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DAILY NEWS ANALYSIS

Monthly DNA

21 Apr, 2023

15 Min Read

Civil Union and Marriage

GS-I : Social issues Gender issue

Civil Union and Marriage

  • The Centre has objected to the Supreme Court hearing petitions seeking legal recognition of same-sex marriage on the grounds that the judiciary has the authority to do so for the "socio-legal institution" of marriage.
  • The CJI underlined in his answer to the Centre's objections that the hearing's focus will be on creating a concept of a "civil union" that receives legal recognition under the Special Marriage Act, 1954.

Describe Civil Union.

  • A civil union, commonly referred to as a civil partnership, is a recognised legal arrangement, much like marriage, that was primarily developed to give same-sex couples legal status.

  • Similar to the spousal privilege granted under Section 122 of the Indian Evidence Act, civil unions would come with rights such as inheritance rights, property rights, parental rights, job benefits to spouses, and the right to refrain from testifying against one's partner.

The distinctions between a civil union and marriage

  • Legally, married couples cannot refer to themselves as "civil partners," and civil partners cannot refer to themselves as married.
  • A dissolution order dissolves civil partnerships. through getting a final order, a marriage can be ended through divorce.
  • The legal right to marry is gradually being recognised through civil unions.
  • Several civil unions were transformed into marriages as a result of the legalisation of same-sex unions. For instance, in Austria, same-sex couples were permitted to enter into civil unions between 2010 and 2017. However, once a court ruled in January 2019 that civil unions were discriminatory, such marriages became legally recognised.

Other nations that permit civil unions include:

  • USA: In 2015, the Supreme Court of the United States (SCOTUS) issued a historic decision in "Obergefell v. Hodges" that legalised same-sex unions throughout the country.
  • Prior to 2015, most US states had civil union statutes that permitted same-sex marriage.
  • Sweden: Prior to 2009, LGBTQ couples were eligible to apply for civil unions and take advantage of perks including the ability to adopt. In 2009, Sweden approved same-sex unions.
  • Similar to this, nations including Brazil, Uruguay, and Chile had already acknowledged same-sex couples' legal right to marry before they publicly accepted their right to create civil unions.

What is the situation with same-sex unions in India?

  • While homosexuality under Section 377 of the IPC was decriminalised by the Supreme Court in the Navtej Singh Johar v. Union of India (2018) judgement, same-sex marriages have not yet been granted legal recognition in India.
  • Since then, a number of applications have been submitted to the SC, and the judiciary has begun to consider these petitions and investigate the applicability of the Special Marriage Act of 1954's Civil Unions provisions.
  • Under the Special Marriage Act of 1954, it is legal for people from two different religious backgrounds to unite in matrimony, which goes against many personal and religious regulations.

Special Marriage Act of 1954

  • According to the relevant personal law statutes—the Hindu Marriage Act of 1955, the Muslim Marriage Act of 1954, or the Special Marriage Act of 1954—all weddings in India may be registered.
  • Unaffected by the religion or belief practised by either partner, the Special Marriage Act, 1954 is an Act of the Parliament of India that provides for civil marriage for citizens of India and all Indian nationals abroad.
  • 30 days before to the planned wedding day, the couples must give the marriage officer a notice along with the necessary paperwork.
What are the defences for legalising same-sex unions?

Arguments in support of:

  • The SC stated that there is no universal definition of what it means to be a man or a woman. More complex than merely their physical body, it is.
  • Change is Fundamental Law: As society changes through time, laws must likewise adapt to reflect these societal changes.
  • Lower Legal Difficulties: To make same-sex marriage legal, the Special Marriage Act of 1954 just has to be read broadly. No changes to personal laws are required.
  • Upholding equality means ensuring that gay and lesbian couples have the same freedoms and rights as straight couples.
Argument against
  • Societal Acceptance: It is contended that society may not embrace the idea that same-sex marriages should be treated equally to heterosexual unions.
  • Any connection can be accepted by society regardless of laws or court rulings.
  • Problems with Expanding the Purpose: Giving the term "Gender" a broader definition could be problematic; if a guy with biological characteristics of a man begins to identify as a woman, it will be difficult for the authorities to decide whether to treat him as a man or woman in accordance with the law.
  • Legal difficulties: Legal challenges may arise if same-sex marriage is made legal. The National Commission for the Protection of Child Rights (NCPCR), for instance, has argued that conferring legal status would violate the Juvenile Justice Act of 2015.

