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The Supreme Court held that its extraordinary discretion under Article 142 of the Constitution can be used to do “complete justice” for couples trapped in bitter marriages by granting them divorce by mutual consent, sparing them the “misery” of waiting for six to 18 months for a local court to declare the annulment final.
A Constitution Bench, headed by Justice Sanjay Kishan Kaul, observed that the same extraordinary power could be used by the court to quash pending criminal or legal proceedings, be it over domestic violence or dowry, against the man or woman. This would wipe the slate clean and help them start afresh their separate lives.
The judgment on five petitions including the lead one filed by Shilpa Sailesh in 2014, authored by Justice Sanjiv Khanna for the Constitution Bench, further observed the way the entire law of divorce was built predominantly on “assigning fault” on one or the other partner.
Such an approach fails to serve broken marriages, the court noted. “If a marriage is wrecked beyond hope of salvage, public interest lies in recognising this real fact.
Taking this logic forward, the Bench held that the Supreme Court could also use Article 142 to grant divorce on the ground of “irretrievable breakdown of marriage” if the “separation is inevitable and the damage is irreparable”.
The judgment is significant as irretrievable breakdown of marriage is not yet a ground for divorce under the Hindu Marriage Act.
However, the judgment cautioned that grant of divorce by the Supreme Court on the ground of irretrievable breakdown of marriage was “not a matter of right, but a discretion which is to be exercised with great care and caution”.
The court said the facts established must show that “the marriage has completely failed and there is no possibility that the parties will cohabit together”.
States
Acts of missionaries to spread Christianity not illegal: T.N. to SC (Page no. 4)
(GS Paper 2, Polity and Governance)
The acts of missionaries to spread Christianity in themselves cannot be seen as illegal, the Tamil Nadu government has told the Supreme Court.
Article 25 (freedom of religion) of the Constitution guarantees every citizen the right to propagate his religion. Therefore, the acts of missionaries spreading Christianity by themselves cannot be seen as something against the law.
But, if their act of spreading their religion is against public order, morality and health and other provisions of Part III of the Constitution, it has to be viewed seriously.
Any person has the right to propagate and preach his belief system to other persons without the use of intimidation, threats, deceit, allurement, superstition or black magic.
Tamil Nadu, represented by senior advocate P. Wilson, noted that a person did not have a fundamental right to turn another to his or her own religion.
But, every person had a right to propagate his/her religion. “Likewise, the Constitution does not prevent any person from getting converted to the religion of his choice.
People had a choice to change their beliefs and even return to their original religious denominations, it said. “The citizens should be allowed to freely choose their religion. It would not be appropriate for the government to put spokes in their personal beliefs and privacy.”
Editorial
The importance of constitutional punctuality (Page no. 6)
(GS Paper 2, Polity and Governance)
Recently, the Tamil Nadu Legislative Assembly passed a resolution seeking to provide for a time frame for Governors to act on Bills passed by the State Legislature.
The motivation was that the Governor of Tamil Nadu, R.N. Ravi, had withheld assent to as many as 13 Bills passed by the Tamil Nadu Legislative Assembly.
Last week, the Supreme Court of India, while disposing of a case filed by the State of Telangana against its Governor Dr. Tamilisai Soundararajan, remarked that Governors should not sit over Bills indefinitely.
Taking this sentiment farther, the idea of constitutional punctuality need not be restricted to gubernatorial offices alone.
All constitutional high offices including those of the President of India and Speakers of Assemblies must suo motu evolve guidelines to discharge duties in a time-bound manner.
In the resolution passed on April 10, 2023, the Tamil Nadu Legislative Assembly urged the Union Government and President to advise the Governor to decide on the bills passed by the State Legislatures within a reasonable time period.
The resolution, proposed by the Chief Minister, M.K. Stalin, argued that it was important to protect the sovereignty of the Legislatures and, ultimately, safeguard parliamentary democracy.
Subsequently, the Chief Minister of Tamil Nadu wrote to his counterparts in other Opposition-ruled States and encouraged them to pass similar resolutions in their Assemblies.
