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Subject: Polity

  • [28th August 2024] The Hindu Op-ed: ​Reasonable restrictions: On Telegram CEO Pavel Durov’s Arrest and Content Hosting 

    [28th August 2024] The Hindu Op-ed: ​Reasonable restrictions: On Telegram CEO Pavel Durov’s Arrest and Content Hosting 

    PYQ Relevance:

    Q What do understand by the concept “freedom of speech and expression”? Does it cover hate speech also? Why do the films in India stand on a slightly different plane from other forms of expression? Discuss. (UPSC IAS/2014)

    Q Data security has assumed significant importance in the digitized world due to rising cyber-crimes. The Justice B. N. Srikrishna Committee Report addresses issues related to data security. What, in your view, are the strengths and weaknesses of the Report relating to protection of personal data in cyber space? (UPSC IAS/2018)

    Q What are the different elements of cyber security? Keeping in view the challenges in cyber security, examine the extent to which India has successfully developed a comprehensive National Cyber Security Strategy. (UPSC IAS/2022)

    Mentor comment: Pavel Durov, the CEO of Telegram, was arrested at a Paris airport on August 24, 2024, amid a French investigation into alleged criminal activities facilitated by the platform, including drug trafficking and child pornography. Although Durov himself is not accused of direct involvement in these crimes, his platform’s moderation practices are under scrutiny for failing to adequately address illegal content, raising questions about the responsibilities of tech companies in regulating user-generated content. Durov promotes Telegram as a space for free speech, especially for dissidents and anti-establishment voices. This open approach has led to problems, as the app has also been used for extremist content and illegal activities. Supporters, including Elon Musk, have expressed concern about the implications for tech leaders facing legal issues for content on their platforms.

    Let’s learn!

    __

    Why in the News?

    After Durov’s arrest, Telegram stated it follows EU regulations and maintains moderation practices that meet industry standards.

    • Many worry that Durov’s arrest could discourage free expression online, with critics seeing it as government overreach. 
    What does the Universal Declaration of Human Rights (UDHR) say?
    • According to Article 19 of UDHR, “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers”.
    • However, this free speech is not absolute and is subject to certain restrictions for public order, morals and public health is something that has been codified in the UDHR. 

    What is the National Cyber Security Policy (2013)?
    • It is a policy framework by the Department of Electronics and Information Technology (DeitY).
    • It aims at protecting the public and private infrastructure from cyber-attacks.
    • The policy also intends to safeguard “information, such as personal information (of web users), financial and banking information and sovereign data”.

    What are the Implications of Pavel Durov’s Arrest for Global Free Speech Debates?

    • Concerns raised: Edward Snowden called Durov’s arrest “an assault on the basic human rights of speech and association”
      • Elon Musk, a vocal proponent of free speech, shared the hashtag #FreePavel and warned that these are “dangerous times” for free expression
    • Backlash from Diverse Groups: The outrage over Durov’s arrest has come from adversaries uniting both Kremlin supporters and opponents in Russia, as well as free speech absolutists worldwide.
      • This unusual coalition highlights the significant role Telegram plays in Russian society as a crucial tool for organizing dissent against the government.
    • Limits Free Speech: According to the Stanford Cyber Policy Center, Durov’s case seems to be a simple matter of breaking the law, as child sexual abuse material, terrorist content, and drug sales are all regulated by criminal law.
    Indian Scenario 

    • Current Status: Telegram is not yet banned in India, but its future depends on the outcome of an ongoing investigation.
    The Indian government is investigating Telegram due to its alleged involvement in criminal activities, including exam paper leaks (UGC-NEET paper, etc), extortion, and stock price manipulation.

    • Compliance with IT Rules: Telegram has been following India’s Information Technology (IT) Rules, which require it to appoint compliance officers and publish monthly reports.
    Telegram’s lack of a significant physical presence in India complicates effective communication and enforcement of regulations.

