Current Affair

Back
DAILY CURRENT AFFAIRS, 18 OCTOBER 2023

SAME-SEX MARRIAGE

1. Context 

A five-judge Constitution Bench, led by Chief Justice of India (CJI) D Y Chandrachud, declined to grant legal recognition to same-sex marriages. The majority opinion, supported by three judges, stated that the matter falls within the legislative domain. Two judges, including CJI Chandrachud, suggested that queer couples could have "civil unions," but they were in the minority.

2. Petitions

  • The SMA provides a civil form of marriage for couples who cannot marry under their personal law and both the recent pleas seek to recognise same-sex marriage in this Act and not personal laws.
  • The first petition was filed by two men, Supriyo Chakraborty and Abhay Dang, who have been a couple for 10 years.
  • Their petition argued that the SMA was "ultra vires" the Constitution "to the extent it discriminates between same-sex couples and "opposite-sex couples"
  • It stated that the Act denied same-sex couples both "legal rights as well as the social recognition and status" that came from marriage.
  • About 15 legislations which guaranteed the rights of wages, gratuity, adoption, surrogacy and so on were not available to LGBTQ+ citizens.
  • The petitioners emphasised that the SMA "ought to apply to a marriage between any two persons, regardless of their gender identity and sexual orientation".
  • The other petition was filed by a same-sex couple of 17 years Parth Phiroze Mehrotra and Uday Raj Anand.
  • The recognition of same-sex marriage was only a "sequel" or a continuation of the Navtej Singh Johar Judgement of 2018 (decriminalising homosexuality) and the Puttaswamy judgement of 2017 (affirming the Right to Privacy as a fundamental right).
  •  The petition did not touch on personal laws but only sought to make the 1954 Act "gender-neutral".
Their plea pointed out that while Section 4 of the SMA permitted the solemnisation of marriage between any two persons, a subsequent section placed restrictions.
It said " The use, in Section 4 (C) of the words 'male' and 'female', as well as the use of gendered language such as the terms "husband/wife" and "bride/ bridegroom" in other sections of the Act, limit the access to marriage to a couple comprising one 'male' and one 'female".

3. Similar petitions

  • There are currently a total of nine petitions pending before the High Court of Delhi and Kerala, seeking to recognise same-sex marriages under Acts such as the SMA, the Foreign Marriage Act and codified personal laws.
  • The Supreme Court Bench transferred the various pending issues before the High Courts to the Supreme Court.

4. The key takeaways from the verdict

  • All five judges, including the CJI, unanimously agreed that there is no fundamental right to marry under the Constitution.
  • The judges unanimously concurred that it is not possible to modify the Special Marriage Act, 1954, using gender-neutral language to permit same-sex marriage. The petitioners sought to interpret the term "marriage" as between "spouses" instead of "man and woman" or to strike down gender-restrictive provisions of the Act.
  • CJI Chandrachud expressed that striking down provisions of the Special Marriage Act or interpreting it in a gender-neutral way would jeopardize the legal framework for interfaith and inter-caste couples. He argued that this would constitute "judicial lawmaking" and violate the doctrine of separation of powers.
  • While CJI Chandrachud and Justice Kaul advocated for civil unions for same-sex couples, they were in the minority. A civil union grants legal recognition to same-sex couples, offering them specific rights and responsibilities akin to marriage. However, it does not have the same status in personal law.
  • The minority view, articulated by CJI Chandrachud and supported by Justice Kaul, emphasized that the right to form unions stems from fundamental rights like freedom of speech and expression, as well as the right to life. They asserted that same-sex couples in civil unions should be entitled to a range of rights enjoyed by heterosexual couples.
  •  All five judges acknowledged the government's commitment to forming a high-level Cabinet committee to explore the rights that can be granted to non-heterosexual couples. This includes issues such as joint bank accounts, spousal beneficiary rights for provident funds, pensions, inheritance, and the ability to make medical decisions for one another.
  • The minority view, represented by CJI Chandrachud and Justice Kaul, struck down specific guidelines set by the Central Adoption Resource Authority (CARA) that prohibited same-sex or unmarried couples from jointly adopting a child.
 
5. The judges said four key questions

1. Fundamental Right to Marry

Minority View: Chief Justice D Y Chandrachud disagreed with the argument that there's an inherent fundamental right to marry under the Constitution. He suggested that marriage gained its significance due to state regulation, thus marriage itself is not fundamental.

