Prime Minister has launched the ‘Call Before u Dig’ (CBuD) app, to facilitate coordination between excavation agencies and underground utility owners to prevent damage to utilities due to digging.
Call Before u Dig (CBUD)
The app is an initiative of the Department of Telecommunications, Ministry of Communications.
Uncoordinated digging and excavation causes damage to underlying assets like optical fibre cables, leading to losses of about Rs 3,000 crore every year.
The app aims to prevent damage to utilities due to digging.
It will save potential business loss and minimise discomfort to citizens due to reduced disruption in essential services like road, telecom, water, gas and electricity.
How does the app work?
The CBuD app connects excavators and asset owners through SMS/Email notifications and click-to-call.
It ensures planned excavations in the country while ensuring the safety of underground assets.
Excavating companies can inquire about existing subsurface utilities before starting excavation work.
Utility owners can find out about impending work at the location.
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Cancer cases in India are predicted to cross the 15 lakh mark by 2025, highlighting concerns about the economic burden of expensive cancer treatments and the accessibility of affordable healthcare for patients.
Cancer
Cancer is a group of diseases that arise when cells in the body begin to grow and divide uncontrollably, leading to the formation of tumors.
Normally, cells in the body grow, divide, and die in an orderly fashion, but in cancer, this process goes awry, leading to the accumulation of abnormal cells that can form a mass or tumor.
There are many different types of cancer, which can affect any part of the body. Some cancers, such as leukemia, do not form tumors but still involve the uncontrolled growth of abnormal cells.
Symptoms of cancer can vary depending on the type and location of the cancer, but common signs include unexplained weight loss, fatigue, pain, and changes in the skin or the appearance of a lump or mass.
Economic Burden of Cancer Treatment
Inaccessible and Increasing Costs:
The average medical expenditure per hospitalization case for cancer treatment was ₹68,259 in urban areas, according to the NSS 2017-18 report.
A Parliamentary Standing Committee report expressed concern about the inaccessible and increasing cost of cancer treatment.
Regulatory Challenges:
While anti-cancer medicine costs can be regulated, the cost of radiotherapy cannot, as it has not been declared an essential service.
Insurance Coverage and Out-of-Pocket Expenses.
Impact on Patients:
Cancer often strikes around the retirement age, leading to mounting debt burdens.
The average hospital stay for 14.1% of cancer patients is more than 30 days, further increasing bills.
Insurance Coverage and Out-of-Pocket Expenses
Poor Insurance Penetration: More than 80% of hospital bills are paid out of pocket, as per the NSS 2017-18 report.
Ayushman Bharat Limitations: The Committee observed that the Ayushman Bharat insurance scheme launched in 2018 does not cover entire prescriptions, latest cancer therapies, or many diagnostic tests.
State-Specific Insurance Schemes: The Committee suggested a convergence of State and Central schemes, as some State-specific insurance schemes have been highly beneficial.
State-wise Variation in Cancer Treatment Expenditure
State-wise average medical expenditure per hospitalization case for cancer treatment in government hospitals varies, with the lowest in Tamil Nadu and Telangana, and the highest in northern and north-eastern India.
Unlike chemotherapy or immunotherapy, which require mass-produced injectable or oral medication, CAR T-cell therapies use a patient’s own cells.
The treatment involves modifying a patient’s own T-cells, which are a type of immune cell, in a laboratory to target and attack cancer cells.
CAR stands for chimeric antigen receptor, which refers to the genetically engineered receptor that is added to the patient’s T-cells.
The patient’s T-cells are collected and genetically modified in a laboratory to express the CAR.
The modified T-cells are then infused back into the patient’s body, where they can seek out and destroy cancer cells that express the antigen targeted by the CAR.
The cells are even more specific than targeted agents and directly activate the patient’s immune system against cancer, making the treatment more clinically effective.
This is why they’re called living drugs.
CAR T-cell therapy has shown promising results in treating certain types of blood cancers, including leukemia and lymphoma.
Conclusion
The rising number of cancer cases in India underscores the need to address the economic burden of expensive cancer treatments and improve the accessibility of affordable healthcare for patients. Converging State and Central insurance schemes, expanding insurance coverage, and exploring ways to regulate treatment costs are essential steps to ensure that patients can access life-saving treatments without facing insurmountable financial challenges.
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The ₹70,000 crore Holistic Development of Great Nicobar Island project raises concerns about its ecological impact and the Union government’s hasty clearances, while its feasibility and sustainability remain questionable.