    Maintaining balance between Free speech and the responsibility of Tech platforms:

    • Free Speech vs. Responsibility: While Durov defends absolute free speech, the prevalence of illegal activities on Telegram, such as drug trafficking and child exploitation, highlights the need to ensure user safety without infringing on fundamental rights.
    • Need for Responsible Moderation: For Telegram to maintain its position as a free speech advocate, it must prevent the spread of harmful content while respecting users’ Rights to Privacy.
    • Legal Accountability: If Durov is found guilty, it could set a precedent for holding tech executives accountable for the content shared on their platforms. This could lead to stricter regulations and increased accountability while scrutinizing messaging apps globally.
    • Future of Messaging Apps: The outcome of this case may influence how other messaging platforms operate, potentially prompting them to adopt stricter content moderation policies to avoid similar legal challenges.

    Conclusion: The ongoing Telegram issue encapsulates the ongoing struggle to navigate the fine line between protecting free speech and ensuring public safety. As the legal proceedings unfold, the implications for both Telegram and the broader tech landscape will be closely watched.

    https://www.thehindu.com/opinion/editorial/%E2%80%8Breasonable-restrictions-on-durovs-arrest-and-content-hosting/article68573507.ece

  • Report reveals minimal use of Plea Bargaining in Courts

    Why in the News?

    According to a report by the Ministry of Law and Justice, only 0.11% of cases were settled through “plea bargaining” in 2022.

    Key Findings of the Report:

    • In 2022, only 19,135 out of 1,70,52,367 cases (about 0.11%) in Indian courts were disposed of through plea bargaining, indicating its minimal use.
    • Despite legal restrictions, 119 cases of crimes against women and only 4 cases under the Protection of Children from Sexual Offences Act (POCSO) were resolved through plea bargaining in 2022, showing a deviation from the intended exclusions.

    What is Plea Bargaining?

    Details
    Definition
    • Plea bargaining allows an accused person to negotiate with the prosecution for a lesser punishment by pleading guilty to a less serious offence. 
    • This involves pre-trial negotiations on the charge or the sentence.
    Provision in India • Introduced in 2006 as part of the Criminal Law (Amendment) Act, 2005 under Chapter XXI-A (Sections 265A to 265L).
    • Limited to offences that do not attract the death sentence, life sentence, or a term above seven years.• Not applicable to offences affecting socio-economic conditions or committed against women or children under 14. (applies only to offences punishable by up to seven years of imprisonment)
    Procedure in India • Only the accused can initiate plea bargaining.
    • The accused must apply to the court to start the process. If permitted, a meeting involving the prosecutor, investigating officer, and victim (if any) is held for a satisfactory case disposition.
    • Includes possible reduced sentences and compensation payments to the victim by the accused.
    Benefits Offered • Speeds up trials, reduces litigation costs and ends uncertainty over case outcomes.
    • Helps reduce prison overcrowding and the number of prolonged imprisonments of undertrials.
    • Offers a chance for offenders to make a fresh start.
    • Could improve conviction rates, as seen in the USA.
    • Recommended by the Malimath Committee (2000) for its potential to dramatically impact conviction rates and ensure a speedy trial.

     

    PYQ:

    [2021] With reference to India, consider the following statements:​

    1. Judicial custody means an accused is in the custody of the concerned magistrate and such accused is locked up in police station, not in jail.​

    2. During judicial custody, the police officer in charge of the case is not allowed to interrogate the suspect without the approval of the court.​

    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​

  •  Many questions about ‘one nation, one election’   

    Why in the News?

    In an Independence Day speech, the Prime Minister renewed his push for simultaneous elections, targeting implementation by the 2029 polls.

