Upload
others
View
6
Download
0
Embed Size (px)
Citation preview
1) Google appeals Competition Commission of India’s ruling over alleged search
bias In news
Google has appealed against a ruling by India’s competition watchdog that found it guilty of
“search bias”, while the website that brought the case also challenged the outcome,
complaining the online search giant had got off too lightly.
Context of the issue
In February, the Competition Commission of India (CCI) fined Google 1.36 billion
rupees ($21 million), saying it was also abusing its dominance by giving its own online
airline flight search product an unfair advantage over rivals.
Google, the core unit of U.S. firm Alphabet Inc, said it had filed an appeal.
After the February ruling, Google had referred to the issues raised by the Commission as
narrow concerns. It noted the order indicated that on the majority of issues the CCI
examined, Google’s conduct complied with Indian competition laws.
However, a lawyer with knowledge of the matter said that Matrimony.com, the Indian
matchmaking website that had filed the case against Google was dissatisfied with the
outcome and had lodged its own appeal.
com, according to the lawyer, has appealed against both the size of the fine, which it says
is too small, and the CCI’s ruling that neither Google’s specialised search design or its
advertising service, AdWords, were breaking competition rules. Google did not comment
on that development.
A CCI official called the watchdog’s judgement robust and said it would defend its ruling
at the National Company Law Appellate Tribunal (NCLAT).
Google was found to be indulging in practices of search bias and by doing so, it causes
harm to its competitors as well as to users.
2) U.S., Russia clash at U.N. over chemical weapons attacks in Syria
Russia and the United States tangled at the United Nations over the use of chemical
weapons in Syria as Washington and its allies considered whether to strike at President
Bashar al-Assad’s forces over a suspected poison gas attack last weekend.
Moscow and Washington halted attempts by each other in the U.N. Security Council to
set up international investigations into chemical weapons attacks in Syria, which is in the
throes of a seven-year-old civil war.
U.S. President Donald Trump and Western allies are discussing possible military action
to punish Assad for a suspected poison gas attack on Saturday on a rebel-held town that
long had held out against government forces.
On the diplomatic front, the United Nations Security Council failed to approve three draft
resolutions on chemical weapons attacks in Syria. Russia vetoed a U.S. text, while two
Russian-drafted resolutions failed to get a minimum nine votes to pass.
Moscow opposes any Western strike on its close ally Assad and has vetoed Security
Council action on Syria 12 times since the conflict started.
U.S. Ambassador to the United Nations Nikki Haley told the Security Council that
adopting the U.S.-drafted resolution was the least that member nations could do.
3) Right to marry person of one’s choice is integral to right to life & liberty: SC on
Hadiya case “The right to marry a person of one’s choice is integral to Article 21 (right to life and liberty)
of the Constitution”, the Supreme Court said and set aside a 2017 order of the Kerala High
Court which annulled the marriage of Kerala Muslim convert girl Hadiya and Shefin Jahan.
The court also allowed the NIA to continue its investigation in respect of any criminality with
the rider that it should not encroach upon their marital status.
“The choice of a partner whether within or outside marriage lies within the exclusive
domain of each individual. Intimacies of marriage lie within a core zone of privacy,
which is inviolable.
The absolute right of an individual to choose a life partner is not in the least affected by
matters of faith. The Constitution guarantees to each individual the right freely to
practise, profess and propagate religion.
Choices of faith and belief as indeed choices in matters of marriage lie within an area
where individual autonomy is supreme.
Neither the state nor the law can dictate a choice of partners or limit the free ability of
every person to decide on these matters. They form the essence of personal liberty under
the Constitution”, wrote Justice Chandrachud.
“Matters of belief and faith, including whether to believe are at the core of constitutional
liberty. The Constitution exists for believers as well as for agnostics.
Matters of dress and of food, of ideas and ideologies, of love and partnership are within
the central aspects of identity.
Society has no role to play in determining our choice of partners,” he added.
The HC, said Justice Chandrachud, had entered into prohibited terrain by venturing to decide
whether Shefin Jahan was a fit person for Hadiya to marry.
“Our choices are respected because they are ours. Social approval for intimate personal
decisions is not the basis for recognising them. Indeed, the Constitution protects personal
liberty from disapproving audiences”, his judgement underlined.
Justice Chandrachud added that strength of the Constitution lies in its acceptance of the
plurality and diversity of the country’s culture. “The cohesion and stability of our society
depend on our syncretic culture. The Constitution protects it. Courts are duty bound not
to swerve from the path of upholding our pluralism and diversity as a nation”, he added.
