Ethics, Integrity, and Aptitude are part of UPSC-CSE mains GS-4 Syllabus which not only examines the analytical ability of a candidate but also tests their problem-solving approach to various issues & conflicts in our society.
Ethics case studies form the major chunk of UPSC Ethics or GS paper 4 in the UPSC Mains exam. Tackling this section takes practice, good hold on certain principles, and a solid framework for solving different types of case studies.
Sukanya Rana ma’am, having mentored more than 100+ rankers in UPSC 2022 and is Ethics Faculty at Civilsdaily. She will be LIVE on 29th June at 7 pm for Ethics Case Studies Webinar.
In this webinar, Sukanya Ma’am will share her practical strategies and expert advice to help you push your GS Paper 4 score beyond the 130+ mark. She will also shed light on common mistakes to avoid, the importance of ethical theory understanding, and how to structure your answers for maximum impact.
Digital poverty and exclusion persist despite the era of hyper-connectivity, leaving millions marginalized even in the wealthiest nations. In the United States, approximately 14.5 million people in rural areas lack access to broadband, exposing the stark reality of digital absence and leaving over 3 billion individuals on the fringes of the digital age. However, the state of Kerala in India has embarked on a pioneering initiative called the Kerala Fibre Optical Network (KFON) to bridge this digital divide.
Relevance of this topic:
*Although efforts are being made to bridge the gap, the digital divide in India remains a significant challenge. You can use the features of the KFON project as examples in your answer.
Kerala’s Progressive Digital Initiative: Kerala Fibre Optical Network (KFON)
Recognizing Internet as a Citizen’s Right: In 2016, the communist-led state government of Kerala acknowledged internet access as a fundamental right, following the example of progressive nations like Finland, Costa Rica, and France.
Establishment of the KFON Project: The KFON project aims to provide affordable and reliable internet connectivity to every household, government institution, and business entity in Kerala through the deployment of a fiber-optic broadband network.
Targeting Economically Disadvantaged Households: The KFON project adopts a focused approach, starting with approximately 14,000 economically disadvantaged households in the state. These households will receive internet connectivity in the initial phase, addressing the digital divide from the grassroots level.
Extending Connectivity to Remote Areas: Kerala’s KFON project goes beyond urban centers, reaching even the most remote regions and tribal hamlets, such as those in Wayanad. This ensures that connectivity reaches marginalized communities that have historically faced barriers to digital access.
Free Internet Connections for Economically Disadvantaged: Over the course of the next 12 to 18 months, the KFON project aims to provide free internet connections to 2 million economically disadvantaged households, enabling them to access the benefits of digital connectivity without financial burden.
Affordable Data Packages: Apart from free connections, the KFON project offers a range of affordable data packages for the remaining 6 million households in Kerala. These packages cater to different affordability levels, starting from as low as 300 rupees (£2.86) per month for a 20 Mbps connection, making digital access more accessible to a broader population.
Infrastructure Development in Schools and Government Buildings: The KFON project includes the installation of necessary infrastructure in schools and government buildings. This ensures that educational institutions and public entities are equipped with the means to leverage digital connectivity effectively.
Digital Literacy Campaigns: To ensure the effective utilization of digital connectivity, the Kerala government has initiated digital literacy campaigns at the grassroots level. Collaborating with local bodies, the aim is to empower individuals from marginalized communities with the necessary skills to navigate the online world and leverage digital resources for personal and professional development.
Impact of KFON project on Society
Enhanced Healthcare Services: The availability of reliable internet connectivity through KFON enables improved access to telemedicine and remote healthcare services. People in remote areas can connect with healthcare professionals, receive consultations, and access medical information without the need for physical travel, leading to better healthcare outcomes, especially in underserved regions.
Empowerment through Education: KFON’s connectivity in schools and educational institutions facilitates digital learning, e-learning platforms, and access to online educational resources. This empowers students with equal opportunities for quality education, regardless of their geographical location, and equips them with essential digital skills for the future.
Skill Development and Employment Opportunities: Access to the internet provided by KFON opens doors to online skill development programs, vocational training, and employment opportunities. It enables individuals, especially from marginalized communities, to enhance their skills, access job portals, and explore entrepreneurial ventures, contributing to economic growth and reducing unemployment.