    Pros and Cons of Simultaneous Elections in India:

    Pros

    Cons
    1. Cost Reduction: It can decrease the deployment of resources such as EVMs, security personnel, and election management teams to only one time in 5 years.
    2. Continuity in Governance: Simultaneous elections can prevent the frequent imposition of the Model Code of Conduct, which disrupts government development activities and decision-making processes.
    3. Reduced Election Fatigue: Voters, political parties, and the administration could benefit from reduced election fatigue, allowing them to focus more on governance and development.
    4. Uniformity in Policy Implementation: Central and state governments can work in sync on policy implementation without the hindrance of upcoming elections in various states.
    1. Constitutional Challenges: The implementation of simultaneous elections would require significant amendments to the Constitution, particularly Articles 83, 85, 172, and 174, which deal with the duration of legislative bodies.
    2. Federalism Concerns: Opponents argue that simultaneous elections could undermine the federal structure of India, marginalizing regional parties and giving dominance to national parties.
    3. Voter Disengagement: The synchronization of elections might lead to voter disengagement due to the overwhelming nature of combined elections, where national issues may overshadow regional ones.

    Key Recommendations of High-Level Committee

    The High-Level Committee on Simultaneous Elections, chaired by former President Ram Nath Kovind, has made several significant recommendations aimed at synchronizing elections for the Lok Sabha, state assemblies, and local bodies in India.

    1. Amendment to Article 82A: Allow the President to set an ‘Appointed Date’ for starting simultaneous elections to Lok Sabha and Legislative Assemblies
    2. Term Synchronization: States with elections between June 2024 and May 2029 would have their terms end with the 18th Lok Sabha, enabling the first simultaneous elections in 2029
    3. Premature Dissolution Measures: Fresh elections only for the remaining term until the next simultaneous elections in case of early dissolution of Parliament or state Assembly
    4. Synchronization of Local Body Elections: Parliament to pass legislation to align municipalities and panchayats elections with General Elections within 100 days
    5. Single Electoral Roll: The committee advocates for a single electoral roll applicable to all tiers of government, which would require an amendment to Article 325. This aims to reduce redundancy and duplication in voter registration.
    6. Logistical Arrangements: ECI to provide detailed logistical and expenditure plans for simultaneous elections in coordination with SECs.

    Way forward: 

    • Constitutional and Legal Reforms: Begin with phased constitutional amendments and legal reforms to address the challenges of synchronization while ensuring that the federal structure and democratic principles are preserved.
    • Pilot Implementation: Consider piloting simultaneous elections in a few states with synchronized local body elections to assess feasibility, logistical challenges, and public response before scaling up to the national level by 2029.

    Mains question for practice:

    Q Discuss the feasibility and implications of implementing simultaneous elections in India by 2029, as recently proposed by the Prime Minister. 15M 

    Mains PYQs

    ‘Simultaneous election to the Lok Sabha and the State Assemblies will limit the amount of time and money spent in electioneering but it will reduce the government’s accountability to the people’ Discuss. (UPSC CSE 2017)

  • What is a Polygraph Test?

    Why in the News?

    The Central Bureau of Investigation (CBI) concluded polygraph tests on the accused in the Kolkata Rape and Murder Case.

    About Polygraph Tests in India

    Details
    Definition A procedure measures physiological responses like blood pressure, pulse, respiration, and skin conductivity while a subject answers questions to detect deception.
    Physiological Indicators • Heart Rate and Blood Pressure: Monitored for changes.
    • Respiratory Rate: Tracks breathing patterns.
    • Galvanic Skin Response (GSR): Measures skin’s electrical conductance, which varies with moisture levels.
    Procedure • Sensor Connection: Attached to the chest, fingertips, and arm.
    • Baseline Questions: Establish physiological response baselines.
    • Control and Relevant Questions: Analyzed to identify deceptive responses by comparing physiological changes.
    Constitutional Provisions • Article 20(3): Protects against self-incrimination; necessitates consent for polygraph tests.
    • Article 21: Concerns about potential violations of the right to life and privacy due to mental torture aspects of polygraph tests.
    Legal and Judicial Rulings • Selvi vs. State of Karnataka (2010): Tests must be voluntary with informed consent.
    • D.K. Basu vs. State of West Bengal (1997): Involuntary tests could violate the Right to Life and Privacy.
    Admissibility in Court According to the Indian Evidence Act, 1871, results from polygraph tests are not admissible as evidence in court.
    Guidelines National Human Rights Commission Guidelines (1999): Establish consent and procedural requirements for administering polygraph tests to align with human rights standards.

