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A Constitution Bench of the Supreme Court held that only the legislature can recognise or regulate same-sex marriage. The Bench reasoned that since there was no fundamental or unqualified right to marry, the courts cannot intervene.
However, the Bench failed to reach a consensus on providing even long-abiding relationships between same-sex couples the status of a legally recognised “civil union”.
This was despite all five judges on the Bench unanimously accepting that it was time to end discrimination against same-sex couples.
Chief Justice of India D.Y. Chandrachud, who became a minority on the Bench with Justice Sanjay Kishan Kaul, declared that queer people had a fundamental right to form relationships and the State was obligated to recognise and grant legal status to such unions, so that same-sex couples could avail themselves of the material benefits provided by law.
Justices S.R. Bhat and Hima Kohli, in their opinion backed by a separate one by Justice P.S. Narasimha to form the majority judgment, held that “an entitlement to legal recognition of the right to union — akin to marriage or civil union, or conferring legal status upon the parties to the relationship — can be only through enacted law”.
States
ST status for Meiteis examined and rejected in 1982 and 2001, govt. records show (Page no. 4)
(GS Paper 2, Social Justice)
A proposal on the inclusion of the Meitei community in the Scheduled Tribes list has been examined and rejected twice over the last four decades, according to documents seen once, in 1982, by the Office of the Registrar General of India; and again, in 2001, by the Government of Manipur.
The Union and Manipur governments have not made this information public during the ongoing ethnic conflict in the State, nor presented these records in the Manipur High Court court case on the Meitei petition for inclusion.
In fact, officials of the Tribal Affairs Ministry fished out these historical documents in late April this year, just days after the controversial Manipur High Court order to send a recommendation on ST status to Meiteis was made public.
Officials in Delhi were recording these findings in files related to the Meiteis’ demand, even as the Hill Areas Committee in Manipur passed a resolution against the order amidst growing opposition by tribal groups.
On May 3, a protest rally against the HC order triggered the eruption of violence between the valley-based Meitei community and the hills-based Scheduled Tribe Kuki-Zo communities, with nearly 180 people killed in the conflict over the next five months.
Kerala mulls planting bamboo along Munnar’s Gap Road to avert landslips (Page no. 6)
(GS Paper 3, Environment)
The Kerala Forest Department is planning to plant bamboo and bamboo creeper along the Gap Road stretch of the Kochi-Dhanushkodi National Highway in Munnar to prevent repeated landslips.
The Assembly Committee on Environment has directed the department and National Highways Authority of India (NHAI) to consider the proposal.
According to officials, the recommendation has been submitted by Green Care Kerala’s Idukki district general secretary K. Bulbendran.
Mr. Bulbenrdan said that the committee welcomed the recommendation and its chairman directed various department heads to consider possibilities of implementing the project.
Due to the unscientific road-widening works on the Gap Road stretch, the rocks in the hills are in a shaken state and there are chances of future landslips.
Bamboo and creeper bamboo will grow four to five feet deep into the soil and ensure strong protection to the soil. It will also prevent future landslips in the area.
A detailed proposal will be submitted soon. The project can be implemented in association with the Forest department, Social Forestry wing of the department, Kerala State Biodiversity Board and the NHAI.
Munnar Assistant Conservator of Forests (ACF) Job J. Neriamparambil said the Forest department plans to implement the project in the area.
Editorial
Demolishing the frame from outside the Constitution (Page no. 8)
(GS Paper 2, Polity and Constitution)
The often-repeated term “chilling effect” does not really capture the gravity of what transpired in India recently. The Delhi Police conducted extensive raids on the news portal, eventually arresting two persons, including its founder and Editor-in-Chief, Prabir Purkayastha, in cases that have invoked the Unlawful Activities (Prevention) Act.
The police action was sweeping in nature, with even very junior staff within the news organisation searched and their electronic equipment seized.
In brief, the First Information Report accuses the news organisation of accessing funds from pro-China elements and in turn, through its coverage of events such as the farmers’ protests in 2020-21, undermining the internal security of India.
That such drastic police action against the media, to the extent of invoking a terrorism law against journalists, raises serious questions over the erosion of freedom of speech and expression, has been extensively commented upon. But it would be a mistake to look at this development in isolation.
When seen together with other trends, such as the increasingly precarious position of religious minorities subjected to an unrelenting cycle of violence and demonisation, and specific changes to political financing in the introduction of the opaque instrument of electoral bonds, a conspicuous pattern emerges that has wider repercussions to the idea of democracy and rule of law.
Centralised procurement as a powerful health idea (Page no. 8)
(GS Paper 2, Health)
Imagine that you have decided to go up against McDonald’s in India. The homegrown vada pav will go up against the mighty burger and come out trumps.
