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A five-judge Constitution Bench impleaded the National Human Rights Commission (NHRC), the National Commission of Women (NCW) and the National Commission of Minorities as parties in a batch of petitions challenging the Muslim Personal Law practices such as polygamy and nikahhalala.
The Supreme Court’s Bench led by Justice Indira Banerjee issued notices to the statutory bodies after senior advocate ShyamDiwan, for petitioner Ashwini Kumar Upadhyay, sought their arraignment in the case.
The Supreme Court also issued notice in a separate petition in the batch, which said the personal law practices violated Section 494 of the Indian Penal Code.
The section makes “marrying again during lifetime of husband or wife” an offence punishable with imprisonment up to seven years and fine.
Mr. Upadhyay argues that polygamy and nikahhalala (bar against remarriage with divorced husband without an intervening marriage with another man) are unconstitutional.
He has sought a declaration that Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937 violative of Articles 14, 15 and 21 of the Constitution, insofar as it seeks to recognise and validate polygamy and nikahhalala.
The All India Muslim Personal Law Board (AIMPLB) had filed an application in the case, contending that this was a “cultural issue” and inextricably interwoven with the religion of Islam.
The Constitution allowed the continuance of the different practices of various religions until the State succeeds in its endeavour to secure a Uniform Civil Code (UCC).
It had argued that personal laws do not derive its validity from legislature or any other competent authority. Their sources were the scriptural texts of their respective religions.
The personal law do not fall within the definition of ‘laws’ under Article 13 of the Constitution. The validity of a personal law cannot be challenged on the basis of fundamental rights enshrined in the Constitution.
The Board had argued that the petitions were a push for a judicial pronouncement to bring the Uniform Civil Code.
States
Kerala passes Bill on LokAyukta(Page no. 1)
(GS Paper 2, Polity and Governance)
The Assembly passed the Kerala LokAyukta (Amendment) Bill, amid a boycott by the Congress-led United Democratic Front (UDF) Opposition, which tore up copies of the Bill and walked out, calling it a black day in the history of the State's legislature.
It accused the Left Democratic Front government of using its majority to defang an effective anti-corruption mechanism. The Governor's assent now becomes crucial for the Bill, which according to the Opposition would face legal hurdles owing to the "anti-constitutional amendments."
The amendments were related to the competent authority to consider LokAyukta recommendations. In the case of any unfavourable decision from the LokAyukta against the Chief Minister, the competent authority will now be the Legislative Assembly instead of the Governor in the existing Act.
In the case of an MLA, the Speaker will be the competent authority, while in the case of the ministers, the Chief Minister will be the competent authority. The competent authorities will also now have the option to either accept or reject the LokAyukta recommendations.
Citing precedents, Speaker M.B. Rajesh ruled that the Subject Committee had the power to amend any section intimately connected to the amending Bill.
The amendments are a clear case of encroachment of power as it has handed over the powers of the judiciary to the legislative and the executive.
When the legislature was made an appellate authority, the MLAs of the government, which would always have the majority in the House, cannot be expected to take action against the Chief Minister found guilty by the LokAyukta.
The existing law placed a statutory body above democratically elected ministers and MLAs. Such overreaching powers, which is anti-democratic and anti-constitutional, should be corrected, especially in the current context of the BJP-RSS-led Union government misusing investigating agencies, Governors and such bodies as well as its money power to topple non-BJP State governments.
Editorial
Pledges from Red Fort, pledges by every Indian (Page no. 10)
(GS Paper 2, Polity and Governance)
India celebrated its 75th Independence day with great fanfare, flag flying, feasts, and festivals at home and abroad. It is indeed a great moment to review and to reflect on the occasion and also guide the nation going forward to meet the aspirations of all the people of India.
India has accomplished a great deal in the last 75 years. However, a great deal still needs to be performed to deliver the essence of Independence on equality, equity, freedom, inclusion, and creating opportunities for most people at the bottom of the economic pyramid.
The Prime Minister in his celebrated speech from Red Fort outlined five pledges to focus on: Making India a developed nation by 2047; removing all traces of colonisation; taking pride in our roots and heritage; unity and integrity; and sense of duty among citizens.
These great pledges need much more clarity and a broader national conversation to socialise and institutionalise for implementation.
First, what kind of a developed nation do we want to be? Do we want a nation with high GDP and a few ultra-rich, like in some western countries, with high inequality, exclusion, poverty, hunger, injustice, violence, and unrest?