Business and Entrepreneurship: KFON’s internet connectivity creates a conducive environment for businesses to thrive. Small and medium enterprises can expand their reach, engage in e-commerce, and access digital marketing channels. It also fosters entrepreneurship by providing a platform for aspiring entrepreneurs to launch and promote their startups.
Digital Governance and E-Government Services: KFON’s connectivity strengthens digital governance and e-government initiatives. Citizens can access online government services, submit applications, pay bills, and participate in e-governance processes conveniently. This streamlines administrative procedures, reduces bureaucracy, and enhances transparency and efficiency in service delivery.
Bridging Social and Economic Divides: By providing affordable and reliable internet connectivity to economically disadvantaged households, KFON plays a significant role in bridging social and economic divides. It ensures that individuals from marginalized communities have equal opportunities to access information, resources, and services, thus reducing inequality and promoting social inclusion.
Prevalence of the digital divide in India
Limited Digital Literacy and Access: The Oxfam India report highlights that only about one-fifth of the Indian population can operate a computer or use the internet. This limited digital literacy and access contribute to the digital divide across different segments of society.
Rural-Urban Divide: There is a significant disparity in internet usage between rural and urban areas. The report mentions that around 31 percent of the rural population in India uses the internet compared to 67 percent of the urban population, indicating a notable urban-rural divide.
Educational Divide: The report points out the challenges faced by students in accessing digital resources for education. Only a small percentage of enrolled students have access to computers with internet connectivity, limiting their ability to leverage digital platforms for learning.
Financial Inclusion Disparities: The report highlights disparities in digital payment facility usage, indicating that the richest 60 percent of Indians are four times more likely to use digital payment services than the poorest 40 percent. Financial inclusion gaps exacerbate the digital divide, particularly among economically disadvantaged groups.
Household Disparities: The report highlights significant differences in computer and internet access between the poorest and richest households. The poorest 20 percent of households have limited access to computers and the internet, while the richest 20 percent enjoy higher rates of access.
Gender Divide: The gendered digital divide in India is prominent, with a wide gap of 40.4 percent between internet usage among men and women. This gender disparity limits digital access and opportunities for women, particularly in rural areas.
How KFON project can contribute to address the digital divide in India?
Bridging the Connectivity Gap: The KFON project aims to provide affordable and reliable internet connectivity to every household, government institution, and business entity in Kerala. By ensuring widespread access to high-speed internet, KFON helps bridge the connectivity gap that exists between urban and rural areas, as well as economically disadvantaged communities.
Rural Outreach: The KFON project extends its network to even the most remote areas, including tribal hamlets in Kerala. By bringing internet connectivity to these underserved rural regions, KFON addresses the urban-rural digital divide and ensures that residents in these areas can access the same digital opportunities as their urban counterparts.
Affordability and Inclusion: KFON’s approach includes providing free internet connections to economically disadvantaged households and offering affordable data packages to others. This helps address the affordability barrier that often limits digital access for marginalized communities. By making internet services accessible and affordable, KFON ensures that more people can participate in the digital ecosystem.
Digital Literacy Initiatives: KFON complements its infrastructure development with digital literacy campaigns at the grassroots level. By addressing digital literacy gaps, KFON enables users to make the most of the connectivity provided and enhances their overall digital inclusion.
Multi-sector Impact: The KFON project’s extensive infrastructure and connectivity have a multiplier effect on various sectors, including education, healthcare, skill development, and business opportunities. By promoting digital inclusion in these sectors, KFON contributes to reducing the disparities caused by the digital divide. It helps ensure that individuals and communities have equal access to educational resources, healthcare services, employment opportunities, and digital tools for economic growth.
Role Model for Replication: The KFON project’s success and approach can serve as a role model for addressing the digital divide in other parts of India. By showcasing the benefits of bridging the digital divide, KFON encourages other entities to prioritize digital inclusion and work towards reducing disparities in digital access and opportunities.
Conclusion
Digital poverty and exclusion persist worldwide, hindering access to crucial resources and opportunities. As discussions on digital public infrastructure gain momentum, Kerala’s achievements demonstrate the power of political will and innovative thinking in bridging the digital divide and fostering equitable development.
