Category: Governance

More than 25,000 internship opportunities have been advertised under the TULIP program so far.

About

• TULIP is a portal developed collaboratively by the Ministry of HRD, the Ministry of Housing and Urban Affairs, and the All India Council for Technical Education (AICTE).
• It contributes to reaping the benefits of India’s demographic dividend, as the country is on track to have the world’s largest working-age population in the coming years.
• It contributes to the increased marketability of Indian graduates and the development of a potential talent pool in fields such as urban planning, transportation engineering, the environment, municipal finance, and so on.
• It contributes to the government’s efforts to strengthen community partnerships and government-academia-industry-civil society ties.

Need for such a program

• India has a large number of technical graduates who need exposure to real-world project implementation and planning for professional development.
• General education may not accurately reflect the breadth of productive knowledge available in society.
• Rather than approaching education as “doing by learning,” our societies must reimagine education as “learning by doing.”

Source: https://www.pib.gov.in/PressReleasePage.aspx?PRID=1885831

The government has decided to provide free foodgrains to all 81 crore beneficiaries covered by the National Food Security Act (NFSA) for one year after discontinuing the Pradhan Mantri Garib Kalyan Anna Yojana (PMGKAY).

PMGKAY

• PMGKAY is a food security welfare scheme announced by the Government of India in March 2020, during India’s COVID-19 pandemic.
• The programme is managed by the Ministry of Consumer Affairs, Food and Public Distribution’s Department of Food and Public Distribution.
• Because of the scope of this welfare scheme, it is the world’s largest food security programme.

Targets

• To feed India’s poorest citizens by distributing grain through the Public Distribution System to all priority households (ration card holders and those identified by the Antyodaya Anna Yojana scheme).
• PMGKAY provides 5 kg of rice or wheat per person/month (depending on regional dietary preferences) and 1 kg of dal to each family with a ration card.

Success of the scheme

• Pandemic mitigation: When the pandemic hit India, this was the first step taken by the government.
• A diverse group of people benefited from the scheme, which fed nearly 80 million people.
• Migrant assistance: It has proven to be more of a safety net for migrant people who have lost their jobs and livelihoods.
• Food and nutrition security: This has also ensured nutrition security for migrant workers’ children.

Drawbacks of the scheme

• Corruption: The scheme has been affected by widespread corruption, leakages and failure to distribute grain to the intended recipients.
• Leakages: Only 55 crore of the 79.25 crore beneficiaries under the National Food Security Act (NFSA) have received their 5 kg.
• Inaccessibility: Many people were denied their fair share due to a lack of ration cards.
• Low consumption: As a result of job losses, aggregate demand fell, resulting in the lowest ever consumption expenditure by the people due to a lack of cash.
• Resale of subsidized grains: This resulted in the sale of free grains obtained in local markets for cash.

National Food Security (NFS) Act

• The National Food Security Act of 2013 aims to provide subsidized food grains to roughly two-thirds of India’s 1.2 billion people.
• It became law on September 12, 2013, retroactive to July 5, 2013.
• It converts into legal entitlements for the Government of India’s existing food security programs.
• The Midday Meal Scheme, Integrated Child Development Services (ICDS), and the Public Distribution System are all part of it (PDS).
• Furthermore, the NFSA 2013 recognizes maternity benefits.
• The Midday Meal Scheme and the ICDS are both universal, whereas the PDS will reach approximately two-thirds of the population (75% in rural areas and 50% in urban areas).
• Daily free cereals are available to pregnant women, lactating mothers, and certain categories of children.

Key provisions

• The NFSA gives people who live in “eligible households” the legal right to receive subsidized foodgrains.
• Under the Targeted Public Distribution System, rice costs Rs 3/kg, wheat costs Rs 2/kg, and coarse grain costs Rs 1/kg (TPDS).
• These are known as central issue prices (CIPs). 

Source: https://kj1bcdn.b-cdn.net/media/82848/grains-8uy.jpg?format=webp&width=1280

The Chief Justice of India recently expressed concern about the POCSO Act’s age of consent. The CJI asked parliament to reconsider the age under the POCSO act.

What are the issues concerning the age of consent?