The CJI and Justice Khanwilkar in their judgement said the High Court had been
“erroneously guided by some kind of social phenomenon that was frescoed before it.”
“The social values and morals have their space but they are not above the constitutionally
guaranteed freedom”, the two judges said adding it is a constitutional and a human right.
“Deprivation of that freedom which is ingrained in choice on the plea of faith is
impermissible. Faith of a person is intrinsic to his/her meaningful existence. To have the
freedom of faith is essential to his/her autonomy; and it strengthens the core norms of the
Constitution. Choosing a faith is the substratum of individuality and sans it, the right of
choice becomes a shadow.”
The duty of the court is to uphold the right and not to abridge the sphere of the right unless
there is a valid authority of law. Sans lawful sanction, the centripodal value of liberty should
allow an individual to write his/her script. The individual signature is the insignia of the
concept,” it said.
Faulting the HC order as “wholly fallacious”, the bench said that it was for the law-
enforcing agency to take action if there was any criminality involved, and the HC could
not have justified her “detention” unless she was booked under some law.
4) Cauvery water dispute Pulling up the Centre for not sticking to the March 29 deadline for framing of a scheme to
implement the award for distribution of the Cauvery river waters, the Supreme Court directed
the government to come up with a draft scheme by May 3.
A three-judge bench, headed by Chief Justice of India Dipak Misra, turned down the
Centre’s request for three more months to act on its February 16 verdict and directed it to
prove its bonafide by submitting the draft. It also asked Tamil Nadu and Karnataka to
ensure peace on the emotive issue.
Citing assembly elections in Karnataka, the Centre on March 30 had asked the Supreme
Court to extend by three months the deadline for implementation of the judgment, saying
there were fears that any announcement on Cauvery may vitiate the election process and
cause serious law and order problems.
The bench said the Cauvery Water Disputes Tribunal (CWDT) order has been merged with
the court’s decree. It also clarified the Centre’s doubts regarding the scheme. Senior advocate
Shekhar Naphade, who appeared for the Tamil Nadu government, said that a scheme
ultimately must provide for a board or an implementing authority. The CJI agreed to this.
Ministry of Water Resources told that the Centre is now free to frame the scheme which need
not exactly be what the tribunal (CWDT) has said. The tribunal is recommendatory in nature
and they have the flexibility to interpret the nature of the scheme.
In its application, the Centre sought clarification from the Supreme Court on its direction,
saying there were differences between some of the parties on the subject. It asked
whether the court was open to the Centre framing the scheme at variance with the
recommendations of the CWDT regarding the Cauvery Management Board (CMB).
The plea pointed out that the CMB, as recommended by the CWDT, was purely a
technical body, and wanted to know if the Centre could modify its composition and
include administrative and technical experts for effective conduct of the business of the
Board and considering overall sensitivity of the issues involved.
It also wanted the court to clarify whether the CMB to be constituted by the Centre can
have functions different from the ones recommended for Cauvery Management Board by
the CWDT.
Cauvery Panel
Context The union Water Resources Ministry has prepared a draft detailing the structure of the
Cauvery Management Board and is likely be circulated to other Ministries before being
put up for clearance
Concern of States The Board may have “extra members” to accommodate representations from States such
as Karnataka and Kerala, who have expressed concerns over the constitution of the
board
Cauvery Management Board The Cauvery Management Board, according to the 2007 order of the Cauvery Water
Disputes Tribunal, is to have three full-time and six part-time members, the latter
including one from each of the riparian States of Karnataka, Tamil Nadu, Kerala and the
Union Territory of Puducherry.
What will the board do? The Board will monitor the inflow of waters in the Cauvery basin and decide the quantum
of water to be released to the States and it will also have a Cauvery Water Regulation
Committee to implement the Board’s decision.
5) Dams in India did more harm than good, says UN Water report In news
Sounding a warning that over five billion people across the globe may run into water
shortage, a United Nations report has pointed out that dams in India have done more harm
than good to the cause of water security.
Suggesting natural solutions to handle the water crisis, the UN World Water
Development Report, 2018, notes that large-scale water development projects have led to
major impacts like human displacement, and achieved only limited food security — one
of the main objectives of such projects.
The report lays emphasis on the importance of “nature-based solutions” to meet the crisis,
and calls for ancestral and indigenous solutions.
The World Commission on Dams country study on India concluded that a century or
more of large-scale water development had resulted in major social and ecological
impacts, including substantial human displacement, soil erosion and widespread
waterlogging while, contrary to stated objectives, achieving only limited food security
benefits.
