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Monthly DNA
23 Jul, 2020
32 Min Read
GS-Paper-2 Governance Women and law
The Muslim Women (Protection of Rights on Marriage) Bill, 2019 became the first legislation to be tabled in Parliament by the Narendra Modi dispensation in its second term, with Law Minister Ravi Shankar Prasad asserting the legislation was a must for gender equality and justice. The bill was introduced following a division of votes, with 186 members supporting and 74 opposing it. The bill was introduced in the lower house to replace an Ordinance issued in February by the previous BJP-led NDA government. The Bill was earlier introduced in December 2017 but owing to the dissolution of the 16th Lok Sabha last month, the previous bill had lapsed as it was pending in the Rajya Sabha. The government had promulgated the Ordinance on triple talaq twice — in September 2018 and in January 2019 — as the contentious bill remained pending in the Rajya Sabha, though it was passed by the Lok Sabha. The Bill proposes to make the practice of instant triple talaq a penal offence.
What’s the issue all about- A brief history:
The case dates back to 2016 when the Supreme Court had sought assistance from the then Attorney General Mukul Rohatgi on pleas challenging the constitutional validity of “triple talaq”, “nikah halala” and “polygamy”, to assess whether Muslim women face gender discrimination in cases of divorce.
Opposing the practice of triple talaq, the Centre told the top court that there is a need to re-look at these practices on grounds of gender equality and secularism.
The Supreme Court later announced the setting up of a five-judge constitutional bench to hear and deliberate on the challenges against the practice of ‘triple talaq, nikah halala’ and polygamy.
The issue gained political momentum on March 2017 when the All India Muslim Personal Law Board (AIMPLB) told the Supreme Court that the issue of triple talaq falls outside the judiciary’s realm and that these issues should not be touched by the court.
However, on August 22, the Supreme Court set aside the decade-old practice of instant triple talaq saying it was violative of Articles 14 and 21 of the Indian Constitution.
A bill in this regard:
In September, the government proposed the Muslim Women (Protection of Rights on Marriage) Bill in Parliament and sought to make triple talaq a punishable offence under the law.
At first, the Bill was passed in the Lok Sabha but it failed to secure a majority in the Rajya Sabha. The Bill was postponed till the winter session of Parliament. Following this, an ordinance was issued by the government after the bill failed to get cleared in Rajya Sabha amid protests by the Opposition.
Key provisions:
The Bill makes all declarations of talaq, including in written or electronic form, to be void (i.e. not enforceable in law) and illegal.
Definition: It defines talaq as talaq-e-bidder or any other similar form of talaq pronounced by a Muslim man resulting in instant and irrevocable divorce. Talaq-e-bidder refers to the practice under Muslim personal laws where pronouncement of the word ‘talaq’ thrice in one sitting by a Muslim man to his wife results in an instant and irrevocable divorce.
Offence and penalty: The Bill makes a declaration of talaq a cognizable offence, attracting up to three years imprisonment with a fine. (A cognizable offence is one for which a police officer may arrest an accused person without a warrant.) The offence will be cognizable only if information relating to the offence is given by: (i) the married woman (against whom talaq has been declared), or (ii) any person related to her by blood or marriage.
The Bill provides that the Magistrate may grant bail to the accused: The bail may be granted only after hearing the woman (against whom talaq has been pronounced), and if the Magistrate is satisfied that there are reasonable grounds for granting bail.
The offence may be compounded by the Magistrate upon the request of the woman (against whom talaq has been declared). Compounding refers to the procedure where the two sides agree to stop legal proceedings, and settle the dispute. The terms and conditions of the compounding of the offence will be determined by the Magistrate.
Allowance: A Muslim woman against whom talaq has been declared, is entitled to seek subsistence allowance from her husband for herself and for her dependent children. The amount of the allowance will be determined by the Magistrate.
Custody: A Muslim woman against whom such talaq has been declared, is entitled to seek custody of her minor children. The manner of custody will be determined by the Magistrate.
Arguments favouring the bill:
Arguments opposing the bill:
Concerns:
The time has come to put an end to the suffering of Muslim women who have been at the receiving end of instant talaq for several years. More than 20 Islamic countries have already banned the practice.
