1. Context

2. What is the case about?

• The petition by Advocate Ashwini Upadhyay has contended that the 2011 census showed that Hindus have become a minority in Lakshadweep (2.5%), Mizoram (2.75%), Nagaland (8.75%), Meghalaya (11.53%), J&K (28.44%), Arunachal Pradesh (29%), Manipur (31.39%), and Punjab ( 38.40%), but were being denied minority benefits that are currently being enjoyed by the respective majority communities in these places.
• The Plea relies on the Supreme Court's 2002 ruling in the TMA Pai Foundation case (TMA Pai Foundation & Ors vs State of Karnataka & Ors) and the 2005 decision in the Bal Patil case (Bal Patil & Anr vs Union of India & Ors).

3. Notified Minorities in India

• Currently, only those communities notified under section 2(c) of the NCM Act, 1992 by the central government are regarded as minorities.
• In 1993, the first statutory National Commission was set up, and five religious communities Viz. The Muslims, Christians, Sikhs, Buddhists, and Zoroastrians (Parsis) were notified as minority communities.
• In 2014, Jains were also notified as a minority community.
• The expression "minorities" appears in some Articles of the Constitution, but is not defined anywhere.

4. What does the Constitution say about minorities?

5. What have courts said on the subject?
TMA PAI:

• In ‘TMA Pai’, an 11-judge bench of the Supreme Court dealt with the question of the scope of rights of minorities to establish and administer educational institutions of their choice under the Constitution.
• A majority ruling by six judges in 2002 referred to two other cases pertaining to the DAV College in Punjab, in which the SC had to consider whether Hindus were a religious minority in the State of Punjab.
• It said, “In DAV College v. State of Punjab [1971]…the question posed was as to what constituted a religious or linguistic minority, and how it was to be determined.
• After examining the opinion of this Court in the Kerala Education Bill case [1958], the Court held that the Arya Samajis, who were Hindus, were a religious minority in the State of Punjab, even though they may not have been so in relation to the entire country.
• “In another case, DAV College Bhatinda v. State of Punjab [1971]…the observations in the first DAV College case was explained, and on page 681, it was stated that “what constitutes a linguistic or religious minority must be judged in relation to the State in as much as the impugned Act was a State Act and not in relation to the whole of India.”
• “This Court rejected the contention that since Hindus were a majority in India, they could not be a religious minority in the State of Punjab, as it took the State as the unit to determine whether the Hindus were a minority community.
• There can, therefore, be little doubt that this Court has consistently held that the unit to determine a religious or linguistic minority can only be the State.”

• In 2005, the SC in its judgment in ‘Bal Patil’ referred to the TMA Pai the ruling, and said:
  “After the verdict in the eleven judges’ Bench in the TMA Pai Foundation case (supra), the legal position stands clarified that henceforth the unit for determining the status of both linguistic and religious minorities would be ‘state’.
• If, therefore, the State has to be regarded as the unit for determining “linguistic minority” vis-a-vis Article 30, then with “religious minority” being on the same footing, it is the State in relation to which the majority or minority status will have to be determined.
• “The minority for the purpose of Article 30 cannot have different meanings depending upon who is legislating.
• Language is the basis for the establishment of different States for the purposes of Article 30, a “linguistic minority” will have to be determined in relation to the State in which the educational institution is sought to be established.
• The position with regard to the religious minority is similar since both religious and linguistic minorities have been put on a par in Article 30.”

6. Steps Taken by GoI for Minorities

• Separate Ministry: The Ministry of Minority Affairs was set up to improve the socio-economic conditions of minorities through affirmative action and inclusive development so that every citizen has an equal opportunity to participate actively in building a vibrant nation.
• Schemes: Various schemes, launched, are meant only for the economically weaker sections or underprivileged children and candidates of the minority communities and are not for everyone belonging to the minority community.
• Article 246: Parliament under Article 246 of the Constitution, read with Entry 20 in Concurrent List in Schedule Seven, has enacted the National Commission for Minorities Act, 1992. 
• Prime Minister’s 15-Point Programme for the Welfare of Minorities: An important objective of the Programme is to ensure that an appropriate percentage of the priority sector lending is targeted for the minority communities and that the benefits of various government-sponsored schemes reach the under-privileged, which includes the disadvantaged sections of the minority communities. The Programme is being implemented by the Central Ministries/Departments concerned through State Governments/Union Territories and envisages location of a certain proportion of development projects in minority concentration districts.

Previous year Question

CIVIL UNION

1. Context 

A five-judge bench of the Supreme Court, headed by Chief Justice of India DY Chandrachud heard a batch of petitions seeking legal recognition of same-sex marriage.