With India being world’s largest extractor of ground water, followed by the US, China, Iran
and Pakistan — together accounting for 67 per cent of total abstractions worldwide, the
report stated that even the water-rich high flood-prone regions like Gangetic basins are facing
groundwater depletion.
Water withdrawals for irrigation purposes have been identified as the primary driver of
groundwater depletion worldwide, according to the report. About 800 cubic-km water is
extracted globally for irrigation.
Even though large-scale groundwater recharge programmes have been operating in India
for decades, the focus has been on water-scarce areas, with no real emphasis on flood risk
management. Highly flood-prone basins such as the Ganges are now showing clear signs
of groundwater depletion.
Warning conflicts over water, the report stresses that global food production by 2050 has
to double to feed an estimated nine billion population. Currently, almost 800 million
people are hungry across the world.
Currently, an estimated 3.6 billion people (nearly half the global population) live in areas
that are potentially water-scarce at least one month per year. This population could
increase to some 4.8 to 5.7 billion by 2050.
Pushing for watershed and water harvesting projects on a larger scale, the report
acknowledges India’s efforts to generate awareness among communities on “ancestral
survival systems”, which talk of ancient ways to ensure water security.
6) Indians averse to adopting children with special needs
The latest data shared by the apex body for adoption in the country — Child Adoption
Resource Authority (CARA) — reveals that domestic adoptions of children with special
needs has fallen with every passing year.
At the same time, foreigners adopting children with a physical deformity or an ailment
rose by 50% last year alone. For every Indian parent who adopts a differently-abled child
there are at least seven foreigners who adopt such children from India after they fail to
find a family in the country.
A total of 355 differently-abled children were adopted by foreign applicants in 2017-
2018, up from 237 in the preceding year. Only 46 such children were adopted by Indian
parents in the same year. It was 76 in 2015-2016 and 49 in 2016-2017.
Those who do adopt such children actually would have opted for a healthy child but
because of the long waiting period involved, they switch to a differently-abled child. As
per law, efforts have to be made to place a child within India first, and only when a child
is not accepted by Indian applicants is he or she referred to foreigners. As a result,
overseas applicants are mostly referred differently-abled children.
Activists and parents attribute the huge gap to differences in cultural attitudes towards
disabilities. We often see how parents of healthy children have huge expectations of
them. So, naturally, there is social stigma attached with disabilities in our country.
Activists say that while better social security abroad helps families adopt a child with
disabilities, there is also a need to look within.
In India, there are issues related to schooling, access to public spaces, and employment
opportunities. While all these factors do contribute to parents in India not opting for
differently-abled children, the primary reason is the attitude towards them.
7) ‘Nepal First’ policy Nepal’s act of “stand up” against India means Nepal’s engagement with China where in
the past Oli headed to Beijing, soon after his visit to Delhi
In this context standing up against India has unfortunately become an important part of
Nepal’s definition of sovereignty
Oli and his Policies During the 2017 campaign, he often targeted India, and by extension, the Madhesis who
claimed support from India
Historical Imperialism Delhi inherited from the Raj, the sense of paramountcy over the Subcontinent.
The idea of protectorates worked well for both the Raj and the feudal regimes and tribal
federations along the Subcontinent’s periphery.
The Raj offered economic subsidies and assured non-interference in the internal affairs of
these regimes.
In return, the feudal and tribal chieftains agreed to assist the Raj in fending off the forays
of rival powers into the Subcontinent.
Power shift in the Indian Subcontinent This mutually beneficial arrangement was unsustainable for independent India and the
notion of an exclusive sphere of influence for India in the Subcontinent was the casualty.
The Raj was more than dominant in the Subcontinent and had the power to prevent rival
powers from encroaching the glacis surrounding fortress India.
The partition of the Subcontinent, the US-Soviet Cold War and the emergence of a
unified and strong China under communists introduced extraordinary constraints on
Indian policy.
What should Delhi do to avoid backlash and win trust of Nepal? First, is to acknowledge Nepal’s sovereignty and promise to conduct relations on that
basis.
o Delhi needs to shift from underlining “the special relationship” with Nepal to one
based on “sovereign equality”.
o That would inevitably mean that India should stop meddling in Nepal’s internal
affairs and focus more on the state-to-state relationship.
Second, instead of demanding an “India first policy” Delhi must affirm India’s strong
support for a “Nepal first” policy.
o Situated between the world’s two fastest growing economies, Nepal has every reason
to benefit from its location.
