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Subject: Polity

  • [10 May 2024] The Hindu Op-ed: The message from U.S. campuses, protesting students

    Mains PYQ Relevance: 

    Q)“The diverse nature of India as a multi-religious and multi-ethnic society is not immune to the impact of radicalism which is seen in her neighbourhood? Discuss along with strategies to be adopted to counter this environment. (UPSC IAS/2014)

    Q) Critically examine the aims and objectives of SCO. What importance does it hold for India?. (UPSC IAS/2021)

    Note4Students: 

    Subject: GS II (IR)

    Prelims: International issues in the news;

    Mains: Islamophobia and Anti-Palestinian Racism;

    Mentor comments: In 1985, when American campuses were roiling with protests against apartheid South Africa, the legendary African-American feminist poet and philosopher, Audre Lorde, reflected that America was “the most powerful country in the world” but also “a country which stands upon the wrong side of every liberation struggle on earth”. Lorde noted that this filled her with both a sense of dread and a sense of urgency. Dread and urgency, once again, have driven students across campuses in the United States to protest against the catastrophe in Gaza. During the anti-apartheid protests calling for divestment at campuses in the late 1980s — when we were students — university administrators were embarrassed about aligning with the White apartheid state of South Africa. 

    Let’s learn

    —

    Why in the news? 

    Today, with Islamophobia and anti-Palestinian racism so normalized in the U.S., university administrators are proudly aligning with this genocidal war. 

    What is Islamophobia and Anti-Palestinian racism?

    • Islamophobia is a form of racism that targets expressions of Muslimness or perceived Muslimness, rooted in racism and involving stereotypes, demonization, and dehumanization of Muslims
    • Anti-Palestinian racism, on the other hand, refers to prejudice, collective hatred, and discrimination directed at the Palestinian people, including silencing, exclusion, erasure, stereotypes, defamation, and dehumanization of Palestinians or their narratives

    Student’s protest in the USA:

    • Unified Demands: Student protesters have a unified set of demands, including disclosure and divestment from corporations complicit in the Israeli occupation of Palestine, removal of police from campuses, and protection of pro-Palestinian speech and activism.
      • The call for divestment can be traced back to the Boycott, Divestment, and Sanctions (BDS) movement inspired by the anti-apartheid student movement. The demand for “cops off campus” reflects abolitionist critiques of police as a racist institution, amplified after the George Floyd protests.
    • Education and Activism: Students are educating each other on the history of the Levant, colonialism, racial violence, and the complexities of historic Palestine. They organize teach-ins, study apartheid, analyze the political economy of occupation, and explore Palestinian resistance.
    • University Clampdowns: Many university administrators have instituted disciplinary procedures against pro-Palestine solidarity and activism, banned student organizations, and intensified surveillance and crackdowns on protests.
      • Despite repression, student protests have proliferated, and peaceful encampments have spread to campuses across the country, challenging the complicity of universities in colonialism and imperialism.
    • Intersectional Solidarity: The movement is shaped by other social justice movements like Black Lives Matter and Standing Rock, highlighting connections between racialized police brutality, settler colonialism, and imperialism.
    • Resistance against Repression: Students risk suspensions and arrests to expose and disrupt the ideological and economic ties that bind universities to forces of genocide, inspired by struggles in historic Palestine.

    Significance and Impact of the Student’s Protest::

    • Raising Awareness: By organizing teach-ins and spreading information about the history of the Levant, colonialism, and racial violence, these protests can educate people and raise awareness about the plight of Palestinians and the broader issues of imperialism and colonialism.
    • Challenging normalization of Islamophobia and anti-Palestinian: By challenging the normalization of Islamophobia and anti-Palestinian racism, these protests can disrupt the status quo and push for a reevaluation of societal attitudes towards these issues.
    • Inspiring Solidarity: The intersectional nature of these protests, where movements like Black Lives Matter and Standing Rock are involved, can foster solidarity among different marginalized communities and strengthen the broader social justice movement.
    • International Impact: These protests, especially if they gain widespread attention and support, could influence international perceptions and policies towards the Israeli-Palestinian conflict, potentially leading to increased pressure on governments to take action towards a just resolution.

    Conclusion: University administrators should engage in open dialogue with protesting students to address their concerns and explore potential solutions. This could involve creating forums for discussion, establishing student-administrator committees, and actively listening to student perspectives.

  • [9 May 2024] The Hindu Op-ed: A chance to settle a Constitutional clash

    Mains PYQ Relevance: 
    Q) Discuss the possible factors that inhibit India from enacting for its citizen a uniform civil code as provided for in the Directive Principles of State Policy. (UPSC IAS/2015)
    Q) Examine the scope of Fundamental Rights in the light of the latest judgement of the Supreme Court on Right to Privacy. (UPSC IAS/2017)

    Note4Students: 

    Prelims:  Fundamental Right and DPSP;

    Mains: Relation between FR and DPSP;

    Mentor comments: The Constitution expressly makes Fundamental Rights enforceable, while DPSPs are regarded as goals that the state is expected to work towards. The tension between these parts has simmered through India’s history, reaching a boiling point in the 1970s when the Constitution was routinely amended, primarily to make certain kinds of legislation exempt from Judicial Review.