The Holistic Development of Great Nicobar Island project is a major infrastructure development initiative launched by the Indian government in 2020.
The Union Ministry of Environment, Forest and Climate Change (MoEFCC) has cleared the way for the ‘Holistic Development of Great Nicobar Island project.
The project aims to transform the Great Nicobar Island, the largest island in the Nicobar group of islands in the Bay of Bengal, into a modern, sustainable, and self-sufficient territory.
The project includes an international transhipment port, an international airport, a gas and solar-based power plant, and an ecotourism and residential township.
Environmental and Ecological Concerns
Quick Clearances and Exemptions: The project’s quick approvals, clearances, exemptions, and de-notifications indicate the Union government’s keenness to implement it.
Urbanization and Biodiversity: The project is expected to attract a population equal to the entire island chain, with potential negative impacts on the region’s marine and terrestrial biodiversity.
Biosphere Reserve and Tribal Reserves: The island was declared a biosphere reserve in 1989 and is home to vulnerable tribal communities, such as the Nicobarese and Shompen.
Feasibility and Sustainability Issues
Hinterland Economic Activities: A successful transhipment hub requires viable hinterland economic activities, which may be wishful thinking in Great Nicobar.
Afforestation and Coral Reef Translocation: The far-field afforestation recommendation and coral reef translocation are questionable compensation methods.
Tectonic Instability: Great Nicobar Island’s proximity to the Ring of Fire and its history of earthquakes raise concerns about the feasibility of developing an urban port city.
Facts for Prelims: Andaman and Nicobar Islands (ANI)
Location: Located between 6° and 14° North Latitude and 92° and 94° East Longitude lie the Andaman and Nicobar Islands, a union territory in India.
Two groups of Island: It consists of two groups of islands. The islands located north of 10° north latitude are known as Andaman while islands located south of 10° north latitude are called Nicobar.
The Andamans: More than 300 islands make up the Andamans. North, Middle, and South Andaman, known collectively as Great Andaman, are the main islands;
The 10- degree channel: The 10-degree channel which is about 145 km long separates Little Andaman in the south from the Nicobar Islands.
The Nicobars: The Nicobars consists of 19 islands. Among the most prominent is Car Nicobar in the north; and Great Nicobar in the south. About 90 miles to the southwest of Great Nicobar lies the northwestern tip of Sumatra, Indonesia.
Formation: Both the Andaman and Nicobar groups are formed by the above-sea extensions of submarine ridges of mountains and are a part of a great island arc. The highest peak is 2,418 feet at Saddle Peak on North Andaman, followed by Mount Thullier at 2,106 feet on Great Nicobar and Mount Harriet at 1,197 feet on South Andaman. Barren island, the only known active Volcano in south Asia lies in the Andaman Sea. In the late 20th and early 21st centuries, there were volcanic eruptions on Barren Island.
Andaman Terrain: Formed of sandstone, limestone, and shale of Cenozoic age, the terrain of the Andamans is rough, with hills and narrow longitudinal valleys. Flat land is scarce and is confined to a few valleys.
Nicobar Terrain: The terrain of the Nicobar is more diverse than that of the Andamans. Some of the Nicobar Islands, such as Car Nicobar, have flat coral-covered surfaces with offshore coral formations that prevent most ships from anchoring. Other islands, such as Great Nicobar, are hilly and contain numerous fast-flowing streams.
Great Nicobar is the only island in the territory with a significant amount of fresh surface water.
Climate: The climate of the Andaman and Nicobar Islands is tropical but is moderated by sea.
Conclusion
The Great Nicobar Island project’s ecological and environmental costs, along with its questionable feasibility and sustainability, raise concerns about India’s commitment to conservation, sustainability, and green development models. It is crucial that the green developmental model becomes the guiding principle for future economic activities, ensuring that growth does not result in irretrievable loss of natural capital.
Mains Question
Q. Recently Union Ministry of Environment, Forest and Climate Change (MoEFCC) has cleared the way for the Holistic Development of Great Nicobar Island project. In this backdrop, discuss environmental and ecological concerns and sustainability issues.
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This Spotlight is a part of our Mission Nikaalo Prelims-2023.
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22nd Mar 2023
Species In News
Indian Bullfrogs
The Indian Bullfrog Hoplobatrachus Tigerinus (native to the Indian subcontinent) has rapidly invaded the Andaman islands after it was introduced there in the early 2000s.