Third Delhi’s economic policies have prevented the full development of the natural
economic complementarity between the two countries.
o The rotting trade infrastructure on the long and open border, Delhi’s cumbersome
procedures for administering economic assistance and the inability to implement
infrastructure projects in reasonable time, have all added to India’s woes in Nepal.
Way forward So the two sides must focus on the already committed projects and the ones that promise
early returns to the people on both sides of the border is a good one.
An emphasis on projects relating to cross-border trade, transport and tourism could be the
beginning of a solid economic foundation for a sustainable political partnership with
sovereign Nepal.
At the same time Oli must be given a chance and it is important to wait and watch how
Oli engages with both India and China; that if he wants to indeed develop Nepal and
leave a legacy, he cannot antagonise India; and that India does not have much of a choice
either – Prachanda is unreliable, the NC is weak, and Madhesi parties are geographically
limited to eight districts and backing them publicly invites the wrath of Kathmandu’s
political elites and pushes it towards China further.
8) Bill to beef up NHRC gets nod
Why in news?
The Union Cabinet approved amendments to the human rights protection Bill that is
aimed at strengthening human rights institutions in the country, such as the National
Human Rights Commission and the state human rights commissions.
The Protection of Human Rights (Amendments) Bill, 2018, was cleared in a Cabinet
meeting chaired by Prime Minister Narendra Modi. A statement from the government
said that the Bill had been given approval for better protection and promotion of human
rights in the country.
What are the changes proposed?
The Bill proposes enlarging the scope of eligibility and scope of selection of the
chairperson of the National Human Rights Commission as well as the state human rights
commissions.
These amendments would strengthen the human rights institutions for effective discharge
of their mandates, roles and responsibilities.
It also proposes incorporating a mechanism to look into cases of human rights violation
in Union Territories, to amend the term of office of the chairperson and members of the
NHRC and SHRCs to bring them in consonance with the terms of the chairpersons and
members of other commissions.
The salient features of the proposed amendments include making the National
Commission for Protection of Child Rights a deemed member of the NHRC, and adding a
woman member in the composition of the commission.
The statement said that the amended Act would be in line with agreed global standards
and benchmarks towards ensuring rights relating to life, liberty, equality and dignity of
the individual in the country.
The amendment to the Protection of Human Rights Act, 1993 will make the NHRC and
state human rights commissions more compliant with the Paris Principle concerning their
autonomy.
9) SC/ST Act: SC ruling to have bad effect on reporting crimes against Dalits
A crime is committed against a Dalit every 15 minutes. Six Dalit women are raped every
day. Over the last ten years (2007-2017), there has been a 66% growth in crimes against
Further, data from the National Crime Records Bureau (NCRB) on which the Supreme
Court’s March 20 judgment is based itself shows that rapes of Dalit women have doubled
in the last ten years.
NCRB data also says that charge sheets were filed in as many 78% cases, which means
the argument that false cases are being filed out of ‘vengeance’ is flawed.
Though shocking, these figures are only the tip of the iceberg of the actual number of
incidents since most Dalits generally do not muster enough courage to register cases for
fear of retaliation by the higher castes.
Even on relatively rare occasions in which a case reaches court, the most likely outcome
is acquittal due to caste biases at every stage of investigation and trial. Due to these
biases, Dalits, the poor and the minorities are over-represented on the list of death rows.
This may require check on false implication of innocent citizens on caste lines.”What
non-Dalits or upper castes should do to promote fraternity is not clear from the judgment.
Rather, it casts aspersions on Dalit victims saying that they file fake cases either out of
vengeance or due to the greed of monetary compensation. This is contrary to Section 15
of the PoA which specifically mandates that a victim is to be treated with “fairness,
respect and dignity”.
The court without mincing words, said that “PoA should not result in perpetuating spread
of casteism which adversely impacts societal integration and constitutional values.”
The court did not appreciate that the PoA Act had to be enacted in response to caste
hatred, which is the single-most important factor behind divisions in our society.We have
low conviction rates in terror crimes as well.
False terror prosecutions, too, have destroyed hundreds of innocent lives but will we
similarly dilute stringent provisions of those laws as well? The decline in the conviction
rate for crimes against Dalits has created an impression that this may be driven by filing
of false cases.
But data from NCRB does not seem to support this contention. In fact, the share of false
cases under the PoA Act has declined over time (2009-2015). The conviction rate, too,
has improved from 23.8% in 2013 to 28.8% in 2014.
In any case, comparing the conviction rate of hate crimes under PoA with that of ordinary
crimes is neither rational nor reasonable.