    Let’s learn

    —

    Why in the News?

    The recent case of Property Owners Association vs State of Maharashtra scrutinises two key questions: the meaning of “material resources of the community” in Article 39(b) and whether laws support the “common good”.

    Present Dilemma before the Judiciary:

    • Supreme Court is presently considering a challenge to Chapter VIII-A of the Maharashtra Housing and Area Development Act, 1976. This chapter was added in 1986, which allowed the government to acquire “cessed” properties in Mumbai under Article 39(b). 
    • In 1991, the Bombay High Court upheld the amendment, citing Article 31C’s protection for laws related to Article 39(b). 
    • The appeal reached the Supreme Court in 1992, focusing on whether “material resources of the community” in Article 39(b) encompass private resources like cessed properties.
    The conflict between Fundamental Rights (Part III) and Directive Principles of State Policy (DPSP) (Part IV):

    Ongoing Conflict: Despite attempts by the Supreme Court to clarify, the conflict between fundamental rights and DPSP has persisted since the landmark Kesavananda Bharati case in 1973.
    Uneasy Relationship between FR and DPSP: The relationship between fundamental rights and DPSP is described as uneasy, indicating tension between their implementation and interpretation.
    Importance of Property Owners Case: The resolution of this conflict in the Property Owners case is expected to have a significant impact on the future trajectory of constitutional interpretation and governance.
    Clarity in Constitution: Initially, the Constitution seemed clear on the matter, with Article 13 declaring laws violating fundamental rights as void and Article 37 stating that DPSPs are not enforceable by courts but should guide state action.
    Treatment of DPSPs: Despite not being legally enforceable, DPSPs are considered fundamental principles for governance, and the state is obligated to apply them in legislation, as stated in the Constitution.
    Hierarchy of Rights: Early court judgments, such as Chief Justice S.R. Das’s remarks in Mohd. Hanif Quareshi vs State of Bihar (1958), emphasised the importance of implementing DPSPs without infringing upon fundamental rights, highlighting the delicate balance required between the two parts of the Constitution.

    Evolution of  Article 31C:

    • 25th Amendment(1971): The 25th Amendment to the Constitution introduced Article 31C, aimed at placing certain laws beyond Judicial Review, particularly those related to Article 39(b) and (c).
      • This amendment curtailed the Fundamental Right to Property. It provided that any law made to give effect to the Directive principle contained in Article 39(b)or 39(c)  cannot challenged on the grounds of violation of Rights guaranteed under Articles 14,19 and 31, ensuring exemption from judicial scrutiny.
      • This provision had significant implications. For instance, Parliament could nationalise the media under the pretext of securing the common good, without facing challenges related to freedom of expression.
    • Kesavananda Bharati Case (1973): A narrow majority (6:7) found that amendments conflicting with the Constitution’s Basic Structure would be void, partially questioning the validity of the 25th Amendment.
    • Judicial Review Principle: Justice H.R. Khanna’s opinion highlighted that the 25th Amendment limiting examination of laws regarding Article 39(b) and (c) infringed upon the principle of judicial review, although it upheld the exemption from challenges based on Articles 14 and 19.
    • Ambiguity in Kesavananda Verdict: Despite some aspects being found void, the Kesavananda case didn’t provide a clear stance on whether the amendment, regarding exemption from fundamental rights challenges, violated the Constitution’s basic features.

    Changes to Article 31C and subsequent legal Interpretations:

    • 42nd Amendment (1976): The 42nd Amendment expanded the scope of Article 31C to encompass laws made in furtherance of any Directive Principle of State Policy (DPSP), not just Articles 39(b) and (c), granting broader immunity to such laws from judicial review.
    • Minerva Mills Case (1980): In Minerva Mills vs Union of India, the Supreme Court declared the 42nd Amendment unconstitutional.
      • The ruling raised questions about the status of Article 31C. Does it revert to its original form from the 25th Amendment, minus the parts invalidated by Kesavananda Bharati? Or does its validity remain uncertain?
      • Presently, Chief Justice Y.V. Chandrachud emphasized that Fundamental Rights, such as Articles 14, 19, and 21, serve as essential safeguards against unrestricted state power.
    • Waman Rao Case (1981): In Waman Rao vs Union of India, Justice Y.V. Chandrachud, while acknowledging his own opinion in Minerva Mills, upheld the validity of the unamended Article 31C. This judgment contradicts the stance taken in Minerva Mills.