• Criminalization of romantic relationships: Under POCSO, the Madras, Delhi, and Meghalaya High Courts have flagged cases involving the criminalization of romantic relationships between or with adolescents.
• AK v. State Govt of NCT of Delhi: In AK v. State Govt of NCT of Delhi (order by Justice Jasmeet Singh), the Delhi High Court stated on November 12 that the purpose of POCSO was to protect children under the age of 18 from sexual exploitation, not to criminalize romantic relationships between consenting young adults.
• The government has stated that it has no plans to change the consent age.
• Blanket ban on anticipatory bail: A recent criminal law amendment in Uttar Pradesh imposed a blanket ban on granting anticipatory bail to rape suspects, further injuring the already injured.

Problems related to age of consent and POCSO Act

• Criminalization of sexual act: POCSO criminalizes both exploitative sexual practice and general sexual expression by an adolescent.
• Overlooking the voluntary sexual act: Criminal law has been used to silence or regulates a non-exploitative consensual sexual relationship between a minor girl.
• Abuse of the POCSO act: The court’s obiter that POCSO has become a tool in the hands of certain sections of society to abuse the legal process is supported by other courts as well.
• Victimization of girls: Legislators should pay attention to the cumulative victimization of the “consenting” girl.

Today’s reality of adolescent sexual life and legal mismatch

• Increased consent age: The consent age was raised from 10 to 12 to 14 to 16 to 18 years by the 2013 amendment, in order to comply with the then-newly legislated POCSO Act.
• Minor girl consent is illegal: Because the law disregards the likelihood of a minor girl engaging in sexual activity voluntarily, she is desexualized.
• Ignoring social reality: The law that criminalizes adolescent sexuality either ignores or pretends to ignore social reality.
• Sexual experience before the age of consent: According to the NFHS-5, 39% of women had their first sexual experience before the age of 18. The same survey provides additional evidence of sexual engagement among unmarried adolescent girls by reporting contraception use by 45% of unmarried girls aged 15 to 19.

Way forward

• Separate procedure for POCSO Act: When dealing with POCSO cases, it is necessary to develop a separate procedure for children.
• It is best to avoid victimization: Romantic” lovers in a mutually consenting relationship should not be victims of criminal justice system abuse.

@the end

The age of consent is a contentious issue that cannot be decided solely by judges and the judiciary. Sexual education for children and adolescents is urgently needed. We must fight the taboo against sex and engage in sex debate.

Source: https://www.thehindu.com/news/national/parliament-must-examine-age-of-consent-issue-says-chief-justice-of-india/article66248216.ece

• The death toll in the latest hooch tragedy in “dry” Bihar has risen to 38. Alcohol is completely prohibited in Bihar.

Alcohol ban in India

• Alcohol prohibition has a long history in India, and it is one of the Directive Principles of State Policy in the Constitution, as well as one of the key Gandhian principles.
• “Alcohol makes a man forget himself, and while its effects last, he becomes utterly incapable of doing anything useful,” Gandhi wrote. Those who drink ruin themselves and their communities.”

How the Indian constitution views alcohol?

• According to one of the DPSP, “the State shall endeavour to bring about the prohibition of the consumption of intoxicating drinks and drugs which are harmful to health, except for medicinal purposes.”
• While DPSPs are not legally enforceable in and of themselves, they do set goals for the state to strive for in order to create conditions in which citizens can live a good life.
• According to the Seventh Schedule, alcohol is a state subject, which means that state legislatures have the authority and responsibility to enact legislation on the subject.
• This includes “the production, manufacture, possession, transportation, purchase, and sale of intoxicating liquors.
• As a result, alcohol laws vary from state to state, spanning the entire spectrum from prohibition to private sale.

Why do all states not have prohibition?

Ans. Huge Liquor Revenues

• While the Constitution makes prohibition on alcohol a goal, most states find it difficult to declare a prohibition on alcohol.
• This is primarily due to the fact that liquor revenues are difficult to ignore and have consistently contributed a significant portion of state government revenue.
• In Maharashtra, for example, state liquor revenues totaled Rs 11,000 crore in April 2020 (during the nationwide Covid lockdown), compared to Rs 17,000 crore in March.
• The state government attributed much of the drop to the closure of liquor stores, later classifying them as a necessary service due to the industry’s contribution to tax revenues.
• The Maharashtra government collected Rs 11 crore in liquor sales revenue on the first day of reopening liquor stores.

States with complete ban

Every state has laws governing the consumption and sale of alcoholic beverages (like age requirements or dry days).