10) Federalism and fairness
Unless the concerns of States are addressed, the fault lines in the Indian federation
could deepen
Context:
Federalism is by and by the focal point of political talk in India. Karnataka Chief Minister
Siddaramaiah set the feline among the pigeons when he featured Kannada pride by
uncovering an official state hail a month ago. At that point in a Facebook post on “Local
Identity and Federalism”, he upheld the requirement for States to have both monetary and
social independence.
Since moving out of the National Democratic Alliance, Andhra Pradesh Chief Minister
Chandrababu Naidu has likewise been vocal in condemning the Central government for
exhausting the southern States to spend on the northern States.
And likewise in March, the Dravida Munnetra Kazhagam’s working president M.K.
Stalin wrote to Prime Minister Narendra Modi and the Chief Ministers of 10 non-
Bharatiya Janata Party-ruled States communicating worry over the terms of reference for
the fifteenth Finance Commission. The Center’s bearing to utilize the 2011 Census rather
than the 1971 Census for populace information has provoked the south. As the populace
in these States has balanced out, the worry is that their offer of duty designation would
diminish.
While “federalism” has turned into the catch-all term for these worries, there are
essentially three unmistakable yet between related strands to the civil argument — an
established claim for self-rule; an interest for more pleasant circulation of duties; and an
affirmation of etymological and social rights.
A viable federation
Over the most recent few decades there has been a move in political and monetary power
from the Center to the States. While some have felt that this pattern would invert after the
development of a Central government with a straightforward lion’s share without
precedent for a long time, Prime Minister Narendra Modi has tried to mollify such
worries by conjuring the possibility of “cooperative federalism”.
The fourteenth Finance Commission, in 2015, suggested raising the offer of States in the
detachable pool of Central duties from 32% to 42%. In any case, past this measure, the
Center has not roused much certainty in regards to its sense of duty regarding federalism.
The Commission has been utilizing the 1971 Census for populace information to
guarantee that States that have been fruitful in family arranging are not punished. This
came in the wake of the 42nd Amendment to the Constitution which solidified the
dissemination of Lok Sabha seats among States for a long time, which was stretched out
for an additional 25 years, in 2001. This judicious political bargain is presently being
tried.
Federalism is at last in light of trust between its different constituent units. In the event
that an arrangement of States see that their advance is being punished, the suitability of
such an organization comes into question. While the southern States add to the country
financially, they don’t possess a focal space politically and are additionally
underestimated socially. At last, unless the worries in regards to reasonableness are
tended to from established, budgetary and social fronts, the blame lines creating in our
alliance could extend further.
11) Seychelles says no to India’s proposal for naval base India’s plans to get a foothold in the Indian Ocean islands of Seychelles received a
setback after its President Danny Faure told Parliament that he will not take up the
Assomption island project deal with India for ratification.
This announcement came after Wavell John Charles Ramkalawan, the leader of the
Opposition of Seychelles, said that he would oppose the deal.
Significantly, the leader of the Opposition was hosted here in January as India tried to get
him on board for the key project, which was rejected by the Indian Ocean country earlier
this week.
Outreach failed
The outreach evidently did not succeed as Mr. Ramkalawan remained a staunch opponent
of the maritime project of India in the Assomption island, which oversees the main
energy route between the major Asian economies and the Gulf region.
Ramkalawan declared that the Assomption island project, which was expected to host a
naval facility, would not take off.
“The agreement covers within its purview our shared efforts in anti-piracy operations,
and enhanced EEZ surveillance to prevent intrusions by potential economic offenders
including those indulging in illegal fishing, poaching, drug and human trafficking,” Mr.
Singh had told Lok Sabha on March 21.
12) Should gambling be legalized? Gambling and betting is a State subject, the primary law on which States have framed
their gambling legislation is an archaic, British-era law called the Public Gambling Act,
1867.
According to Bombay Prevention of Gambling Act, 1887
Gambling as defined in the Act includes gaming and betting.
Generally, gambling is referred to as card games where high stakes are involved and
betting is referred to as casino games and putting a bet on an event such as a match.
From the various provisions of the Central and State Act, one can infer that while
gambling is prohibited in public or public gaming houses, there is no prohibition on
such activities in a private house.
Law Commission
The panel is of the opinion that lawful but strict regulation of gambling and betting would
help curb illegal practices that generate black money. It would also shore up revenues of
the government and generate employment.
The commission suggested gambling be categorized as “proper gambling” and “small
gambling”. The former would involve high stakes and be feasible only for the rich.