Majority View: All five judges, including Justice Bhat, emphasized that personal preferences, no matter how important to an individual, do not necessarily constitute fundamental rights. They cited the risk of undermining the legal framework for interfaith and inter-caste couples if the Special Marriage Act (SMA) were to be modified to recognize same-sex marriage.

2. Interpretation of the Special Marriage Act

Minority View: CJI Chandrachud argued that altering the SMA to allow same-sex marriage would be legislative in nature and would harken back to an era when interfaith or inter-caste couples couldn't marry.

Majority View: Justice Bhat echoed the minority view's concerns about modifying the SMA, as it was designed to cater exclusively to heterosexual couples of different faiths. The majority view suggested that only the legislature could rectify this.

3. Queer Couples' Right to Adopt a Child

Minority View: CJI Chandrachud struck down certain CARA regulations, asserting that they did not serve the child's best interests and perpetuated disadvantages against the queer community. The minority argued that the law should not assume parenting abilities based on an individual's sexuality.

Majority View: The majority concurred with the minority's concerns about discrimination against queer couples in adoption matters. Justice Bhat pointed out the discriminatory aspects of this policy but suggested that only the legislature and executive could make this change.

4. Civil Unions for Queer Couples

Minority View: CJI Chandrachud stated that the right to form intimate associations is part of the freedom of speech and expression, emphasizing that the state must recognize a range of entitlements arising from such relationships. A committee chaired by the Cabinet Secretary would define the rights available to queer couples in unions.

Majority View: Justice Bhat rejected the notion that the court could prescribe the "choice" of civil unions for queer couples. Instead, the majority opinion suggested that the state should facilitate this choice if the community reaches a consensus on this matter.

6. Navtej Johar judgment (2018)

  • The five-judge Supreme Court Bench had decriminalised homosexuality and unanimously held that the criminalisation of private consensual sexual conduct between adults of the same sex under the more than 150-year-old Section 377 of the Indian Penal Code was unconstitutional.
  • The judgment had apologised to the LQBTQ+ community for the wrongs of history and had also stated: "Sexual orientation is natural. Discrimination based on sexual orientation is a violation of freedom of speech and expression".
  • Besides decriminalising consensual homosexuality, the judgment also made other important observations. 
  • It noted that homosexuals had the right to live with dignity and were "entitled to the protection of equal laws and are entitled to be treated in society as human beings without any stigma being attached to any of them".
  • It stated that a person's bodily autonomy be constitutionally protected and that sharing intimacy in private with a person of choice formed a part of the individual's right to privacy.
  • CJI Chandrachud also emphasised that the case was not solely about striking down Section 377 but also about the rights of the LGBTQ+ community.

7. NALSA vs Union of India judgment (2014)

The Court had said that non-binary individuals were protected under the Constitution and fundamental rights such as equality, non-discrimination, life, freedom and so on could not be restricted to those who were biologically male or female.

8. Government's stand

  • Late last year, while responding to the pleas seeking recognition of same-sex marriages in the Delhi High Court, Solicitor General Tushar Mehta for the Centre had said that as per the law, marriage was permissible between a "biological man" and biological woman".
  • He also argued that there were misconceptions about the Navtej Kaur judgment. "It merely decriminalises It does not talk about marriage," Mr Metha had stated.
  • The Counsel of the petitioner had rejected this by saying that while the 2018 judgement did not mention the words "same-sex marriage" the "inevitable conclusion" favoured recognising it.
  • In its affidavit opposing the pleas, the Centre had said: "The acceptance of the institution of marriage between two individuals of the same gender is neither recognised nor accepted in any uncodified personal laws or any codified statutory laws".
  • It also argued against the urgency of the pleas by saying nobody was "dying" in the absence of a marriage certificate.

8. Other countries 

  • A total of 32 countries around the world have legalised same-sex marriages, some through legislation and others through judicial pronouncements.
  • Many countries first recognised same-sex civil unions as the escalator step to recognise homosexual marriage.
Civil unions or partnerships are similar arrangements to marriages which provide legal recognition of unmarried couples of the same or opposite sex to grant them some of the rights that come with marriage such as inheritance, medical benefits, employee benefits to spouses, managing joint taxes and finances and in some cases even adoption.
 