Or do we want a developed nation with distributed wealth, with peace, prosperity, inclusion, happiness, and equal opportunities for all? Do we want a developed nation for a selected few or for all? This requires laser-like focus on the Constitution, democracy, diversity, freedom, equality, equity, and justice.
Do we want clean air, potable water, and adequate energy first? This will require understanding and the implications of independent, autonomous institutions, engaged civil society, decentralised development, and a scientific mindset.
Second, removing all traces of colonisation can only happen if we treat those who are weaker well and abolish scavenging, child labour, the caste system, and male and high caste dominance in our system.
Third, while taking pride in our roots and heritage, we must let go of past prejudices and privileges to look at the future prospects for everyone.
Fourth, unity, and integrity are essential for peace and progress. Still, they will demand a deeper understanding and tolerance of religion, race, caste, customs, language, social status, etc.
Finally, the sense of duty among citizens will require discipline, character, values, morals, ethics, and selfless sacrifice to serve and help others.
OPED
The age of hyper-lapse consumerism (Page no. 11)
(GS Paper 3, Economy)
Consumption is an important element of human civilisation. The success of modern economies is dependent on, and measured a great deal by, the level and nature of consumption.
From the hunter-gatherers whose consumption was survival-centric to the millennials for whom consumption is about fulfilling aspirations, the nature of consumerism has seen tremendous shifts.
The notion of consumption has changed and today, several streams of thoughts co-exist. The ancient Greek philosopher Diogenes famously showed his contempt for material things by living in a barrel. Since the industrial revolution, the rise of the middle class in developed countries has led to a growth in consumption.
While on the one hand, the acquisition and display of material wealth are acceptable and even appreciated by a large section of society, another stream of thought advocates minimalism.
The COVID-19 pandemic brought shifts in consumer behaviour. Lockdowns brought more people into the e-commerce fold.
Due to the economic impact of the pandemic, the world witnessed a shrinkage of demand. But post-pandemic recovery and suppressed consumerism is now leading to ‘revenge shopping’.
Modern-day consumerism is not only about wanting more but also wanting it fast. We are in an age of ‘hyper lapse consumerism’ — there is a clamour to be the fastest to reach the consumer.
The ubiquitous growth of the Internet and the rise of e-commerce have fuelled hyper lapse consumerism, which refers not only to the kinds of products being sold but also to the ease with which consumers order them and the speed at which such products are delivered.
According to a study by Invesp, 56% of online consumers between the age of 18 and 34 years expect the goods they have ordered to be delivered on the same day, whereas 61% want their packages even faster — within 1-3 hours of placing an order.
After e-commerce companies made delivery their core competence by putting boots on the ground and even drones in the sky, the competition to deliver faster and better is shaping consumer behaviour and industry patterns.
Recently in India we saw food and grocery delivery companies announcing 10-minute deliveries for consumers in select cities.
This is being done by strengthening the hyper-local logistical network, leveraging predictive algorithms, process optimisation and, in some cases, providing incentives and disincentives for delivery partners.
Explainer
The ongoing political crisis in Iraq (Page no. 12)
(GS Paper 2, International Relation)
Iraq’s political crisis took a violent turn on Monday when at least 24 people were killed and about 200 injured in clashes between the supporters of influential Shia cleric Moqtada al-Sadr and the country’s security personnel.
Mr. Sadr’s supporters breached the concrete walls of Baghdad’s highly fortified Green Zone, stormed the Republican Palace of the government and fought the security personnel with mortars and grenades after Mr. Sadr announced that he was quitting politics amid a political deadlock.
Iraq has failed to form a government after the October 2021 parliamentary elections in which Mr. Sadr’s bloc won the most number of seats.
A bitter power struggle between the country’s dominant Shia parties have since then plunged the country into a deepening crisis, leading to the current violence.
The October elections to the Council of Representatives were considered to be a new beginning and opportunity for Iraq to form a stable, legitimate government, but what happened was just the opposite.
The Sadrist Movement won 73 out of the 329 seats available, but failed to secure absolute majority. Iraq’s post-war tradition was to form national consensus governments.
But Mr. Sadr wanted to form a majority government led by his bloc. He entered into a tripartite coalition, called “Save the Homeland ( EnqadhWatan)”, with Sunni and Kurdish parties — the Sunni Coalition of Sovereignty (62 seats) and the Kurdistan Democratic Party (31 seats), led by MasoudBarzani, the President of the autonomous Kurdistan region which is a U.S. ally. Together, they had absolute majority in the House.
