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  • In news: Mitakshara Law of Succession

    Central Idea

    • The Supreme Court clarified that children born from void or voidable marriages can inherit the parent’s share in a joint Hindu family property governed by Mitakshara law.
    • However, the inheritance rights are limited to the parent’s share and do not extend to other family members’ properties.

    Mitakshara School of Law

    History Originated in ancient India; attributed to Vijnaneshvara, a 12th-century scholar
    Focus Interpretation of Yajnavalkya Smriti in matters of family, property, and inheritance law
    Ancestral Property Emphasis on joint family property and ancestral property rights
    Inheritance Defines rules for succession and inheritance within Hindu families
    Variations Different regional interpretations, including the “Dayabhaga” School
    Regional Influence Widespread influence on Hindu legal practices, especially in property law
    Development Evolved over time and influenced by legal reforms and societal changes
    Modern Context Coexists with contemporary legal frameworks and personal laws
    Significance Played a significant role in shaping Hindu family and property law

    Nature of Marriages and Law

    • A voidable marriage is made invalid by the husband or wife through a decree.
    • A void marriage is invalid from the beginning.
    • Mitakshara Law of Succession applies to Hindu Undivided Families across India, except West Bengal and Assam.

    Ruling Details

    • The Supreme Court, headed by Chief Justice D.Y. Chandrachud, clarified that the child from a void or voidable marriage cannot claim rights to other family members’ properties.
    • The child’s inheritance rights pertain only to the parent’s share in the ancestral property.
    • A “notional partition” is conducted to ascertain the parent’s share immediately before their death.

    Inheritance Calculation

    • The law assumes a partition of the ancestral property between the deceased parent and other family members before the parent’s death.
    • The child’s inheritance is based on the share the parent would have received through this notional partition.

    Legal Basis

    • Section 16 of the Hindu Marriage Act grants legitimacy to children born from void or voidable marriages.
    • The court held that these children have the right to their parents’ property.
    • The intent of granting legitimacy to such children in the Hindu Marriage Act is reflected in the Hindu Succession Act.

    Impact of Amendment

    • The Hindu Succession (Amendment) Act, 2005, allows a deceased person’s share in a joint Hindu family property to devolve to heirs by testamentary or intestate succession.
    • Before the amendment, devolution occurred only through survivorship.
    • Equal rights of succession are now granted to women as well as men.

    Background and Precedents

    • The case was centered on Section 16(3) of the Hindu Marriage Act.
    • In 2011, a Division Bench of the Supreme Court championed the rights of children born from illegitimate marriages to inherit their parents’ properties.
    • The Division Bench emphasized that these children deserve the same rights as those born from valid marriages.

    Conclusion

    • The concept of legitimacy evolves with changing social norms.
    • The court observed that what was considered illegitimate in the past may be legitimate today.
    • Children born from void or voidable marriages should not be denied inheritance rights based on evolving social consensus.

  • Tibetan Democracy Day: A Legacy of Struggle and Resilience

    tibet

    Central Idea

    • Tibetan Democracy Day on September 2 marks the founding of the Tibetan government-in-exile in Dharamshala.
    • It signifies the establishment of Tibetan democracy after forced displacement.

    Tibetan Govt in Exile: Historical Genesis

    • In 1960, a year after Tibetans were displaced, the first elected representatives of the Tibetan Parliament-in-exile were sworn in.
    • His Holiness the 14th Dalai Lama’s influence led to the enactment of the Tibetan constitution in 1963, emphasizing democracy.

    Role of Central Tibetan Administration (CTA)

    • The CTA, based in Dharamshala, manages over 100,000 Tibetan refugees globally.
    • It is the heart of Tibetan self-governance and resilience.
    • CTA’s Evolution:
    1. The first women representatives were elected in 1963 under the Tibetan constitution.
    2. In 1975, the CTA declared September 2 as the founding day of Tibetan democracy.
    3. The Charter of the Tibetans in exile was adopted in 1991, followed by the Tibetan Supreme Justice Commission in 1992.

    CTA’s Functioning

    • The CTA, led by the President (Sikyong), operates through departments: Religion and Culture, Home, Finance, Education, Security, Information and International Relations, and Health.
    • The Tibetan Parliament-in-exile has 45 members representing various aspects of the Tibetan community.

