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.
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[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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Decoding World Affairs
The Supreme Court on Thursday struck down the electoral bonds scheme, saying it violates the right to information and freedom of speech and expression under the Constitution. Now let's know why did Supreme Court struck it down?
How did government defend Electoral Bond Scheme in court?
[1] Legitimate Banking channels reduces Black Money in politics: The government’s main points in defence of the scheme was that it allowed any person to transfer funds to political parties of their choice through legitimate banking channels and helped prevent unregulated contributions through cash.
[2] Right to privacy of the donor: The Supreme Court in Puttaswamy case held that the Right to Privacy is a fundamental right protected under Article 21 and Part III of the Indian Constitution. Thus, it is important for the donor to secure privacy while donating to political party of his/her choice.
[3] Citizens did not have a right to know the party funding: Attorney General K.K. Venugopal claimed that “Their contention is that voters have a right to know. Right to know what? Voters do not need to know where money of political parties comes from.” It is so because political parties are not "public authority".
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[1] Legitimate Banking channels reduces Black Money in politics: The government’s main points in defence of the scheme was that it allowed any person to transfer funds to political parties of their choice through legitimate banking channels and helped prevent unregulated contributions through cash.
[2] Right to privacy of the donor: The Supreme Court in Puttaswamy case held that the Right to Privacy is a fundamental right protected under Article 21 and Part III of the Indian Constitution. Thus, it is important for the donor to secure privacy while donating to political party of his/her choice.
[3] Citizens did not have a right to know the party funding: Attorney General K.K. Venugopal claimed that “Their contention is that voters have a right to know. Right to know what? Voters do not need to know where money of political parties comes from.” It is so because political parties are not "public authority".
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Decoding World Affairs
Why do people in Ladakh protesting? Let's decode it...
Why is Ladakh witnessing protests?
[1] Statehood for Ladakh: Protesters are calling for Ladakh's statehood to be reinstated after it was made a Union territory without a legislature in 2019.
[2] Sixth Schedule status for Ladakh: They are concerned of the lobbies in the mining industry who want to harm Ladakh through illegal mining. People of Ladakh are demanding constitutional rights in the face of 6th schedule to safeguard it. It was also promised by the govt.
[3] Two parliamentary seats in Ladakh instead of one: One of their demands is to increase political representativeness by ensuring parliamentary seats for both Leh and Kargil districts.
[4] Job security and early job recruitment: The demonstrators chanted slogans in favour of reservation in jobs for the people of Ladakh among others.
[1] Statehood for Ladakh: Protesters are calling for Ladakh's statehood to be reinstated after it was made a Union territory without a legislature in 2019.
[2] Sixth Schedule status for Ladakh: They are concerned of the lobbies in the mining industry who want to harm Ladakh through illegal mining. People of Ladakh are demanding constitutional rights in the face of 6th schedule to safeguard it. It was also promised by the govt.
[3] Two parliamentary seats in Ladakh instead of one: One of their demands is to increase political representativeness by ensuring parliamentary seats for both Leh and Kargil districts.
[4] Job security and early job recruitment: The demonstrators chanted slogans in favour of reservation in jobs for the people of Ladakh among others.
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Decoding World Affairs
Mitsotakis who inaugurates the annual Raisina Dialogue in Delhi, says that Israel’s war should not ‘weaken the resolve’ to realise the economic corridor. Let's look into it how would it benefit India...
Significances of the India-Middle East-Europe Economic Corridor (IMEC) for India
[1] Thwart to China’s BRI: IMEC is seen as a potential counter to China's BRI in the Eurasian region. It can serve to counterbalance China's growing economic and political influence. It would help India in balancing China efficiently without much investments.
[2] Exploring West Asia: After economic liberalization in 1991, India largely explored East Asia through Look East policy followed by Act East policy. Now, it is providing opportunity to extend cooperation beyond balancing west Asia.
[3] Potential strategic Role in Africa: The corridor's model could be extended to Africa, aligning with the US and EU's plan to develop a Trans-African corridor. It signifies India's intent to strengthen its engagement with Africa.
[4] Deepening relations with USA: It dispels the notion that India and the United States may collaborate in the Indo-Pacific but not in the Middle East. The project showcases how India and the U.S., along with Israel and the UAE, can partner in developing joint economic projects through forums like the I2U2.
[5] Bypassing neighbourhood syndrome: It would help in bypassing Pakistan’s veto over India’s overland connectivity to the Central Asia. It is so because Jabel Ali port in UAE is near to Chahbahar port developed in Iran with India's assistance. It may help in further connecting central Asia.
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[1] Thwart to China’s BRI: IMEC is seen as a potential counter to China's BRI in the Eurasian region. It can serve to counterbalance China's growing economic and political influence. It would help India in balancing China efficiently without much investments.
[2] Exploring West Asia: After economic liberalization in 1991, India largely explored East Asia through Look East policy followed by Act East policy. Now, it is providing opportunity to extend cooperation beyond balancing west Asia.
[3] Potential strategic Role in Africa: The corridor's model could be extended to Africa, aligning with the US and EU's plan to develop a Trans-African corridor. It signifies India's intent to strengthen its engagement with Africa.
[4] Deepening relations with USA: It dispels the notion that India and the United States may collaborate in the Indo-Pacific but not in the Middle East. The project showcases how India and the U.S., along with Israel and the UAE, can partner in developing joint economic projects through forums like the I2U2.
[5] Bypassing neighbourhood syndrome: It would help in bypassing Pakistan’s veto over India’s overland connectivity to the Central Asia. It is so because Jabel Ali port in UAE is near to Chahbahar port developed in Iran with India's assistance. It may help in further connecting central Asia.
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