Currently, five states have total prohibition and several others have partial prohibition:

• Bihar
• Gujarat
• Lakshadweep
• Mizoram
• Nagaland

Partial prohibitions in some states

• Karnataka, for example, has a partial prohibition and specifically banned country-made arrack in 2007.
• Wardha and Gadhricholi districts in Maharashtra have banned the production and sale of liquor.
• Prohibition exists in the districts of Bishnupur, Imphal East, Imphal West, and Thoubal in Manipur.
• Kerala’s then-CM Oomen Chandy announced in 2014 that prohibition would be phased in.
• However, the state has since broken its promise.

Reason behind Bihar Alcohol Ban

• One of the causes of the tragedy, according to critics, is the state’s prohibition policy.
• An official prohibition on alcohol creates a thriving underground economy where such bogus alcohol is manufactured and sold.

• There won’t be any Vacation Benches accessible at the supreme court during the winter break, according to Chief Justice of India D. Y. Chandrachud.
• A special Supreme Court bench appointed by the Chief Justice of India is known as a vacation bench.
• The summer and winter recesses, which the court takes twice a year, are technically not closed to the public.
• The Supreme Court is still a venue for litigants, and the Vacation Bench hears the case on the merits if the court determines that the plea is a “urgent matter.”
• While the term “urgent matter” lacks a precise definition.
• The court typically accepts writs pertaining to habeas corpus, certiorari, prohibition, and quo warranto proceedings for the enforcement of any fundamental right while it is off on holiday.

Legal Provisions

• According to Rule 6 of Order II of The Supreme Court Rules, 2013, the Chief Justice has designated the Division Benches for the consideration of urgent unrelated cases as well as regular hearing matters during the summer break.
• The rule states that the CJI may appoint one or more judges to hear all urgent cases that, under these rules, may be heard by a judge sitting alone during the summer or winter holidays.
• Additionally, when required, he may name a Division Court to hear urgent cases that must be heard by a bench of judges while the court is off.

Who else may serve as a vacation bench?

• There are Vacation Benches available for both the High Courts and trial courts to consider urgent cases that fall under their purview.

Has anyone ever judged history from a bench on vacation?

• The Supreme Court’s vacation benches have also penned illustrious judgments.
• One of the most well-known instances is when, in June 1975, a Vacation Bench Judge rejected PM Indira Gandhi’s request to suspend an Allahabad High Court judgement invalidating her election—a decision that led to the Emergency.
• A Constitution Bench of the court had heard the triple talaq case during vacation days.

Issues with court vacations

• Huge backlog of cases: Taking long, frequent vacations does not seem good, especially in view of the backlog of cases and the slow pace of the court process.
• Adding to existing delays: For the average litigant, the holiday will result in additional, inescapable delays in listing cases.

Arguments in favour

• Judges’ rejuvenation: Lawyers have frequently claimed that vacations are essential for judges’ regeneration because their employment requires intellectual rigour and lengthy hours.
• Judges often put in more than 10 hours a day at their jobs. They work in court from 10.30 am to 4 pm, but they also spend some time the night before getting ready.
• Getting ready for judgments: The claim that judges use their time off to draught decisions is one that is regularly expressed.
• When the court is in session, judges do not take leave of absence like other employed individuals do, according to another argument.
• Socialization: Judges hardly ever take the day off for social events; the only exceptions are family tragedies and serious health issues.
• The tenancy is unaffected: According to data, the Supreme Court typically decides the same number of cases that are brought before it in a given year.

Changing the vacation provision

• The Justice Malimath Committee, established in 2000 to make recommendations for changes to the criminal justice system, requested that the vacation period be shortened by 21 days.
• It was proposed that the Supreme Court sit for 206 days a year and the High Courts for 231 days.
• The Law Commission of India, presided over by Justice A R Lakshmanan, urged for reform of this system in its 230nd report in 2009.
• Given the staggering backlog, it was said that vacations in the higher courts must be reduced by at least 10 to 15 days and that court hours must be increased by at least 30 minutes.
• The Supreme Court’s new rules, which were announced in 2014, said that the summer vacation duration could no longer exceed seven weeks, down from the previous 10-week limit.

The newly established Intercaste/Interfaith Marriage-Family Coordination Committee (state level) will only be tasked with gathering data on interfaith marriages, the Maharashtra government has determined in response to a report in this publication.

