9th Feb
9th Feb
For Prelims: States that have passed anti conversion laws, Constitutional provisions on freedom of
religion, Article 21 of the Constitution.
For Mains: Haryana Prevention of Unlawful Conversion of Religious Bill, 2022, Anti-conversions laws and
associated issues, Related Supreme Court judgements.
Why in News?
Recently, the Haryana government released the draft of the Haryana Prevention of Unlawful
Conversion of Religious Bill, 2022.
The bill aims at prohibiting religious conversions which are affected through misrepresentation,
force, undue influence, coercion, allurement or by any fraudulent means or by marriage or for
marriage by making it an offense.
Other States like Karnataka, Arunachal Pradesh, Chhattisgarh, Gujarat, Himachal
Pradesh, Jharkhand, Madhya Pradesh, Odisha, Uttar Pradesh and Uttarakhand have also
passed laws restricting religious conversion.
No Right to Proselytize: The Constitution confers on each individual the fundamental right to
profess, practice and propagate his religion.
The individual right to freedom of conscience and religion cannot be extended to construe
a collective right to proselytize.
For the right to religious freedom belongs equally to the person converting and the
individual sought to be converted.
Fraudulent Marriages: In the recent past, several instances have come to the notice that
whereby people marry persons of other religion by either misrepresentation or concealment of
their own religion and after getting married they force such other person to convert to their own
religion.
SC Observations: Recently, the Supreme Court also took judicial notice of such instances.
According to the court, such incidents not only infringe the freedom of religion of the
persons so converted but also militate against the secular fabric of our society.
The Bill provides for greater punishment for such conversions in respect of minors, women,
Scheduled Castes and the Scheduled Tribes.
It also provides that the burden of proof as to whether a conversion was not affected through
misrepresentation, use of force, under threat, undue influence, coercion, allurement or by any
fraudulent means or by marriage or for marriage for the purpose of carrying out conversion lies on
the accused.
Every individual converting from one religion to another shall submit to the prescribed authority a
declaration that the conversion affected through was not by any fraudulent means.
Besides, it provides for declaring marriages null and void, which were solemnized by concealment
of religion.
Constitutional Provision: The Indian Constitution under Article 25 guarantees the freedom
to profess, propagate, and practise religion, and allows all religious sections to manage their
own affairs in matters of religion; subject to public order, morality, and health.
However, no person shall force their religious beliefs and consequently, no person
should be forced to practice any religion against their wishes.
Existing Laws: There has been no central legislation restricting or regulating religious
conversions.
However, since 1954, on multiple occasions, Private Member Bills have been introduced
in (but never approved by) the Parliament, to regulate religious conversions.
Further, in 2015, the Union Law Ministry stated that Parliament does not have the
legislative competence to pass anti-conversion legislation.
Over the years, several states have enacted ‘Freedom of Religion’ legislation to
restrict religious conversions carried out by force, fraud, or inducements.
Uncertain and Vague Terminology: The uncertain and vague terminology like
misrepresentation, force, fraud, allurement presents a serious avenue for misuse.
These terms leave room for ambiguities or are too broad, extending to subjects far beyond
the protection of religious freedom.
Antithetical to Minorities: Another issue is that the present anti-conversion laws focus more on
the prohibition of conversion to achieve religious freedom.
However, the broad language used by the prohibitive legislation might be used by officials
to oppress and discriminate against minorities.
Antithetical to Secularism: These laws may pose a threat to the secular fabric of India and
the international perception of our society’s intrinsic values and legal system.
Way Forward
The governments implementing such laws need to ensure that these do not curb one’s
Fundamental Rights or hamper the national integration instead, these laws need to strike a
balance between freedoms and malafide conversions.
Source: TH
For Mains: Section 498A IPC and its Misuse, Violence against woman (VAW), Acts of Domestic Violence
Why in News?
The Supreme Court in a recent judgement highlighted the growing misuse of Section 498A IPC, with
friction rising in marriages.