During Home Minister’s visit to Manipur amidst ongoing violence in the state, he met with various civil society groups, including the Meira Paibis.
This article explores the significance of the Meira Paibis in Manipur’s civil society, their social role, and major actions they have undertaken.
Who are the Meira Paibis of Manipur?
The Meira Paibis, also known as Imas or Mothers of Manipur, are Meitei women who represent a powerful moral force in Manipur’s civil society.
They come from various sections of society in the Imphal valley and are widely respected for their activism.
They Paibis are loosely organized, led by groups of senior women, and lack rigid hierarchy or overt political leanings.
Social Role of Meira Paibis
Originating in 1977, the Meira Paibis began as a grassroots movement primarily focused on combating alcoholism and drug abuse.
Over time, their scope expanded to address human rights violations and work towards the development of society at large.
They serve as the conscience keepers of Manipuri society and have a permanent and palpable presence in civil society.
Major Actions Undertaken
Support for Irom Sharmila: The Meira Paibi women actively supported Irom Sharmila during her 16-year hunger strike against the Armed Forces Special Powers Act (AFSPA), which grants immunity to armed forces in “disturbed” areas.
Advocacy for Inner Line Permit (ILP) System: In 2015, the Meira Paibis played a significant role in demanding the introduction of the ILP system, aiming to protect local interests, culture, and commercial opportunities.
Bandh Protests: The Meira Paibis organized bandhs and shutdown calls in markets to protest against perceived injustices, such as the broken promise of a marriage by an elected representative.
Recent Actions: During the current crisis, the Meira Paibis reportedly influenced the release of 12 KYKL cadres (an extremist group) who were apprehended by the armed forces, highlighting the influence of women activists in confronting security personnel.
Conclusion
The Meira Paibis of Manipur play a crucial role in the state’s civil society.
Their activism spans a range of social and political issues, and they have consistently fought for justice, human rights, and the betterment of society.
Despite the recent controversy surrounding their alleged interference in security operations, their contribution as a powerful force for social change should be acknowledged and appreciated.
The Geographical Indications Registry in Chennai has recently bestowed Geographical Indication (GI) tags on seven distinct products from Uttar Pradesh.
These products represent the rich heritage and craftsmanship of the region.
What is GI Tag?
A GI is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin.
Nodal Agency: Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce and Industry
India, as a member of the World Trade Organization (WTO), enacted the Geographical Indications of Goods (Registration and Protection) Act, 1999 w.e.f. September 2003.
GIs have been defined under Article 22 (1) of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement.
The tag stands valid for 10 years.
GI tags awarded in UP
(1) Amroha Dholak – A Musical Masterpiece
Description: The Amroha Dholak is a musical instrument crafted from natural wood, with a preference for mango, jackfruit, and teakwood.
Carving Process: Skilled artisans use mango and sheesham wood to carve multiple-sized hollow blocks, which are then fitted with animal skin, predominantly goatskin, to create the instrument.
(2) Baghpat Home Furnishings – Timeless Handloom Artistry
Description: Baghpat and Meerut are renowned for their exclusive handloom home furnishings and running fabrics crafted from cotton yarn for generations.
Traditional Weaving: Skilled weavers in the region employ only cotton yarn in the handloom weaving process, ensuring the authenticity and quality of the products.
(3) Barabanki Handloom Product – A Heritage of Weaving
Description: Barabanki and its surrounding areas house around 50,000 weavers and 20,000 looms, showcasing the significant presence of handloom weaving.
Weaving Tradition: The region has a rich history of handloom weaving, with the skilled craftsmen contributing to the vibrant textile industry of Barabanki.
(4) Kalpi Handmade Paper – Time-Honored Craftsmanship
Description: Kalpi is known for its handmade paper, with the craft being introduced by Munnalal ‘Khaddari’, a Gandhian, in the 1940s.
Craftsmanship Legacy: The handmade paper-making cluster in Kalpi engages more than 5,000 craftsmen and approximately 200 units, preserving the tradition of exquisite paper-making.
Description: Mahoba Gaura Patthar Hastashlip represents the stone craft of the region, created from the unique and soft ‘Pyro Flight Stone.’