     

    PYQ:

    [2018] Right to Privacy is protected as an intrinsic part of Right to Life and Personal Liberty. Which of the following in the Constitution of India correctly and appropriately imply the above statement?

    (a) Article 14 and the provisions under the 42nd Amendment to the Constitution.

    (b) Article 17 and the Directive Principles of State Policy in Part IV.

    (c) Article 21 and the freedoms guaranteed in Part III.

    (d) Article 24 and the provisions under the 44th Amendment to the Constitution.

  • [pib] National Human Rights Commission (NHRC)

    Why in the News?

    The NHRC India has taken suo motu cognizance of the two alleged incidents of food poisoning related deaths in an orphanage in Andhra Pradesh.

    About National Human Rights Commission (NHRC)

    Details
    Establishment As a Statutory Body and established under the Protection of Human Rights Act, 1993.
    Functions
    • Inquire into any violation of human rights
    • Recommend immediate interim relief to victims or their families
    • Intervene in court proceedings involving human rights violations
    • Review constitutional and legal safeguards for human rights
    • Study international instruments on human rights
    • Support the efforts of NGOs working in the field of human rights
    Powers
    • Regulate its own procedure
    • Possess all the powers of a civil court
    • Proceedings have a judicial character
    • May take any of the following steps upon the completion of an inquiry:
      • To recommend to the concerned government or authority to make payment of compensation or damages to the victim.
      • To recommend to the concerned government/authority the initiation of proceedings for prosecution or any other action against the guilty public servant.
      • To recommend to the concerned government/authority for the grant of immediate interim relief to the victim.
      • To approach the SC or the HC concerned for the necessary directions, orders, or writs.
    Chairperson
    • Must be a former Justice of the Supreme Court or CJI(appointed by the President of India)
    Members Four full-time members;

    • Chairperson: former Supreme Court Justice or Chief Justice;
    • Other Member: former Judge of the Supreme Court;
    • Other Member: former Chief Justice of a High Court;
    • Three Members: with knowledge or experience in human rights, including at least one woman –
      • Seven ex-officio members:  Chairpersons of National Commissions viz., National Commission for Scheduled Castes, National Commission for Scheduled Tribes, National Commission for Women , National Commission for Minorities, National Commission for Backward Classes, National Commission for Protection of Child Rights; and the Chief Commissioner for Persons with Disabilities.
    Appointment
    • Appointed by the President based on a committee recommendation including the Prime Minister, Speaker of Lok Sabha, Home Minister, Leaders of the Opposition in Lok Sabha and Rajya Sabha, and others
    • Consultation with the Chief Justice of India for judicial appointments
    Removal
    • By order of the President of India
    • Consultation with the Supreme Court before removal
    Terms of Office
    • Hold office for a term of three years or until the age of 70
    • Ineligibility for further government employment after office
    • Eligible for reappointment
    Salaries
    • Determined by the Central government
    Reporting
    • Submits annual or special reports to the Central government and the concerned State government
    • Reports laid before the respective legislatures, along with a memorandum of action taken on the recommendations and reasons for non-acceptance of any recommendations
    Limitations
    • The commission is not empowered to inquire into any matter after the expiry of one year from the date on which the act constituting the violation of human rights is alleged to have been committed
    • Functions are recommendatory in nature, with no power to punish or award relief to violators
    • Limited role concerning armed forces violations

     

    PYQ:

    [2011] Consider the following:

    1. Right to education.
    2. Right to equal access to public service.
    3. Right to food.

    Which of the above is/are Human Right/Rights under “Universal Declaration of Human Rights”?

