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Stating that “it is not advisable to tinker with” the existing age of consent — 18 years — under the Protection of Children from Sexual Offences (POCSO) Act to exempt adolescent sexual acts from the purview of the criminal law, the Law Commission of India has instead favoured introducing “guided judicial discretion in the matter of sentencing” in cases involving those in the 16-18 age group. It says “this will ensure that the law is balanced, thus safeguarding the best interests of the child”.
Headed by former Karnataka High Court Chief Justice Ritu Raj Awasthi, the Commission, in its Report No. 283 on ‘Age of Consent under the Protection of Children from Sexual Offences Act, 2012’ submitted to Union Law Minister Arjun Ram Meghwal, has accordingly called for certain amendments to the Act “to remedy the situation in cases wherein there is tacit approval in fact though not consent in law on part of the child aged between I6 to l8 years”.
Govt & Politics
Women’s reservation bill gets President’s assent, becomes law (Page no. 6)
(GS Paper 2, Social Justice)
The landmark women’s reservation Bill, which seeks to provide 33 per cent reservation to women in the Lok Sabha and state Assemblies, has now become a law after receiving the assent of President Droupadi Murmu.
Confirming this, Union Law Minister Arjun Ram Meghwal tweeted, “With the approval of the historic ‘Nari Shakti Vandan Act-2023’ by President Droupadi Murmu, this Bill has become an important law of India.”
The Bill was introduced by Meghwal in the Lok Sabha on September 19. It was passed by the Rajya Sabha on September 21.
As per a notification issued by the Law Ministry on Friday, the President gave her assent to the Bill. The Vice President and Rajya Sabha Chairman Jagdeep Dhankhar signed the Bill, after which it was placed before the President for her assent.
Now, it will be officially known as the Constitution (106th Amendment) Act. According to the gazette notification, dated September 28, “It shall come into force on such date as the central government may, by notification in the Official Gazette, appoint.”
Explained
In SC case on Agama, the contested history of temple priesthood (Page no. 11)
(GS Paper 2, Judiciary)
The Supreme Court this week ordered status quo on the appointment of archakas (priests) in Agamic temples in Tamil Nadu.
The Srirangam Koil Miras Kainkaryaparagal Matrum Athanai Sarntha Koilgalin Miraskain-karyaparargalin Nalasangam, an association of archakas, had challenged reforms introduced by the DMK government, which are seen as attempting to change the hereditary system of appointing archakas in Agama temples.
The petitioners asked for the quashing of the state government’s order and letters dated July 27 and August 28, 2023 respectively, which paved the way for individuals trained in Agama Sastra, irrespective of caste and gender, to assume priesthood.
The petitioners alleged the state government was unlawfully attempting to appoint non-believers as archakas, infringing upon religious rights protected under the Constitution.
They contended that knowledge of the Agamas, which are significant religious practices, could not be secured by completing the one-year certificate course run by the government, but required years of rigorous training under learned Gurus.
Senior Advocate Guru Krishna Kumar cited Supreme Court rulings from 1972 and 2016 to emphasise the necessity of adhering to Agama traditions for appointing archakas in Agama temples.
The threat from illicit trade (Page no. 11)
(GS Paper 3, Economy)
Around 3.5 tonnes of gold, 18 crore cigarette sticks, 140 metric tonnes of red sanders and 90 tonnes of heroin were seized along with other drugs during the last financial year.
Central Board of Indirect Taxes and Customs Chairman Sanjay Kumar Agarwal (September 28) said the challenge of illicit trade looms larger than before and tackling issues such as counterfeiting, smuggling and tax evasion is fundamental to safeguarding India’s economic stability.
As per a report released by FICCI CASCADE on Thursday titled ‘Hidden Streams: Linkages Between Illicit Markets, Financial Flows, Organised Crime and Terrorism’, the illegal economy in India has an overall score of 6.3 in India, which is higher than the average score of 5 of other 122 countries. In the organised crime segment, India has a lower score of 4.3 against 5.2 for an average of 122 countries.
Pak bombing underlines why Balochistan remains its problem province (Page no. 11)
(GS Paper 2, International Relation)
A suicide attack in Mastung district of Pakistan’s restive Balochistan province killed at least 53 and injured over 70 others.
No one has immediately claimed responsibility for the bombing, though the Tehreek-e-Taliban (TTP) were quick to distance themselves from it.
This is the deadliest terror attack in Pakistan since 2018, when a suicide bombing in the same district killed 149.