Radiant White Stone: The craft utilizes radiant white-colored stone predominantly found in the region, producing exquisite craft items.
(6) Mainpuri Tarkashi – Artistry in Brass Wire Inlay
Description: Mainpuri is known for Tarkashi, an art form involving brass wire inlay work on wood.
Traditional Use: Tarkashi was primarily used for crafting khadaous (wooden sandals) as a household necessity, replacing leather due to cultural considerations.
(7) Sambhal Horn Craft – Unique Handmade Art
Description: Sambhal Horn Craft utilizes raw materials sourced from deceased animals and involves meticulous handcrafting processes.
Artisanal Creation: Skilled craftsmen transform raw materials into beautiful handmade products, showcasing the uniqueness of Sambhal’s horn craft.
The Centre will soon formulate a law on the issue of stray dogs, Union Minister Parshottam Rupala said.
Stray Dog Menace in India
Cities have witnessed a sharp increase in the stray dog population, which as per the official 2019 livestock census stood at 1.5 crore.
However, independent estimates peg the number to be around 6.2 crore.
The number of dog bites has simultaneously doubled between 2012 and 2020.
Experts agree there may be a correlation between urbanisation and solid waste production, made visible due to the mismanagement of waste disposal.
Tepid animal birth control programmes and insufficient rescue centres, in conjunction with poor waste management, result in a proliferation of street animals in India.
Reasons behind
Poor waste management: Inadequate waste disposal facilities and the mismanagement of solid waste often lead to the congregation of stray dogs around garbage dumps and landfills, where they scavenge for food.
Unplanned urbanization: The population boom in Indian cities has led to a sharp increase in the stray dog population. Rapid urbanization has led to the creation of slums and unmanaged solid waste, which attract dogs.
Lack of food and shelter: The availability of food and shelter determines the carrying capacity of a city. In the absence of these facilities, free-ranging dogs become scavengers that forage around for food, eventually gravitating towards exposed garbage dumping sites.
Territoriality: Stray dogs often become territorial and aggressive about public spaces where they are fed, leading to increased attacks on humans.
Improper sterilization and rescue centres: Tepid animal birth control programmes and insufficient rescue centres, in conjunction with poor waste management, result in a proliferation of street animals in India.
Food wastage in India
A population boom in Indian cities has contributed to a staggering rise in solid waste production. Indian cities generate more than 150000 metric tonnes of urban solid waste every day.
According to a 2021 UNEP report, an estimated 931 million tonnes of food available to consumers ended up in households, restaurants, vendors and other food service retailers’ bins in 2019.
Indian homes on average also generated 50 kg of food waste per person.
The presence of free-roaming dogs in urban areas is determined by the “carrying capacity” of a city, which is the availability of food and shelter.
Urban Stray Dogs and Waste Disposal
Food and shelter: The wastage food often serves as a source of food for hunger-stricken, free-roaming dogs that move towards densely-populated areas in cities, such as urban slums which are usually located next to dumping sites.
Sanitation assists food hunt: In the absence of proper sanitation and waste disposal facilities, stray dogs become scavengers that forage for food around exposed garbage dumping sites.
Impact of Unplanned and Unregulated Urban Development
ABC Program: Under Animal Birth Control (ABC) program, municipal bodies trap, sterilize, and release dogs to slow down the dog population. This approach aims to control the number of strays while avoiding the inhumane practice of killing them.
Rabies Control Measures: Another anchor of India’s response is rabies control measures, including vaccination drives. Rabies is a fatal disease that can be transmitted to humans through dog bites. Thus, preventing rabies is essential in addressing the issue of stray dogs.
Informal Measures: These include mass killing of dogs in states like Kerala, which is a controversial practice as it is often inhumane and does not address the root causes of the issue. Other measures include imposing bans on the entry of stray dogs in colonies or feeding them in public.
Why address stray dog attacks issue?
Adds Vulnerability to the poor: The disproportionate burden of dog bites may also fall on people in urban slums, which are usually located in close proximity to dumping sites.
Exposes harsher realities: The rise in such attacks speak to core issues of lack of serviced affordable urban housing for all, lack of safe livelihood options and improper solid waste management”.