Poorer groups would be permitted “small gambling”
Games of Skill outside the Purview of Gambling
The Gambling Legislations provide that the restrictions would not apply to games of
“mere skill”.
o ‘Games of skill’ refers to games which involve the use of a person’s skill. For
example, the uses of mental acumen or physical skill in games like chess and
billiards.
o ‘Games of chance’, on the other hand, refers to games where winning is purely a
matter of chance, or luck, such as the card game of ‘Teen Patti’.
In the case of State of Andhra Pradesh v. K. Satyanarayana & Ors. 11
(“Satyanarayana Judgment”), the SC specifically tested the game of rummy on the
principle of skill versus chance and held that Rummy was not a game entirely based on
chance like the ‘three-card’ game (i.e. ‘flush’, ‘brag’ etc.) which were games of pure
chance. It was held that Rummy was a game involving a preponderance of skill rather
than chance.
In Dr. K.R. Lakshmanan v. State of Tamil Nadu, it was held that horse racing was a
game of skill, and playing it for money will not be illegal.
But if an objection is expressed by a state, online gaming will have to be stopped. For
example, the Supreme Court recently upheld a ban by the Kerala Government on online
lotteries conducted from Sikkim.
Why legalize gambling?
First, gambling is already happening in a massive way. Law enforcement authorities are
not able to stop it.
o Gambling and betting is mostly done surreptitiously, and is said to be controlled by
underworld syndicates who use the unaccounted money earned from gambling
activities for nefarious activities like terror financing. Legalising the activity will not
only help curtail an important source of black money that is used by criminal
syndicates
o It will also bring massive revenue to the state exchequer, which can be used for
various constructive social schemes.
A 2010 KPMG report suggesting that it could be $60 billion, while other, more
recent, studies peg the value at a higher number. Even a conservative estimate
suggests that the government could earn tens of thousands of crores as tax
revenue by legalising sports betting.
A legal and regulated gambling sector will also help in creating large-scale employment
opportunities.
o the regulated gambling industry in the U.S. employs over 2.5 lakh people
o While over 1 lakh individuals are employed in this sector in the U.K.
Naysayers say that gambling is not morally correct in the Indian context. They suggest
that it is responsible for addiction, loss of livelihoods and bankruptcy.
o There are numerous instances of people losing their livelihoods and committing
suicide due to unchecked gambling even today
It should not be legalized?
A majority of people still live on a meagre meal or two after toiling hard.
o They cannot afford to send their children to school or take care of their basic health
needs.
o With Laws against betting there is a psychological edge which prevents them from
gambling but with laws removed they will have free hand to betting. So the laws here
are preventing them from losing their hard earned money.
Companies will start host betting apps, tempting poor people to try their luck.
What is the guarantee that legalizing betting will generate revenue as projected?
13) Honour killing guillotines liberty: SC
Coming down heavily on crimes committed in the name of honour, the Supreme Court on
Tuesday upheld the choice of consenting adults to love and marry as a part of their
fundamental rights.
The apex court said, “Honour killing guillotines individual liberty, freedom of choice and
one’s own perception of choice.”
It issued a set of guidelines for authorities to safeguard young couples under threat for
marrying outside their caste or religion. It ridiculed the “elevated sense of honour” of
elders, the collective and khap panchayats who rain horror on couples for choosing to
marry outside their caste, clan or religion.
It termed the elders, presiding over murder in broad daylight, as “patriarchal monarchs”
who believe they are the descendants of Caesar or Louis XIV.
The court held that the consent of the family, community or clan is not necessary.
In a strongly worded condemnation of khap panchayats, which gang up against young
couples to force their presence and dictate punishments, Chief Justice Misra said khaps
feel their duty is sanctified and their action of punishing the hapless victims is inviolable.
Women are treated by the khaps as servile persons who have no desire for autonomy.
Their families are either silent spectators or active participants in their torture. Masculine
dominance becomes the sole governing factor of perceptive honour.
These “feudalistic” entities have no compunction in committing crimes. The police turn a
blind eye and the administration hardly questions them.
14) SC to examine polygamy in Muslim marriage
Seven months after it declared instant triple talaq unconstitutional, the Supreme Court on
Monday decided to look into the constitutional validity of the prevalent practices of
polygamy, ‘nikah halala’, ‘nikah mutah’ and ‘nikah misyar’ in the Muslim community.
A Bench, headed by Chief Justice Dipak Misra, issued notices to the Centre and the Law
Ministry on a bunch of petitions that have challenged the practices claiming they degrade
women to a position inferior to that of men.