    Leadership Transition

    • The Dalai Lama’s shift to semi-retirement led to direct elections of the executive head, Kalön Tripa.
    • In 2011, His Holiness delegated political authority to Sikyong, the President of the CTA.

    Bodh Gaya’s Role

    • In 1960, the first elected Tibetan representatives took their oaths in Bodh Gaya, marking the inception of the democratic system.
    • Bodh Gaya played a pivotal role in the early days of Tibetan democracy.

    India’s perception of Tibet

    • India respects the Dalai Lama as a spiritual leader but does not officially recognize the CTA as a government.
    • It balances diplomatic considerations while supporting Tibetan refugees.

    Global Recognition

    • The US stands as a vocal supporter, with bipartisan backing and specialized coordinators for Tibet.
    • While global recognition is limited, Tibetans value India’s consistent support.

    Back2Basics: Tibetan Buddhism

    Description
    Origin and Development Form of Vajrayana Buddhism; emerged in Tibetan Plateau and Himalayan regions
    Tantric Practices Emphasizes rapid spiritual awakening through rituals, visualizations, and energy transformation
    Dalai Lama and Panchen Lama Dalai Lama (Tenzin Gyatso) is spiritual leader; Panchen Lama is also significant
    Monastic Traditions Strong monastic presence; monks and nuns preserve teachings and meditate
    Deity Pantheon Diverse deities representing enlightenment qualities; depicted in mandalas and thangkas
    Prayer Flags and Wheels Flags convey prayers; wheels accumulate merit and blessings
    Reincarnation and Tulku System Belief in reincarnation; system to identify tulkus (reincarnated lamas)

     

  • Armenia and Azerbaijan Conflict

    Central Idea

    • Three Armenian soldiers have been killed in firing from Azerbaijan as tensions between the two countries persist.

    Consider this PYQ:

    Q.The area is known as ‘Golan Heights’ sometimes appears in the news in the context of the events related to: (CSP 2015)

    a) Central Asia
    b) Middle East
    c) South-East Asia
    d) Central Africa

    Post your answers here.

    What is the dispute?

    • Armenia and Nagorno-Karabakh, a breakaway region that is inside Azerbaijan but is run by ethnic Armenians, declared martial law and mobilized their male populations.
    • Armenia said Azerbaijan had carried out an air and artillery attack on Nagorno-Karabakh.

    Epicentre: The Nagorno-Karabakh region

    • Nagorno-Karabakh broke away from Azerbaijan in a conflict that broke out as the Soviet Union collapsed in 1991.
    • A ceasefire was agreed in 1994 after thousands of people were killed and many more displaced.
    • Azerbaijan and Armenia frequently accuse each other of attacks around Nagorno-Karabakh and along the separate Azeri-Armenian frontier.

    Economics behind the clashes

    • The clashes prompted a flurry of diplomacy to prevent a new flare-up of a decades-old conflict between majority Christian Armenia and mainly Muslim Azerbaijan.
    • Pipelines shipping Caspian oil and natural gas from Azerbaijan to the world pass close to Nagorno-Karabakh.
    • The clashes have raised concerns about instability in the South Caucasus, a corridor for pipelines transporting oil and gas to world markets.

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  • Exploring Haryana’s Parivar Pehchan Patra Scheme

    parivar pehchan patra

    Central Idea

    • The Parivar Pehchan Patra (PPP), introduced in 2020 and rolled out in September 2021 in Haryana, has evoked both attention and criticism.

    Parivar Pehchan Patra

    • The PPP assigns a unique 8-digit identity number to each family unit residing in Haryana.
    • Enrolment in the PPP is obligatory for accessing government services and social security schemes.
    • Families can register through Common Service Centers, SARAL Kendras, or registered PPP operators, with verified data collected based on self-declarations and strict procedures.

    Key Functions and Linkages

    • The PPP streamlines access to various public welfare programs, including subsidized rations, Old Age Samman Allowance, Divyang Pension, educational admissions, government exams, and more.
    • It gathers extensive data, encompassing family members’ details, Aadhaar numbers, demographics, educational and occupational information, immovable property ownership, and social status.

    Comparing PPP with Aadhaar

    • The scheme’s proponents note that PPP leverages Aadhaar’s digital framework but offers a more intricate delivery.
    • While Aadhaar focuses on unique identity information, PPP encompasses socio-economic data, validated through specific procedures.