Empathizing the strays
Abandoned, not strayed: Stray dogs are sentient social beings capable of feeling pain, fear, and joy. Urban living patterns have largely impacted their abandonment.
Subjected to abuse: They are often victims of neglect, abuse, and abandonment, and are forced to survive in harsh conditions on the streets.
Neglected community guardians: Stray dogs can serve as community guardians by alerting us to potential dangers and can also provide emotional support to humans.
Way forward
Improve waste management: Efficient management of solid waste can help reduce the availability of food for stray dogs and limit their population growth.
Increase vaccination and sterilization: ABC and vaccination programs should be implemented in a more organized and efficient manner to control the stray dog population and the spread of rabies.
Encourage responsible feeding practices: Regulating feeding around bakeries and restaurants and improving waste management in public spaces can reduce the carrying capacity of the environment for stray dogs and minimize the congregation of dogs in certain areas.
Develop national policy: There is a need for a comprehensive national policy that addresses the issue of stray dogs and their management in a more systematic and humane manner.
Stop gruesome brutality: Stopping brutality towards dogs is a crucial step towards creating a more compassionate and just management of stray dogs menace.
During PM’s state visit to the United States, cooperation on technology emerged as a significant topic of discussion.
While the visit yielded positive outcomes, US tech companies have raised concerns about policy hurdles affecting digital trade with India.
Current Status of India-US Technology Trade
Bilateral Trade: In FY2023, the US became India’s largest trading partner, with bilateral trade reaching $128.55 billion. However, digital or technology services have not played a prominent role in this trade.
Deficit in Digital Services: The US has a significant trade deficit of $27 billion in digital services with India, despite the potential for growth in the US digital services export sector and the expanding online services market in India.
Concerns of US Tech Firms
Imbalance and Misalignment: US tech companies have raised concerns about the “significant imbalance” and “misalignment” in the US-India economic relationship. They argue that India’s policies favor domestic players, creating a tilted playing field.
Discriminatory Regulations: US tech firms criticize India’s regulations, such as geospatial data sharing guidelines, for providing preferential treatment to Indian companies. They also express discontent over India’s departure from democratic norms, leading to challenges for US companies operating in India.
Policy Barriers Raised by US Tech Firms
Equalisation Levy: US tech firms object to India’s expanded version of the equalisation levy, which imposes taxes on digital services. They argue that it leads to double taxation, complicates the tax framework, and raises questions of constitutional validity and compliance with international obligations.
Information Technology Rules: US tech firms are concerned about India’s Information Technology Rules, which impose compliance burdens and tight deadlines for content takedown, appointment of local compliance officers, and the establishment of Grievance Appellate Committees.
Data Protection Law: Ambiguities surrounding cross-border data flows, compliance timelines, and data localization in India’s draft Digital Personal Data Protection Bill raise concerns among US tech firms. They argue that data localization requirements increase operating costs and can be seen as discriminatory.
Other Policy Barriers to Digital Trade
Digital Competition Act: The proposed adoption of a Digital Competition Act, including estimated taxes for big tech companies, has raised concerns about anti-competitive practices and potential targeting of US tech firms.
Competition Commission Fines: The fines imposed by the Competition Commission of India on Google for anti-competitive practices have been seen by US tech firms as part of India’s protectionist industrial policy.
Way Forward
To promote digital trade between India and the United States and overcome policy barriers, the following steps can be taken:
Transparent and Consistent Policies: Ensure transparency, consistency, and clear guidelines in policy formulation, implementation, and enforcement to create a level playing field.
Review and Refinement of Regulations: Periodically review regulations, such as the equalisation levy, Information Technology Rules, and data protection laws, to address concerns and strike a balance.
Mutual Recognition Agreements: Explore the possibility of mutual recognition agreements that facilitate the acceptance of each other’s certification standards and regulatory frameworks, reducing duplicative compliance requirements.
Data Sharing Frameworks: Develop comprehensive and secure frameworks for cross-border data sharing that protect privacy and enable data flows for digital trade, benefiting both economies.
Collaborative Research and Development: Encourage joint research and development initiatives between Indian and US companies and institutions to foster technological advancements and drive innovation in emerging areas such as artificial intelligence, blockchain, and quantum computing.