The Bench, also comprising Justices A.M. Khanwilkar and D.Y. Chandrachud, agreed to
set up a five-judge Constitution Bench that will decide whether certain sections of the
Muslim Personal Law (Shariat) Application Act go against the Constitution.
In its landmark verdict of August last, which had struck down instant triple talaq, the
court had kept open the issue of polygamy, ‘nikah halala’, ‘nikah mutah’ and ‘nikah
misyar.’
The petition said the Muslim Personal Law allows a man to marry up to four wives,
which it said “treats women as men’s chattel, and reduces their status to an object of
desire to be possessed by men.”
Contending that the practice “offends the core ideal of equality of status,” the petition
filed by Hyderabad-based social activist Moullim Mohsin Bin Hussain Bin Abdad Al
Kathiri sought to quash polygamy. Another plea was made by a Delhi woman against the
Muslim Personal Law.
It has contended that the prevalent Muslim Personal Law rendered Section 494 of IPC
(which prescribes punishment for marrying again during lifetime of husband or wife) as
inapplicable. Her plea also claimed that the Muslim wife does not have avenue to
complain against her husband for the offence of bigamy.
15) Supreme Court asks Centre to consider BS-VI fuel in 13 metros from April 2019
The Supreme Court today asked the Centre to look into the possibility of rolling out the
BS-VI fuel in 13 metro cities by April 2019, besides introducing it in the national capital
from the beginning of the next month.
The Centre had earlier informed the top court it had advanced by two years the deadline
for supply of the Euro-VI petrol and diesel and would start it in Delhi from April 1,
considering the “serious pollution levels” in the national capital and adjoining areas.
A bench of Justices M B Lokur and Deepak Gupta also directed the Centre to look in to
the aspect of differential pricing of diesel for heavy vehicles and small and mid-segment
passenger vehicles.
The counsel appearing for the Centre said that increasing the price of diesel would impact
the movement of heavy vehicles which in turn result in increasing the price of vegetables
and other essential items.
The bench said that differential pricing can be introduced in a way which ensures that
price of diesel does not act as a stimulus for the purchase of commercial and passenger
vehicles and also does not impact the running of heavy vehicles.
On February 21, the Centre had informed the apex court that it will introduce Euro-VI
fuel in Delhi by April 1.
The top court had earlier directed the Centre to clear its stand on the availability of Bharat
Stage (BS)-VI emission standard compliant fuel in Delhi.
BS-VI emission standard was scheduled to come into force from April 1, 2020, across the
country.
“In view of the confirmation given by the oil marketing companies (OMCs) and taking
into account the serious pollution levels in Delhi and adjoining areas and as per the
decision taken by the ministry in consultation with OMCs, it is respectfully submitted
that BS-VI auto fuels will be supplied in all the retail outlets of NCT of Delhi from April
1, 2018,” the Centre’s affidavit had said.
It had said that “after considering the environmental benefits of early introduction of BS-
VI fuels, it was decided to advance the supply of BS-VI in NCT of Delhi from April 1
itself and necessary directions were issued to the OMCs vide a letter dated November 15,
2017.
“In response to the above, all the OMCs having retail outlets in NCT of Delhi, i.e.,
Indian Oil Corporation Ltd, Bharat Petroleum Corporation Ltd, Hindustan Petroleum
Corporation Ltd, Reliance Industries Ltd and Essar Oil Ltd have confirmed that BS-VI
auto fuels will be supplied in their retail outlets in NCT of Delhi with effect from April
1,” it had said.
It had observed that the health of the people was “far, far more important than the
commercial interests” of the manufacturers.
16) Draft Defence Production Policy, 2018
With the aim of creating up to 30 lakh jobs and a total turnover Rs. 1.7 lakh crore in
defence goods, the Union government has called for public responses to its draft Defence
Production Policy, 2018.
The draft, made public on the Defence Ministry website a few days ago, has suggested
further liberalisation of Foreign Direct Investment (FDI), by permitting up to 74% FDI
under the automatic route. At present, up to 49% FDI is allowed through the automatic
route, though no significant investment has come into the sector.
The draft policy says the government’s aim is to achieve a turnover of Rs. 1,70,000 crore
(approximately $26 billion) in defence goods and services by 2025, involving additional
investment of nearly Rs. 70,000 crore (about $10 billion) creating employment for nearly
2-3 million people.
It also hopes to achieve exports of Rs. 35,000 crore in defence goods and services by
2025 and make India a global leader in cyberspace and AI (Artificial Intelligence)
technologies.