    Validity of Article 31C: 

    • The conflicting interpretations of Article 31C’s validity add complexity to its legal status. While some argue for its reinstatement in its original form, others question its compatibility with fundamental rights.
    • In Property Owners, the Court will assess the validity of a law allowing a State government board to control dilapidated buildings. Even if it aligns with Article 39(b), the question remains whether the law can be challenged under Articles 14 and 19.

    Conclusion: Despite rulings like Waman Rao and Sanjeev Coke vs Bharat Coking Coal, the Supreme Court still needs to conclusively analyze Article 31C’s compatibility with the Constitution’s basic structure. Property Owner’s case offers a chance for resolution.

  • India press freedom score falls, says Reporters sans Frontieres

    Why in the news?

    India’s score in the World Press Freedom Index fell over the last year, from 36.62 to 31.28, according to Reporters Without Borders. In South Asia, India finds itself ranked at 159th, while its neighbor Pakistan stands marginally higher at 152.

    Key Highlights of the Report:

    • Deterioration Since 2014: Press freedom in India has significantly deteriorated since 2014.
    • Government vs Media Nexus: The government is criticized for maintaining a close relationship with big media families, leading to a lack of independence and critical journalism being labeled as “anti-national and anti-India“.
    • Self-Censorship: Fear of political backlash has forced journalists to censor themselves, as Modi’s supporters aggressively target critical reporting of the government.
    • Corporatization of Media: There’s an increasing trend of wealthy businessmen close to Modi owning a majority of mainstream media outlets, which undermines media independence and diversity.
    • BBC Raids: Recent raids on the BBC offices in India have drawn international criticism and contributed to India’s declining press freedom ranking.
    • Comparative Analysis: While India’s press freedom declines, neighboring countries like Pakistan and Sri Lanka have improved, although they still lag behind global leaders in press freedom rankings.

    India’s Initiative of “Index Monitoring Cell”:

    • Purpose of the Cell: The Index Monitoring Cell has been set up to work on improving India’s press freedom ranking. It will consist of representatives from various government agencies and credible journalists suggested by the Press Council of India.
    • Ranking Parameters: The cell will engage with agencies publishing the World Press Freedom Index, like Reporters Without Borders, for a better understanding of the parameters and methodology used for the rankings. This will help formulate an action plan to address the issues identified.
    • Coordination with State Governments: The cell will coordinate with state governments to appoint nodal officers who can provide regular updates on the state of press freedom and any issues faced by journalists at the local level.
    • Engagement with Stakeholders: This aims to improve communication and visibility of steps taken to support press freedom and address concerns raised by global media watchdogs.
    • Reporting Mechanisms: Setting up proper reporting mechanisms is crucial to ensure that the data and information provided to ranking agencies are up-to-date and accurate. This will help in portraying a clearer picture of the press freedom landscape in India.

    Conclusion: India needs to enact and strengthen laws to protect the freedom of the Press and ensure journalists’ safety. This includes legislation to prevent harassment, attacks, and threats against journalists, as well as provisions for swift and effective legal recourse in cases of censorship or intimidation.

    Mains PYQ 

    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)

  • [6 May 2024] The Hindu Op-ed: The PM’s speeches fall foul of the Model Code of Conduct

    Mains PYQ Relevance: 

    Q) Discuss the role of the Election Commission of India in light of the evolution of the Model Code of Conduct. (UPSC IAS/2022)

    Q) ‘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 IAS/2017)

    Prelims:
    We adopted parliamentary democracy based on the British model, but how does our model differ from that model?​ (UPSC IAS/2021)
    1. As regards legislation, the British Parliament is supreme or sovereign but in India, the power of the Parliament to legislate is limited.​
    2. In India, matters related to the constitutionality of the Amendment of an Act of Parliament are referred to the Constitution Bench by the Supreme Court.​
    Select the correct answer using the code given below.​
    (a) 1 only 
    (b) 2 only​
    (c) Both 1 and 2 ​
    (d) Neither 1 nor 2

    Note4Students: 

    Prelims: Model Code of Conduct (MCC);

    Mains: Issues around Elections and Parliamentary Representation;

    Mentor comments:The ongoing Lok Sabha elections spotlight manifesto deficiencies. The Prime Minister’s false claims against the Congress indicate a narrative lacking factual basis. The absence of a law governing manifestos and weak enforcement of electoral regulations contribute to the erosion of democratic principles and the malaise persists despite constitutional mandates.

    Let’s learn

    —

    Why in the News?

    The Prime Minister’s recent statement about the opposition’s intentions through their manifestos ( including gold and mangalsutra) has stirred controversy. Leaders must uphold factual accuracy and responsible discourse during this critical time.