2. Key points

• While the Centre, through Solicitor General Tushar Mehta, Contested the maintainability of the petitions and also the judiciary's right to confer legal recognition of the "Socio-legal institution" of marriage.
• The CJI clarified that the hearing's scope would be limited to developing a notion of a "civil union" that finds legal recognition to develop a notion of a "civil union" that finds legal recognition under the Special Marriage Act.

3. About Civil Union

• A civil union refers to the legal status that allows same-sex couples specific rights and responsibilities normally conferred upon married couples.
• Although a civil union resembles a marriage and brings with it employment, inheritance, property and parental rights, there are some differences between the two.

4. Difference between the Civil Union and Marriage

 

• Before the 2015 ruling, a majority of the US states had civil union laws that allowed same-sex couples to marry, without providing them formal recognition of the same.
• These civil unions would be accompanied by rights such as inheritance rights, employment benefits to spouses, joint parenting or joint ownership rights and the right to abstain from testifying against one's partner similar to the spousal privilege given under Section 122 of the Indian Evidence Act when it comes to disclosure of communication between two spouses.
• A big difference between civil unions and marriages was that the former was recognised solely by issuing states and not by federal law.
• This created a situation where such couples could not enjoy the benefits of being in a civil union, uniformly, across all states.
• Since the US had a system where states had to determine their marriage laws, this disparity of recognition existed.
• In the wake of the legalisation of same-sex marriages, several civil unions were converted into marriages.
• In the year 2015, the Supreme Court of the United States (SCOTUS) legalised same-sex marriages across the nation with its landmark ruling in "Obergefell v. Hodges".

5. Countries that allow civil unions

• The United States is just one of the countries that allow same-sex unions.
• Before 2009, the year that Sweden legalised same-sex marriages, LGBTQ couples there could apply for civil unions and enjoy benefits such as the right to adopt.
• Similarly, from 1993, couples in Norway enjoyed the right to enter into civil unions, which gave way to a new law 15 years later, allowing such couples to marry, adopt and undergo state-sponsored artificial insemination.
• In Austria, same-sex couples could form civil partnerships between the years 2010-2017.
• However, this changed with a court ruling that deemed civil unions discriminatory in January 2019, when such marriages were legalised.
• Similarly, countries like Brazil, Uruguay, Andorra and Chile had also recognised the right of same-sex couples to enter into civil unions, even before they formally recognised their legal right to marriage.

For Prelims: Civil union, LGBTQ, Special Marriage Act, same-sex marriage, the Indian Evidence Act,  For Mains: 1. What is Civil Union? Discuss how it is different from marriage. (250 Words)

 

Previous year questions   1. Which Article of the Constitution of India safeguards one’s right to marry the person of one’s choice? ( USPC 2019) 1. Article 19 2. Article 21 3. Article 25 4. Article 29   Answer: 2   2. Which of the following does the Special Marriage Act 1954 NOT support? (SSC CHSL 2020) 1. Communal harmony 2. Inter-faith marriage 3. Strict endogamy 4. Inter-caste marriage   Answer:3

Source: The Indian Express

SURVEY OF INDIA

 

 

1. Introduction

Survey of India, The National Survey and Mapping Organization of the country under the Department of Science & Technology, is the oldest scientific department of the GOVT. of INDIA. It was set up in 1767 (India under British Rule) and has evolved rich traditions over the years

In its assigned role as the Nation's principal mapping agency, Survey of India bears a special responsibility to ensure that the country's domain is explored and mapped suitably to provide base maps for expeditious and integrated development and ensure that all resources contribute their full measure to the progress, prosperity and security of our country now and for generations to come

2. History

• The history of the Survey of India dates back to the 18th Century. Forerunners of army of the East India Company and sometimes in its wake Surveyors had onerous task of exploring the unknown
• Bit by bit the tapestry of Indian terrain was completed by the painstaking efforts of a distinguished line of Surveyors such as Mr Lambton and Sir George Everest
•  It is a tribute to the foresight of such Surveyors that at the time of independence the country inherited a survey network built on scientific principles
• The great trigonometric series spanning the country from North to South & East to West are some of the best geodetic control series available in the world
• The scientific principles of surveying have since been augmented by the latest technology to meet the multi-disciplinary requirement of data from planners and scientists
• Organized into only 5 Directorates in 1950, mainly to look after the mapping needs of Defence Forces in North West and North East, the Department has now grown into 18 Directorates spread in all parts of the country to provide the basic map coverage required for the development of the country
• Its technology, the latest in the world, has been oriented to meet the needs of defence forces, planners and scientists in the field of geo-sciences, land and resource management
• Its expert advice is being utilized by various Ministries and undertakings of Govt. of India in many sensitive areas including the settlement of international borders, State boundaries and in assisting the planned development of hitherto underdeveloped areas
• Faced with the requirement of digital topographical data, the department created three Digital centres during late eighties to generate Digital Topographical Data Base for the entire country for use in various planning process and the creation of a geographic information system
• Its specialized Directorates such as the Geodetic and Research Branch, Research & Development Directorate and Survey Training Institute have been further strengthened to meet the growing requirement of the user's community.
• The department is also assisting in many scientific programmes of the nation related to the field of geophysics, remote sensing and digital data transfers