The incorporation of section 498A was aimed at preventing cruelty committed upon a
woman by her husband and her in-laws by facilitating rapid state intervention.
The court held that there is an increased tendency to employ provisions such as Section 498A
IPC as instruments to settle personal scores against the husband and his relatives.
Section 498A of the Indian Penal Code 1860 was passed by the Indian Parliament in 1983.
The section of 498A of the Indian Penal Code is a criminal law.
It is defined that if the husband or the relative of the husband of a woman, subjected such woman
towards cruelty would be punished with imprisonment for a term which might extend to 3 years
and may also be liable for fine.
Section 498 A of Indian Penal Code is one of the greatest rescues for Violence against Woman
(VAW), which is a reflection of the pathetic reality of the domestic violence occurring within the
four walls of a house.
What are Indian laws that help curb the instances of violence against women?
Against Husband & Relatives: With the rise in the rate of education, financial security, and
modernization, the more independent and the radical feminists have made Section 498A of IPC
as a weapon in their hands than a shield.
Due to this, many helpless husbands and their relatives have become the victims of the
vengeful daughters-in-law of their house.
Blackmail Attempts: These days in many cases where Section 498A is invoked, they turn out to
be false cases as they turn out to be mere blackmail attempts by the wife (or her close
relatives) when troubled with a stressed marriage.
Due to this, in most cases the Section 498A complaint is generally followed by the demand
of a huge amount of money to settle the case outside the court.
Degradation of Marriage: The court held specifically that there is misuse and exploitation of the
provisions to such an extent that it was hitting on the basis that is the foundation of
marriage itself.
This has ultimately proved to be not a good sign for the health of society for the public
at large.
Women have begun misusing Section 498 of IPC as this law is a tool for their vengeance
or to get out of wedlock.
Malimath Committee Report, 2003: Similar views were also expressed by the 2003 Malimath
Committee report on reforms in the criminal justice system.
The committee noted that the "general complaint" of Section 498A of the IPC to be a
subject to gross misuse.
Way Forward
It is important to note that the domestic violence and abuse by the spouse and family members
are very complex behaviors and the social organization of courts, legal cultures, and the police
systematically tend to devalue several domestic violence cases.
Therefore the perspective of the state and the people needs to change from potential "misuse" of
the concerned laws of domestic violence to that of implementing it for their real purpose.
Source: IE
Why in News?
Recently, the Central government has released the Central Media Accreditation Guidelines-2022.
Applications for accreditation are vetted by a Central Press Accreditation Committee headed
by the DG, PIB.
At present, there are 2,457 PIB-accredited journalists in the country.
What are the Provisions under Guidelines?
The guidelines leave it to the discretion of government nominated officials to assess what is
defamatory or prejudicial to the sovereignty or integrity of India while deciding on
whether a journalist’s accreditation should be suspended or withdrawn.
One of the core responsibilities of a journalist is to expose wrongdoing, whether by
public officials, politicians, big businessmen, corporate groups, or other people in power.
This could result, at times, in such powers trying to intimidate journalists or to block
information from coming out.
Journalists often report on issues and policy decisions that the government may not like.
Any investigative story on sensitive issues could be held to be in violation of any of these
provisions.
The Indian Constitution guarantees freedom of speech and expression under Article 19, which
deals with Protection of certain rights regarding freedom of speech, etc.
Freedom of the press is not expressly protected by the Indian legal system but it is impliedly
protected under article 19(1) (a) of the constitution.
However, Freedom of the press is also not absolute.
A law could impose only those restrictions on the exercise of this right, it faces certain
restrictions under article 19(2), which is as follows:
Sovereignty and integrity of India, Security of the State, Friendly relations with
foreign States, Public order, decency or morality or in Contempt of court,
Defamation, Incitement to an offence.
Source:TH
Marine Heatwaves
For Prelims: Marine Heatwaves, Gulf of Mannar, ocean currents, El Niño, Great Barrier Reef, ocean
acidification.