Cybersecurity Cooperation: Strengthen bilateral cooperation on cybersecurity, sharing best practices, and collaborating on threat intelligence to safeguard digital infrastructure and build trust in cross-border digital transactions.
Conclusion
By implementing these measures, India and the United States can foster a conducive environment for digital trade, innovation, and investment, strengthening bilateral ties and driving economic growth.
The Election Commission announced elections to 10 Rajya Sabha seats from three States that are falling vacant in July and August.
Rajya Sabha and its Composition
Rajya Sabha, or the Council of States, is the upper house of the Parliament of India.
It plays a vital role in the legislative process, representing the interests of states and providing a platform for deliberations on important national issues.
Composition of Rajya Sabha
Members: Rajya Sabha consists of a maximum of 250 members, of which 238 members are representatives of states and union territories, while the President of India nominates 12 members having special knowledge or practical experience in various fields.
Allocation of Seats: The allocation of seats in Rajya Sabha is based on the population of each state, with larger states having more representatives. The President can also nominate members to ensure the representation of expertise and diverse backgrounds.
Term: Members of Rajya Sabha serve for a term of 6 years, with one-third of the members retiring every two years. This rotational system ensures continuity in the functioning of the house.
Nominated Members
Nominations: In addition to the elected members, Rajya Sabha includes 12 nominated members who are appointed by the President of India. These nominations are made to ensure the representation of individuals with special knowledge or practical experience in various fields such as literature, science, art, social service, and more.
Expertise and Diversity: Nominated members bring diverse perspectives and expertise to Rajya Sabha. They contribute to the legislative process by providing valuable insights and enriching debates on critical issues.
Contribution: Nominated members play an essential role in shaping legislation and policy discussions. Their expertise and experience contribute to a more comprehensive and informed decision-making process in Rajya Sabha.
Functions of Rajya Sabha
Legislative Functions: Rajya Sabha has equal legislative powers with the Lok Sabha in most matters, including passing bills related to constitutional amendments, finance, and non-financial matters. In certain circumstances, it enjoys exclusive powers, such as creating all-India services.
Representation of States: Rajya Sabha represents the interests of states, allowing them to participate in the decision-making process at the national level. It ensures that laws and policies are formulated with the consideration of diverse regional perspectives.
Role in Impeachment: Rajya Sabha, along with the Lok Sabha, plays a role in the impeachment of the President of India, Chief Justice, and judges of the Supreme Court and High Courts. It ensures a fair and balanced process in cases of impeachment.
Significance of Rajya Sabha
Federal Character: Rajya Sabha represents the federal character of India’s political system by giving states and union territories a voice in the national legislature. It serves as a platform for states to raise their concerns and participate in policy discussions.
Reviewing and Amending Legislation: Rajya Sabha plays a critical role in the legislative process by reviewing and amending bills passed by the Lok Sabha. It acts as a revising chamber and provides an opportunity for in-depth scrutiny and debate on proposed laws.
Expertise and Stability: The nomination of members with specialized knowledge and experience, along with the rotational system, ensures that Rajya Sabha benefits from their expertise. The continuity of membership allows for stability and the accumulation of institutional knowledge.
Try this PYQ:
Q.Consider the following statements:
The Chairman and the Deputy Chairman of the Rajya Sabha are not the members of that House.
While the nominated members of the two Houses of the Parliament have no voting right in the presidential election, they have the right to vote in the election of the Vice President.
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=”m0llo70xd9″ question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]
Immediately after returning from the US, PM Modi said that India needed a Uniform Civil Code (UCC) as the country could not run with the dual system of “separate laws for separate communities”.
This has raised the level of speculations among the left liberal groups in India.
Key statements made by PM
Abolishing Dual System: PM highlighted the impracticality of maintaining separate laws for different communities and emphasized the need for a unified legal framework.
Discerning Political Manipulation: He urged the Muslim community to be vigilant about political parties that exploit their interests for personal gains.
Constitutional Provisions: He emphasized that the Constitution already upholds the principle of equal rights for all citizens.
Opposition’s Exploitation: He criticized political opponents for using Muslims, particularly Pasmanda Muslims, to further their own interests at the expense of the community’s well-being.
What is Uniform Civil Code (UCC)?