  • The Netherlands was the first country in 2001 to legalise same-sex marriage by amending one line in its civil marriage law.
  • In some countries, the decriminalisation of homosexuality was not followed for years by the recognition of same-sex marriage, for instance, in the U.S. the former happened in 2003 while the latter was in 2015.
For Prelims & Mains
 
For Prelims: Same-Sex Marriage, Special Marriage Act,  LGBTQ+ citizens, Navtej Singh Johar Judgement, Puttaswamy judgement, NALSA vs Union of India judgment, 
For Mains:
1.  What is same-sex marriage? Discuss the various issues to legalize same-sex marriage in India. (250 Words)
2. LGBTQ community “are entitled to the full range of constitutional rights”. Comment (250 Words)
 
 
Previous Year Questions:

Which Article of the Constitution of India safeguards one’s right to marry the person of one’s choice? (UPSC 2019)

(a) Article 19

(b) Article 21

(c) Article 25

(d) Article 29

Answer (b)

Source: The Hindu, Indian express
 

ELECTORAL BOND SCHEME

1. Context 

The recent dismissal of petitions seeking to halt the sale of electoral bonds by the Supreme Court has reignited debates over the use of these instruments in Indian politics. Electoral bonds, introduced in the 2017 Union Budget, allow donors to make anonymous contributions to political parties. This article delves into the issues surrounding electoral bonds and the pending constitutional challenge against them.

2. The Pending Challenge

  • The challenge against electoral bonds was initiated in 2017 by the Association for Democratic Reforms and Common Cause, non-profit organizations advocating for electoral transparency.
  • The case questions the constitutionality of the electoral bonds scheme and seeks to bring political parties under the ambit of the Right to Information Act, compelling them to disclose their income and expenditure.
  • Although the Supreme Court has rejected a plea to suspend the sale of electoral bonds, the larger constitutional challenge remains pending.
  • The court admitted the petition and solicited responses from the government and the Election Commission of India (EC). However, the case has not yet received in-depth consideration.

3. About Electoral Bonds

The electoral bonds scheme is a mechanism for political funding introduced by the Indian government in 2017. It allows individuals, organizations, and corporations to make anonymous donations to political parties. Over 12,900 electoral bonds worth Rs 6,534.78 crore were sold in 15 phases between March 2018 and January 2021.

3.1. Key Features of Electoral Bonds

  • Electoral bonds allow donors to make contributions to political parties while maintaining anonymity. The bonds do not carry any information about the donor, ensuring that the identity of the contributor remains undisclosed.
  • Electoral bonds are available in multiple denominations, including Rs 1,000, Rs 10,000, Rs 1 lakh, Rs 10 lakh, and Rs 1 crore. Donors can purchase bonds in these denominations to contribute to political parties.
  • The State Bank of India (SBI) is the sole authorized bank for the sale of electoral bonds. Donors can buy these bonds from designated SBI branches.
  • Donors must fulfil Know Your Customer (KYC) norms while purchasing electoral bonds, which includes providing their personal information to the bank. However, this information is not disclosed to the political party receiving the donation.
  • Political parties have 15 days to encash the electoral bonds in their verified bank accounts. This ensures that the bonds are promptly converted into funds.
  • There is no limit on the number of electoral bonds an individual or company can purchase, allowing for substantial contributions.
  • If a political party does not encash the electoral bonds within the stipulated 15-day period, the SBI deposits these bonds into the Prime Minister's Relief Fund.
  •  A contentious feature of the scheme is that political parties receiving donations through electoral bonds are exempt from disclosing the source of these donations in their mandatory annual contribution reports to the Election Commission of India (EC).

3.2. Rationale Behind the Electoral Bonds Scheme

The rationale for introducing the electoral bonds scheme was as follows:

  • Proponents of the scheme argued that it would bring a level of transparency to political funding by making contributions through a banking channel, as all transactions would go through the banking system, leaving an audit trail.
  • The scheme was intended to protect the privacy of donors, allowing individuals and entities to contribute to political parties without fear of retribution or public exposure.
  • By providing a legal and transparent means for making political contributions, the scheme aimed to reduce the use of unaccounted-for cash in political funding, which was perceived as a major source of corruption in the political process.
  • The scheme encouraged donors to make contributions through the formal banking system, thereby promoting digital transactions and aligning with the government's push for a cashless economy.

3.3. Challenges and Controversies

  • The primary point of contention with electoral bonds is the anonymity they offer to donors.
  • An amendment to the Finance Act 2017 exempts parties from disclosing donations received through these bonds.
  • This means that voters are unaware of the source and extent of funding for political parties, undermining transparency.
  • Transparency activists argue that the amendment infringes upon the citizen's 'Right to Know' and further reduces the accountability of the political class.
  • While the citizens remain uninformed, the government can access donor details from the State Bank of India, rendering only the taxpayers unaware of the source of donations.
Electoral bonds have gained popularity due to the anonymity they offer to donors. More than half of the total income of national and regional parties in the financial year 2018-19 came from electoral bond donations. The Bharatiya Janata Party (BJP) emerged as the largest beneficiary, receiving 60.17% of the total electoral bond donations.