Intercaste/Interfaith Marriage-Family Coordination Committee

• Work under the Women and Child Development Ministry: The state’s Women and Child Development Ministry will oversee the renamed Interfaith Marriage-Family Coordination Committee.
• Will Track frauds: The committee purports to track fraud committed in the name of love jihad in addition to offering support and rehabilitation when necessary.
• Following the Shraddha Walkar case, which was made public in November, there was a development. Aaftab Poonawalla, Walkar’s live-in boyfriend, killed the 26-year-old in May 2022.
• Other states that have anti-conversion laws: States like Uttar Pradesh and Uttarakhand have already passed anti-conversion laws.

What is jihad in love?

• Activists frequently refer to a Muslim man’s attempt to seduce a Hindu woman into marrying him as “love jihad” in order to make their case.

How the initiative will work?

• Will gather and preserve information about interfaith unions and guarantee communication: The ladies in intercaste/interfaith marriages and their families will have a forum to obtain counselling, communicate, and find solutions thanks to this programme.
• The committee will meet frequently: The committee’s duties include meeting with district authorities, reviewing work on seven factors, receiving data from stamp duty and registrar offices regarding interfaith or intercaste marriages, and gathering data on such registered or unregistered marriages, among other things.

Concerns

• Control over people’ lives: This level of vigilance is another another sign of the State’s excessively growing and wholly intolerable interest in, and desire for, control over citizens’ lives.
• Denying women’s own choice: This tacit rejection that a woman’s decision for a partner comes from her own free will and not as a result of coercion not only violates one’s rights to freedom and equality, but it also reeks of misogyny.
• Committee may be armed: The IPC is available for all legitimate complaints, allowing the committee to become armed.
• It will restrict both men’s and women’s freedoms: Monitoring a citizen’s life is a cautionary tale in every way, a limitation on men’s and women’s freedoms intended to stop them from living more fulfilling, freer lives.

Right to Marriage

• Under Article 21 of the Indian Constitution, the right to marriage is a component of the right to life.
• As an essential component of the Right to Life: According to many courts across the nation, Article 21’s right to marriage is an essential component of the right to life.
• According to the Human Rights Charter: Within the context of the right to begin a family, the Human Rights Charter also states that the right to marriage is protected.
• The freedom to marry is a universal right that is available to all people, regardless of gender.
• Forced unions are forbidden: The freedom to marry is recognised by both Hindu and Muslim laws in India, and forced marriages are prohibited by several personal marriage laws.

How does the Constitution preserve the right to practise one’s religion?

• The right to “freely profess, practise, and promote religion” is protected under Article 25(1) of the Constitution.
• It is a privilege that ensures a negative liberty, which implies that the government must make sure that exercising this freedom is not impeded or interfered with.
• Like all fundamental rights, this one may be curtailed by the government for the sake of public order, morality, decency, or other state interests.

@the-end

Politics and communalism have long coexisted, therefore it would be absurd to try to limit that sense of possibility and openness by demeaning individual freedom of choice. To solve the problems caused by interfaith marriages, an original and inclusive strategy is required.

• Due to an acid assault in Delhi, the horrible crime of acid attacks and the accessibility of corrosive substances have once again come into sharp attention.
• An acid attack, also known as an acid throwing, vitriol attack, or vitriolage, is a type of violent assault in which the victim is subjected to acid or another material that is equally corrosive being thrown over the victim’s body.
• It intends to torture, kill, or disfigure people.
• The victims of these attacks are typically struck in the face with corrosive liquids that burn and damage skin tissue, frequently exposing and occasionally dissolving the bones.
• Sulphuric and nitric acid are the two types of acid that are most frequently utilised in these attacks.
• While occasionally employed, hydrochloric acid is significantly less harmful.

How prevalent are acid attacks in India?

• Despite being abhorrent, acid attacks on women are not as common as other crimes against women.
• The National Crime Records Bureau (NCRB) has collated statistics showing that 150 similar occurrences were reported in 2019, 105 in 2020, and 102 in 2021.
• The biggest number of these instances are continuously reported in West Bengal and Uttar Pradesh, accounting for close to 50% of all cases in the nation on an annual basis.
• In 2019, 83% of acid attacks resulted in charges being filed, and 54% of those charges resulted in convictions.
• The numbers were 86% and 72%, respectively, in 2020.
• The numbers were reported to be 89% and 20%, respectively, in 2021.