3. Vission & Mission

• Survey Of India will take a leadership role in providing user focused,cost effective,reliable and quality geospatial data,information and intelligence for meeting the needs of national security, sustainable national development,and new information markets
• Survey Of India dedicates itself to the advancement of theory, practice, collection and applications of geospatial data,and promotes an active exchange of information ,ideas, and technological innovations amongst the data producers and users who will get access to such data of highest possible resolution at an affordable cost in the near real-time environment

4. Responsibilities

The Survey of India acts as adviser to the Government of India on all survey matters, viz Geodesy, Photogrammetry, Mapping and Map Reproduction. However, the main duties and responsibilities of the Survey of India are enumerated below:

• All Geodetic Control (Horizontal and Vertical) and Geodetic and Geophysical surveys.
• All Topographical Control, Surveys and Mapping within India.
• Mapping and Production of Geographical Maps and Aeronautical Charts.
• Surveys for Developmental Projects.
• Survey of Forests, Cantonments, large scale city surveys, guide maps, cadastral surveys etc.
• Survey and Mapping of special maps.
• Spellings of Geographical names.
• Demarcation of the External Boundaries of the Republic of India, their depiction on maps published in the country and also advice on the demarcation of inter-state boundaries.
• Training of officers and staff required for the Department, trainees from Central Government Departments and States and trainees from Foreign Countries as are sponsored by the Government of India.
• Research and Development in Cartography, Printing, Geodesy, Photogrammetry, Topographical Surveys and Indigenisation.
• Prediction of tides at 44 ports including 14 foreign ports and publication of Tide Tables one year in advance to support navigational activities.
• Scrutiny and Certification of external boundaries of India and Coastline on maps published by other agencies including private publishers

 

 

Source: Department of Science & Technology

ROHINGYAS

 

1. Context

The long-burning issue of the Rohingyas in Myanmar has recently become a point of debate in India, with the government insisting on their deportation for the sake of national security. Perceived threats to India’s national security are based on intelligence reports that connect radical Rohingya groups to Jihadist organizations. In their bid to get rid of the Rohingya refugees, the center in India has been asking the Myanmar government to show restraint against the Rohingyas and to take them back.

2. Who is Rohingyas?

• Rohingya are an ethnic group, representing the largest percentage of Muslims in Myanmar and predominantly live in the Western Myanmar province of Rakhine.
• They speak a dialect of Bengali, as opposed to the commonly spoken Burmese language.
• They are described by the United Nations (UN) as one of the most persecuted minorities in the world.
• The Rohingya population is denied citizenship under the 1982 Myanmar nationality law. They have denied the Rohingya the possibility of acquiring a nationality.
• The flow of Rohingya from Myanmar intensified in 2017 and the coast near the Bangladeshi city of Cox’s Bazar was taken over by refugee settlements.
• Recently, Bangladesh started relocating Rohingya refugees from overcrowded camps at Cox’s Bazar to Bhasan Char Island, which is an ecologically fragile area prone to floods.