In human-dominated areas, it now shares space with other native (and often endemic) frog species.
The bullfrogs are prolific breeders: they have short breeding seasons, and each egg clutch can contain up to 5,750 eggs.
Its tadpoles are carnivorous and eat other tadpoles (including their own species).
The proportion of bullfrog tadpoles surviving was greater in the presence of both endemic frog tadpoles.
This is worrying because other native frog species – many of which are only being described – could also be affected
Balsams of Eastern Himalayas
Consisting of both annual and perennial herbs, balsams are succulent plants with high endemism.
Because of their bright beautiful flowers, these groups of plants are of prized horticultural significance.
The details of the new species, including several new records, have been highlighted in the book, recently published by the Botanical Survey of India.
Of the 83 species described, 45 are from Arunachal Pradesh, 24 from Sikkim and 16 species common to both states.
Threats:
Prior to 2010, specimens of Impatiens that had potential of being identified as new species would be collected but the dried-up specimens looked identical to the species discovered earlier and their effort yielded no results.
Other than high endemism, what sets Impatiens apart is their sensitivity to climate change.
Most of the species of Impatiens cannot endure persistent drought or extended exposure to direct sunlight.
As a result Impatiens species are typically confined to stream margins, moist roadsides, waterside boulders, near waterfalls and wet forests.
Miracle Plant Arogyapacha
This ‘miracle plant’ is known for its traditional use by the Kani tribal community to combat fatigue.
Studies have also proved its varied spectrum of pharmacological properties such as anti-oxidant, aphrodisiac, anti-microbial, anti-inflammatory, immunomodulatory, anti-tumour, anti-ulcer, anti-hyperlipidemic, hepatoprotective and anti-diabetic.
Dracaena Cambodiana: India’s first dragon blood-oozing tree
A group of researchers has discovered Dracaena cambodiana, a dragon tree species in the Dongka Sarpo area of West Karbi Anglong, Assam.
This is the first time that a dragon tree species has been reported from India.
In India, the Dracaena genus belonging to the family Asparagaceae is represented by nine species and two varieties in the Himalayan region, the northeast and Andaman and Nicobar Islands.
But Dracaena cambodiana is the only true dragon tree species.
The Dracaena seeds are usually dispersed by birds. But due to the large fruit size, only a few species of birds are able to swallow the fruits, thus limiting the scope of its nature conservation.
7 New Species Of Insects That Can Walk On Water Discovered
The newly described species belong to the genus Mesovelia whose size ranges from 1.5 mm to 4.5 mm and are equipped with hydrophobic setae (bristles) on their legs.
The combination of hydrophobic setae and water surface tension prevents them from sinking.
The insects are pale green with silver-white wings with black veins on the basal half which make them stand out over the green mat of aquatic weeds.
Among the new discoveries, Mesovelia andamana is from Andaman Islands, bispinosa and M. isiasi are from Meghalaya, M. occulta and M. tenuia from Tamil Nadu and M.brevia and M. dilatata live both in Meghalaya and Tamil Nadu.
Evolution
These bugs are hemimetabolous insects without having larval stage i.e., they go from egg to nymph to adult.
They are found on freshwater bodies such as ponds, lakes, pools, streams, rocks with moss and sometimes on estuaries.
These bugs serve as predators and scavengers (feed on midges, water fleas, feed on dead and dying mosquitoes), thereby removing organic waste and also providing a natural sanitation service.
The females of Mesovelia are larger than males and dig several holes on plants and insert eggs in plant tissues with a specially adapted long serrated ovipositor (genital organ).
Emperor Penguin Colony In Antarctica Vanishes
The emperor penguin (Aptenodytes forsteri) is the tallest and heaviest of all living penguin species and is endemic to Antarctica.
Like all penguins, it is flightless, with a streamlined body, and wings stiffened and flattened into flippers for a marine habitat.
Its diet consists primarily of fish, but also includes crustaceans, such as krill, and cephalopods, such as squid.
The only penguin species that breeds during the Antarctic winter, emperor penguins trek 50–120 km over the ice to breeding colonies which can contain up to several thousand individuals.
In 2012 the emperor penguin was uplisted from a species of least concern to near threatened by the IUCN.
Arctic Kelp Forests
Kelp is a type of large brown seaweed that grows in shal-low, nutrient-rich saltwater, near coastal fronts around the world.
They occur on rocky coasts throughout the Arctic.
Kelp is a type of large brown seaweed that grows in shallow, nutrient-rich saltwater, near coastal fronts around the world.