4. Election Commission's Stand

The Election Commission has expressed objections to amendments in the Representation of the People Act that exempt political parties from disclosing donations via electoral bonds. It has raised concerns about the potential violation of provisions prohibiting political parties from receiving donations from government companies and foreign sources.

5. The Way Forward

The electoral bonds scheme was introduced to enhance transparency, it has generated significant debates and concerns. A comprehensive way forward should focus on striking a balance between anonymity for donors and the citizens' right to know the financial sources of political parties. Transparent and accountable political funding is crucial for upholding the democratic values and integrity of the political process in India.
 
For Prelims: Electoral Bonds, SBI, Election Commission of India, Right to Know, Finance Act 2017, Prime Minister's Relief Fund
For Mains:
1. Examine the challenges and controversies surrounding the Electoral Bonds Scheme, particularly regarding donor anonymity and transparency in political funding. How have these issues raised concerns about the integrity of the political process in India? (250 Words)
 
 
Previous Year Questions
 
Prelims

1. Consider the following statements: (UPSC 2017)

1. The Election Commission of India is a five-member body.
2. Union Ministry of Home Affairs decides the election schedule for the conduct of both general elections and bye-elections.
3. Election Commission resolves the disputes relating to splits/mergers of recognised political parties.

Which of the statements given above is/are correct?

A. 1 and 2 only          B. 2 only              C. 2 and 3 only                D. 3 only

Answer: D

2. With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142. It could mean which one of the following? (UPSC CSE 2019)
(a) The decisions taken by the Election Commission of India while discharging its duties cannot be challenged in any court of law.

(b) The Supreme Court of India is not constrained in the exercise of its powers by laws made by the Parliament.
(c) In the event of a grave financial crisis in the country, the President of India can declare a Financial Emergency without the counsel from the Cabinet.
(d) State Legislatures cannot make laws on certain matters without the concurrence of the Union Legislature.

Answer: B

3. Consider the following statements : (UPSC 2021)

1. In India, there is no law restricting the candidates from contesting in one Lok Sabha election from three constituencies.
2. In the 1991 Lok Sabha Election, Shri Devi Lal contested from three Lok Sabha constituencies.
3. As per the- existing rules, if a candidate contests in one Lok Sabha election from many constituencies, his/her party should bear the cost of bye-elections to the constituencies vacated by him/her in the event of him/her winning in all the constituencies.
Which of the statements given above is/are correct?
A. 1 only         B. 2 only           C. 1 and 3             D. 2 and 3
 
4. Consider the following statements about Electoral Bond Scheme 2018: (RPSC RAS Prelims 2018)
(A) The aim of this scheme is to bring about transparency in the funding process of political parties.
(B) Only the political parties recognized by the Election Commission which secured not less than one per cent of the votes polled in the last general election to the House of People or the Legislative Assembly of the State shall be eligible to receive the Electoral Bonds.
(C) Electoral Bonds shall be valid for fifteen calendar days from the date of issue.
(D) The Electoral Bond deposited by an eligible political party in its account shall be credited on the same day.
Which of the above statements are correct?
1.  Only (A) and (B)     
2.  (A), (B), (C) and (D)
3. Only (B), (C) and (D)
4. Only (A), (C) and (D)
Answer: 2
 
5. With reference to the PM CARES Fund, consider the following statements: (AFCAT 27 2022)
I. The amount collected by it directly goes to the Consolidated Fund of India.
II. It can avail donations from the foreign contribution and donations to fund can also avail 100% tax exemption.
Which of the above statements is/are correct?
A. I only            B. II only           C. Both I and II        D. Neither I nor II
 
Answer: B
 
6. The Prime Minister's National Relief Fund is operated by which one of the following bodies?  (CDS 2019)
A. The Prime Minister's Office (PMO)
B. The National Disaster Management Authority
C. The Ministry of Finance
D. The National Development Council (NDC)
Answer: A

Mains

1. In the light of recent controversy regarding the use of Electronic Voting Machines (EVM), what are the challenges before the Election Commission of India to ensure the trustworthiness of elections in India? (UPSC 2018)