The Shia Coordination Framework, the coalition of Iran-backed Shia parties that stand opposed to Mr. Sadr, is composed of the Fatah Alliance of Hadi al-Amiri (17 seats); the State of Law Coalition of former Prime Minister Nouri al-Maliki (33 seats) and the National State Forces Alliance (4 seats), led by Ammar al-Hakim and former Prime Minister Haider al-Abadi.
The Constitution requires a new Parliament to pick a President first, who then should ask the largest parliamentary bloc to nominate someone for the post of Prime Minister.
The PM nominee should then form a government and get parliamentary approval. For the Presidential election to take place, two-thirds of the representatives should be present in the House.
Challenging the Special Marriage Act, 1954(Page no. 12)
(GS Paper 2, Government Policies)
The Supreme Court on Monday dismissed a writ petition challenging provisions of the Special Marriage Act (SMA), 1954 requiring couples to give a notice declaring their intent to marry 30 days before their marriage.
The Supreme Court on Monday dismissed a writ petition challenging the Constitutional validity of certain provisions of the SMA under which couples seek refuge for inter-faith and inter-caste marriages.
The writ petition has called these provisions violative of the right to privacy guaranteed under Article 21 of the Constitution as they require couples to give a notice of 30 days before the date of marriage inviting objections from the public.
The writ petition filed by counsels K. R. Sripathi and AnupamaSripathi and advocate on record SriramParakkat has also said that the provisions contravene Article 14 on prohibition of discrimination on grounds of religion, race, caste and sex as well as Article 15 on right to equality as these requirements are absent in personal laws.
A Bench of Justices Dinesh Maheshwari and Bela M. Trivedi rejected the writ petition on the grounds that the petitioner, 35- year-old Athira Sujatha, was no longer an aggrieved party as she had already solemnised her marriage under SMA.
The petitioner's lawyers said that they were now deliberating on an alternative approach to initiate this litigation such as through a public interest litigation involving other victims.
Another writ petition in Nandini Praveen vs Union of India & Others filed on similar grounds was admitted by the Supreme Court in 2020 and the government’s reply to is awaited.
Section 5 of the SMA requires couples getting married under it to give a notice to the Marriage Officer 30 days before the date of marriage.
The writ seeks striking down of provisions that follow in Section 6 to Section 10. Section 6 requires such a notice to be then entered into the Marriage Notice Book maintained by the Marriage Officer, which can be inspected by “any person desirous of inspecting the same”.
These notices have to be also affixed at a “conspicuous place” in the office of the Marriage Officer so that anyone can raise an objection to the marriage.
Section 7 provides the process for making an objection such as if either party has a living spouse, is incapable of giving consent due to “unsoundness of mind” or is suffering from mental disorder resulting in the person being unfit for marriage or procreation. Section 8 specifies the inquiry procedure to be followed after an objection has been submitted.
News
A champion of the downtrodden (Page no. 15)
(GS Paper 3, Economy)
Abhijit Sen, who died on Monday at the age of 72, was one of India’s most distinguished development economists, teachers and policymakers. He joined the Jawaharlal Nehru University in 1985, where he remained a much-revered teacher, right until his retirement in 2015.
Heartfelt tributes from his students and colleagues haven’t stopped pouring in. During 2004-2014 he was Member, Planning Commission, Government of India, the highest policy-making body of the country at the time.
In the hours and words I need to do this in, it is not possible to do justice to a life so fully lived and so extremely rich in its contributions
It is 20 years, almost to the day, since the High-Level Committee on Long-Term Grain Policy chaired by Abhijit Sen submitted its report to the Vajpayee government. In his long and distinguished career, I reckon this report remains at the pinnacle of Abhijit’s many great accomplishments.
One cannot help being struck by the enduring salience of this 2002 report, especially against the backdrop of the recent farmer agitations. Given rampant market failure and the multiple national goals of price support for farmers, price stability for producers and consumers, and affordable grain for consumers, the Committee recognised a key role for the government.
But the Committee argued for many reforms, including greater diversification and decentralisation of public procurement to include a much larger number of crops and regions, without which the system benefits only a very small proportion of farmers.
The Committee also was in favour of simplifying legal conditions on private trade by reviewing existing orders issued under the Essential Commodities Act.
I would strongly urge both the government and farmers to carefully study this report, which could help end their long-standing impasse.
Abhijit was always a champion of the excluded and exploited. But he was never a fundamentalist. Indeed, quite the opposite, always teaching his students the power of contrarian positions, of understanding arguments on the other side, so that their own thinking would grow deeper.
This openness, as well as his impeccable integrity and academic credentials, also meant that he was respected across the political spectrum, with seriously opposed dispensations all showing him due respect and depending on him for advice.
