Decoding World Affairs
The Uttarakhand Assembly is likely to pass the State’s Uniform Civil Code (UCC) Bill during its four-day-long session this week. A State-appointed panel constituted to draft the UCC submitted its final report to Chief Minister Pushkar Singh Dhami on February…
Why is there a strong push for UCC?
[1] To ensure equality and secularism (Article 14: A secular republic needs a common law for all citizens rather than differentiated rules based on religious practices.)
[2] Gender justice (The rights of women are usually limited under religious law, be it Hindu or Muslim. It is the duty of the state to ensure liberty to women from "essential doctrine" that has patriarchal values.)
[3] Support from Judiciary (Judiciary has been pushing the state for UCC. In Shah Bano judgement 1985, Supreme Court said that the govt should move towards a UCC. More or less similar thing was told in Sarla Mudgal case 1995)
[4] Constitutional obligation (Article 44 of Indian constitution says that the State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India. It acts as a guiding light for state.)
[5] Role of state (Role of state can't be negated even in personal sphere. State should offset negative spillover effects of natural rights and custom rights. E.g. Head Hunting in Nagaland is a traditional practice of Nagaland. It doesn't mean that it can't be allowed in democratic country on the name of "culture")
[6] Freedom of choice (Neutral personal laws encourages inter-caste and inter-religious marriage. E.g. Special Marriage Act, 1954)
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[1] To ensure equality and secularism (Article 14: A secular republic needs a common law for all citizens rather than differentiated rules based on religious practices.)
[2] Gender justice (The rights of women are usually limited under religious law, be it Hindu or Muslim. It is the duty of the state to ensure liberty to women from "essential doctrine" that has patriarchal values.)
[3] Support from Judiciary (Judiciary has been pushing the state for UCC. In Shah Bano judgement 1985, Supreme Court said that the govt should move towards a UCC. More or less similar thing was told in Sarla Mudgal case 1995)
[4] Constitutional obligation (Article 44 of Indian constitution says that the State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India. It acts as a guiding light for state.)
[5] Role of state (Role of state can't be negated even in personal sphere. State should offset negative spillover effects of natural rights and custom rights. E.g. Head Hunting in Nagaland is a traditional practice of Nagaland. It doesn't mean that it can't be allowed in democratic country on the name of "culture")
[6] Freedom of choice (Neutral personal laws encourages inter-caste and inter-religious marriage. E.g. Special Marriage Act, 1954)
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Decoding World Affairs
MS Swaminathan has been announced as one of the recipients of the esteemed Bharat Ratna award. The eminent agronomist and agricultural scientist will be conferred with the prestigious award for his contributions to Indian agriculture and farmer's welfare.
Factors prompted the initiation of the Green Revolution in India
[1] Population Growth: The existing agricultural practices were unable to keep up with the growing demand for food, leading to concerns about food shortages and the potential for famine.
[2] Food Security: To ensure food security and reduce dependence on food imports, the Indian government sought ways to boost domestic food production. The Green Revolution aimed to increase crop yields and overall agricultural productivity to meet the nutritional needs of the growing population.
[3] Technological Advancements: The development of high-yielding varieties (HYVs) of crops, particularly wheat and rice, presented an opportunity to significantly increase agricultural output.
[4] International Assistance: Initiatives like the Ford Foundation's collaboration with Indian scientists, including Nobel laureate Norman Borlaug, played a crucial role in introducing high-yielding crop varieties and modern agricultural techniques.
[5] Economic Development: Achieving self-sufficiency in food production was seen as a crucial component of overall economic development. A robust agricultural sector was considered vital for providing a foundation for industrialization and economic growth.
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[1] Population Growth: The existing agricultural practices were unable to keep up with the growing demand for food, leading to concerns about food shortages and the potential for famine.
[2] Food Security: To ensure food security and reduce dependence on food imports, the Indian government sought ways to boost domestic food production. The Green Revolution aimed to increase crop yields and overall agricultural productivity to meet the nutritional needs of the growing population.
[3] Technological Advancements: The development of high-yielding varieties (HYVs) of crops, particularly wheat and rice, presented an opportunity to significantly increase agricultural output.
[4] International Assistance: Initiatives like the Ford Foundation's collaboration with Indian scientists, including Nobel laureate Norman Borlaug, played a crucial role in introducing high-yielding crop varieties and modern agricultural techniques.
[5] Economic Development: Achieving self-sufficiency in food production was seen as a crucial component of overall economic development. A robust agricultural sector was considered vital for providing a foundation for industrialization and economic growth.
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Three days after Uttarakhand passed the UCC Bill in the assembly, govt has set up a nine-member panel to devise regulations ensuring effective execution of Bill's provisions. Let's understand Uttrakhand mode of UCC...