So far, the Chief Ministers of Delhi, Kerala, and West Bengal have expressed their support for the resolution and its underlying principles.
In the case of Telangana, the State had already filed a writ petition seeking direction from the Supreme Court to the Governor to decide on the Bills, passed by the Assembly, in a timely manner.
Looking at these developments, it would be fair to say that the time has come to evolve a new constitutional architecture that would deliver on the demands for a time-bound constitutional delivery mechanism.
China’s amended anti-espionage law (Page no. 8)
(GS Paper 2, International Agreements and Policies
On April 26, China’s legislature approved sweeping amendments to China’s anti-espionage law, broadening the scope of what may be defined as activities related to spying and national security.
The amendments come amid a string of high-profile cases involving journalists, foreign executives, as well as international companies in China, who have come under the lens of authorities on national security grounds.
The expanded law follows the Xi Jinping government’s increasing focus on “security” and a recent policy shift that now emphasises the dual importance of “development and security”, rather than a focus solely on economic development.
The recent amendments are to China’s 2014 anti-espionage law. Article 1 of the law says the idea behind the legislation is “to prevent, stop and punish espionage conduct and maintain national security.”
The broad ambit of what constitutes “national security” as well as the law’s focus on involving a “whole of society” approach to counter-espionage, including from Chinese enterprises and organisations, evoked concerns among both rights groups and foreign enterprises in China.
Foreign governments are especially concerned whether Chinese companies, particularly in the tech sector, would be mandated to offer their vast amounts of data to the authorities.
For instance, one article of the law mandates that “all State organs, armed forces, political parties and public groups, and all enterprises and organisations, have the obligation to prevent and stop espionage activities and maintain national security.”
Another article encourages ordinary citizens to take part in national anti-espionage efforts by reporting to the authorities any activity deemed to be suspicious and endangering national security.
The latest amendments are the first changes since 2014, and will take effect on July 1, 2023. They have further broadened the law’s scope, with one of the changes declaring that “all documents, data, materials, and items related to national security and interests” will be protected on par with what are deemed state secrets.
The definition of espionage has also been expanded to include cyber attacks. Essentially, the transfer of any information deemed by authorities to be in the interest of what they define to be “national security” will now be considered an act of espionage.
Text & Context
The ever expanding medicinal uses and properties of psychedelic substances (Page no. 9)
(GS Paper 2, Health)
Psychedelics are a group of drugs that alter perception, mood, and thought-processing while a person is still clearly conscious. Usually, the person’s insight also remains unimpaired.
Psychedelics are non-addictive, non-toxic and compared to illicit drugs, they are less harmful to the end user. In India, the Narcotic Drugs and Psychotropic Substances Act 1985 prohibits the use of psychedelic substances.
Ketamine, a dissociative anaesthetic with psychedelic properties, is used under strict medical supervision, for anaesthesia and treatment-resistant depression.
A psychiatrist named Humphrey Osmond first used the term ‘psychedelic’ in 1957. The word is derived from the Greek words psyche, meaning ‘mind’, and deloun, meaning ‘to manifest’.
Humans have used psilocybin and mescaline for ceremonies, healing, and spiritual rituals for millennia. Temples built for mushroom ‘deities’ in indigenous cultures in Mexico and Guatemala date back to 7000 BC. Records of the Greek ‘Eleusinian Mysteries’ indicate that psychedelics were used in ceremonial rituals.
The modern-day use of psychedelics is commonly associated with the German chemist Arthur Heffter isolating mescaline from the peyote cactus in 1897. In 1938, while investigating compounds related to ergotamine (one of the ergot alkaloids), the Swiss chemist Albert Hofmann first synthesised LSD.
When Hofmann accidentally contaminated himself with a small dose of LSD, he experienced what was likely the world’s first ‘acid trip’.
On a hunch, he resynthesised LSD in 1943 and, with further testing, found LSD to be extremely potent and physiologically relatively safe.
Between 1947 and 1967, LSD was widely used as a therapeutic catalyst in psychotherapy. The Harvard Psilocybin Project, founded by psychologist Timothy Leary, further proselytised LSD and psilocybin which led to the increasing recreational use of these substances.