The law on acid attacks

• Acid attacks were not considered separate offences until 2013.
• Acid assaults are now covered under a separate provision of the IPC (326A) as a result of changes made to the IPC.
• Such assaults now carry a minimum sentence of 10 years in jail, with a maximum sentence of life, as well as a fine.
• The law also specifies penalties for failing to provide victims with care or for police personnel who decline to file a FIR or document any evidence.
• Dereliction of duty by a police officer is punishable by jail for up to two years, while denial of treatment (by both public and private institutions) is punishable by up to one year in prison.

Creating deterrence against acid attack

(1) Clear rules

• In 2013, the Supreme Court issued a ruling regulating the sale of caustic substances after taking notice of acid attacks.
• Based on the directive, the MHA created the Model Poisons Possession and Sale Rules, 2013 in accordance with The Poisons Act, 1919, and issued a directive to all states on how to govern acid sales.
• Given that states had jurisdiction over the issue, it requested that they develop their own regulations based on model regulations.

(2) Regulation of acid sale

• MHA issued a warning to all states in 2015 to quicken the criminal justice process in cases of acid assaults.
• The MHA’s guidelines and the model rules state that over-the-counter sales of acid are prohibited unless the seller keeps a logbook or register documenting those sales.
• The information of the person to whom acid is supplied, the amount sold, the person’s address, and the justification for obtaining acid were all to be recorded in this notebook.
• Additionally, the purchaser must provide documentation proving that they are older than 18 years old.

(3) Effective monitoring

• Additionally, sellers must notify the relevant Sub-Divisional Magistrate (SDM) of all acid stock within 15 days of discovering any stock that has not been reported.
• For a violation of any of the instructions, the SDM has the authority to seize the stock and, if necessary, impose a fine of up to Rs 50,000.

Rules for victim compensation and care

• Free care: States are required to make sure that any hospital, public or private, that treats acid attack victims provides free care.
• Aftercare and rehabilitation: In accordance with Supreme Court directives, the MHA requested states to guarantee that the State Government or UT in question pays acid attack victims at least Rs. 3 lakhs in compensation.
• Funding for NGOs: MHA recommended that states include social integration programmes for victims, for which NGOs might get funding to only handle their rehabilitation needs.

Preventing such attacks

• The laws governing the sale of acid are still expanding, although they mostly aid in finding the accused rather than in preventing crime.
• Regulatory stumbling blocks In many locations, acid is still readily available. Then, these crimes are motivated crimes. Most of the time, the accused is not even considering the implications.

Way ahead

• The situation is getting better as a result of shifting social norms and police efforts to curb crimes against women.
• But society will always have the answer to this issue.
• We need to raise awareness. Parents need to instil in their kids the value of limits and consent.

• The Ministry of Road Transport and Highway has announced new regulations to broaden the application of the BH series car registrations.

Update

• In accordance with new regulations suggested by the transport ministry, vehicles with the BH series registration mark may be transferred to either eligible or ineligible parties.

Bharat series (BH-series)

• When moving to a different state, a car has to be re-registered.
• When the owner of a vehicle changes States, a vehicle with the BH registration mark does not need to be assigned a new registration mark.

Format of Bharat series (BH-series) Registration Mark –

• Registration Mark Format:
• YY BH #### XX
• YY – Year of first registration
• BH- Code for Bharat Series
• ####- 0000 to 9999 (randomized)
• XX- Alphabets (AA to ZZ)

Reasons for such move

• Changing stations happens to personnel in the public and private sectors.
• When it comes to the transfer of registration from the parent state to another state, such movements make these employees feel uneasy.
• A person is only permitted to maintain a vehicle in a state other than the one in which it is registered for a maximum of 12 months under section 47 of the Motor Vehicles Act of 1988.

Who can get this BH series?

• Defense personnel, employees of the Central Government, State Government, Central/State PSUs, and private sector businesses/organizations will all have access to the BH-series on a voluntary basis.
• The motor vehicle tax is imposed for a period of two years or a multiple of two years.
• As soon as a person relocates to a new State or UT in India, this scheme will enable unrestricted personal vehicle transportation between such States/UTs.
• A motor vehicle tax equal to half of what was previously assessed for that vehicle will be imposed yearly after the completion of the fourteenth year.