And so you build a plan to have hundreds, nay, thousands of franchises all over the country. They will sell clean, hygienic and tasty vada pavs in the millions in the years to come.
What a great idea, and let us hope that somebody actually does this. You will quickly realise that there are two central problems to solve: price and quality.
Each franchisee conducting negotiations with potato sellers becomes a problem when it comes to price. The amount of potatoes that the entire business needs to purchase will be more than the amount of potatoes that each franchisee will need to buy.
Each franchisee conducting negotiations with potato sellers is also problematic when it comes to quality. Each franchisee might have a different idea of what is acceptable quality.
And, each franchisee might have a different idea about what makes for a good potato. But that would then lead to each franchisee’s vada pavs having a different taste — and that just will not do in a franchisee model.
Many countries and international organisations (including McDonald’s) have shown that a pooled buyer model for drug procurement addresses many issues that are related to price efficiency, stockouts and quality concerns.
But for reasons that have remained mysterious for decades, the central government chooses to ignore the merits of pooled procurement when it comes to schemes such as the Central Government Health Scheme (CGHS), the Pradhan Mantri Jan Arogya Yojna (PMJAY) and the Employees’ State Insurance Scheme (ESI).
Opinion
When tigers and jackals get the same protection (Page no. 9)
(GS Paper 3, Environment)
Many ecologists are incensed that an inordinate number of species have been included in the new schedules of the Wildlife Protection (Amendment) Act, 2022, without an objective or replicable process.
In brief, Schedule 1, which confers the highest protection, contains about 600 species of vertebrates and hundreds of invertebrates, while Schedule 2 contains about 2,000 species (with 1,134 species of birds alone).
The first issue with this listing regards conservation itself. The WLPA was originally intended to regulate the use of various species (including hunting), restrict trade, and police the trafficking of species.
The original Act is written in this form, with research being an exception under the hunting clause. The new Act goes one step further by aligning itself with CITES, and including the CITES appendices as well. Nowhere in the Act is there a clear connection between endangerment and conservation.
The listing of species has two direct effects. One, even if it were to have benefits for conservation, species would have to be prioritised.
Listing hundreds of species of mammals and over 1,000 species of birds and innumerable other taxa means that it is unclear where resources should be allocated on the basis of this list.
The same level of protection is offered to tigers and jackals, to the great Indian bustard and common barn owls, to the king cobra and rat snakes.
Two, every action has consequences, and in law, often perverse ones. For example, the Tree Preservation Acts of Kerala and Karnataka proscribe the felling of native trees.
Instead of promoting conservation, these Acts disincentivise plantation owners from planting native trees, and promote exotics such as Silver Oak, that they can cut any time they need to.
Text & Context
How synergistic barriers are affecting progress on SDGs (Page no. 10)
(GS Paper 3, Economy)
Lamenting the lack of progress on various Sustainable Development Goals (SDGs), world leaders at the SDG Summit in New York on September 18 and 19, once again reaffirmed their shared commitment to eradicate poverty and end hunger.
They recognised that the world was on track to meet only 15% of its 169 targets that make up the 17 goals and have committed to an SDG stimulus of $500 billion annually.
While this political declaration needs to be welcomed as a renewed commitment to Agenda 2030, there is little to inspire confidence that there will be greater progress.
A 2023 report of the United Nations Conference on Trade and Development estimated the investment gap in SDGs in developing countries to be greater than $4 trillion.
Of this, nearly $2 trillion needs to be directed towards energy transition alone. These staggering figures, representing the estimated sum of investment required by specialised agencies responsible for tracking each SDG, seem unachievable.
A fundamental statement in the Agenda 2030 document detailing the SDGs, recognises the indivisible and integrated nature of the 17 SDGs and their contribution to the three pillars of sustainable development.
A lot of academic literature has also focussed on the ‘synergies’ and ‘trade-offs’ that exist in the pursuit of specific SDGs.
A recently launched UN Expert Group Report, entitled ‘Synergy Solutions for a World in Crisis: Tackling Climate and SDG Action Together’, also laments the lack of synergistic action in the face of significant (modelled) evidence.
A case for marriage equality: the legal arguments for same-sex marriage (Page no. 1)
(GS Paper 2, Social Justice)
On March 12, the Centre filed an affidavit in the Supreme Court frowning upon same-sex marriage. It invoked the “accepted view” that marriage between a biological man and woman is a “holy union, a sacrament and sanskar (culture)” in India.
Many hold the view that the issue should be debated by Parliament and not by the courts. More than 20 retired judges issued a statement saying that legalisation of same-sex marriage will “strike at the very root of the family system” and that “such a sensitive issue concerning the society at large be debated in the Parliament and State Legislature as well.”