Source: Indian Express

Electromagnetic Ion Cyclotron Waves

GS-I : Physical Geography Heat waves

Electromagnetic Ion Cyclotron Waves

  • In the Indian Antarctic outpost Maitri, scientists have discovered Electromagnetic Ion Cyclotron (EMIC) waves, a type of plasma waves.
  • These waves are crucial in the precipitation of killer electrons, which are dangerous for space-based equipment and instruments and constitute the radiation belt of planet Earth and have speeds close to the speed of light.
  • The investigation can aid in understanding how energetic particles in the radiation belts affect low-orbit spacecraft.

Electromagnetic Ion Cyclotron Waves: What Are They?

  • The subtle electromagnetic emissions detected in the Earth's magnetosphere are known as EMIC waves.
  • These waves are created at equatorial latitudes and travel along magnetic field lines to leave their mark in the ionosphere at high latitudes.
  • Both magnetometers based on the ground and in space can detect their traces.
  • The Earth is enclosed in a cavity called the magnetosphere, which shields it from the Sun's wrath.
  • It is created when the solar wind, a steady stream of charged particles, primarily electrons and protons, travelling from the Sun, interacts with the magnetic field of Earth.
  • The movement of the molten iron in the Earth's outer core produces the magnetic field.

Magnetometer

  • A magnetometer is a tool used in science to assess the direction and strength of magnetic fields.
  • It can be used to examine the magnetic fields of various astronomical objects, including planets, moons, stars, and galaxies, as well as the magnetic field of the Earth.
  • The concepts of electromagnetic induction or magnetoresistance are the basis for how magnetometers operate.

How do Plasma Waves work?

  • About: Plasma waves are a specific kind of electromagnetic wave that travel through a state of matter called plasma.
  • When a gas is heated to high temperatures or exposed to powerful electric fields, the atoms in the gas become ionised, which means they lose or gain electrons and transform into charged particles.
  • Plasma makes up more than 99% of the observable universe's matter.
  • Plasma makes up our Sun, solar wind, near-Earth space, magnetosphere, and the top part of our atmosphere, as well as the interplanetary medium.
  • Applications: Astrophysics, space science, plasma physics, and communication technology are just a few of the domains where plasma waves are useful.

Read Also: Space Related Facts and Data

Source: PIB

Animal Birth Control Rules, 2023

GS-III : Biodiversity & Environment Animals

Animal Birth Control Rules, 2023

  • Animal Birth Control Rules, 2023 were just published by the Ministry of Fisheries, Animal Husbandry & Dairy. In accordance with the Prevention of Cruelty to Animals Act of 1960, these Rules replace the Animal Birth Control (Dog) Rules, 2001.

Highlight of the rule

  • The relevant local bodies/municipalities/Municipal Corporations and Panchayats are to carry out the Animal Birth Control Programme for the sterilisation and immunisation of stray dogs.
  • A recognised organisation by the Animal Welfare Board of India (AWBI) must conduct the Animal Birth Control Programme.
  • The ABC and Anti Rabies Programmes must be put into action by Municipal Corporations in tandem.
  • It's also important to address the cruelty involved in producing the ABC programme.
  • The Rules also offer recommendations for how to resolve disputes between stray dogs and people without moving the pets in question.

Background

  • According to data presented in Parliament up until November 2022, India registered an astounding 160 million occurrences of street/stray dog bites between 2019 and 2022.
  • Additionally, this has increased disputes among urban dwellers as well as retaliation crimes and atrocities committed against dog feeds, carers, and canines.

Significance

  • By addressing difficulties with animal welfare, it will aid in reducing the number of stray dogs.
  • Additionally, it handles brand-new issues including conflict resolution and cat population management.