3. History of Islam in the Arakan region of Myanmar

• The Rakhine (previously called Arakan) region of Northern Myanmar, is largely believed to be the original home of the Rohingyas and has shared a porous border along the Naaf River with Chittagong in Bangladesh.
• Before the modern state of Myanmar came into being, this border was not exactly known to be a line of the division between two separate communities and historical evidence shows a frequent movement of people across the border. 
• In pre-colonial days, the region of Arakan was an independent kingdom, separate from both the Burmese kingdoms and the Mughal empire in India and Bengal.
• In 1459, the Arakan king is believed to have conquered Chittagong which had a dense Muslim population. In the years that followed, the Arakanese control in Chittagong led to an intimate relationship developing between the Muslims and the inhabitant of Arakan.
• In 1784, Burmese King Bodawpaya conquered the Arakan region and brought it under the control of the kingdom of Ava in central Burma.
• What followed was severe oppressive measures taken by the Burmese ruler against the Arakanese population and the latter rebelling against them.
• Thereafter, a large number of Arakanese (both Buddhists and Muslims) fled to the neighboring territory of Bengal which was by now under British rule.
• The large numbers of which Indians, particularly the Bengalis, who were brought into Arakan were a cause of great resentment to the Burmese population, who were now also in the process of developing strong nationalist feelings.
• After the Second World War, when the British left Burma, large sections of the Indian population followed. Those who were left behind were in any case in the bad books of the Buddhist Burmese population and soon after a large number of communal clashes started taking place between the two groups.
• While the Arakanese Muslims, largely inspired by the formation of Pakistan along religious lines, started demanding an autonomous region for themselves on ethnic grounds, the independent government of Myanmar continued discriminating against them and later ensured that they do not receive legal citizenship status in the country.

4. India's concerns

• The illegal immigration of Rohingyas into India and their stay here can have serious national security ramifications and poses serious security threats.
• It impacts the interests of local populations in the areas seeing large-scale influxes of illegal immigrants.
• It increases political instability when leaders start mobilizing the perception of the citizens against the migrants.
• The persistent attacks against the Muslims perceived as illegal migrants have given way to radicalization.
• Trafficking of women and human smuggling has become quite rampant across borders.
• The rule of law and integrity of India is undermined by the illegal migrants due to their engagement in illegal and anti-national activities.

5. India's Stance on Rohingyas

• Amid fears of a fresh exodus of Rohingya from Myanmar, the MHA in 2017 Cautioned all the states about infiltration from the Rakhine State of Myanmar into Indian Territory.
• It cited the Burden on the limited resources of the country that aggravates the security challenges, especially in the Northeast.
• It also said the rise in terrorism in the last few decades is a cause for concern in most nations and that illegal migrants are more vulnerable to getting recruited by terrorist organizations.

6. India's stand on refugees?

India is not a signatory to the 1951 UN Convention relating to the Status of Refugees and the 1967 Protocol.

All foreign undocumented nationals are governed as per the:

• The Foreigner's Act, 1946
• The Registration of Foreigners Act, 1930
• The Passport (Entry into India) Act, of 1920
• The Citizenship Act, 1955.

For Prelims: 1951 UN Convention relating to the Status of Refugees, United Nations (UN), Bhasan Char Island, The Foreigner's Act, 1946, The Registration of Foreigners Act, 1930, The Passport (Entry into India) Act, of 1920, and The Citizenship Act, 1955. For Mains: 1. Analyze internal security threats and transborder crimes along Myanmar, Bangladesh, and Pakistan borders including the Line of Control (LoC). Also, discuss the role played by various security forces in this regard. (250 Words) (UPSC 2020).

Previous year Question

1. Consider the following pairs:(UPSC 2016) Community is sometimes mentioned in the news                  In the affairs of 1. Kurd                                                                                       Bangladesh 2. Madhesi                                                                                  Nepal 3. Rohingya                                                                                Myanmar Which of the pairs given above is/are correctly matched? A. 1 and 2 B. 2 only C. 2 and 3 D. 3 only Answer: C

 Source: The Indian Express

RESERVE BANK OF INDIA

 

 

 

1. Introduction

The Reserve Bank of India was established on April 1, 1935 in accordance with the provisions of the Reserve Bank of India Act, 1934

The Reserve Bank of India, chiefly known as RBI, is India's central bank and regulatory body responsible for regulation of the Indian banking system. It is under the ownership of Ministry of Finance, Government of India. It is responsible for the control, issue and maintaining supply of the Indian rupee

2. Functions of Reserve Bank of India (RBI)

• It formulates, implements and monitors the monetary policy for maintaining price stability while keeping in mind the objective of growth
• It acts as regulator and supervisor of the financial system. It prescribes broad parameters of banking operations within which the country’s banking and financial system functions for maintaining public confidence in the system, protecting depositors’ interest and providing cost-effective banking services to the public
• It manages the Foreign Exchange Management Act, 1999 to facilitate external trade and payment and promote orderly development and maintenance of foreign exchange market in India
• It issues, exchanges and destroys currency notes as well as puts into circulation coins minted by the Government of India to give the public adequate quantity of supplies of currency notes and coins and in good quality
• It introduces and upgrades safe and efficient modes of payment systems in the country to meet the requirements of the public at large for maintaining public confidence in the payment and settlement system
• It acts as Banker to the Government and performs merchant banking functions for the central and the state governments
• It maintains the banking accounts of all scheduled banks

 

 

Source: indianexpress

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