    (a) 1 only

    (b) 1 and 2 only

    (c) 3 only

    (d) 1, 2 and 3

  • Building on favourable change in the 2024 Waqf Bill  

    Why in the News?

    The Waqf Bill 2024, also known as the Waqf (Amendment) Bill, has been referred to a Joint Parliamentary Committee (JPC) after allies of the Narendra Modi government expressed reluctance to pass it immediately, and opposition parties voiced criticism of the Bill.

    Concerns Acknowledged by the JPC

    1. Inclusion of Non-Muslims: The proposal to include non-Muslim members in state waqf boards has faced significant opposition. Critics argue that this undermines the religious autonomy of Muslim institutions, as similar provisions do not exist for Hindu temples or other religious bodies.
    2. Increased Authority of District Collectors: The Bill grants more powers to district collectors, allowing them to arbitrate disputes over waqf properties. This has raised concerns about potential government overreach and the effectiveness of local waqf boards in managing properties.
    3. Impact on Inheritance Rights: The proposed changes could affect the inheritance rights of heirs, particularly women, by allowing the creation of family waqfs that may not fully comply with Islamic inheritance laws. This raises questions about fairness and equity in the distribution of waqf assets.

    The rationale of the family waqt:

    • Family waqf is rooted in the Islamic principle that charity begins at home
    • The Quran encourages spending money on parents and relatives (2:215), and the Prophet Muhammad emphasised the importance of spending on one’s family as a highly rewarded act of charity.

     

    1. Potential for Misuse: There are fears that the amendments could lead to the misuse of waqf properties, exacerbating existing issues of encroachment and mismanagement, rather than effectively addressing them.

    Newly Proposed Section 3A(2)

    • Key Features: This section stipulates that a Muslim can create a family waqf only concerning one-third of their property if excluding heirs, and it prohibits the complete exclusion of female heirs. However, it allows for the possibility of token benefits being granted to female heirs, which could still result in unequal distributions.
    • Concerns: Critics argue that this provision may not sufficiently protect women’s rights under Islamic inheritance laws, as it could permit arrangements that do not provide equitable benefits to female heirs compared to their male counterparts.

    Implementation of Waqf Boards Worldwide

    • India: India has 30 waqf boards, each responsible for managing waqf properties within their respective states. These boards oversee approximately 900,000 properties, with a focus on ensuring that waqf assets are used for charitable purposes.
    • Middle Eastern Countries: In many Middle Eastern nations, waqf properties are often managed by government-appointed bodies, and the legal framework tends to be more integrated with Islamic law. For instance, in countries like Egypt and Turkey, waqf management is closely tied to state regulations, which can vary significantly from those in India.
    • Colonial impact: The evolution of waqf laws has been influenced by colonial histories, with some countries, such as Egypt and Tunisia, abolishing family waqfs altogether, while others, like Malaysia and Indonesia, have maintained them with varying degrees of regulation.

    Way forward:

    • Strengthen Waqf Governance: Ensure robust oversight and accountability of waqf boards by balancing state involvement with respect for religious autonomy. This includes safeguarding the inheritance rights of heirs, particularly women, and preventing government overreach while maintaining effective management of waqf properties.
    • Promote Inclusivity and Equity: Amend the Waqf Bill to address concerns about the inclusion of non-Muslims in waqf boards and ensure equitable distribution of waqf assets in line with Islamic inheritance laws.

  • Centre directs UPSC to withdraw ad for lateral entry into bureaucracy: Why has the policy been criticized?

    Why in the News?

    The Central government asked the Union Public Service Commission (UPSC) on Tuesday, August 20, to cancel an advertisement from three days earlier that called for applications to fill senior government positions through lateral recruitment.

    What is ‘Lateral Entry’ into the Bureaucracy?