They occur on rocky coasts throughout the Arctic.
The longest kelp recorded in the Arctic in Canada was 15 metres, and the deepest was found at 60-metre depth (Disko Bay, Greenland).
Kelps function underwater in the same way trees do on land. They create habitat and modify the physical environment by shading light and softening waves.
The underwater forests that Kelps create are used by many animals for shelter and food.More than 350 different species – up to 100,000 small invertebrates – can live on a single kelp plant, and many fish, birds and mammals depend on the whole forest.
Kelp forests also help protect coastlines by decreasing the power of waves during storms and reducing coastal erosion.
Neelakurinji Blossom
Kurinji or Neelakurinji (Strobilanthes kunthianus) is a shrub that is found in the shola forests of the Western Ghats in South India
Nilgiri Hills, which literally means the blue mountains, got their name from the purplish-blue flowers of Neelakurinji that blossoms only once in 12 years.
It is the most rigorously demonstrated, with documented bloomings in 1838, 1850, 1862, 1874, 1886, 1898, 1910, 1922, 1934, 1946, 1958, 1970, 1982, 1994, 2006 and 2018
Some Kurinji flowers bloom once every seven years, and then die. Their seeds subsequently sprout and continue the cycle of life and death.
Kashmir Stag (Hangul)
Hangul, the state animal of Jammu & Kashmir, is restricted to the Dachigam National Park some 15 km north-west of Jammu & Kashmir summer capital Srinagar.
The Hangul is placed under Schedule I of the Indian Wildlife (Protection) Act, 1972 and the J&K Wildlife Protection Act, 1978.
The Hangul was once widely distributed in the mountains of Kashmir and parts of Chamba district in neighbouring Himachal Pradesh.
The IUCN’s Red List has classified it as Critically Endan-gered and is similarly listed under the Species Recovery Programme of the Wildlife Institute of India (WII) and the Environmental Information System (ENVIS) of the MoEFCC.
From a population of 5,000 in the early 1900s, the Hangul’s numbers have constantly declined over the decades.
The Hangul is considered equally significant to the state of Jammu & Kashmir as the tiger is to the whole of India.
The Paliyan tribal people living in Tamil Nadu used it as a reference to calculate their age.
It is the only Asiatic survivor or subspecies of the European red deer.
But the state animal’s decreasing population remains a big concern.
According to the latest survey in 2017, the population of Hangul is 182 in Dachigam and adjoining areas. Earlier population estimates suggest that there were 197 deer in 2004 and 186 in 2015. T
The IUCN Red Data Book — which contains lists of species at risk of extinction — has declared the Hangul as one of three species that were critically endangered in J&K.
The other two are the Markhor — the world’s largest species of wild goat found in Kashmir and several regions of central Asia — and the Tibetan antelope or ‘Chiru’.
Great Indian Bustard
The Great Indian Bustard (GIB) is one of the few species that the Government of India has included in its ‘recovery programme for critically endangered species’.
With less than 200 GIBs remaining in the world, most of them were found in Rajasthan’s ‘Desert National Park’. We are on the brink of forever losing a majestic bird species, which was once a strong contender to be declared as India’s National Bird.
Habitat: Arid and semi-arid grasslands, open country with thorn scrub, tall grass interspersed with cultivation.
It avoids irrigated areas. It is endemic to Indian Sub-continent. found in central India, westem India and eastern Pakistan.
Currently, it is found in only six states in the country Madhya Pradesh, Gujarat, Maharashtra, Andhra Pradesh, Rajasthan and Karnataka. Protection: Listed in Schedule I of the Wildlife (Protection) Act, 1972 and Critically Endangered on the IUCN Red List.
It is also listed in Appendix I of CITES and covered under CMS or Bonn Convention.
Bustard Species Found in India: Great Indian Bustard, the Lesser Florican and the Bengal Florican; Houbara also belong to Bustard family but it’s a migratory species.
Importance to Ecosystem: GIB is an indicator species for grassland habitats and its gradual disappearance from such environments shows their deterioration. Once the species is lost. there will be no other species to replace it, and that will destabilise the ecosystem of the grassland and affect critical bio-diversities, as well as blackbucks and wolves, who share their habitat with the GIB.
Conservation Steps: Great Indian Bustard, popularly known as ‘Godawan is Rajasthan’s state bird. The state government has started “Project Godawan” for its conservation at Desert National Park (DNP) in Jaisalmer. It’s one of the Spades for The Recovery Programme under the Integrated Development of Wildlife Habitats of the Ministry of Environment and Forests.
