mehta and Amrit Kaur strongly advocated for the inclusion of the UCC under the Fundamental Rights to ensure gender equality in personal laws.

    5 women who helped draft the Constitution

    What role does historical context play in shaping contemporary gender jurisprudence in India?

    • Legacy of Founding Mothers: The contributions of women in the Constituent Assembly have been historically overlooked, yet their advocacy for fundamental rights laid a foundation for future gender jurisprudence.
    • Impact on Contemporary Legislation: Historical struggles against patriarchal norms inform today’s feminist movements and legal battles. The ongoing discourse around the UCC is rooted in these historical contexts, highlighting both progress made and obstacles remaining in achieving true gender equality.
    • Intersectionality: The intersectional experiences of women from diverse backgrounds during the Constitution’s framing underscore the need for inclusive legal frameworks that address not only gender but also caste, class, and community-specific issues.

    In what ways can feminist legal theory contribute to redefining concepts of justice and equality in India? (Way forward)

    • Redefining Justice and Equality: Feminist legal theory advocates for a broader understanding of justice that encompasses social, economic, and cultural dimensions rather than merely legalistic definitions. This perspective encourages policies that address systemic inequalities faced by women.
    • Promoting Inclusive Dialogue: By emphasizing women’s voices and experiences in legal discourses, feminist theory fosters inclusive dialogue about rights and justice, challenging dominant narratives that often exclude marginalized groups.
    • Encouraging Legislative Reforms: Feminist legal scholars push for legislative reforms that reflect an understanding of gender as a social construct influenced by cultural norms, thereby advocating for laws that protect women’s rights comprehensively across all spheres.

    Mains PYQ:

    Q Discuss the possible factors that inhibit India from enacting for its citizen a uniform civil code as provided for in the Directive Principles of State Policy. (UPSC IAS/2015)

  • Legal issues in Sambhal

    Why in the News?

    The petition in Sambhal is like those filed for Varanasi’s Gyanvapi Mosque and Mathura’s Shahi Idgah. The main issue is how the law – ‘Places of Worship Act, 1991’, is understood.

    What were the causes of the strikes?

    • The district court in Sambhal ordered a survey of the Shahi Jama Masjid based on a plea claiming it was built on a Hindu temple site. This order led to protests from local Muslim residents who viewed it as an attack on their religious rights and heritage.
    • Protests escalated into violence when a large crowd gathered to oppose the survey. Reports indicate that protesters clashed with police, resulting in injuries and fatalities among both protesters and law enforcement officials.
    • The ongoing disputes over religious sites in India, particularly those involving claims of historical conversions, have heightened communal sensitivities.
    • Similar cases in Varanasi and Mathura have set precedents that contribute to public unrest when surveys or legal actions are perceived as threatening the status quo of religious sites.

    What Does the Law Say About the Petitioners’ Claim?

    • Civil Suit Framework: The petitioners filed a civil suit seeking to establish their claim over the mosque site. In civil suits, initial claims are generally accepted at face value (prima facie), allowing for further evidence to be presented later if the suit is deemed maintainable.
    • Challenges Under Places of Worship Act: However, any claim that seeks to alter the religious character of a place of worship is barred under the Places of Worship Act, 1991.
      • This Act aims to maintain the status quo of religious sites as they existed on August 15, 1947.

    What Does the Places of Worship Act, 1991 Say?

    • Preservation of Religious Character: The Act prohibits any conversion of places of worship and mandates that their religious character must remain as it was on August 15, 1947. Specifically, Section 3 bars any conversion in full or part into a place of worship of a different denomination or sect.
    • Legal Proceedings: Section 4 states that any legal proceedings regarding changes to a place’s religious character that existed on that date are abated (terminated), preventing new suits from being filed regarding such conversions.
    • Exemptions: Notably, the Act does not apply to disputes already sub-judice at its enactment, such as the Babri Masjid-Ram Janmabhoomi case, which has complicated its application in contemporary disputes.

    How have Courts allowed these Title Suits?

    • Judicial Interpretations: Despite the provisions of the Places of Worship Act, courts have allowed title suits related to places like Gyanvapi and Mathura by ruling them maintainable. This has occurred even while constitutional challenges to the Act are pending before higher courts.
    • Supreme Court Observations: A significant observation by the Supreme Court indicated that while changing a place’s religious nature is prohibited under the Act, inquiries into its historical character may still be permissible. This interpretation has provided grounds for district courts to entertain such petitions without directly contravening the Act’s intent.
    • Sambhal Case Specifics: In Sambhal’s case, the court ordered a survey before determining whether the civil suit was maintainable. This ex-parte decision (made without hearing both sides) has led to further disputes regarding its legality and fairness.

    Way forward: 

    • Strict Adherence to the Places of Worship Act: Courts must uphold the intent of the 1991 Act by ensuring that disputes challenging the religious character of sites as of August 15, 1947, are dismissed, avoiding unnecessary surveys or actions that could inflame communal tensions.
    • Fostering Interfaith Dialogue: Governments and local authorities should facilitate interfaith discussions to address historical grievances peacefully and promote mutual understanding, reducing the risk of violent clashes and fostering communal harmony.

    Mains PYQ:

    [2019] What are the challenges to our cultural practices in the name of Secularism?