    The contents of the two Manifestos

    • Congress Manifesto (‘Nyay Patra’):
      • Wealth Creation: The manifesto emphasizes rapid growth and wealth generation, setting a target of doubling the GDP in the next 10 years.
      • Welfare: Prioritizes the welfare of the poor as the first charge on government resources, aiming for a fair, just, and equal-opportunity economy under the Nav Sankalp Economic Policy.
      • Equity: Acknowledges the disparity among marginalized communities (SC, ST, OBC) and proposes a nation-wide Socio-Economic and Caste Census to strengthen affirmative action based on data.
    • Constitutional References:
      • Preamble: The manifesto echoes the principles of the Preamble of the Indian Constitution, aiming to secure justice, social, economic, and political; liberty of thought, expression, belief, faith, and worship; and equality of status and opportunity for all citizens.
      • Directive Principles of State Policy (Articles 39, 38, 46): Highlights the constitutional mandate for the state to ensure adequate means of livelihood, equitable distribution of resources, promotion of welfare, minimization of income inequalities, and promotion of educational and economic interests of weaker sections, especially Scheduled Castes and Scheduled Tribes.
    • BJP’s Manifesto:
      • Uniform Civil Code: Criticizes the BJP’s aggressive push for a uniform civil code, suggesting that the BJP’s actions contradict its own manifesto’s commitments to the principles of the Constitution.
      • Comparison with BJP’s Manifesto: Contrasts the BJP’s manifesto promises with those of the Congress, highlighting initiatives like free rations, health insurance, and housing provided by the BJP.
      • Accusation of Misguidance: Accuses the BJP of misguiding the nation by turning a serious document (the Congress manifesto) upside down.

    Major Challenge: No law to govern the Manifesto

    • S. Subramaniam Balaji v. Government of Tamil Nadu & Ors. (2013): Supreme Court highlighted the absence of legislation governing election manifestos. Consequently, the Court directed the Election Commission of India (ECI) to collaborate with political parties to formulate guidelines.
      • The ECI, following a meeting with political parties on August 12, 2013, issued ‘Instructions to political parties on manifestos’ on April 24, 2015. These guidelines, acknowledging that election manifesto promises are not considered corrupt practices under Section 123 of the Representation of the People Act, underscored the influence of freebies on voters and the importance of fair elections.
    • Violation of Model Code of Conduct (MCC): The Prime Minister’s statements against the opposition and minority communities are cited as violations of the MCC, particularly regarding the prohibition on appealing to caste or communal feelings for securing votes. This indicates a challenge in ensuring compliance with the MCC by political leaders and parties.
    • Corruption in Electoral Practices: The Supreme Court’s rulings identify speeches of a religious nature aimed at influencing voters as corrupt practices. However, the passage suggests that such appeals continue to occur, indicating a challenge in effectively combating corruption in electoral practices.
    • Weak Enforcement of Rule of Law: Despite regulations and legal provisions prohibiting certain activities during elections, such as appeals based on religion, caste, or community, there are challenges in enforcing these laws effectively. The passage criticizes the weak rule of law, indicating a broader challenge in ensuring adherence to electoral regulations and upholding democratic principles.
    • Composition and Functioning of the Election Commission of India (ECI): The passage suggests dissatisfaction with the ECI’s performance and its failure to ensure free and fair elections. This raises concerns about the composition and functioning of the ECI, indicating a challenge in maintaining the independence and effectiveness of electoral authorities.

    Way Forward:

    • Legislation on Manifestos: Introduce legislation to regulate election manifestos, outlining guidelines for their content, transparency, and accountability. This law can be based on the guidelines formulated by the ECI, ensuring that manifestos align with democratic principles and do not incite communal or divisive sentiments.
    • Strengthening the Model Code of Conduct (MCC): Enhance the MCC to include stricter provisions against appeals to caste, religion, or community for securing votes. Ensure that violations of the MCC are swiftly addressed and penalties are imposed on erring political parties or candidates.
    • Improved Enforcement Mechanisms: Strengthen enforcement mechanisms to ensure compliance with electoral laws and regulations. This may involve empowering the Election Commission with greater authority and resources to monitor election campaigns, investigate violations, and take prompt action against offenders.

  • National Commission for Backward Classes (NCBC) and the Dynamics of OBC Inclusion

    Why in the news?

    • The National Commission for Backward Classes (NCBC) has begun a comprehensive review of State OBC Lists to reassess the inclusion of communities benefiting from prolonged advantages.
    • The NCBC’s scrutiny has led to questioning the overrepresentation of Muslim communities in State OBC lists, particularly in Karnataka and West Bengal.

    NCBC’s contention over Over-representation:

    • Despite repeated requests, states like West Bengal and Karnataka lack current socio-economic data on OBCs, hindering the NCBC’s assessment.
    • The absence of data complicates the task of justifying continued inclusion in OBC lists.
    • The NCBC plans to extend its review to Kerala, Odisha, Bihar, Maharashtra, and other states to ensure maximum OBC reservation within the 50% limit.