Problem with stray dogs

  • There are more than 1.5 billion stray dogs in India.
  • More than 300 people have been killed by dogs in the past five years, most of them children from low-income, rural families.
  • Even worse, dogs are to blame for almost 20,000 rabies fatalities.

About Rabies:

  • A zoonotic, viral disease affecting the central nervous system, rabies is preventable by vaccination.
  • Except for Antarctica, it affects every continent, with Asia and Africa accounting for more than 95% of all fatalities.
  • Cause: A ribonucleic acid (RNA) virus found in the saliva of a rabid animal (such as a dog, cat, monkey, etc.) is to blame.
  • It is always spread once an infected animal bites someone, which causes the virus and saliva to get stuck in the wound.
  • Dogs are the primary cause of human rabies mortality, contributing up to 99% of all human rabies transmissions, according to the WHO.
  • India has an endemic case of rabies, which causes 36% of all rabies deaths worldwide.
  • WHO estimates that between 30 and 60 percent of recorded rabies cases and fatalities in India involve people under the age of 15, as bites that happen to youngsters frequently go unrecognised and unreported.
  • Treatment: Rabies can be avoided by immunising dogs and getting medical attention right once if someone may have been exposed before developing symptoms.
  • NAPRE, the National Action Plan for the Elimination of Dog-Mediated Rabies by 2030: The National Centre for Disease Control (NCDC) collaborated with the Ministry of Fisheries, Animal Husbandry, and Dairy to create the NAPRE.
  • Its strategy for eradicating rabies is based on advice from numerous international organisations, including the WHO and the Global Alliance of Rabies Control (GARC).

Other actions the administration has done

  • campaigns to immunise stray dogs against illnesses like rabies. Consider a vaccination campaign in Chennai in 2020.
  • collaboration with NGOs, such as the Maharashtra-based Blue Cross Society, to organise vaccination and sterilisation initiatives for stray dogs.
  • The Delhi government has launched awareness efforts like "Be a Human, Save a Life" to get people to take in stray animals and aid in population management.
Prevention of Cruelty to Animals Act, 1960 (PCA)
  • It is the first law that has been passed to defend animal rights and shield them from the suffering that people inflict on them.
  • Definition: According to the Act, an animal is any living thing that is not a human or another animal in its many forms.
  • Offences & Penalties: The Act stipulates penalties for violators who subject animals to undue suffering and cruelty in order to shield them from lifelong torment and pain.
  • The Act also covers the many types of animal cruelty, its exceptions, and the procedure for killing a suffering animal where cruelty has been committed in order to end that animal's suffering.

Source: PIB

Illegal Mining of Ores

GS-III : Economic Issues Mine and minerals

Illegal Mining of Ores

  • The Indian Bureau of Mines (IBM) recently raised the alarm about widespread corruption in Odisha's illegal manganese mining and transportation industries.
  • In mines other than those for coal, petroleum & natural gas, atomic minerals, and minor minerals, IBM is a multi-disciplinary government organisation under the Ministry of Mines that promotes conservation, scientific development of mineral resources, and environmental preservation.

Highlight

  • Odisha is a mineral-rich State that has 43.64% of manganese, 33.61% of hematite iron ore, and 96.12% of the nation's chrome ore.
  • Mining lease holders in Odisha sent low-grade manganese ore from their mines to brokers in West Bengal, who then sold it as high-grade without further processing.
  • Some mining businesses in Odisha are involved in underreporting the amount of minerals produced and transported, as well as paying the proper royalties and taxes.
  • The issue of manganese ore grade decline is significant because it could have an impact on the product's quality and worth, which would cause the state government to lose out on money.

About mining

  • The mining industry is a key economic sector in India and makes a sizable contribution to the national economy. There are currently around 3,500 mining leases in operation throughout 23 states, totaling 316,290.55 hectares. Nearly 70% of the total is made up of Madhya Pradesh, Tamil Nadu, Andhra Pradesh, Gujarat, and Karnataka. But these natural mineral extractions frequently result in imbalances, which have a severe detrimental effect on the environment.
  • Mining is the process of removing rich minerals or other geological components from the Earth, typically from an orebody, lode, vein, seam, reef, or placer deposit.
  • Environmental harm is virtually always caused by mining operations, both while the mine is operating and after it has shut down.
  • The majority of nations have therefore established restrictions to lessen the effect.
  • Mining's importance to India's economy
  • India's GDP is anticipated to expand at a rate of about 7% during the next few years.
  • The nation's need for steel and power will rise as infrastructure and automobiles get a new lease of life.
  • These sectors are expanding quickly and depend on the mining sector for their raw materials.