Source—https://www.livemint.com/news/india/road-ministry-notifies-new-rules-on-bh-series-registration-mark-for-vehicles-11671171036029.html

The ease of living made possible by digital technologies has made previously innovative digital services necessary for the general population. Previously thought of as a curiosity, the internet is now required for the majority of daily activities.

Internet access and restrictions

• In the past few decades, a variety of gateways have emerged in the shape of telecom service providers, personal computers and cellphones, operating systems, etc. to provide access to the internet.
• The openness of the internet is jeopardised when these gateways enable and restrict access to other gateways or networks.
• As a result, they change from serving as a facilitator to a regulator, or a doorway to a gatekeeper. Therefore, a code of behaviour or regulation is required to maintain an even playing field that is open to all.

Analysis: Telecoms and Government

• Providers of telecom services: Telecommunications firms have played a crucial role in opening up access to fundamental communication services like voice calls, internet data, and text messages.
• Government regulation of the telecom industry: Governments from all over the world have occasionally taken action to control these organisations to ensure that the public has democratic access. The internet would not be what it is today if these gateway providers were not subject to this code of behaviour. These providers would have transformed into gatekeepers, controlling the internet and stifling innovation and the spread of democracy.
• Code of conduct cannot keep up with the rate of advancement of digital technology: The code of conduct and laws can’t keep up with the new gateway providers that are arising given how quickly digital technologies are changing. Platforms for distributing smartphone applications are one such instance.
• Bigtech benchmarks aid in bringing some cleanliness to mobile apps: The market for app stores is dominated by Google and Apple, the two leading operating systems for smartphones. They established best practises to guarantee fundamental cleanliness for mobile applications, upheld standards of excellence for the information on their operating systems, and protected the interests of their users.
• However, without sufficient laws to watch how they decide on what should be weeded out and whose interests should be protected, it’s a slippery slope without full proof regulation.

Indian government forwards a policy on net neutrality

• Enforcing a telecoms code of conduct Closer to home, the Indian government’s policy on net neutrality, which, among other things, requires that telecom networks be neutral to all the information being transferred across them, is another example of the implementation of this code of conduct on providers.
• Net neutrality refers to the principle that all communication flowing via a network should be treated similarly, regardless of its content, application, service, device, sender, or recipient address. By adopting Net Neutrality, we made sure that we stood up for democracy in the face of Big Tech.

Distribution platforms’ dubious methods

• Practices carried out without users’ consent: The use of payment gateway limits, advertising preferences, app policies, and other components of an application or business that could be viewed as discriminatory in both theory and reality.
• One such instance is a Goggle’s Update: The Google Play Store’s payment policies were recently deemed to be “unfair and discriminatory” in a study presented to the Competition Commission of India. All applications on Google’s platform were required to use its payment systems for any kind of in-app payments or subscriptions as per an amendment to Google’s Play Store billing policy in September 2020.
• Similar issues have been made regarding Apple’s App Store, since both stores are allegedly charging up to 30% commission on all payments completed.
• The bigtechs’ monopoly on the market and one-sided control over smartphone apps: The global market share of smartphone operating systems is dominated by Google and Apple (OS). As a result, they now have sole authority over the distribution of mobile applications for their operating system.
• Developers are compelled to abide by the rules set forth by these large tech gatekeepers: Bigtechs require developers to alter their applications or use their exclusive advertising engines in order for their applications to be released. Various smartphone application-dependent businesses and developers continue to be vulnerable to such internal business policy changes on these platforms, as is obvious from the overnight change in Google’s charging policy.

The Digital Markets Act (DMA) of the European Union serves as a model.

• Recognizing these worries, the European Union recently passed the Digital Markets Act, which is scheduled to go into effect at the beginning of 2023.
• Aims to maintain competitiveness in the digital market: Through ex-ante regulation, the Digital Markets Act legislation seeks to maintain the competitiveness and innovation of the digital market.
• Prohibit anti-competitive behaviour: The DMA will forbid the biggest digital platforms from engaging in the most damaging anti-competitive behaviour.
• The goal is to maintain equilibrium between these platforms, which govern access to digital markets, and the businesses that provide their services there.

@the-end

Through the innovative and disruptive digital public goods it has produced, the Indian government has made great strides toward maintaining its sovereignty. Names on this list include Aadhaar, UPI, DigiLocker, and CoWIN, to name just a few. However, there is still a considerable reliance on a variety of digital services made possible by big international tech businesses. A level playing field must be ensured, and the government must create the necessary rules to prevent innovative gateways from becoming oppressive gatekeepers.