Source: PIB
GS-PAPER-2 China domination (Mains exclusive)
Recently, China has offered Bhutan a “package solution” to its boundary dispute. Although the package solution is not specified, it may be seen as a revival of the 1996 proposal by China for a territory swap.
points
Territory Swap: In 1996, China wanted to exchange the valleys to the north of Bhutan (an area of 495 square kilometres), with the pasture land to the west (including Doklam), totalling 269 square kilometres. The deal would have benefited Bhutan by giving it a larger chunk of land and resolving its tensions with China.
However, it was a big worry for India, as the Doklam swap would have given China access to the strategically sensitive “chicken neck” of the Siliguri corridor.
Repeated Claim Over Sakteng: China also repeated its claim on Bhutan’s eastern boundary at Sakteng. Earlier, China has made the claim over Sakteng at an online meeting of the 58th Global Environment Facility (GEF) Council, while unsuccessfully objecting to the funding request to develop the Sakteng Wildlife Sanctuary project in eastern Bhutan.
China claims that the boundary between China and Bhutan has never been delimited. It has had disputes over the eastern, central and western sectors of Bhutan. However, Bhutan outrightly rejected the claim made by China by saying that Sakteng is an integral and sovereign territory of Bhutan.
According to Bhutan, China and Bhutan have a dispute in only two sectors of the border, one in the north (central) – Pasamlung and Jakarlung, and second in the west – Doklam.
There has been no mention of eastern Bhutan, where Sakteng is based, in 24 previous rounds of boundary negotiations held between the two countries between 1984 and 2016.
Reason Behind the New Offer: The aim may be to pressure Bhutan into concluding a deal quickly on terms of offer, otherwise the claims may keep increasing. A similar offer was made to India on Arunachal Pradesh, which subsequently expanded to include a Chinese claim on Tawang in 1985.
Concerns for India
In 2017 China intruded into the Doklam plateau, which is claimed by Bhutan, leading to a standoff between Indian and Chinese Armies. Even after the India-Bhutan Friendship Treaty of 2007, the Indian military is virtually responsible for protecting Bhutan from the kind of external threat that the Chinese military poses.
According to the India-Bhutan Friendship Treaty of 1949, Bhutan allowed India to "guide" its foreign policy and defence affairs. However, the 1949 treaty was amended in 2007 to respect the sensitivities of Bhutan regarding its sovereignty. Under the India-Bhutan Friendship Treaty of 2007, the two sides have agreed to cooperate closely with each other on issues relating to their national interests.
Neither Government shall allow the use of its territory for activities harmful to the national security and interest of the other. China has said that a third party should not point fingers in the China-Bhutan border issue, which is an apparent reference to India.
Way Forward
Bhutan has protested against Chinese territorial claims in eastern Bhutan and said that it will also contest in future if China refers to the territory as disputed. Safety of the Border from China is a concern for both India and Bhutan. Therefore, both sides need to work together on this issue.
Source: TH
Zero Hunger by 2030: UN Report
GS-Paper-3 Economic development (PT-MIANS)
According to a study titled State of Food Security and Nutrition in the World, hunger and malnutrition is increasing around the world. In this scenario, achieving the Sustainable Development Goal (2) of ‘Zero Hunger’ by 2030 will be very difficult.
The State of Food Security and Nutrition in the World is the most authoritative global study tracking progress towards ending hunger and malnutrition.
**It is produced jointly by the Food and Agriculture Organization (FAO) of the United Nations, the International Fund for Agriculture (IFAD), the United Nations Children’s Fund (UNICEF), the UN World Food Programme (WFP) and the World Health Organization (WHO).
Imp Points
Increasing Hunger:
Steep Rise: The study estimates that almost 690 million people went hungry in 2019 – up by 10 million from 2018, and by nearly 60 million in five years (2014-2019).
Hunger is an uncomfortable or painful physical sensation caused by insufficient consumption of dietary energy. For decades, FAO has used the prevalence of undernourishment indicator to estimate the extent of hunger in the world, thus “hunger” may also be referred to as undernourishment.
Chronic Hunger: There has been no change in the hunger trend since 2000, After steadily diminishing for decades, chronic hunger slowly began to rise in 2014 and continues to do so.
Regional Hotspots: Asia remains home to the greatest number of hunger (381 million). Africa is second (250 million), followed by Latin America and the Caribbean (combined 48 million).