    Who are the Other Backward Classes (OBCs)?

    • Other Backward Class is a collective term used to classify castes which are educationally or socially disadvantaged. 
    • It is one of several official classifications of the population of India, along with General Class, Scheduled Castes and Scheduled Tribes (SCs and STs).
    • The OBCs were found to comprise 55% of the country’s population by the Mandal Commission report of 1980, and were determined to be 41% in 2006.

    About National Commission for Backward Classes (NCBC)
    Established Constitution Amendment Act, 2018 (also known as 102nd Amendment Act, 2018) under Article 338B of the Indian Constitution
    Jurisdiction Ministry of Social Justice and Empowerment, Government of India
    Purpose
    • Active participation and advisory role in the socio-economic development of socially backward classes (OBCs).
    • Evaluating the progress of their development.
    Statutory Backing The outcome of the Indra Sawhney & Others v. Union of India case (16.11.1992)
    Composition
    • Chairperson (MoSJ), Vice-Chairperson, and three other members appointed by the President.
    • Conditions of service and tenure determined by the President.
    Functions and Powers
    • Inclusions and exclusions in the lists of backward communities for job reservations.
    • Providing advice to the Central Government.
    • Investigating and monitoring safeguards for backward classes.
    • Inquiring into specific complaints related to their rights and safeguards.
    • Participating in socio-economic development and evaluating progress.
    Reports and Recommendations
    • Annual reports to the President and recommendations for effective implementation of safeguards.
    • Recommendations for measures to protect, welfare, and socio-economic development of backward classes.
    Other Functions Discharging functions specified by the President and subject to parliamentary laws
    Constitutional Amendment 102nd Constitutional Amendment Act (2018) empowered NCBC to address grievances of Other Backward Classes

     

    PYQ:

    [2022] Discuss the role of the National Commission for Backward Classes in the wake of its transformation from a statutory body to a constitutional body.

    [2016] Why are the tribals in India referred to as ‘the Scheduled Tribes’? Indicate the major provisions enshrined in the Constitution of India for their upliftment.

  • A look at how Article 361 provides immunity.

    Why in the News? 

    Even as a complaint alleging sexual harassment has been filed in Kolkata against West Bengal Governor C V Ananda Bose, Constitutional immunity bars the police from naming the Governor as an accused or even investigating the case.

    What is Article 361? 

    Article 361 of the Constitution that deals with immunity to the President and the Governors states that they “shall not be answerable to any court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties”.

    The provision also has two crucial sub-clauses: 

    (1) that no criminal proceedings whatsoever shall be initiated or continued against the President, or the Governor of a State, in any court during the term of his office.

    (2) No process for the arrest or imprisonment of the President, or the Governor of a State, shall issue from any court during his term of office.

    Immunity power of the Governor:

    • Ceases to be in office: The police can act only after the Governor ceases to be in office, which is when either the Governor resigns or no longer enjoys the confidence of the President.” 
    • Rameshwar Prasad v Union of India: In the landmark 2006 ruling in Rameshwar Prasad v Union of India, that outlined the immunity enjoyed by the Governor “even on allegation of personal malafides,” the Supreme Court held that “the position in law, is that the Governor enjoys complete immunity.”
    • In 2017, criminal conspiracy in the 1992 demolition of the Babri Masjid case: The trial did not take place for former UP Chief Minister Kalyan Singh since he was then the Governor of Rajasthan.

    Constitutional Provisions:

    • Appointment: The Governor is appointed by the President of India and holds office during the pleasure of the President (Article 155).
    • Qualifications: The Governor must be a citizen of India, must be at least 35 years old, and must not hold any office of profit (Article 157).
    • Powers and Functions: The Governor is the constitutional head of a state and performs various functions including:
      • Executive Functions: The Governor appoints the Chief Minister and other Council of Ministers, and allocates portfolios among them (Article 164).
      • Legislative Functions: The Governor summons and prorogues the state legislature, addresses it, and lays down its policy. He/she also has the power to dissolve the Legislative Assembly (Article 174).
      • Financial Functions: The Governor causes to be laid before the State Legislature the Annual Financial Statement (budget) and has powers related to money bills (Article 202).
    • Discretionary Powers: The Governor has discretionary powers in certain matters, such as appointing the Chief Minister when no party has a clear majority after elections (Article 164).
    • Relation with the Union: The Governor is appointed by the President and acts as a link between the state and the Union. He/she can send reports to the President regarding the administration of the state (Article 356).
    • Oath or Affirmation: Before entering office, the Governor must take an oath or affirmation according to the form set out in the Third Schedule of the Constitution (Article 159).

    Conclusion: 

    Article 361 of the Indian Constitution provides immunity to the President and Governors from court proceedings and arrest during their term. Police action against a Governor can only occur after they cease office.