Tasmanian Tiger
The Tasmanian tiger or thylacine (a dog headed pouched dog) was an exclusively carnivorous marsupial that is considered to be extinct.
It has resemblance to a dog, with its distinguishing features being the dark stripes beginning at the rear of its body and extending into its tail, its stiff tail and abdominal pouch.
The last known thylacine died in captivity over 80 years ago, in Tasmania’s Hobart Zoo in 1936.
It may also be the only mammal to have become extinct in Tasmania since the European settlement.
Adratiklit boulahfa
Named Adratiklit boulahfa, it is also the first stegosaurus to be found in North Africa.
Its remains were discovered in the Middle Atlas Mountains of Morocco.
The scientists believe it is not only a new species but also belongs to a new genus.
The name is derived from the words used by the Berber (an ethnic group indigenous to North Africa) for mountains (Adras), lizard (tiklit) and and the area where the specimen was found. (Boulahfa).
The Global Security Initiative (GSI), a China-led framework aiming to restore stability and security in Asia, appears to be more of a counter-narrative to U.S. leadership rather than a genuine attempt to establish a sustainable security order.
What is GSI?
The GSI was introduced by Chinese Minister of Foreign Affairs Qin Gang at the Lanting Forum in Beijing.
The initiative is based on five pillars: mutual respect, openness and inclusion, multilateralism, mutual benefit, and a holistic approach.
Mutual Respect and Adherence to International Law:
China’s relations with neighbors like India and Southeast Asian countries demonstrate a lack of respect for their sovereignty and territorial integrity.
China’s assertive manoeuvres in the South China Sea, rejection of UNCLOS, and undermining of India’s territorial integrity are at odds with the GSI’s first principle.
Openness and Inclusion:
Despite advocating for openness and inclusion, China engages in exclusionary policies in the East and South China Seas, rejecting freedom of navigation and consolidating its sphere of influence.
Multilateralism and Security Cooperation:
China’s involvement in multilateral institutions often involves asymmetric power relations, as seen in its dealings with ASEAN members.
Its delay in establishing a Code of Conduct for the South China Sea and ongoing militarization in the region undermine this principle.
Mutual Benefit:
China’s Belt and Road Initiative (BRI) has the potential to benefit all parties involved. However, its funding of unsustainable projects for countries with low credit ratings creates debt burdens and destabilizes international macroeconomic stability.
China’s insistence on a larger share in joint resource exploration with the Philippines is another example of disregarding mutual benefit.
Holistic Approach:
China’s rise in a transitioning multipolar international system has led to power competitions with established and rising powers, such as the U.S. and India.
Its engagements with these powers indicate a narrowly defined goal for its power interests. Furthermore, China’s involvement in non-traditional security threats, such as the COVID-19 pandemic and arming terror groups, shows a lack of holistic approach.
Conclusion
China’s rise in a transitioning multipolar international system has led to power competitions with established and rising powers, and its involvement in non-traditional security threats shows a lack of holistic approach. It’s Global Security Initiative, which is a vision of a future security order, is vastly different from China’s recent track record of external engagement.
Mains Question
Q. What is China’s Global Security Initiative (GSI)? It is said that China’s GSI is vastly different from China’s recent track record of external engagement. Discuss
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The Supreme Court will examine whether petitions challenging the validity of the electoral bonds scheme need to be referred to a Constitution Bench.
What is a Constitution Bench?
The constitution bench is the name given to the benches of the Supreme Court of India.
The Chief Justice of India has the power to constitute a Constitution Bench and refer cases to it.
Constitution benches are set up when the following circumstances exist:
Interpretation of the Constitution: Article 145(3) provides for the constitution of at least five judges of the court which sit to decide any case “involving a substantial question of law as to the interpretation” of the Constitution of India.
President of India seeking SC’s opinion: When the President has sought the Supreme Court’s opinion on a question of fact or law under Article 143 of the Constitution. Article 143 of the Constitution provides for Advisory jurisdiction to the SC. As per the provision, the President has the power to address questions to the apex Court, which he deems important for public welfare.
Conflicting Judgments: When two or more three-judge benches of the Supreme Court have delivered conflicting judgments on the same point of law, necessitating a definite understanding and interpretation of the law by a larger bench.
The Constitution benches are set up on ad hoc basis as and when the above-mentioned conditions exist.