    Opposition’s Concerns and Criticisms

    • A former CM highlighted data collection errors leading to people being denied subsidies and benefits.
    • A legislator raised multiple objections, alleging misuse of data for voter profiling, and criticized the depth of personal information required.
    • Concerns were raised about the need for Aadhaar details, caste, PAN card, bank account, and property information. It was asserted that social security doesn’t necessitate caste identification.
    • The criticism extended to the potential exploitation of caste-based and socio-economic data for electoral advantages.

    Conclusion

    • The Parivar Pehchan Patra scheme in Haryana aims to streamline government services and welfare delivery.
    • While the initiative offers benefits, concerns about data accuracy, privacy, and potential political manipulation necessitate careful scrutiny and public discourse.

  • Deloitte heaps praises on India’s ONDC

    Central Idea

    • The Open Network for Digital Commerce (ONDC) is poised to revolutionize India’s digital commerce sector, which is projected to reach $350 billion by 2030.
    • Deloitte India recently released a whitepaper that outlines the potential of ONDC and its alignment with India’s Digital Public Infrastructure (DPI).

    ONDC Framework: Enabling Seamless Commerce

    • The ONDC framework leverages India’s Digital Public Infrastructure (DPI) to facilitate seamless commerce interactions.
    • ONDC aims to promote open networks developed through open-source methodologies.
    • The project seeks to combat digital monopolies by creating a platform for all online retailers, based on standardized open specifications and network protocols.

    Understanding Open-Source

    • Open-source projects allow for the free use, study, modification, and distribution of the project for any purpose.
    • ONDC’s open-source approach could potentially impact operational aspects like seller onboarding, vendor discovery, price discovery, and product cataloguing.

    Significance of Open-Sourcing

    • Open-sourcing a process involves making its code or steps freely available for use, redistribution, and modification.
    • Implementing ONDC’s open-source processes could level the playing field for smaller online retailers and new entrants.

    ONDC’s Objectives: Countering Digital Monopolies

    • ONDC aims to digitize value chains, standardize operations, and enhance efficiency, benefiting stakeholders and consumers.
    • Digital monopolies, dominated by e-commerce giants, are being challenged by ONDC, aligned with India’s draft e-commerce policy.

    ONDC Processes and Government’s Move

    • ONDC streamlines processes like seller onboarding, vendor and price discovery, and product cataloguing.
    • The Indian government’s move is spurred by the need to reduce foreign companies’ control over the domestic e-commerce ecosystem.

    Evolution and Challenges of Digital Commerce

    • The whitepaper charts the evolution of digital commerce in India, highlighting the hurdles faced in its early stages.
    • Challenges like resistance from major e-commerce players and MSME compliance burdens must be addressed.
    • Challenges included concerns about security, trust, and the perceived value of digital transactions.
    • ONDC’s framework addresses these challenges, offering agility, security, and profitability simultaneously.

    ONDC’s Impact across Industries

    • Deloitte India emphasized ONDC’s potential to empower various industries.
    • ONDC’s vision aligns with India’s growth trajectory, shifting power towards consumers and small and medium enterprises (SMEs).
    • The framework’s unique proposition bridges gaps in value chains, fosters innovation, and streamlines interactions.

    Agriculture and ONDC

    • ONDC has transformative implications for the agriculture sector.
    • It provides farmers direct access to buyers, eliminating intermediaries.
    • Farmers Producer Organisations (FPOs) can establish direct connections with potential clients, enhancing value chain optimization.
    • This integration benefits various stakeholders, including mandis, corporations, traders, hospitality establishments, and farm-to-table start-ups.

    Unlocking Commerce Potential

    • While India’s digital commerce sector is projected to touch $350 billion by 2030, e-commerce currently constitutes only about 4.3% of retail commerce.
    • ONDC’s innovative approach is poised to drive higher participation in digital commerce, optimizing value chains, and accelerating sector growth.

    Conclusion

    • The Open Network for Digital Commerce (ONDC) is set to redefine India’s digital commerce landscape.
    • The framework’s alignment with India’s Digital Public Infrastructure (DPI) and its potential to foster seamless interactions across industries hold great promise.
    • ONDC’s agility, security, and profitability features make it a catalyst for innovation and economic growth.

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