    • Definition: Lateral entry refers to the recruitment of personnel from outside the traditional civil services into senior and middle-level positions in the central government. These entrants come from various backgrounds, including state/UT governments, public sector undertakings (PSUs), statutory organizations, research institutes, universities, and the private sector.
    • Objective: The idea is to bring in individuals with domain expertise and specialized knowledge to enhance the efficiency and effectiveness of governance. These individuals are usually appointed on contracts of three years, which can be extended to a total of five years.

    What are the Positions Open for Lateral Entry?

    • Positions Advertised: Lateral entry initially focused on Joint Secretary-level positions, which are high-ranking roles within a Department. Over time, positions for Director and Deputy Secretary levels were also opened.
    • Roles and Responsibilities:
      • Joint Secretary: Third-highest rank in a Department, responsible for decision-making and administrative head of a wing within the Department.
      • Director/Deputy Secretary: Middle-level officials, performing roles similar to Joint Secretaries in most ministries.

    What was the Union Government’s Logic Behind Introducing Lateral Entries?

    • Rationale: The government introduced lateral recruitment to bring in fresh talent and specialized skills that may not be available within the traditional civil services.
    • NITI Aayog’s Recommendation: The policy was recommended in 2017 by NITI Aayog in its three-year Action Agenda and by the Sectoral Group of Secretaries (SGoS) on Governance.

    How Many People Have Been Appointed via Lateral Recruitment So Far?

    • First Round (2018): The first round attracted 6,077 applications for Joint Secretary-level positions. Nine individuals were eventually selected and appointed in 2019.
    • Subsequent Rounds: Additional rounds of recruitment occurred in 2021 and May 2023. As of August 2024, a total of 63 appointments have been made through lateral entry, with 57 lateral entrants currently holding positions in various Ministries/Departments.

    What is the Criticism of Lateral Entry Recruitment?

    • Lack of Reservations: A significant criticism of lateral recruitment is the absence of quotas for Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC).
    • Promotion Concerns: Critics like Mayawati have pointed out that lateral entry deprives lower-level employees in the civil services of promotion opportunities, which would otherwise be available through a merit-based system.

    Way forward: 

    • Incorporate Inclusive Quota Provisions: To address the criticism regarding the absence of reservations, the government could consider introducing a reservation policy for Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC) in lateral entry recruitment.
    • Establish a Transparent and Merit-Based Selection Process: To ensure the credibility and effectiveness of lateral recruitment, the government should enhance transparency in the selection process. This could involve clearly defined eligibility criteria, objective assessment methods, and regular monitoring of the performance of lateral entrants.

    Mains PYQ:

    Q Has the Cadre-based Civil Services Organization been the cause of slow in India? Critically examine. (UPSC IAS/2014)

  • Lok Sabha Speaker constitutes 6 new Parliamentary Committees 

    Why in the News?

    Lok Sabha Speaker has constituted six new Parliamentary Committees, for a tenure of 1year:

    Origin Composition Functions
    Public Accounts Committee (PAC) Established in 1921 under the Government of India Act, 1919
    • 22 members: 15 Lok Sabha + 7 Rajya Sabha;
    • Chairman from the Opposition,
    • Appointed by the LS Speaker.
    		 Examines public expenditure, scrutinizes CAG reports, and ensures efficient use of public funds.
    Committee on Estimates Traces back to 1921; reconstituted in 1950 (recommended by John Mathai)
    • 30 members,
    • All from Lok Sabha;
    • Elected annually through proportional representation.
    • Minister CANNOT be a member.
    		 Examines budget estimates, suggests economic efficiencies, and recommends alternative policies.
    Committee on Public Undertakings Established in 1964 based on the Krishna Menon Committee
    • 22 members: 15 Lok Sabha + 7 Rajya Sabha;
    • Chairman appointed by the Speaker,
    • Chosen from Lok Sabha members
    		 Examines accounts and reports of PSUs, and provides recommendations without interfering in operations.
    Committee on Welfare of OBCs The committee was constituted in June 2012 It comprises 30 members, with 20 from the Lok Sabha and 10 from the Rajya Sabha Focuses on the implementation of policies for OBC welfare, evaluates reservations, and suggests improvements.
    Committee on Welfare of SC/ST N/A The committee consists of 30 members, with 20 elected from the Lok Sabha and 10 from the Rajya Sabha. Ensures implementation of safeguards for SCs and STs, reviews welfare programs, and suggests enhancements.
    Joint Committee on Office of Profit Joint Committee on Office of Profit was established by the Lok Sabha on July 23, 2019 15 members; 10 Lok + 5 from Rajya Sabha. Examines cases of MPs/MLAs holding offices of profit, determine qualification, and maintains legislative integrity.