Constitution benches have decided many of India’s best-known and most important Supreme Court cases, such as:
K. Gopalan v. State of Madras (Preventive detention)
Kesavananda Bharati v. State of Kerala (Basic structure doctrine) and
Ashoka Kumar Thakur v. Union of India (OBC reservations) etc.
What are Electoral Bonds?
Electoral bonds are banking instruments that can be purchased by any citizen or company to make donations to political parties, without the donor’s identity being disclosed.
It is like a promissory note that can be bought by any Indian citizen or company incorporated in India from select branches of State Bank of India.
The citizen or corporate can then donate the same to any eligible political party of his/her choice.
An individual or party will be allowed to purchase these bonds digitally or through cheque.
About the scheme
A citizen of India or a body incorporated in India will be eligible to purchase the bond
Such bonds can be purchased for any value in multiples of ₹1,000, ₹10,000, ₹10 lakh, and ₹1 crore from any of the specified branches of the State Bank of India
The purchaser will be allowed to buy electoral bonds only on due fulfillment of all the extant KYC norms and by making payment from a bank account
The bonds will have a life of 15 days (15 days time has been prescribed for the bonds to ensure that they do not become a parallel currency).
Donors who contribute less than ₹20,000 to political parties through purchase of electoral bonds need not provide their identity details, such as Permanent Account Number (PAN).
Objective of the scheme
Transparency in political funding: To ensure that the funds being collected by the political parties is accounted money or clean money.
Who can redeem such bonds?
The Electoral Bonds shall be encashed by an eligible Political Party only through a Bank account with the Authorized Bank.
Only the Political Parties registered under Section 29A of the Representation of the People Act, 1951 (43 of 1951) and which secured not less than one per cent of the votes polled in the last General Election to the Lok Sabha or the State Legislative Assembly, shall be eligible to receive the Electoral Bonds.
Restrictions that are done away
Earlier, no foreign company could donate to any political party under the Companies Act
A firm could donate a maximum of 7.5 per cent of its average three year net profit as political donations according to Section 182 of the Companies Act.
As per the same section of the Act, companies had to disclose details of their political donations in their annual statement of accounts.
The government moved an amendment in the Finance Bill to ensure that this proviso would not be applicable to companies in case of electoral bonds.
Thus, Indian, foreign and even shell companies can now donate to political parties without having to inform anyone of the contribution.
Issues with the Scheme
Opaque funding: While the identity of the donor is captured, it is not revealed to the party or public. So transparency is not enhanced for the voter.
No IT break: Also income tax breaks may not be available for donations through electoral bonds. This pushes the donor to choose between remaining anonymous and saving on taxes.
No anonymity for donors: The privacy of the donor is compromised as the bank will know their identity.
Differential benefits: These bonds will help any party that is in power because the government can know who donated what money and to whom.
Unlimited donations: The electoral bonds scheme and amendments in the Finance Act of 2017 allows for “unlimited donations from individuals and foreign companies to political parties without any record of the sources of funding”.
Way ahead
The worries over the electoral bond scheme, however, go beyond its patent unconstitutionality.
The concern about the possibility of misuse of funds is very pertinent.
The EC has been demanding that a law be passed to make political parties liable to get their accounts audited by an auditor from a panel suggested by the CAG or EC. This should get prominence.
Another feasible option is to establish a National Election Fund to which all donations could be directed.
This would take care of the imaginary fear of political reprisal of the donors.
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Recently, the Supreme Court referred a batch of petitions seeking the legal recognition of same-sex marriages to a Constitution Bench.
The Union government has opposed the petitions. Law Minister Kiren said that marriage is a matter of policy to be decided by Parliament and the executive alone.
In this context, this edition of the Burning Issue will explain this issue and the arguments around it.
What is the issue?
The Supreme Court had issued notice to the Centre Govt on a plea by two gay couples seeking recognition of same-sex marriage under the Special Marriage Act, 1954 in November 2022, asking for its stand on same-sex marriage.
In response to this notice, the Union Government has recently filed an affidavit clarifying its stance on same-sex marriages.
What is meant by Same-sex marriage?
Same-sex marriage is the legal recognition of a marriage between two individuals of the same sex.
It grants same-sex couples the same legal and social recognition, rights, and privileges that are traditionally associated with marriage, including property rights, inheritance rights, and the ability to make decisions for each other in medical emergencies.
The recognition of same-sex marriage varies around the world, with some countries legalizing it while others do not.