2. Discuss the role of the Election Commission of India in the light of the evolution of the Model Code of Conduct. ( UPSC 2022)

 Source: The Indian Express

PARLIAMENT AND STATISTICS

 
 
1. Context
FEWER younger MPs than in the early years of Parliament, more women voters but only a partial increase in women representation in the House, fewer sittings and fewer Bills, but an increase in the number of ordinances passed. With the five-day special session of Parliament beginning September 18 2023 set to discuss “Parliamentary Journey of 75 years starting from Samvidhan Sabha – Achievements, Experiences, Memories and Learnings”
 
2. Younger representation (below 35)
  • Notwithstanding the rising share of youth in the total population of the country, the number of parliamentarians aged 35 and below in the Lok Sabha has dwindled to a record low
  • Documents available on the Lok Sabha portal show that while this number stood at 82 in the First Lok Sabha (still the highest ever), it is 21 in the ongoing 17th Lok Sabha.
  • Their number has fallen by a fourth despite the total number of seats in the Lower House increasing from 499 to 545 during this period, and despite the rising youth population in the country
  • As per Census 2011, about 66% of India’s population was below 35 years of age. Given the dwindling number of young MPs, the average age in the Lok Sabha has risen over the years  from 46.5 years in the First Lok Sabha (1952-57) to 55 years in the 17th (2019-2023)
chart
 
2. Women's representation
  • Women’s turnout has been steadily increasing since 1962, the earliest year for which data is available.
  • That year, 62% of the male voters and 46.6% of the women electors turned out to vote; by the time of the 2019 polls, women had left men behind, at 67.2% voting compared to 67%
  • Correspondingly, the number of women candidates has also risen, from just 45 in the 1957 Lok Sabha elections (the second) to 726 in 2019
  • However, their share in the Lok Sabha ranks remains low. In the first Lok Sabha (1951), there were 22 women MPs, 4.41% of the total 489
  • In 1957, 27 women got elected out of 494 total. The figure of 78 elected in the 2019 Lok Sabha elections is the highest ever, but it is still only 14.36% of the total, That makes it less than half of the 33% seats envisioned to be kept aside for women by the women’s reservation Bill.
  • The last initiative to pass it was by the UPA government in 2008, when it introduced it in the Rajya Sabha to ensure it didn’t lapse with change in government. However, the Bill failed to clear the Lok Sabha in 2010
women's turnout
 
3. Number of Sittings
Between 1952 and 1974, the Lok Sabha met for over 100 days a year each. Since then, the Lower House has not crossed the 100-day annual threshold except in 1978, 1981, 1985, 1987 and 1988.
The maximum number of days the Lok Sabha met in a year was in 1956, when it held 151 sittings; while its lowest was in Covid year 2020, when it met for 33 days
The Rajya Sabha also saw its lowest number of sittings (33days) in 2020, and the highest (113 days) in 1956.
For the Lok Sabha, the average number of minutes per day of sitting have also come down from 335 during the first Lok Sabha (1952-1957) to 314 in 14th Lok Sabha (2004-2009). Comparable data for 2019-2023 is not available.
 chart
 
4. Ordinances
  • With the Houses sitting for fewer days and passing fewer Bills, there has been an uptick in the ordinances promulgated by the Union government.
  • From 1952 to 1965 (a period of stable Congress governments in power), the number was in single digits. From 1966 to the early 1980s (when the period of political uncertainty at the Centre began), it rose to double digits per year
  • This number again saw an increase during the 1990s (when there were coalition governments), but fell between 2002-2012 (starting from the Vajpayee era and lasting into the UPA I and II governments)
  • Since 2013 (one year before the Modi government came to power), there has again been an uptick in the number of ordinances issued by the Centre
chart
 
5. Way forward
As per 60 Years of Lok Sabha, published by the Lok Sabha Secretariat, the time spent by the House on questions has seen a decline. While the First Lok Sabha (1952-57) spent 15% — 551 hours and 51 minutes of its total time of 3,783 hours and 54minutes — on questions and answers, the figure fell to 11.42% during the 14th Lok Sabha (2004-2009). Comparable data is not available for the 15th, 16th and 17th Lok Sabhas
 
Source: indianexpress

SURROGACY BILL

1. Context 

A recent report reveals significant recommendations by a Select Committee of Parliament regarding the contentious Surrogacy (Regulation) Bill, 2019. These recommendations aim to enhance the accessibility of modern technology for infertile couples. 