    Mains PYQ 

    Q Discuss the essential conditions for exercise of the legislative powers by the Governor. Discuss the legality of re-promulgation of ordinances by the Governor without placing them before the Legislature.

  • Financial Relief in Domestic Violence Cases

    Why in the news?

    • A recent question before the Supreme Court compelled it to deliberate on whether damages for domestic violence should be determined based on the injuries sustained by the victim or the perpetrator’s ability to pay.
    • The petitioner contested orders from the Bombay High Court and a trial court directing him to pay Rs 3 crore to his wife under Section 22 of the Protection of Women from Domestic Violence Act, 2005.

    Domestic Violence Law: An Overview

    • The DV Act, 2005 aims to safeguard women’s rights by addressing violence within the family.
    • Key Features of the DV Act:
    Details
    Background Introduced in 2005 to address limitations in civil and criminal courts regarding domestic violence (under Section 498A of the Indian Penal Code).
    Definitions of Violence
    • Includes physical, sexual, emotional, verbal, psychological, and economic abuse (Section 3).
    • Even a single act of harm or injury qualifies as domestic violence.
    Beneficiaries
    • Any woman in a domestic relationship (Section 2).
    • Children can also file complaints, and any person can file on their behalf (Section 2).
    Respondents
    • Adult male members in domestic relationships (Section 2).
    • Relatives of the husband or male partner can also be respondents (Section 2).
    Rights to Residence Women cannot be denied access to resources during legal proceedings (Section 17).
    Other Rights
    • Access to police, shelter, medical aid, and legal assistance.
    • Can obtain various court orders, including protection, residence, and compensation orders (Section 18).
    Remedial Measures
    • Victims entitled to medical facilities, counseling, and shelter (Section 12).
      • Both parties may receive counseling as directed by the court (Section 14).
    • Respondents required to provide compensation for losses incurred by the victim (Section 20).
    • Courts to order respondents to pay damages for injuries, including mental and emotional trauma, resulting from domestic violence (Section 22).
    Protection Officers Appointment of officers in each district, preferably women, with necessary qualifications (Section 8).
    Fixed Timeline All complaints must be heard and disposed of within 60 days (Section 12).

     

    PYQ:

    [2022] Explore and evaluate the impact of ‘Work From Home’ on family relationships.
  • [3 May 2024] The Hindu Op-ed: The Judiciary’s Shadow over Standard-Essential Patents

    [3 May 2024] The Hindu Op-ed: The Judiciary’s Shadow over Standard-Essential Patents

    Mains PYQ Relevance: 

    Q) To achieve the desired objectives, it is necessary to ensure that the regulatory institutions remain independent and autonomous. Discuss in the light of experiences in the recent past. (UPSC IAS/2015)

    Q) The product diversification of financial institutions and insurance companies, resulting in the overlapping of products and services strengthens the case for the merger of the two regulatory agencies, namely SEBI and IRDA. Justify. (UPSC IAS/2013)

    Note4Students: 

    Prelims: Standard Essential Patents (SEP);

    Mains: The effect of judicial lethargy and activism on Standard essential patents (SEP);

    Mentor comments: There is a possible crisis brewing in India over how certain technology companies are wielding ‘standard essential patents’ (SEP) against the telecom manufacturing sector in India. This is a complex policy issue that has direct ramifications for India’s effort to build a domestic manufacturing industry for cellular phones. So far, the issues of regulating SEPs have been left to the judiciary, which, as an institution, has mostly missed the ball.

    Let’s learn

    —

    Why in the News?

    The government must put in place measures to regulate Standard Essential Patents before the judiciary causes further damage to India’s manufacturing dreams.

    What are ‘Standard Essential Patents’ (SEP)? 

    • These are the types of patents that cover technologies that are adopted by the industry as “standards”. For example, technologies such as CDMA, GSM, and LTE are all industry standards in the telecom sector. 
    • Technological standards are especially important to ensure the interoperability of different brands of cellular phones manufactured by different companies.
      • For example, once GSM was adopted as a standard, all manufacturers had to ensure that the handsets that they manufactured were compatible with GSM.

    The Opaque Model:

    • Countries with little innovation in the telecom sector, such as India, have minimal influence over the setting of standards or the licensing of Standard Essential Patents (SEPs). This lack of influence contributes to the opacity of the process.
    • Standard-setting organizations (SSOs) are primarily run by private technology companies, leading to a concentration of power and decision-making among these entities.
    • Owners of SEPs can demand extortionary royalties or licensing terms from manufacturers due to the lack of alternatives. This practice can block competition and hinder market entry for smaller players.
    • The lack of alternatives and the necessity for manufacturers to license SEPs create a “patent holdup” problem, where owners of SEPs can exploit their position to extract higher licensing fees.
    • Despite the theoretical expectation that SSOs would prevent unfair practices, the self-regulation model has failed in practice. This failure is evidenced by the record fines imposed on some SEP owners for engaging in anti-competitive practices.