Rate of Hunger: The rate of undernourishment (hunger) in Africa is double compared to Asia and it is expected that by 2030, Africa will be home to more than half of the world’s chronically hungry.
Impact of Covid-19: The Covid-19 pandemic could also push over 130 million more people into chronic hunger by the end of 2020.
Reasons: High costs and low affordability was the main reason behind the hunger.
Increasing Malnutrition:
Affordability: The study estimates that 3 billion people or more cannot afford a healthy diet.
In sub-Saharan Africa and southern Asia, this is the case for 57% of the population.
The key reason behind malnutrition is the high cost of nutritious foods and the low affordability of healthy diets for vast numbers of families.
According to the study, a healthy diet costs far more than USD 1.90/day, which is the international poverty threshold.
It puts the price of even the least expensive healthy diet at five times the price of filling stomachs with starch only.
Impact on Children: According to the study, in 2019, nearly a third of children under five (191 million) were stunted (too short) or wasted (too thin). Another 38 million under-fives were overweight.
Suggestions
Shifting of Diet: A global switch to healthy diets would help check the backslide into hunger while delivering enormous savings. Shift to a healthy diet will reduce the health costs associated with unhealthy diets. The diet related social cost of greenhouse gas emissions, estimated at USD 1.7 trillion, could also be cut by up to three-quarters by 2030.
Transform Food Systems: The transformation of food systems will not only reduce the cost of nutritious foods but also increase the affordability of healthy diets.
The study calls on governments:
Way Forward
This study is the reminder that such a huge percentage of humanity is still going hungry and should be a wake up call for the government in particular and society in general. Innovative strategies such as shifting towards Smart Food is the need of the hour, which is highly nutritious and will certainly help to reduce hunger.
Source: WHO
Study: Punjab’s law plays ‘minimal role’ in spiking Delhi’s pollution
Context:
Reasons:
Conclusion:
Source: TH
The replacement valve is delivered via one of several access methods:
Source: TH
GS-PAPER-2 Governance – DPSP (PT-MAINS)
A Uniform Civil Code means that all sections of the society irrespective of their religion shall be treated equally according to a national civil code, which shall be applicable to all uniformly.
They cover areas like- Marriage, divorce, maintenance, inheritance, adoption and succession of the property. It is based on the premise that there is no connection between religion and law in modern civilization.
Background
Historical perspective – The debate for a uniform civil code dates back to the colonial period in India.
So while criminal laws were codified and became common for the whole country, personal laws continue to be governed by separate codes for different communities.
Some of the reforms of this period were:-
The Hindu code bill -The bill was drafted by Dr.B R Ambedkar to reform Hindu laws, which legalized divorce, opposed polygamy, gave rights of inheritance to daughters. Amidst intense opposition of the code, a diluted version was passed via four different laws.
Succession Act-The Hindu Succession Act, 1956, originally did not give daughters inheritance rights in ancestral property. They could only ask for a right to sustenance from a joint Hindu family. But this disparity was removed by an amendment to the Act on September 9, 2005
The Hindu Marriage Act
Minority and Guardianship Act
Adoptions and Maintenance Act
Special Marriage Act:
Shah Bano case (1985):-
A 73-year-old woman called Shah Bano was divorced by her husband using triple talaq (saying “I divorce thee” three times) and was denied maintenance. She approached the courts and the District Court and the High Court ruled in her favour. This led to her husband appealing to the Supreme Court saying that he had fulfilled all his obligations under Islamic law.
The Supreme Court ruled in her favour in 1985 under the “maintenance of wives, children and parents” provision (Section 125) of the All India Criminal Code, which applied to all citizens irrespective of religion. Further, It recommended that a uniform civil code be set up.
Facts about the case:
Impact – After this historic decision, nationwide discussions, meetings and agitations were held. The then government under pressure passed The Muslim Women’s (Right to protection on divorce ) Act (MWA) in 1986, which made Section 125 of the Criminal Procedure Code inapplicable to Muslim women.
The Constitution of India on the Uniform Civil Code
Part IV, Article 44 of the Constitution states that “The State shall endeavour to secure the citizen a Uniform Civil Code throughout the territory of India”.