The issue has been the subject of much debate and controversy, with arguments for and against same-sex marriage based on religious, cultural, social, and legal considerations.
Same-sex marriage in India
Same-sex marriage is currently not legally recognized in India.
Section 377 of the Indian Penal Code, which criminalized homosexuality, was struck down by the Supreme Court of India in 2018, which was a landmark decision for LGBTQ+ rights in the country.
However, there is still no law that allows same-sex couples to legally marry or have any legal recognition of their relationships.
What is the Judicial basis for same-sex marriage?
Decriminalization of IPC section 377 in the Navtej Singh Johar & Ors. V. Union of India(2018)
In this landmark verdict, the Supreme Court today scrapped the controversial Section 377– a 158-year-old colonial law on consensual gay sex.
Section 377, which is part of an IPC 1861, banned “carnal intercourse against the order of nature with any man, woman or animal” — which was interpreted to refer to homosexual sex.
The Supreme Court reversed its own decision and said Section 377 is irrational and arbitrary.
The judgment was delivered by a Bench of Chief Justice of India Dipak Misra and Justices Rohinton Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra.
What does the Government affidavit say?
The main points of the Government affidavit are:
Heterosexual marriage has been the norm throughout history and is “foundational to both the existence and continuance of the state.”
Marriage in India is regarded as a “holy union,” a “sacrament,” and a “sanskar,” and is dependent on customs, rituals, practices, cultural ethos, and societal values.
Any “deviation” from the “statutorily, religiously and socially” accepted norm in “human relationships” can only happen through the legislature and not the Supreme Court.
In its affidavit to the Supreme Court, the government argued that the traditional concept of marriage, consisting of a biological man, woman and child, cannot be disrupted.
It claimed that recognizing same-sex marriages could cause havoc in the system of personal laws.
As different from many liberal democracies, in India, aspects of marriage, succession and adoption are governed by religious personal laws.
Reasons behind the center’s opposition
Legal revamp required: The registration of marriage of same-sex persons also results in a violation of existing personal as well as codified law provisions — such as ‘degrees of prohibited relationship’; ‘conditions of marriage’; ‘ceremonial and ritual requirements’ under the personal laws governing the individuals”.
Definition of spouse: In a same-sex marriage, it is neither possible nor feasible to term one as ‘husband’ and the other as ‘wife’ in the context of the legislative scheme of various personal laws.
Against cultural norms: The social order in our Country is a religion based which views procreation as an obligation for the execution of various religious ceremonies.
Property and other civil rights: Property rights post-marriage is a much-contested issue in India. Same-sex marriage will not create any immunity for the law but increase complex interpretations.
Navtej case did not mention marriages: The 2018 Navtej Singh Johar judgment decriminalized homosexuality, but it did not mention/legitimize same-sex marriage.
Not comparable to the heterosexual couple: Same-sex marriage cannot be compared to a man and woman living as a family with children born out of the union.
Violation of existing personal laws: Registration of same-sex marriage would result in a violation of existing personal as well as codified law provisions.
In the interest of society: There is a “compelling interest” for society and the state to limit recognition to heterosexual marriages only.
What stand do petitioners have?
Same-sex marriage as a matter of rights
Any social policy is liable to judicial interference if rights are violated.
The petitioners rely on the rights to equality and non-discrimination as laid out in Articles 14 and 15.
The Constitution prohibits the state from discriminating based on sex.
Sex has been interpreted by the Supreme Court in Navtej Singh Johar (2018) to include sexual orientation. Granting the right to marry heterosexual couples and not to homosexual couples discriminates on the basis of their sexual orientation.
Same-sex marriage is a matter of privacy
Right to privacy: Supreme Court recognized this right to be part of the right to life and liberty under Article 21 of the Constitution in the celebrated Puttaswamy (2017) verdict.
What the court said on privacy: Privacy includes at its core the preservation of personal intimacies, the sanctity of family life, marriage, procreation, the home and sexual orientation.
The state currently denies this right: The right to privacy entails the right of the citizens to make decisions about their family life and marriage. The state currently denies same-sex couples this right.
The Special Marriage Act: The Special Marriage Act is a secular law that works alongside religious personal laws. Same-sex marriages can be recognized under the Special Marriage Act. The Act already speaks of marriages between any two persons which are solemnized under it. Any two persons can include two persons of the same sex.
Special Marriage Act
The Special Marriage Act is a law in India that allows individuals of different religions or nationalities to marry each other.
It was enacted in 1954 and came into effect in 1955.