    The Effect of Judicial Lethargy and Activism

    • Lack of Investigation into Abusive Licensing Practices: Due to judicial lethargy and delays, the Indian government has yet not investigated potentially abusive licensing practices of technology companies owning Standard Essential Patents (SEPs).  
    • Protracted Litigation: Litigation surrounding competition law issues has been mired in delays and remained pending for an extended period, resulting in a lack of resolution. For instance, a case involving Ericsson challenging the Competition Commission of India’s power lasted for seven years before a judgment was delivered.
    • Impact on Manufacturers: The prolonged litigation and uncertainty have adversely affected manufacturers, particularly Indian companies, who have been required to deposit substantial sums of money with the court during the pendency of trials. This has strained their financial resources and affected their ability to operate effectively.
    • Unprecedented Interim Orders: The Delhi High Court has issued unprecedented “deposit” orders, requiring manufacturers to deposit large sums of money with the court before trial.
      • These orders lack legal basis and are unfair to defendants, depriving them of working capital for the duration of the trial.
    • Impact on Investment and Manufacturing Sector: Judicial lethargy and activism have negative implications for the government’s efforts to attract investment in the manufacturing sector.
      • Delays and uncertainties in legal proceedings deter potential investors and undermine the effectiveness of government initiatives like the “production-linked incentives” scheme.
    • Questioning on the Policies of Government: The situation raises questions about the rationale behind government policies that incentivize manufacturing while overlooking issues related to abusive licensing practices by SEP owners. This inconsistency may hinder efforts to promote economic growth and job creation in the country.

    Way Forward:

    • Need for Government Intervention: There is a pressing need for the Indian government to intervene and implement measures to regulate SEPs. The current judicial delays and uncertainties surrounding SEPs are hindering India’s manufacturing aspirations.
    • Ensuring Fairness and Equity: Regulatory measures would aim to ensure fairness and equity in the licensing of SEPs, preventing monopolistic practices and extortionate royalties that could hinder competition and innovation.

  • Hindu Marriage not valid without requisite Ceremonies: SC

    Why in the news?

    • The Supreme Court recently emphasized the sacredness of Hindu marriage, stating it is not merely a social event but a ‘samskara’ and a sacrament of significant value in Indian society.
    • The court’s observations came in response to a case involving two commercial pilots seeking a divorce decree without a valid Hindu marriage ceremony.

    About Hindu Marriage Act, 1955

    Details
    Enactment Passed by the Parliament of India on May 18, 1955.
    Purpose Amendment and codification of laws related to marriage among Hindus and others.
    Applicability
    • Applies to Hindus, Buddhists, Jains, Sikhs, and others NOT governed by Muslim, Christian, Parsi, or Jewish laws.
    • NOTE: The Special Marriage Act, 1954 applies to all citizens of India, irrespective of religion, faith, or belief.  It facilitates inter-religious and inter-caste marriages.
    Conditions for Marriage Section 5 specifies conditions including age, mental capacity, consent, and absence of prohibited relationships.

    Features of the HMA
    Guardianship for Marriage Section 6 outlines the persons entitled to give consent for a bride’s marriage.
    Solemnization of Marriage Section 7 recognizes customary rites and ceremonies for Hindu marriage.
    Registration of Marriage Section 8 allows for the registration of Hindu marriages for facilitating proof.
    Ceremonies for a Hindu Marriage
    • Explains the special varieties of ceremonies that may be done to solemnize a Hindu marriage. Ex. ‘Saptapadi’
    • It acknowledges each conventional and court-registered marriage.
    Restitution of Conjugal Rights Section 9 permits application for restitution of conjugal rights if one spouse withdraws without excuse.
    Judicial Separation Section 10 provides for judicial separation based on certain grounds.
    Nullity of Marriage and Divorce Grounds for voidable marriages and divorce specified in Sections 11-13.
    Mutual Divorce Section 13B allows mutual divorce by consent of both parties.
    Alimony and Maintenance Sections 24-25 enable spouses to seek maintenance and alimony post-divorce.
    Marriage Laws (Amendment) Bill, 2010 Proposed amendments for easier divorce on grounds of irretrievable breakdown.
    Judicial Review Supreme Court rulings on divorce petitions and exercise of powers under Article 142.