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Decoding World Affairs
Three days after Uttarakhand passed the UCC Bill in the assembly, govt has set up a nine-member panel to devise regulations ensuring effective execution of Bill's provisions. Let's understand Uttrakhand mode of UCC...
What are concerns related to Uttarakhand’s UCC scheme of things?
[1] Exception to tribes: UCC was brought for bringing uniformity in codes. But It applies to all residents of Uttarakhand except the tribal community which constitutes 2.9% of the State’s population. The community has been averse to a UCC from the very beginning.
[2] Regulating live in relationship: The Registrar has to be kept informed about live in relationship. In case either of the partners is less than 21 years old, the declaration will also be sent to their parents or guardians.
[3] Restricting polygamy: One of the conditions stipulated for a valid marriage is that neither party should have “a spouse living at the time of the marriage” thus prohibiting practices such as bigamy or polygamy. It is deemed as transgressing into cultural sphere of some community.
[4] Extra-territorial jurisdiction: The Bill imposes an obligation on all heterosexual couples (irrespective of whether they are residents of Uttarakhand or not) to register their live-in relationships by submitting a “statement” to the concerned Registrar.
[5] Violating fundamental rights: Section 28 prohibits the initiation of divorce proceedings unless one year has elapsed since the date of marriage.
© Decoding World Affairs
[1] Exception to tribes: UCC was brought for bringing uniformity in codes. But It applies to all residents of Uttarakhand except the tribal community which constitutes 2.9% of the State’s population. The community has been averse to a UCC from the very beginning.
[2] Regulating live in relationship: The Registrar has to be kept informed about live in relationship. In case either of the partners is less than 21 years old, the declaration will also be sent to their parents or guardians.
[3] Restricting polygamy: One of the conditions stipulated for a valid marriage is that neither party should have “a spouse living at the time of the marriage” thus prohibiting practices such as bigamy or polygamy. It is deemed as transgressing into cultural sphere of some community.
[4] Extra-territorial jurisdiction: The Bill imposes an obligation on all heterosexual couples (irrespective of whether they are residents of Uttarakhand or not) to register their live-in relationships by submitting a “statement” to the concerned Registrar.
[5] Violating fundamental rights: Section 28 prohibits the initiation of divorce proceedings unless one year has elapsed since the date of marriage.
© Decoding World Affairs
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Power structure of Myanmar
⏹ The political class and ethnic groups: The political class, represented by the unrecognised group called the National Unity Government (NUG), has defied the odds to assert itself through militia units called the People’s Defence Forces. They have won many battles against the army, especially in rural Bamar areas.
⏹ Tatmadaw or the military: The most powerful pillar of the power architecture that has never faced such a dismal situation. Most people are opposed to it, viewing it as a usurper and oppressor.
⏹ The political class and ethnic groups: The political class, represented by the unrecognised group called the National Unity Government (NUG), has defied the odds to assert itself through militia units called the People’s Defence Forces. They have won many battles against the army, especially in rural Bamar areas.
⏹ Tatmadaw or the military: The most powerful pillar of the power architecture that has never faced such a dismal situation. Most people are opposed to it, viewing it as a usurper and oppressor.
Decoding World Affairs
Power structure of Myanmar ⏹ The political class and ethnic groups: The political class, represented by the unrecognised group called the National Unity Government (NUG), has defied the odds to assert itself through militia units called the People’s Defence…
What India should keep in mind while looking at policy options in Myanmar?
[1] Cross border terrorism: The inflow of refugees into Mizoram and Manipur has risen. There is also greater activism of Myanmar-based anti-India insurgents indulging in illegal activities along the border.
[2] Establishing communication link: Communication links with certain components of the resistance such as the Chin National Army, Arakan Army and the NUG need to be established, as they gain the upper hand in battles against the military in areas bordering India.
[3] A strong message for democratic spirit: A strong message of the need for cessation of violence and restoration of normalcy should be relayed to both the government and the resistance.
[4] Conveying peace conclave: India should consider convening a Peace Conclave of senior officials from the member states of the Quad and the ASEAN Troika comprising Indonesia, Laos and Malaysia. The conclave can make a dispassionate evaluation of the situation and offer Myanmar a blueprint and practical assistance.
[5] Freedom for Aung San Suu Kyi: Seeking immediate freedom for Daw Aung San Suu Kyi from her unjustified solitary confinement should be a key element in the calculus of the conclave. Ms. Suu Kyi, who is still the most popular leader, holds the key to unlocking a better future.
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[1] Cross border terrorism: The inflow of refugees into Mizoram and Manipur has risen. There is also greater activism of Myanmar-based anti-India insurgents indulging in illegal activities along the border.