2. Genesis of the Bill

The Surrogacy Bill was first proposed in 2016, driven by reports of exploitation of women in surrogacy arrangements. It seeks to address these concerns and regulate surrogacy practices in the country.

Provisions of the Surrogacy (Regulation) Bill

The Surrogacy Bill primarily focuses on altruistic ethical surrogacy for infertile Indian married couples. The key provisions are as follows:

  1. Indian married couples in the age groups of 23-50 years for women and 26-55 years for men.
  2. A legal marriage of at least five years is mandatory.
  3.  The couple cannot have a surviving child, whether biological or adopted, except for cases involving mentally or physically challenged children or those with life-threatening disorders with no permanent cure.
  4. Surrogacy clinics must be registered, and national and state surrogacy boards must be established.
  5. The bill prohibits commercial surrogacy and penalizes abandoning or disowning a surrogate child with imprisonment up to 10 years and a fine up to Rs 10 lakh.

3. Recommended Changes by the Select Committee

The Select Committee, led by BJP Rajya Sabha MP Bhupender Yadav, has proposed several changes to the Surrogacy Bill:

  • The committee recommends removing the clause limiting surrogacy to close relatives, allowing any willing woman to become a surrogate mother, provided all other requirements are met and authorized by the appropriate authority.
  • The committee supports the ban on commercial surrogacy.
  • It suggests allowing divorced and widowed women between the ages of 35 and 45 to be single-commissioning parents. The five-year waiting period for childless married couples could be waived with a medical certificate indicating their inability to conceive.
  • The committee recommends that persons of Indian origin should also be eligible to avail of surrogacy services.
  • The definition of commissioning parents remains limited to married couples, excluding single individuals, whether men or women.

4. The Role of the ART Bill

  • ART is used to treat infertility. It includes fertility treatments that handle both a woman's egg and a man's sperm. It works by removing eggs from a woman's body and mixing them with sperm to make embryos. The embryos are then put back in the woman's body.
  • In Vitro Fertilization (IVF) is the most common and effective type of ART.
  • ART procedures sometimes use donor eggs, donor sperm, or previously frozen embryos. It may also involve a surrogate carrier.
  • The Assisted Reproductive Technology (Regulation) Bill, which has been in development since 2008, aims to regulate the field of assisted reproduction.
  • It requires the registration of IVF clinics and sperm banks, among other provisions.
  • The Select Committee suggests that the Surrogacy Bill should be enacted after the ART Bill to avoid duplication and better address the technical and medical aspects.
India's surrogacy market is estimated to involve around 2,000 babies born through commercial surrogacy annually. Lack of regulations and economic disparities contribute to this $2.3 billion industry.

5. Previous Parliamentary Scrutiny

The Surrogacy Bill was previously scrutinized by the Parliamentary Standing Committee on Health and Family Welfare. Recommendations made by that committee, such as replacing "altruistic" with "compensated" and allowing surrogates from outside the family, were not accepted by the government.

6. The Way Forward

The government has the authority to accept or reject the recommendations put forth by the Select Committee. While previous progressive recommendations were not implemented, there is hope that the current suggestions could lead to more inclusive and comprehensive surrogacy regulations in India. The future of surrogacy in the country remains a matter of debate and deliberation.

For Prelims: Assisted Reproductive Technology (Regulation) Bill, Surrogacy (Regulation) Bill, 2019, Select Committee of Parliament, IVF clinics, sperm banks,
For Mains: 
1. Discuss the ethical and legal challenges associated with surrogacy in India. How can the government strike a balance between regulating the industry and ensuring the rights and well-being of all parties involved? (250 Words)
 
 
Previous Year Questions

1. In the context of recent advances in human reproductive technology, “Pronuclear Transfer” is used for (UPSC 2020)

(a) fertilization of egg in vitro by the donor sperm
(b) genetic modification of sperm producing cells
(c) development of stem cells into functional embryos
(d) prevention of mitochondrial diseases in offspring

Answer: D

2. With reference to the Parliament of India, which of the following Parliamentary Committees scrutinizes and reports to the House whether the powers to make regulations, rules, sub-rules, by-laws, etc., conferred by the Constitution or delegated by the Parliament are being properly exercised by the Executive within the scope of such delegation? (UPSC 2018)

(a) Committee on Government Assurances
(b) Committee on Subordinate Legislation
(c) Rules Committee
(d) Business Advisory Committee

Answer: B

3. Who among the following devised the technique IVF (In vitro Fertilization)? (SSC CGL 2017) 

A. Sir Frank Whittle
B. Robert Edwards
C. Edward Jenner
D. Dr. Martin Cooper

Answer: B

4. Consider the following statements: (UPSC 2019)

1. Genetic changes can be introduced in the cells that produce eggs or sperms of a prospective parent.
2. A person’s genome can be edited before birth at the early embryonic stage.
3. Human induced pluripotent stem cells can be injected into the embryo of a pig.