In a statement, caretaker Interior Minister Sarfraz Bugti denounced the bombings, calling them a “heinous act”. President Alvi and caretaker Prime Minister Anwaarul-haq-Kakar, in separate messages, have called for unity, and asked people to adhere to the teachings of the Prophet.
Balochistan, the largest Pakistani province, is sparsely populated and impoverished when compared to the rest of the country. At the same time, its location as well as abundance of natural resources, especially oil, make it strategically vital for Pakistan.
Editorial
Law is not enough (Page no. 12)
(GS Paper 2, Social Justice)
The Constitution (One Hundred and Twenty-Eighth Amendment) Bill, 2023, was passed by the Lok Sabha earlier this month with an overwhelming majority and received the President’s assent.
It seeks to reserve one-third of the total number of seats in the Lok Sabha and state legislative assemblies, and the Legislative Assembly of the National Capital Territory of Delhi for women. The Women’s Reservation Bill, as it has been referred to, is now recast as the Nari Shakti Vandan Adhiniyam.
There have been some misgivings regarding the timing (just before the next elections), new name (women want equal rights and do not wish to be worshipped), manner of introduction (without any prior discussion with other political parties), absence of caste-based quota and intent (given that it has been linked to the variables of the Census and delimitation of Lok Sabha constituencies) of this Bill.
In 2001, the Vajpayee government amended Article 82 (84th amendment to the Constitution), thereby barring any delimitation of constituencies before the 2026 census.
This implies that the provisions of the Bill under discussion can be implemented only after delimitation (of Lok Sabha constituencies based on population) based on a Census that takes place post-2026. Multiple variables and the absence of a clear timeline have led to scepticism about the intentions behind its passage.
Ideas Page
Gandhi and Ambedkar then and now (Page no. 13)
(GS Paper 1, History)
Gandhi is indispensable. You may love him or hate him, but you can’t ignore him. Escorting the world leaders attending the G-20 summit to the Gandhi Smriti, the black marble memorial built at the place where Gandhi’s last rites were performed, Prime Minister Narendra Modi reiterated the same, saying, “Gandhiji’s timeless ideals guide our collective vision for a harmonious, inclusive and prosperous global future.”
Gandhi’s personality is profound. One should approach it with a blank slate, putting aside one’s ideological biases. Because Gandhi engulfed all ideologies and went beyond them. He became a creed himself.
No world leader has produced as much literature as Gandhi did. His complete works run into a hundred volumes. While going through this vast literature, there is always a temptation to misquote or quote Gandhi out of context. Gandhi needs to be read and understood with an open mind.
World
US China diplomats meet in latest attempt to maintain dialogue (Page no. 14)
(GS Paper 2, International Relation)
Two senior U.S. and Chinese diplomats met in Washington and held what the U.S. side described as “candid, in-depth, and constructive consultation,” the latest in a series of recent talks to keep lines of communication open between the world’s two largest economies.
U.S. Assistant Secretary of State for East Asian and Pacific Affairs Daniel Kritenbrink met with Chinese Vice Foreign Minister for Asia Sun Weidong.
The meeting followed other high-level engagements between the two countries in recent months that have seen visits from high profile U.S. officials to China like Secretary of State Antony Blinken in June, Treasury Secretary Janet Yellen in July and Commerce Secretary Gina Raimondo in August.
Economy
Infra output grows 12.1% in August, fastest in over a year (Page no. 15)
(GS Paper 3, Economy)
The production of India’s six core industries rose to a 14-month high of 12.1% in August, mainly due to a sharp increase in output of electricity and coal during the month. The production of electricity soared 14.9% year-on-year in August, and that of coal rose by 17.9%.
Electricity and coal collectively carry a weight of 30% in the overall index of eight core industries, which constitutes about 40% of the Index of Industrial Production. A 12.1% rise in core industries is likely to aid IIP growth further in August. In July, the IIP was at a five month high of 5.7%.
“The core sector output grew at a robust pace of 12.1% yoy in August 2023. This is much higher than Ind-Ra’s expectations of 7% yoy.
Even when compared with the pre-COVID level (February 2020), now the core sector output is 17.0% higher,” India Ratings and Research (Ind-Ra) said in a note.
A sharp rise in output of electricity and coal could be attributed to deficient rainfall during the month, which could have spiked power demand. The cumulative rainfall in August was 33% lower than the long-period average (LPA).