[2] Establishing communication link: Communication links with certain components of the resistance such as the Chin National Army, Arakan Army and the NUG need to be established, as they gain the upper hand in battles against the military in areas bordering India.
[3] A strong message for democratic spirit: A strong message of the need for cessation of violence and restoration of normalcy should be relayed to both the government and the resistance.
[4] Conveying peace conclave: India should consider convening a Peace Conclave of senior officials from the member states of the Quad and the ASEAN Troika comprising Indonesia, Laos and Malaysia. The conclave can make a dispassionate evaluation of the situation and offer Myanmar a blueprint and practical assistance.
[5] Freedom for Aung San Suu Kyi: Seeking immediate freedom for Daw Aung San Suu Kyi from her unjustified solitary confinement should be a key element in the calculus of the conclave. Ms. Suu Kyi, who is still the most popular leader, holds the key to unlocking a better future.
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What are the basis on which Supreme Court Struck down electoral bond scheme?
[1] Unlimited corporate donations violate free and fair elections: Electoral bonds also removed the earlier limits on how much of its profits a company could donate to political parties (7.5% of the average profits of the preceding three fiscal years). The scheme even allowed loss-making companies to make donations. This could have opened the door for shell companies to be formed with the purpose of channelling funds to political parties.
[2] Amendment to the Finance Bill: In most of the country, the central bank alone has the authority to issue currency such as notes and bonds. The Govt amended the RBI Act using a Finance Act, and allowed under a new clause 31(3), the central govt to authorise any scheduled bank to issue electoral bonds. This amendment to the Finance Act too has been struck down.
[3] Violate fundamental rights: The court held that the scheme by permitting anonymous political donations infringed upon the fundamental right to information under Article 19(1)(a) of the Constitution. It pointed out that such a right is not only restricted to fulfilling the freedom of speech and expression but plays a key role in furthering participatory democracy by holding the government accountable.
[4] Quid pro quo financial arrangements: It highlighted that economic inequality leads to differing levels of political engagement because of the deep association between money and politics. As a result, there is a legitimate possibility that financial contribution to a political party would lead to quid pro quo arrangements.
[5] Unbalancing the voters’ right to information with the right to privacy of donors: Initially, Section 29C of the RPA 1951, required parties to declare all contributions higher than ₹20,000, and specify whether they were received from individual persons or companies. However, the Finance Act, 2017, amended this provision to create an exception wherein such a requirement would not apply to donations received through electoral bonds. Earlier provision balances these two rights because donations below this threshold were far less likely to influence political decisions.
[6] Right to privacy can't be shield for major contributors: The Chief Justice held that the right to privacy of political affiliation does not extend to those contributions, which may be made to influence policies. It only extends to contributions made as a genuine form of political support- e.g. a student, a daily wage worker, an artist, or a teacher.
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[1] Unlimited corporate donations violate free and fair elections: Electoral bonds also removed the earlier limits on how much of its profits a company could donate to political parties (7.5% of the average profits of the preceding three fiscal years). The scheme even allowed loss-making companies to make donations. This could have opened the door for shell companies to be formed with the purpose of channelling funds to political parties.
[2] Amendment to the Finance Bill: In most of the country, the central bank alone has the authority to issue currency such as notes and bonds. The Govt amended the RBI Act using a Finance Act, and allowed under a new clause 31(3), the central govt to authorise any scheduled bank to issue electoral bonds. This amendment to the Finance Act too has been struck down.
[3] Violate fundamental rights: The court held that the scheme by permitting anonymous political donations infringed upon the fundamental right to information under Article 19(1)(a) of the Constitution. It pointed out that such a right is not only restricted to fulfilling the freedom of speech and expression but plays a key role in furthering participatory democracy by holding the government accountable.
[4] Quid pro quo financial arrangements: It highlighted that economic inequality leads to differing levels of political engagement because of the deep association between money and politics. As a result, there is a legitimate possibility that financial contribution to a political party would lead to quid pro quo arrangements.
[5] Unbalancing the voters’ right to information with the right to privacy of donors: Initially, Section 29C of the RPA 1951, required parties to declare all contributions higher than ₹20,000, and specify whether they were received from individual persons or companies. However, the Finance Act, 2017, amended this provision to create an exception wherein such a requirement would not apply to donations received through electoral bonds. Earlier provision balances these two rights because donations below this threshold were far less likely to influence political decisions.
[6] Right to privacy can't be shield for major contributors: The Chief Justice held that the right to privacy of political affiliation does not extend to those contributions, which may be made to influence policies. It only extends to contributions made as a genuine form of political support- e.g. a student, a daily wage worker, an artist, or a teacher.
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