The Special Marriage Act allows for inter-caste and inter-religious marriages, and couples who register under this act are not required to change their religion or follow any religious rites or rituals. However, the act does not recognise same-sex marriages.
The act also provides for divorce on certain grounds and maintenance to the spouse and children.
Issues with such marriages
Morality: This has brought with it a change in social attitudes so that the stigma attached to homosexuality has to a greater extent disappeared.
Rising activism: Campaigns for lesbian and gay rights have taken on an increasingly radical character, arguing for an end to all forms of discrimination against homosexuality.
Religious sanctions: Same-sex acts are punishable by death in Arab countries. No religion openly embraces same-sex marriage. More or less, they are considered unnatural everywhere.
Social stigma: Apart from the harsh legal scenario, homosexuals face social stigma as well. Same-sex marriages are still unimaginable as any instance of sexual relations between a couple of the same sex draws hatred and disgust.
Patriarchy: It must not be forgotten that Indian society is patriarchal in nature and the fact that certain women and men have different choices, which is not sanctioned by the ‘order’, frightens them in a way.
Burden of collectivity: Our society is very community oriented and individualism is not encouraged in the least, any expression of homosexuality is seen as an attempt to renounce tradition and promote individualism.
Arguments in favor of such marriages
Pursuit of happiness: Homosexuality is not an offense, it is just a way of the pursuit of happiness, a way to achieve sexual happiness or desire.
Right to privacy: The fundamental right to liberty (under Article-21) prohibits the state from interfering with the private personal activities of the individual.
Arbitrariness: Infringement of, the right to equal protection before the law requires the determination of whether there is a rational and objective basis to the classification introduced.
Issues with the definition: Section-377 assumes that a natural sexual act is that which is performed for procreation. Hence, it thereby labels all forms of the non-procreative sexual act as unnatural.
Discrimination: Section-377 discriminates based on sexual orientation which is forbidden under Article-15 of the Constitution. Article-15 prohibits discrimination on several grounds, which includes Sex.
Human rights: The universal law of Human Rights states that social norms, tradition, custom or culture cannot be used to curb a person from asserting his fundamental and constitutional rights.
Many countries recognizing: According to global think tank Council of Foreign Relations, same-sex marriages are legal in at least 30 countries, including the United States, Australia, Canada and France.
Parallels in west
In Obergefell v Hodges (2015), the Supreme Court of the United States held that same-sex couples have a constitutional right to marriage.
Thirty-one out of the 50 states in the United States have marriage laws that define marriage as between a man and a woman.
In May 1996, South Africa became the first country to constitutionally prohibit discrimination based on sexual orientation.
The United Kingdom passed the “Alan Turing law” in 2017 which ‘granted amnesty and pardon to the men who were cautioned or convicted under historical legislation that outlawed homosexual acts’.
Way forward
Dissociating from religion: Such marriages are forbidden in almost every religion. Hence no single religion should be considered a hindrance in creating a legal sanction.
Doing away with discrimination: The same-sex community needs an anti-discrimination law that empowers them to build productive lives and relationships irrespective of gender identity.
Letting the society evolve: Society has to imbibe the doctrine of progressive realization of rights and it cannot be forcibly convinced by law.
Creating awareness: Certainly, this is not an overnight phenomenon. We are a society where the practice of Sati and Nikah halala was considered a religious order.
Widen the scope of article 15 to include gender too: Article 15 secures the citizens from every sort of discrimination by the state, on the grounds of religion, race, caste, sex or place of birth or any of them. The grounds of non-discrimination should be expanded by including gender and sexual orientation.
Sensitise the general public and officials: Justice Rohinton F. Nariman had directed in Navtej Singh Johar & Ors., the Government to sensitize the general public and officials, to reduce and finally eliminate the stigma associated with the LGBTQ+ community through the mass media and the official channels.
Sensitisestudents: School and university students too should be sensitized about the diversity of sexuality to deconstruct the myth of heteronormativity. Heteronormativity is the root cause of hetero-sexism and homophobia.
Conclusion
The debate on the legal recognition of same-sex marriages in India continues to be a contentious issue, with the government and petitioners presenting opposing views.
However, given the complex social, cultural, and legal considerations, any decision regarding same-sex marriage should be carefully evaluated to ensure that it is inclusive and respects individual rights.
Ultimately, it is important to arrive at a balanced and just solution that upholds the principles of equality and non-discrimination for all individuals, regardless of their sexual orientation.