World Bank report highlightspandemic purchase challenge(Page no. 16)
(GS Paper 2, International Institution)
The COVID-19 pandemic devastation seemed to have not deterred fraudulent business practices, with a company from Singapore trying to dispatch millions of substandard Chinese KN95 masks to India in 2021 by forging a third-party inspection certificate.
This was discovered by the dispatch inspection team of Hindustan Life Care Ltd. (HLL), and the bank guarantee of the supplier worth $9.75 million was encashed. The money is now lying in a separate account at the Indian Mission, Singapore.
The issue is sub judice , noted the latest discussion paper released by the World Bank titled “India COVID-19 procurement: challenges, innovations, and lessons”.
India was not the only target of fraud. The report also pointed out that 200 million substandard, soiled and second-hand medical nitrile gloves were purchased by the U.S. from a Thailand-based company during the pandemic.
The World Bank (WB) and the Asian Infrastructure Investment Bank (AIIB) jointly funded the COVID-19 Emergency Response and Health Systems Strengthening Project worth $1.5 billion (Rs. 11,983.5 crores) in India.
The report says India managed to get many things right in its management of the pandemic including putting in place a central procurement agency (HLL Lifecare Ltd.,finalised in February 2020).
This helped in accelerating emergency procurement. HLL supported the Central procurement division in the preparation of bidding documents as well as in bidding, evaluation and award of the contract. It also helped in managing the supply chain to deliver commodities, according to the needs of the States.
It added that an expert panel was also put in place to develop specifications for overalls, goggles, and N95 masks which supported the Health Ministry’s long-term market development and production of Emergency Medical Equipment (EME) in India.
India also managed efficient distribution of medical supplies nationwide, put in early restrictions and also created empowered inter-ministerial groups to achieve prompt procurement decisions during emergencies.
It listed the achievements of India during the pandemic, and said that the country managed to scale up from 18 to over 2,500 testing laboratories rapidly within a span of four months and became ready to face future pandemics and health emergencies that pose serious challenges for global supply chains.
Huge haul of fake Rs. 2,000 notes: NCRB (Page no. 16)
(GS Paper 2, Issues Related to development and Management of Social Sector)
Nearly 60% of all fake money seized in the year 2021 were of ₹2,000 denomination, the Crime in India 2021 report compiled by the National Crime Records Bureau (NCRB) shows.
Of the total ₹20.39 crore fake Indian currency notes seized in 2021, ₹12.18 crore was in the denomination of ₹2,000.
The ₹2,000 and ₹500 new currency notes were introduced in 2016 after the old ₹500 and ₹1,000 notes were scrapped by the government.
The government had said that curbing of circulation of Fake Indian Currency Notes (FICN) was one of the primary objectives of the 2016 demonetisation exercise.NCRB data shows that post 2016 there has been an increase in seizure of fake money.
While in 2016, fake currency worth ₹15.92 crore was seized, the seizures in 2017, 2018, 2019, 2020 and 2021 stood at ₹28.10 crore, ₹17.95 crore, ₹25.39 crore, ₹92.17 crore and ₹20.39 crore, respectively. In 2015, before demonetisation, ₹15.48 crore in fake currency was seized.
The huge increase in 2020 was on account of seizure of dummy money issued from “Children Bank of India” that were recovered from a house in Pune.
On June 10, 2020, police recovered fake notes worth ₹82.8 crore, of which around ₹43 crore were in the denomination of ₹2,000, from the Pune house.
Six persons including a serving army official were arrested for the crime. Police found that the accused used to dupe customers by slipping in the dummy money while exchanging dollar bills to rupees.
The 2021 report says ₹6.6 crore worth of fake money in ₹500 denomination and ₹45 lakh in ₹200 denomination were also found.
India has in the past accused Pakistan’s ISI of printing high-quality fake Indian currency notes and channeling them into the Indian market.
The highest recovery of fake ₹2,000 notes was made in Tamil Nadu (₹5 crore) followed by Kerala (₹1.8 crore) and Andhra Pradesh (₹1 crore).
The Finance Ministry informed the Parliament on August 8 that the value of the counterfeit currency in the banking system had come down from ₹43.47 crore in 2016-17 to about ₹8.26 crore in 2021-22.
The Ministry attributed the reduction in number of counterfeit banknotes from 7.62 lakh pieces in 2016-17 to 2.09 lakh pieces in 2020-21 to the Government of India’s decision to cancel the legal tender status of ₹1,000 and ₹500 denomination currency notes on November 8, 2016.