However, Article 37 of the Constitution itself makes it clear the DPSP “shall not be enforceable by any court”. Nevertheless, they are “fundamental in the governance of the country”. This indicates that although our constitution itself believes that a Uniform Civil Code should be implemented in some manner, it does not make this implementation mandatory.
In NEWS
Last week, while hearing a matter relating to properties of a Goan, the Supreme Court described Goa as a “shining example” with a Uniform Civil Code, observed that the founders of the Constitution had “hoped and expected” a Uniform Civil Code for India but there has been no attempt at framing one.
Goa Civil Code
Goa is the only Indian state to have a UCC in the form of common family law. The Portuguese Civil Code that remains in force even today was introduced in the 19th century in Goa and wasn’t replaced after its liberation.
Features-
However, the code has certain drawbacks and is not strictly a uniform code. For example, Hindu men have the right to bigamy under specific circumstances mentioned in Codes of Usages and Customs of Gentile Hindus of Goa (if the wife fails to deliver a child by the age of 25, or if she fails to deliver a male child by the age of 30). For other communities, the law prohibits polygamy.
Uniform Civil Code and Arguments For & Against
Arguments in favour of the Uniform Civil Code:
Does India not already have a uniform code in civil matters?
Indian laws do follow a uniform code in most civil matters – Indian Contract Act, Civil Procedure Code, Sale of Goods Act, Transfer of Property Act, Partnership Act, Evidence Act etc. States, however, have made hundreds of amendments and therefore in certain matters, there is diversity even under these secular civil laws. Recently, several states refused to be governed by the uniform Motor Vehicles Act, 2019.
If the framers of the Constitution had intended to have a Uniform Civil Code, they would have given exclusive jurisdiction to Parliament in respect of personal laws, by including this subject in the Union List. But “personal laws” are mentioned in the Concurrent List.
Last year, the Law Commission concluded that a Uniform Civil Code is neither feasible nor desirable.
Why is UCC may not desirable at this point?
Secularism cannot contradict the plurality prevalent in the country. Besides, cultural diversity cannot be compromised to the extent that our urge for uniformity itself becomes a reason for threat to the territorial integrity of the nation.
The term ‘secularism’ has meaning only if it assures the expression of any form of difference. This diversity, both religious and regional, should not get subsumed under the louder voice of the majority. At the same time, discriminatory practices within a religion should not hide behind the cloak of that faith to gain legitimacy.
How does the idea of a Uniform Civil Code relate to the fundamental right to religion?
Article 25 lays down an individual’s fundamental right to religion; Article 26(b) upholds the right of each religious denomination or any section thereof to “manage its own affairs in matters of religion”; Article 29 defines the right to conserve distinctive culture.
An individual’s freedom of religion under Article 25 is subject to “public order, health, morality” and other provisions relating to fundamental rights, but a group’s freedom under Article 26 has not been subjected to other fundamental rights
In the Constituent Assembly, there was division on the issue of putting Uniform Civil Code in the fundamental rights chapter. The matter was settled by a vote. By a 5:4 majority, the fundamental rights sub-committee headed by Sardar Vallabhbhai Patel held that the provision was outside the scope of fundamental rights and therefore the Uniform Civil Code was made less important than freedom of religion.
What is needed now?
Need of the hour is the codification of all personal laws so that prejudices and stereotypes in every one of them would come to light and can be tested on the anvil of fundamental rights of the Constitution. By codification of different personal laws, one can arrive at certain universal principles that prioritise equity rather than imposition of a Uniform Code, which would discourage many from using the law altogether, given that matters of marriage and divorce can also be settled extra-judicially.
Suggestions for Implementing a Uniform Civil Code:
To realize the goals of the DPSP and to maintain the uniformity of laws, the following suggestions need immediate consideration:
The Way Forward for UCC: Gradual Change
India has a unique blend of codified personal laws of Hindus, Muslims, Christians, Parsis. There exists no uniform family-related law in a single statute book for all Indians which is acceptable to all religious communities who co-exist in India. However, a majority of them believe that UCC is definitely desirable and would go a long way in strengthening and consolidating the Indian nationhood. The differences of opinion are on its timing and the manner in which it should be realized.
Instead of using it as an emotive issue to gain political advantage, political and intellectual leaders should try to evolve a consensus. The question is not of minority protection, or even of national unity, it is simply one of treating each human person with dignity, something which personal laws have so far failed to do.
Source: PIB
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