Source—https://indianexpress.com/article/opinion/columns/centre-internet-accessible-to-all-8329022/

In order to achieve an unified civil code (UCC), states are permitted to introduce personal laws that address matters like succession, marriage, and divorce. This was stated before the Rajya Sabha by the Law Minister.

What did Law Minister say?

• Entry 5 of List-III-Concurrent List of the Seventh Schedule to the Constitution relates to personal laws such as intestacy and succession, wills, joint families and division, marriage, and divorce.
• As a result, the States have the authority to pass laws related to them.
• Additionally, many states have stated in their electoral manifestos that they will incorporate UCC.

Uniform Civil Code (UCC)

• A UCC would establish a single personal civil law for the entire nation.
• This would apply to all religious communities’ private affairs, such as adoption, inheritance, marriage, and divorce.
• The state shall endeavour to secure a UCC for the citizens throughout the territory of India, according to Article 44 of the Constitution’s Directive Principles.
• Although these, as defined in Article 37, are not justiciable (that is, they cannot be enforced by a court), the concepts outlined therein are crucial to good administration.

UCC vs. Right to Freedom of Religion

• An individual’s basic right to religion is outlined in Article 25.
• Each religious group, or any subset thereof, is guaranteed the ability to “conduct its own affairs in terms of religion” by Article 26(b).
• The right to preserve distinctive culture is defined in Article 29.

Rational restrictions on the Freedom of Religion

• A group’s freedom under Article 26 has not been subject to other FRs, although an individual’s freedom under Article 25 is subject to “public order, health, morality,” and other FR-related regulations.
• There was disagreement in the Constituent Assembly over whether or not to include UCC in the chapter on fundamental rights. A vote was taken to decide the issue.
• By a vote of 5:4, the fundamental rights subcommittee, which is chaired by Sardar Patel, determined that the clause fell beyond the purview of FRs, diminishing the significance of the UCC.

Enacting and Enforcing UCC

• A court of law may enforce fundamental rights.
• The phrase “state shall endeavour” appears in Article 44, whereas other articles in the chapter on “Directive Principles” use phrases like “in particular strive,” “shall in particular direct its policy,” “shall be responsibility of the state,” etc.
• Article 43 states that the “state shall endeavour through adequate legislation,” however Article 44 does not include the words “by suitable legislation.”
• All of this suggests that the state’s responsibility extends beyond Article 44 to other directive concepts.

Fundamental rights or directive principles

• Fundamental rights are unquestionably more significant.
• The Indian Constitution is built on a foundation of balance between Parts III (Fundamental Rights) and IV, the Supreme Court ruled in Minerva Mills (1980). (Directive Principles).
• Giving one thing absolute precedence over another would disrupt the Constitution’s balance.
• However, Article 31C, which was added by the 42nd Amendment in 1976, states that a law cannot be contested on the grounds that it violates the FRs under Articles 14 and 19 if it is made to implement any directive concept.

Why need UCC

• All citizens would have same status under UCC.
• Gender parity in Indian society would be encouraged.
• The young population’s aspirations, which are influenced by liberal ideology, would be accommodated by UCC.
• Therefore, its implementation would aid in national integration.

Obstacles to UCC implementation

• Due to India’s diversity of religions and cultures, there are practical challenges.
• Minorities frequently view the UCC as an infringement on their right to practise their religion.
• It is frequently viewed as the state meddling in minority’ personal affairs.
• The timing is not yet right, according to experts, for Indian society to accept such UCC.
• These issues must be addressed because they are now being entirely disregarded by the noise surrounding UCC.
• First, how can personal laws be made uniform without affecting the unique characteristics of each and every part of society?
• Second, why do we think one community’s customs are outdated and unjust?
• Thirdly, has other uniformities been able to eradicate inequalities which diminish the status of our society as a whole?

Way ahead

• According to contemporary liberal conceptions, it should be the responsibility of the religious intelligentia to inform the community about its rights and obligations.
• The government must create a favourable climate for the UCC by clarifying the details and importance of Article 44 while maintaining everyone’s trust.
• Social changes don’t happen overnight; they happen gradually. They are frequently susceptible to media ills like false information and misinformation.
• Our country’s social cohesion and cultural diversity must come first.