Around this time, medical concerns and the Vietnam War prompted the conservative Richard Nixon administration to criminalise the use of psychedelics and other psychoactive drugs.
This “war on drugs” stopped all medical use and pushed recreational use underground. Media campaigns in the 1960s and 1970s further stigmatised the use of all psychoactive drugs.
News
If the chargesheet is filed on time, no question of default bail: SC (Page no. 12)
(GS Paper 2, Governance)
The Supreme Court on Monday held that an accused is not entitled to seek default bail on the grounds that the chargesheet, though filed within the requisite period, remains “incomplete” for lack of sanction under Section 167(2) of the Code of Criminal Procedure.
Once the chargesheet has been filed within the stipulated time, the question of grant of statutory/default bail does not arise. Whether cognisance has been taken or not taken is not relevant for the purpose of compliance with Section 167.
The mere filing of the chargesheet is sufficient,” a Bench of Chief Justice of India D.Y. Chandrachud and Justice J.B. Pardiwala observed in a judgment.
The top court said obtaining sanction from the competent authorities was not part of the investigation. According to Section 167 of the Criminal Procedure Code (CrPC), an accused will be entitled to default bail if the investigating agency fails to file a chargesheet within 60 days from the date of remand. For certain categories of offences, the stipulated period can be extended to 90 days.
Inaugural ASEAN-¬India maritime exercise in South China Sea from today (Page no. 12)
(GS Paper 2, International Relations)
In a step further in the expanding India-ASEAN (Association of South East Asian Nations) military cooperation, the maiden ASEAN-India Maritime Exercise (AIME) is set to begin, with war games in South China Sea.
The Navy chief, Admiral R. Hari Kumar, is in Singapore for the exercise as well as to take part in the International Maritime Defence Exhibition (IMDEX-23) and International Maritime Security Conference (IMSC) being hosted by Singapore.
In separate developments, Defence Minister Rajnath Singh arrived in the Maldives on a three-day visit, while the Air Force chief, Air Chief Marshal V.R. Chaudhari, embarked on a four-day visit to Sri Lanka.
AIME-2023 will provide an opportunity for Indian Navy and ASEAN navies to work together closely and conduct seamless operations in the maritime domain.
The ‘Harbour Phase’ of the exercise is scheduled to be held at Changi Naval Base from May 2 to 4 and ‘Sea Phase’ from May 7 to 8 in the South China Sea.
The inaugural edition of the naval and maritime defence event IMDEX was held in 1997 and has since been expanding year on year. There are about 50 delegations this year, it has been learnt.
Mr. Singh reached Male on a three-day visit, the first by an Indian Defence Minister to the Maldives in 11 years, according to the Indian High Commission.
Business
Trade pact lifts India’s FY23 exports to UAE to $31.3 bn (Page no. 14)
(GS Paper 2, International Relations)
Exports from India to the UAE have grown by almost 12% in 2022-23 to hit $31.3 billion, more than double the 5.3% growth in India’s overall exports, following the implementation of the bilateral trade pact (CEPA) last May.
“During the CEPA Implementation period (May 2022 to March 2023), bilateral trade increased from $67.5 billion a year earlier to $76.9 billion – an annual increase of 14%.
While oil continues to dominate trade between the two nations, India’s automotive exports to the UAE jumped 42% while imports of aircraft parts from the Emirates surged more than 50-fold — from a mere $39 million in 2021-22 — to almost $2 billion last fiscal.
India’s imports from the UAE grew 18.8% to $53.2 billion in 2022-23, faster than the 16.1% increase in its overall import bill.
In terms of utilisation, the CEPA has already surpassed all free trade pacts entered into by India, barring the one with ASEAN, the ministry said, citing the issuance of over 54,100 certificates of origin to traders since its implementation.
Under the CEPA, the UAE eliminated duties on 97.4% of its tariff lines on goods corresponding to 99% of imports from India.
India has obtained immediate duty elimination on more than 80% of its tariff lines corresponding to 90% of India’s exports in value terms.