    Essence of Hindu Marriage: Supreme Courts’ Observations

    • Denouncement of Unrecognized Marriages:
        • The Supreme Court denounced the practice of seeking marital status without a valid ceremony.
        • Emphasized that marriage is a lifelong commitment and not to be treated lightly.
    • Sacred Character of Hindu Marriage:
        • Hindu marriage is termed as a ‘sacrament’ with a sacred character.
        • It symbolizes the unity of two individuals into a dignified, equal, and consensual union.
    • Institutional Importance:
        • Viewed as a vital institution for procreation, family consolidation, and fostering fraternity within communities.
    • Adherence to Rites and Ceremonies:
        • The court reiterated that a Hindu marriage must adhere to the rites and ceremonies prescribed under the Hindu Marriage Act.
        • For instance, the ‘saptapadi’ ceremony is essential for validity.
    • Role of Marriage Registration:
      • Marriage registration aids in providing evidence of the wedding.
      • However, it does not confer legitimacy if the marriage is not solemnized according to the Hindu Marriage Act.

    PYQ:

    [2020] Customs and traditions suppress reason leading to obscurantism. Do you agree?

    [2015] Discuss the possible factors that inhibit India from enacting for its citizen a uniform civil code as provided for in the Directive Principles of State Policy.

  • EC’s Model Code of Conduct (MCC) Need Reforms

    Why in the news?

    The Election Commission of India (ECI) has issued notifications regarding complaints of violations of the Model Code of Conduct (MCC) against prominent leaders in India.

    Model Code of Conduct (MCC)

    • Set of guidelines : The Model Code of Conduct (MCC) is a set of guidelines issued by the Election Commission of India (EC) for political parties and candidates.
    • Aim: It aims to establish standards of conduct during election campaigns and polling.The MCC includes provisions for lodging complaints with EC observers and dictates the conduct of ministers from ruling parties during the MCC period.
    • In 2019, an addition was made concerning election manifestos, prohibiting promises contrary to constitutional ideals.
    • The MCC is not legally binding as it is not a statutory document enacted by Parliament.
    • While violating many MCC guidelines may not result in punitive action, certain actions are categorized as electoral offenses and corrupt practices under the Indian Penal Code and the Representation of the People Act, 1951.
    • Violators of these laws will face appropriate punishment.

    Evolution of MCC:

    • Origin: The Model Code of Conduct (MCC) originated as a small set of guidelines for the Assembly election in Kerala in 1960.
    • Initially, it covered various aspects such as the conduct of election meetings, processions, speeches, slogans, posters, and placards.
    • Expansion of MCC: Under Chief Election Commissioner (CEC) K V K Sundaram in 1968, the EC consulted with political parties and expanded the MCC to ensure minimum standards of behavior for free and fair elections.
    • Standard practice: By 1979, it became a standard practice for the EC to circulate the MCC before every General Election.
    • Consolidation of MCC: Over time, the MCC evolved further with consultations between the EC and political parties. In 1991, it was consolidated and re-issued with additional sections, including restrictions on the “party in power” to prevent the misuse of authority for unfair advantages.

    Features of MCC: 

    • Activation of MCC: The Model Code of Conduct (MCC) is activated immediately upon the announcement of the election schedule by the Election Commission and remains in effect until the completion of the election process, including the announcement of results.
    • Applicable on all election: It applies to all elections to the Lok Sabha, State Assemblies, State Legislative Council elections from Local Bodies, and Graduates’ and Teachers’ Constituencies.
    • Across all India: During General elections, the MCC is enforced across India, while during Legislative Assembly elections, it is enforced in the specific state going to polls.
    • Funded to adhere with MCC: All organizations, committees, corporations, and commissions funded wholly or partially by the Central or State governments are obligated to adhere to the MCC.
    • List of Political parties: In addition to listed political parties and candidates, non-political organizations conducting campaigns in support of a political party or candidate are also required to follow specific guidelines outlined by the Election Commission.

    Issues related to MCC: 

    • The political environment in the country has become more intense, leading to a decrease in the effectiveness of the Model Code of Conduct (MCC).
    • Instances of violations of the MCC are increasing rapidly and are becoming widespread and aggressive.
    • Political leaders are using their influence, resources, and persuasive tactics more aggressively than ever, often exploiting loopholes between the literal and intended meanings of the MCC.
    • Money power has become more prominent than physical strength, and advancements in technology have provided new ways to circumvent regulations.
    • The MCC lacks clarity on the consequences of violations, which weakens its ability to deter misconduct.
    • Delayed responses to violations reduce the impact of penalties and erode public trust in the Election Commission’s credibility.

    Way Forward

    • Strengthen Enforcement: Enhance the enforcement mechanisms to ensure strict adherence to the MCC guidelines. 
    • Technological Solutions: Leverage technology to improve monitoring and enforcement of MCC compliance. Implement tools such as social media monitoring, data analytics, and surveillance technology to detect and deter violations effectively.
    • Swift and Transparent Action: Ensure timely and transparent action against MCC violations. Establish clear protocols for investigating complaints and imposing penalties on violators. Swift action will enhance the deterrent effect of the MCC.

    Mains PYQ:

    Q ‘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. [2017]