The Union Law Minister argued that the issue should be left to the “wisdom of the people.” And law professors such as Tahir Mahmood and G.S. Bajpai have also written about it.
But this will never happen. As the Union government has made its position clear on the legalisation of same-sex marriage and holds the view that queer people like me will wreak havoc on social institutions with our demands, Parliament will never enact such a law.
Let us examine some of these arguments. First, it is argued that legalising queer marriages will destroy the concept of family, which is the “fundamental building block of society.”
For long, queer people have had to deal with their rights being granted as gifts from heteronormative society. But no more. We are equal citizens of the country and deserve the same rights as cisgender heterosexual people.
Queer people are demanding equal rights, not just of marriage, but of horizontal reservation and protection from natal families.
We don’t demand these as largesse to be bestowed upon us by society, but that they be accorded to us as equal citizens of this democratic nation.
News
Modi ‘directs’ ISRO to land man on moon by 2040, work towards interplanetary missions (Page no. 13)
(GS Paper 3, Science and Technology)
Signalling a road map for India’s future space ambitions, Prime Minister Narendra Modi has “directed” the Indian Space Research Organisation (ISRO) to set up an Indian-crafted, indigenous space station by 2035 and land an Indian on the moon by 2040.
This followed a review of preparations for the Gaganyaan mission — India’s first manned mission to space, scheduled for 2025.
Building on the success of the Indian space initiatives, including the recent Chandrayaan-3 and Aditya L-1 missions, the Prime Minister said that India should now aim for new and ambitious goals, including setting up a “Bharatiya Antariksha Station” (Indian Space station) by 2035 and sending the first Indian to the moon by 2040.
Mr. Modi “called upon” scientists to work towards interplanetary missions, including a space vehicle to orbit Venus and one that will land on Mars.
Mr. Modi chaired the meeting to assess the progress of the Gaganyaan mission and outline the future of Indian space exploration.
The Department of Space, under which the ISRO functions, presented the state of preparedness and technologies developed for Gaganyaan. A critical test of a module called the Crew Escape System Test vehicle is scheduled.
The ISRO, in a separate statement, said the TV-D1 test flight was scheduled between 7 a.m. and 9 a.m. on October 21. It would be a short-duration mission, and visibility from the launch view gallery the Satish Dhawan Space Centre in Sriharikota would be limited.
The DoS will make a road map for moon exploration, which will consist of a “series of Chandrayaan missions, developing a new generation launch vehicle, constructing a new launch pad, setting up human-centric laboratories and associated technologies,” the PMO statement said.
President gives away film awards; actor Waheeda Rehman gets Phalke Award (Page no. 13)
(Miscellaneous)
President Droupadi Murmu gave away the national film awards for 2021 under various categories at the 69th edition of the ceremony. The prestigious Dada Saheb Phalke Award was conferred on veteran actor Waheeda Rehman.
Speaking on the occasion, the President said Ms. Rehman had established herself at the pinnacle of the film industry with her art and personality.
Even in her personal life, she had made her mark as a woman of dignity, self-confidence and originality. She set an example that women themselves should also take the initiative for women empowerment. Ms. Murmu also congratulated the other awardees. She said the award ceremony painted a picture of diversity of India and the unity inherent in it.
Today nothing is regional, if the content is good, regional content will find the global audience.” He said the government stood shoulder to shoulder with the industry in its efforts to counter movie piracy and it had brought in the Cinematograph Act, which was a big step in curbing the menace.
S.S. Rajamouli’s blockbuster RRR took away six awards and Gangubai Kathiawadi by Sanjay Leela Bhansali bagged awards in five categories. Rocketry: The Nambi Effect got the award for the best feature film.
The best male actor award went to Allu Arjun for Pushpa (The Rise Part 1). Alia Bhatt and Kriti Sanon shared the best female actor award for Gangubai Kathiawadi and Mimi, respectively.
SC divided on allowing unmarried couples to adopt children jointly (Page no. 14)
(GS Paper 1, Social Issues)
The Constitution Bench, which delivered a majority judgment in the same-sex marriage case, was divided in its opinions on whether unmarried couples, including same-sex partners, can jointly adopt children.
Chief Justice D.Y. Chandrachud held that Regulation 5(3) of the Adoption Regulations, which bars unmarried partners from being prospective adoptive parents, was ultra vires the Juvenile Justice (JJ) Act and violative of the fundamental rights of queer couples. These regulations only permit persons to adopt in an individual capacity and not jointly as an unmarried couple.
The majority views of Justices S.R. Bhat, Hima Kohli and P.S. Narasimha, however, said the regulation was not void.