Which of the statements given above is/are correct?

(a) 1 only       (b) 2 and 3 only         (c) 2 only           (d) 1, 2 and 3

Answer: D

 Source: The Indian Express

INTER-STATE COUNCIL

 
 
1. Context
Tamil Nadu Chief Minister M K Stalin wrote to Prime Minister Narendra Modi asking that at least three meetings of the Inter-State Council should be held every year to “strengthen the spirit of cooperative federalism”.
 
2. Inter-State Council
  • The Interstate Council refers to a constitutional body in India that is responsible for promoting cooperation and coordination among the states and union territories of the country. It was established under Article 263 of the Indian Constitution.
  • The primary purpose of the Interstate Council is to address various issues, disputes, and concerns that may arise between different states and union territories in India
  • In 1988, the Sarkaria Commission suggested the Council should exist as a permanent body, and in 1990 it came into existence through a Presidential Order
  • The main functions of the Council are inquiring into and advising on disputes between states, investigating and discussing subjects in which two states or states and the Union have a common interest, and making recommendations for the better coordination of policy and action.
  • The Prime Minister is the chairman of the Council, whose members include the Chief Ministers of all states and UTs with legislative assemblies, and Administrators of other UTs.
  • Six Ministers of Cabinet rank in the Centre’s Council of Ministers, nominated by the Prime Minister, are also its members
3. Key functions of Interstate Council
  1. Discussing and resolving disputes or differences among states and union territories.
  2. Formulating and implementing policies that are beneficial for the harmonious development of the states.
  3. Monitoring and assessing the implementation of central and state schemes and projects.
  4. Facilitating cooperation and coordination on matters of common interest, such as economic and social development, security, and infrastructure.
  5. Recommending measures to improve the quality of administration and governance at the state and union territory levels.
4. Challenges
  • The lack of regular meetings, saying the Council has met only once in the last six years — and that there has been no meeting since July 2016. Since its constitution in 1990, the body has met only 11 times, although its procedure states it should meet at least three times every year
  • In 2016, the meeting included consideration of the Punchhi Commission’s recommendations on Centre-State Relations that were published in 2010. At the time, M Karunanidhi had criticised then Chief Minister J Jayalalithaa for not personally attending the meeting
  • The meeting saw detailed discussion on the recommendations. States asked for maintaining the federal structure amid growing “centralisation”. Imposition of Article 356 of the Constitution, which deals with the imposition of President’s Rule in states, was a matter of concern
 
5.Way forward
The body will now have 10 Union Ministers as permanent invitees, and the standing committee of the Council has been reconstituted with Home Minister Amit Shah as Chairman.
Finance minister Nirmala Sitharaman and the Chief Ministers of Maharashtra, UP, and Gujarat are some of the other standing committee members
 
Source: indianexpress

CHERIYAPANI

 
 
1. Context
An age-old sea route between India and Sri Lanka has been rejuvenated with the inauguration of a passenger ferry service called Cheriyapani from Nagapattinam in Tamil Nadu to Kankesanthurai in Jaffna, Northern Sri Lanka
Dona Ann John - Kottayam, Kerala, India | Professional Profile | LinkedIn
 