     

    PYQ:

    [2018] With reference to the Parliament of India, which of the following Parliamentary Committees scrutinizes and reports to the house whether the powers to make regulations, rules, sub-rules, by-laws, etc., conferred by the Constitution or delegated by the Parliament are being properly exercised by the Executive within the scope of such delegation?

    (a) Committee on Government Assurances

    (b) Committee on Subordinate Legislation

    (c) Rules Committee

    (d) Business Advisory Committee

  • Egg, sperm donors have no parental right on child: Bombay HC held

    Why in the News?

    On Tuesday, the Bombay High Court affirmed that sperm or egg donors cannot claim biological parenthood or legal rights over a child born using their gametes.

    About the Present Case and Rival Contentions

    • Background of the Case: The Bombay High Court ruled on a custody dispute involving twin girls born through altruistic surrogacy. The mother, a 42-year-old woman, sought visitation rights after her estranged husband took the children to live with him and her younger sister, who was the egg donor.
    Note: Altruistic surrogacy is a type of surrogacy arrangement where the surrogate mother carries a pregnancy for intended parents without receiving any monetary compensation for her services, aside from reimbursement for medical and pregnancy-related expenses.

     

    • Family Dynamics: The egg donor is the younger sister of the mother and had donated her eggs to help her sister and brother-in-law conceive. After the egg donation, the sister faced a tragic accident that resulted in the loss of her husband and daughter, complicating the family dynamics further.
    • Rival Claims: The mother argued that her daughters are legitimate children born within wedlock (being married), asserting her rights as the biological mother. In contrast, the estranged husband claimed that the egg donor had legitimate rights over the children, arguing that she should be recognized as a biological parent.
    Legal Framework: The case was governed by the 2005 National Guidelines on Assisted Reproductive Technologies (ART) since the surrogacy agreement was signed before the enactment of the Surrogacy (Regulation) Act, 2021. The guidelines say that both the donor and surrogate give up all rights as parents.

    Other key provisions of the Surrogacy (Regulation) Act, 2021: 

    • The Surrogacy (Regulation) Act, 2021 permits only altruistic surrogacy in India, where the surrogate mother cannot receive any monetary compensation beyond reimbursement for medical expenses and insurance coverage.
    • Commercial surrogacy, which involves payment beyond medical costs, is strictly prohibited.
    • Eligibility Criteria: Intended parents must be a legally married couple, with the female partner aged between 23 and 50 years and the male partner between 26 and 55 years. They must not have any biological children from previous marriages or through surrogacy. The surrogate must be married and have at least one child of her own.

    What the Bombay High Court Ruled

    • No Parental Rights for Egg Donors: The Bombay High Court ruled that an egg donor does not have legal rights as a biological parent. The court emphasised that while the egg donor may be considered a genetic mother, she cannot claim parental rights over the children born through surrogacy.
    • Recognition of Legal Parents: The court affirmed that the twin girls are the daughters of the petitioner (the mother) and her estranged husband, as they were born from their wedlock with their consent. The ruling highlighted that the couple signed the surrogacy agreement, establishing them as the intending parents.
    • Legal Precedent: The ruling clarified the legal standing of sperm and egg donors in surrogacy arrangements, reinforcing that they do not retain any parental rights or duties in relation to the child, as per the existing guidelines.