Finance Minister Arun Jaitley announced in his Budget for 2018-19 that the government
would bring out an industry-friendly Defence Production Policy, 2018 to promote
domestic production by the public and private sectors and the MSMEs (micro, small and
medium enterprises). The Defence Ministry will receive public inputs until March-end.
The policy says the vision is to make India among the top five countries of the world in
the aerospace and defence industries, with the active participation of the public and
private sectors, fulfilling the objective of self-reliance as well as the demand of other
friendly countries.
Make in India
The policy aims to create an environment that “encourages a dynamic, robust and
competitive defence industry as an important part of the ‘Make in India’ initiative”.
The policy also hopes to “reduce current dependence on imports and to achieve self-
reliance in development and manufacture” of several weapon systems/platforms, among
them fighter aircraft, medium lift and utility helicopters, warships, land combat vehicles,
autonomous weapon systems, missile systems and gun systems.
17) Meeting India’s electricity needs
One often comes across news about variable renewable energy sources like solar
photovoltaic and wind having reached ‘grid parity’
So what is the concept of grid parity?
Electricity grid is a very complex system that involves long-distance transmission of
electricity at high voltage, step-up and step-down transformers, and a distribution
network at load centres. Infact this complex system connects various electricity
generators and consumers to it.
Solar and wind energy sources
Appropriate ways to deploy solar and wind can be decided by recognising their three
characteristics
1. Zero fuelling cost,
2. Low capacity factors and
3. Intermittency
Solar and wind are eminently suitable for isolated deployment such as for powering
irrigation pumps
An irrigation pump directly connected to a solar panel can be useful for a farmer as he
doesn’t have to depend on the grid. In this application, intermittency of solar is of no
consequence
Scope for Micro-grid and the present scenario in India
In India, there are still communities that have no access to the central electricity grid, or
the supply from the central grid is unreliable
A microgrid getting electricity supply from solar and wind, and connected to consumers
in an isolated remote community, is helpful in providing electricity for lighting, in
charging mobile phones, and small livelihood applications
A storage battery is an integral part of such an isolated microgrid and this increases the
cost of electricity
Experience from such installations indicates that consumers are willing to pay for it in
return for reliable electric supply
Consumers connected to a community managed microgrid can meet their minimum needs
Until the reliability of the central grid can be assured, solar- and wind-powered microgrid
is the way forward for rural and remote communities
Hopefully, ongoing research in battery technologies will bring down the cost of
electricity storage and improve safety of storage, thereby paving the way for a large
deployment of solar and wind
One can expect the International Solar Alliance to direct technology development
towards the needs of all developing countries
But solar and wind cannot meet even a quarter of India’s projected electricity
requirements
A major share has to come from large hydro, nuclear and coal. Out of these three
technologies, one has to prefer low-carbon technologies that is hydro and nuclear
Along with investment in solar and wind, the government must plan for increased
investment in both hydro and nuclear
18) No law to stop a convicted person from forming party: Govt to Supreme Court
There was no law currently to stop a convicted person from forming a political party, the
Centre has told the Supreme Court as it sought dismissal of a plea seeking lifetime ban on
convicted politicians from contesting elections and forming political parties or holding
political posts.
In its affidavit filed in response to the plea, the Ministry of Law and Justice said the
demands raised by the petitioner would require amendments to the law. “… the prayers
sought by the petitioner require amendment to the existing law… a mandamus asking the
government to make a law or introduce amendments to an existing law is not
maintainable and as hence this prayer is for a relief that cannot be granted by the courts,”
it said.
The PIL was filed by Delhi BJP leader and advocate Ashwini Kumar Upadhyay, who
contended that though law debarred convicted politicians from contesting elections, they
were free to run a political party, hold party posts and decide who could contest polls to
become MPs/MLAs.
The government in its affidavit said “having regard to the existing provisions of law
relating to ‘registration of (a) political party’, there does not appear any connectivity and
nexus between the situations debarring the persons disqualified under 1951 Act and/or
convicted under criminal law from contesting an election to Parliament and/or State
Legislature vis-à-vis debarring such persons from forming or becoming a member of any
political party nor does the petition make out such a case”.
Hearing the matter on February 12, the court had raised serious questions over politicians
convicted of crime and corruption heading political parties and selecting candidates for
Parliamentary and assembly polls and said that it was against the spirit of democracy “If a
convicted person cannot contest an election, how can he head of a political party and
select candidates to contest elections?” the court had asked.