2. About Cheriyapani
  • The initiative is aimed at bolstering bilateral ties, boosting tourism, and increasing people-to-people relations. It is expected to benefit local traders on both shores
  • The maritime linkage between India and Sri Lanka isn’t new. The Indo-Ceylon Express or Boat Mail ran between Chennai and Colombo via the Thoothukudi port from the early 1900s up until 1982. However, the civil war in Sri Lanka resulted in the halting of these services
  • Before the civil war erupted, one of the most popular routes was from Dhanushkodi to Talaimannar. Passengers from Chennai would get onto the Boat Mail Express, a train from Chennai’s Egmore railway station, and then transfer to a coal-powered steam ferry in Dhanushkodi, which would take them to Talaimannar in roughly two hours.
  • Maritime linkage between India and Sri Lanka isn’t new. The Indo-Ceylon Express or Boat Mail ran between Chennai and Colombo via the Thoothukudi port from the early 1900s up until 1982. However, the civil war in Sri Lanka resulted in the halting of these services
  • Before the civil war erupted, one of the most popular routes was from Dhanushkodi to Talaimannar. Passengers from Chennai would get onto the Boat Mail Express, a train from Chennai’s Egmore railway station, and then transfer to a coal-powered steam ferry in Dhanushkodi, which would take them to Talaimannar in roughly two hours
  • The resumption of ferry services has been on the cards for quite some time, especially after the war ended in 2009. A Memorandum of Understanding (MoU) concerning passenger transportation by sea was signed in 2011 and a similar service was launched. However, it did not last for more than six months due to poor response
  • Attempts were also made to establish services from Rameswaram to Talaimannar and Karaikal to Kankesanthurai. Various challenges kept these proposals from materialising
  • By providing a transportation option, the ferry can amplify religious tourism in the coastal regions of both countries. From India, travellers can access significant religious sites in Colombo and the southern parts of Sri Lanka. Indian pilgrim centres such as Nagapattinam, Nagore, Velankanni, Thirunallar, and temple towns such as Thanjavur, Madurai, and Tiruchi are expected to see an influx of Lankan tourists.
  • Beyond religious tourism, the services would boost regional commerce and trade.
  • The Nagapattinam port, under the Tamil Nadu Maritime Board, was upgraded recently with funds worth Rs 8 crore from the Union Ministry of External Affairs
3. Vision Document between India and Sri Lanka
  • India and Sri Lanka in July 2023 adopted a ‘vision document’ for a deeper economic partnership after talks between Sri Lankan President Ranil Wickremesinghe and Prime Minister Narendra Modi
  • The ‘vision document’ adopted is based on five pillars: maritime connectivity; air connectivity; energy and power connectivity; trade, economic and financial connectivity, and people-to-people connectivity
  • On maritime connectivity, it outlines cooperation in development of ports and logistics at Colombo, Trincomalee and Kankesanthurai, with an aim to consolidate regional logistics and shipping.
  • It also talks of resumption of passenger ferry services between Nagapattinam in India and Kankesanthurai in Sri Lanka besides working towards early resumption of ferry services between Rameshwaram and Talaimannar
  • The document also mentions expansion of flights between Chennai and Colombo, besides exploring connectivity between Chennai and Trincomalee, Batticaloa and other destinations in Sri Lanka. This will, according to the document, “encourage and strengthen investment and cooperation in civil aviation, including augmentation of airport infrastructure at Palaly for greater economic benefits to the people.”
  • On energy and power connectivity, the two sides plan to “establish a high capacity power grid interconnection… to enable bidirectional electricity trade between Sri Lanka and other regional countries, including those of the BBIN (Bangladesh, Bhutan, India, Nepal) initiative. This has the potential to not only bring down the costs of electricity in Sri Lanka but also help create a valuable and dependable source of foreign exchange for Sri Lanka
  • The document also talks of expediting “implementation of understanding reached” on the Sampur Solar power project and LNG infrastructure, and exploring cooperation in Green Hydrogen and Green Ammonia.”
  • The two countries will also be working on a multi-product petroleum pipeline from India’s South to Sri Lanka, besides undertaking a “mutually agreed” joint exploration and production of hydrocarbons in Sri Lanka’s offshore basins to develop Sri Lanka’s upstream petroleum sector
  • According to the document, the two sides will also “undertake discussions on the Economic and Technology Cooperation Agreement with an aim to comprehensively enhance bilateral trade and investments in new and priority areas.”
  • According to the document, the “decision to designate Indian Rupee as currency for trade settlements between the two countries has forged stronger and mutually-beneficial commercial linkages”. It said both sides agreed to operationalise “UPI-based digital payments for further enhancing trade and transactions between businesses and common people”
  • The two sides also “agreed to leverage India’s Digital Public Infrastructure in accordance with Sri Lanka’s requirements and priorities towards effective and efficient delivery of citizen-centric services to the people of Sri Lanka”
  • The two countries also plan “to promote awareness and popularize India’s Buddhist circuit, and Ramayana trail as well as ancient places of Buddhist, Hindu and other religious worship in Sri Lanka for enhancing tourism”, besides exploring cooperation between educational institutions
4. Way forward
To expand cooperation between research and academic institutes in areas of mutual interests such as agriculture, aquaculture, IT, business, finance and management, health and medicine, earth and marine sciences, oceanography, space applications, as well as history, culture, languages, literature, religious studies and other humanities.
 
Source: indianexpress
 
 
 
 

Share to Social