    Conclusion: The Bombay High Court confirmed that egg donors have no parental rights. The ruling reaffirmed that legal parentage lies with the intending parents as per surrogacy guidelines and existing laws.

  • An overview of governance in Delhi

    Why in the News?

    The Supreme Court ruled that Delhi’s LG can independently nominate 10 aldermen to the MCD which escalates tensions between the Union, Delhi, and local governments.

    How did the Delhi government evolve?

    • At the commencement of the Constitution in 1950, Delhi was classified as a Part C State.
    • Following the state reorganisation in 1956, it became a Union Territory governed by an administrator.
    • The Municipal Corporation of Delhi (MCD) was established in 1958, and a limited local government was introduced in 1966.
    • Based on the Balakrishnan Committee’s recommendations in 1989, the 69th Constitutional Amendment in 1991 created a Legislative Assembly and council of ministers for the NCT of Delhi. 
    • However, the Union government retained control over public order, police, and land, excluding these subjects from the Delhi government’s jurisdiction.

    Why is there constant tension and friction between the Union government and the Delhi government?  

    • Legal Disputes: Legal battles have escalated tensions, particularly following Supreme Court judgments that have altered the balance of power between the elected Delhi government and the Lieutenant Governor (LG). For instance, recent rulings have clarified the LG’s powers, allowing for unilateral actions that bypass the council of ministers.
    • Control Over Key Areas: The Union government retains control over critical areas such as police, public order, and land, which limits the Delhi government’s autonomy.
    • Administrative Confusion: The presence of multiple layers of governance, including the MCD and other local bodies, complicates accountability and governance, leading to blame-shifting during crises, such as the recent incidents of electrocution and flooding.
    •  Budgetary Conflict: The Delhi State Government has accused the Central Government of underfunding the MCD, leading to poor civic services, while the Central Government has argued that the State Government is not providing adequate support.
    • Division and Unification of MCD: In 2012, the MCD was trifurcated into three separate entities by the Congress-led state government, a move seen as an attempt to decentralize power. However, in 2022, the BJP-led Central Government passed a law to reunify the MCD, citing administrative efficiency, but the move was perceived by the Delhi State Government as an effort to centralize control.

    What did the 1989 Balakrishnan committee recommend?  

    1. On Union Territory Status: The Balakrishnan Committee recommended that Delhi must remain a Union Territory rather than achieving full statehood.
    2. On Governance Structure: The committee proposed a governance model that included an Administrator exercising powers based on the advice of the Council of Ministers, ensuring a balance of power while maintaining central oversight.
    3. On Representation and Accountability: The committee emphasized the need for a more effective representative democratic system to safeguard the rights of Delhi’s growing population.

    How has the Municipal Corporation of Delhi been involved in the power tussle? 

    • Multiple Authorities: The MCD operates under the Union government’s control, adding complexity to the governance structure in Delhi. For example in public services and urban management.
    • Electoral Conflicts: The MCD’s elected representatives have often been caught in the crossfire of political disputes between the Union and Delhi governments, leading to inefficiencies and a lack of coherent governance. The recent tragedies in the city have highlighted the consequences of this blame-shifting.

    Way Forward:

    • Revisiting Governance Structure: A constitutional amendment could be considered to delineate the powers of the central government and the Delhi government more clearly. For instance, the area of New Delhi (50-100 square kilometres) could be under central control, while the rest could be governed by the Delhi Assembly.
    • Implementation of triple chain accountability: Implementing the spirit of the Supreme Court’s 2023 judgment, which emphasized a triple chain of accountability, could help restore balance and ensure that all layers of government are accountable to the people.
    • Promoting Consensus-Based Governance: Encouraging dialogue and consensus between the different layers of government could help mitigate conflicts and foster a more cooperative governance environment.

    Mains PYQ: 

    Q Whether the Supreme Court Judgement (July 2018) can settle the political tussle between the Lt. Governor and elected government of Delhi? Examine.(2018)