The UCC aims to establish a single personal civil law for the entire country, applicable to all religious communities in matters such as marriage, divorce, inheritance, adoption, etc.
The idea of a UCC has a long history in India and has been a topic of debate and discussion.
This article explores the basis for a UCC, its timeline, the conflict with the right to freedom of religion, minority opinions, challenges to implementation, and the way forward.
Basis for UCC: Article 44
Article 44 of the Directive Principles envisions the state’s endeavor to secure a UCC for all citizens throughout the country.
While DPSP of the Constitution are not enforceable by courts, they provide fundamental principles for governance.
Personal Laws and UCC: A Timeline
Colonial Period: Personal laws were first framed for Hindu and Muslim citizens during the British Raj.
1940: The idea of a UCC was proposed by the National Planning Commission, examining women’s status and recommending reforms for gender equality.
1947: UCC was considered as a fundamental right during the framing of the Constitution by Minoo Masani, Hansa Mehta, Amrit Kaur, and Dr. B.R. Ambedkar.
1948: The Constitution Assembly debated Article 44, which emphasizes the implementation of uniform civil laws as a state duty under Part IV.
1950: Reformist bills were passed, granting Hindu women the right to divorce and inherit property and outlawing bigamy and child marriages.
1951: Ambedkar resigned when his draft of the Hindu Code Bill was stalled in Parliament.
1985: Shah Bano case highlighted the need for a UCC and the rights of divorced Muslim women.
1995: Sarla Mudgal v. Union of India reiterated the urgency of a UCC for national integration and removing contradictions.
2000: The Supreme Court, in Lily Thomas v. Union of India, stated it could not direct the government to introduce a UCC.
2015: The apex court refused to mandate a decision on implementing a UCC.
2016: The Triple Talaq debate gained attention, leading to the ruling of its unconstitutionality in 2017.
UCC vs. Right to Freedom of Religion
Article 25: Guarantees an individual’s fundamental right to religion.
Article 26(b): Upholds the right of religious denominations to manage their own affairs.
Article 29: Protects the right to conserve distinctive culture.
Reasonable restrictions can be imposed on freedom of religion for public order, health, morality, and other provisions related to fundamental rights.
Minority Opinion in the Constituent Assembly
Some members sought to exempt Muslim Personal Law from state regulation, arguing against interference in personal laws based on secularism.
Concerns were raised about uniformity in a diverse country like India and the potential for opposition from different communities.
Gender justice was not a significant focus during these debates.
Enacting and Enforcing UCC
Fundamental rights are enforceable in courts, while Directive Principles have varying degrees of enforceability.
The wording of Article 44 suggests a lesser duty on the state compared to other Directive Principles.
Fundamental rights are considered more important than Directive Principles, and a balance between both is crucial.
Need for UCC
Multiple personal laws: Different religions and denominations follow distinct property and matrimonial laws, hindering national unity.
Absence of exclusive jurisdiction: Such thing in the Union List implies that the framers did not intend to have a UCC.
Customary laws are discriminatory: These laws also vary among different communities and regions.
Why is UCC Necessary?
Harmonizing equality: UCC would provide equal status to all citizens, promote gender parity, and align with the aspirations of a liberal and young population.
Promote fraternity: Implementation of UCC would support national integration.
Hurdles to UCC Implementation
Opposition from religious factions: The diverse religious and cultural landscape of India poses practical difficulties.
Minority resistance: UCC is often perceived by minorities as an encroachment on religious freedom and interference in personal matters.
Societal preparedness: Experts argue that Indian society may not be ready to embrace a UCC at present.
Unaddressed Questions
Ignoring diversities: Maintaining the essence of diverse components of society while achieving uniformity in personal laws.
One size fits all: The assumption that practices of one community are backward or unjust.
Uniqueness of diversity: The effectiveness of uniformity in eradicating societal inequalities.
Way Forward
Theological education: Religious intelligentsia should educate their communities about rights and obligations based on modern interpretations.
Open discussion: The government should create an environment conducive to UCC by explaining Article 44’s contents and significance while considering different perspectives.
Gradual introduction: Social reforms should be gradual, addressing concerns such as fake news and disinformation.
Prioritizing social harmony: Preserving the cultural fabric of the nation is essential.