Justice Bhat said that the Central Adoption Resource Authority (CARA) and the Centre should appropriately consider the realities of de facto families, where single individuals were permitted to adopt and then start living in a non-matrimonial relationship.
In an unforeseen eventuality, the adopted child in question could face exclusion from the benefits otherwise available to adopted children of married couples. This aspect needs further consideration, for which the court is not the appropriate forum.
Chief Justice Chandrachud noted that Regulation 5(3) in express terms excluded unmarried couples from adopting by prescribing the condition that the couple must have been in two years of a “stable marital relationship”.
‘Transpersons have right to marry under existing law’ (Page no. 14)
(GS Paper 1, Social Issues)
The Supreme Court on held that transgender persons in heterosexual relationships have the right to marry under existing law.
A Constitution Bench headed by Chief Justice of India D.Y. Chandrachud held that “transgender persons in heterosexual relationships have the freedom and entitlement to marry under the existing statutory provisions”.
The gender of a person is not the same as their sexuality. A person is a transgender person by virtue of their gender identity. A transgender person may be heterosexual or homosexual or of any other sexuality.
If a transgender person is in a heterosexual relationship and wishes to marry their partner (and if each of them meets the other requirements set out in the applicable law), such a marriage would be recognised by the laws governing marriage,” the Chief Justice held in his opinion.
Since a transgender person can be in a heterosexual relationship like a cis-male or cis-female, a union between a transwoman and a transman, or a transwoman and a cisman, or a transman and a ciswoman can be registered under marriage laws.
A transgender man has the right to marry a cisgender woman under the laws governing marriage in the country, including personal laws.
Similarly, a transgender woman has the right to marry a cisgender man. A transgender man and a transgender woman can also marry.
Meanwhile, legal experts said the Supreme Court’s order on the issue of granting legal recognition to same-sex marriages, though below expectations, is a welcome step forward in the law’s march towards recognising the rights of persons from the LGBTQIA community.
Business
Modi unveils long-term blueprint for India’s maritime economy (Page no. 15)
(GS Paper 3, Economy)
Prime Minister Narendra Modi unveiled the ‘Amrit Kaal Vision 2047’, a long-term blueprint for the Indian maritime blue economy, while inaugurating Global Maritime India Summit 2023 in Mumbai through video conference.
The blueprint outlines strategic initiatives aimed at enhancing port facilities, promoting sustainable practices, and facilitating global collaboration.
Underscoring the role of sea routes in global trade, he emphasised the need for a reliable global supply chain in the post-corona world. Mr. Modi reiterated that investors have a ‘great opportunity’ to become part of this campaign.
In the last decade, the capacity of major ports in India has doubled, and the turnaround time for big vessels has come down to less than 24 hours compared with 42 hours.
Mr. Modi laid the foundation stone for projects worth more than ₹23,000 crore that align with India’s maritime blue economy.
India to double infra spend to ₹143 lakh cr (Page no. 15)
(GS Paper 3, Economy)
India will spend close to ₹143 lakh crore on infrastructure between fiscals 2024 and 2030, more than twice the ₹67 lakh crore spent in the past seven financial years starting 2017, rating agency Crisil said.
Of the total, ₹36.6 lakh crore will be ‘green’ investments, marking a five-time rise compared with the amount spent during fiscals 2017-2023.
India’s infrastructure spending will double to ₹143 lakh crore between fiscals 2024 and 2030, compared with 2017-2023.
Crisil MD and CEO Amish Mehta said the agency expects India’s gross domestic product to grow at an average of 6.7% through fiscal 2031, to be the fastest-expanding large economy.
Per capita income is seen rising from $2,500 now to $4,500 by 2031, creating a middle-income country, adding that this growth will be underpinned by massive infrastructure development.
World
Nepal and Bangladesh trade charges of sexism, nepotism in their battle for WHO post (Page no. 16)
(GS Paper 2, International Relation)
The contest between Bangladesh and Nepal for the regional head of the World Health Organization has become increasingly heated with allegations of “nepotism” and “sexism” being hurled at the candidates, with the election to be held in Delhi less than two weeks away.
Bangladesh’s Foreign Minister has demanded that Nepal, whose candidate Shambhu Acharya is a WHO veteran, withdraw its candidate for the post, in favour of Bangladesh’s candidate Saima Wazed, who is Prime Minister Sheikh Hasina’s daughter, defending her against the charges of “nepotism”.
Ms. Wazed has also alleged that the opposition to her candidature denotes a “vicious strain of sexism” against women competing for “positions of power”.
Nepal had been working in the WHO for last 30 years and was in a decision making position not improved in the whole of South East Asian region, even though he himself is a person of South Asian origin.
Mr. Acharya refuted the allegations of inefficacy, saying that in fact “the world has made substantial progress in health”.