About illegal mining

  • The removal of minerals, ores, or other valuable resources from land or water bodies without the required permits, licences, or regulatory clearances from public authorities is known as illegal mining.
  • It may also involve breaking laws governing labour, safety, and the environment.

Challanges faced

  • Large-scale displacement causes people to feel alienated and untrusting of the government apparatus, which results in complaints and inadequate rehabilitation initiatives.
  • In addition to losing land, the local community is also losing their unique tribal culture and way of life.
  • States with abundant natural resources like Chhattisgarh, Jharkhand, and Odisha have seen a rise in left-wing extremism.

health and environmental issues

  • The ecology has been seriously harmed by coal mining, the Makrana marble mines in Rajasthan, the granite mines in Karnataka, and the Damodar river has been severely harmed by mining for coal.
  • Biodiversity and cultural heritage have been lost as a result of mining.

Administration of Justice

  • Arbitrary allocations for coal mines are followed by long legal battles, annulment of allocations, and charges of corruption in block allocations.
  • Environmental approvals are delayed as a result of bureaucratic obstacles.
  • As a result of judicial intervention, investors experience lengthy delays and losses.
  • Governments may experience a loss of revenue as a result of miners' potential failure to pay required taxes and royalties.
  • This can have a big influence on the economy, especially in places where natural resources are a big source of income.
  • Violations of Human Rights
  • Human rights violations caused by illegal mining may also include forced labour, child labour, and the exploitation of weaker groups of people.

Governmental Efforts

  • In order to establish a framework for the long-term development of the Indian mining industry, mining leases are granted a star level.
  • A Memorandum of Understanding was signed in January 2016 between the Indian Bureau of Mines (IBM) and the National Remote Sensing Centre (NRSC), ISRO, to launch a pilot study on "mining activity monitoring using satellite imagery" to stop illegal mining.
  • A device called the Mining Surveillance System (MSS) uses autonomous remote sensing to find unlawful mining.
  • The District Mineral Foundation Fund (DMF) was formed under the Pradhan Mantri Khanij Kshetra Kalyan Yojana [PMKKKY] for the benefit of individuals and regions impacted by mining.
  • To attract private exploration firms, the National Mineral Exploration Policy was developed.
  • The automated route allows 100% FDI in the mining and exploration of metal and nonmetal ores.
  • The state government is required to own the minerals found within its borders through an entry in List II (State List) at serial number 23.
  • The central government is required to own the minerals located within India's EEZ by the entry at serial No. 54 of List I (Central List).
  • This led to the creation of the Mines and Minerals (Development and Regulation) (MMDR) Act of 1957.
  • The International Seabed Authority (ISA) oversees deep sea mineral exploration and exploitation in the international seabed region outside of the purview of national sovereignty.
Data and facts
  • India's coal production increased by 8.55 percent to 777.31 million tonnes (MT) in FY 2021–22.
  • As of 2021, India was the second-largest coal producer in the world.
  • India's mineral production is anticipated to total Rs. 190,392 crore (USD 24.95 billion) in FY22.
  • In terms of iron ore production, India comes in fourth place worldwide. The amount of iron ore produced in FY21 was 204.48 MT.
  • India was the world's second-largest producer of aluminium in FY21 with combined primary and secondary production of 4.1 MT annually.
Way ahead
  • Drones, GPS, and other cutting-edge technologies can all be used to monitor and find unlawful mining activity.
  • To better deter unlawful mining, the legal and regulatory system surrounding mining needs to be tightened.
  • It can be accomplished by passing stricter legislation, enhancing enforcement techniques, and stiffening fines for illicit mining operations.
  • To address their concerns and make sure their operations are sustainable, mining firms should collaborate extensively with the local community.

Source: The Hindu

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