For Mains: Marine Heatwaves, its impacts and reasons for the its causes.
Why in News?
According to a study, marine heatwaves — or the ones that form on oceans — have been on the rise in the
waters around India.
Emerging studies have reported their occurrence and impacts in the global oceans, but are
little understood in the tropical Indian Ocean.
Also, according to the Intergovernmental Panel on Climate Change (IPCC) Sixth
Assessment Report (AR6), the sea surface temperature over the Indian ocean is likely to
increase by 1 to 2 °C when there is 1.5°C to 2°C global warming.
//
What are the Findings of the Study?
The Western Indian Ocean region experienced the largest increase in marine heatwaves at
a rate of about 1.5 events per decade, followed by the north Bay of Bengal at a rate of 0.5
events per decade.
The marine heatwaves in the Western Indian Ocean and the Bay of Bengal increased drying
conditions over the central Indian subcontinent.
Correspondingly, there is a significant increase in the rainfall over south peninsular India in
response to the heatwaves in the north Bay of Bengal.
From 1982 to 2018, the Western Indian Ocean had a total of 66 events, while the Bay of
Bengal had 94 events.
These changes are in response to the modulation of the monsoon winds by the
heatwaves.
This is the first time that a study has demonstrated a close link between marine
heatwaves and atmospheric circulation and rainfall.
Way Forward
Since the frequency, intensity, and area covered by the marine heatwaves are increasing, it
is needed to enhance the ocean observational arrays to monitor these events
accurately, and update our weather models to skillfully predict the challenges presented by a
warming world.
Effective responses to MHWs require action from a broad range of stakeholders:
policymakers, researchers, the private sector (fisheries, aquaculture, ecotourism),
conservationists, and civil society.
Local management agencies should therefore raise awareness across all
stakeholders and implement forecast systems to help achieve a coordinated
response.
National and sub-national governments should design and implement measures to
protect communities and build regional ocean resilience.
Source: TH
For Mains: India and its Neighbourhood, Bilateral Groupings & Agreements, Groupings & Agreements
Involving India and/or Affecting India's Interests, Effect of Policies & Politics of Countries on India's
Interests, India-Russia- China Relations and way forward for India.
Why in News
Recently, in a joint statement, China and Russia affirmed that their new relationship is superior to any
political or military alliance of the Cold War era.
The statement comes amid Russia’s standoff with North Atlantic Treaty Organisation (NATO) on
Ukraine.
Despite being together in rejecting US unipolarity, the relationship between Russia and China is
complex and layered.
Each has its distinct worldview and specific interests in its geographical region,
and its own battles to fight.
Relations between China and the former Soviet Union were frosty, marked by mistrust
and doctrinal differences for most of the Cold War decades.
The change came in 1989, when Mikhail Gorbachev became the first Soviet leader to visit China
since Nikita Khrushchev in 1958.
Russia and China declared “mutual respect for sovereignty and territorial integrity,
mutual nonaggression, noninterference in each other’s internal affairs, equality and
mutual benefit, and peaceful coexistence” as the basis of their bilateral relations.
A decade after the Soviet Union broke up, disappointed and humiliated by the way the West
had downgraded it, and deep in economic crisis, Russia turned to China.
In 2001, the two countries signed the Treaty of Good-Neighbourliness and Friendly
Cooperation, paving the way for expanding economic and trade ties, including sales of defence
equipment and energy by Russia to China, and Russia’s backing for China’s position on
Taiwan.
In June 2021, the two countries extended the treaty at a virtual meeting where Russia
claimed that “Russian-Chinese coordination plays a stabilising role in world affairs”.
As several observers have pointed out, the China-Russia compact is not yet a formal security
alliance against the West, nor is it an ideological partnership.
Back in March 2014, in the vote on UN Security Council resolutions on the referendum in
Crimea. China had abstained — and despite the recent bonhomie, has not recognised Crimea’s
accession to Russia.
China’s main security interests lie in Asia; Russia’s are in Europe. From Russia’s demands in
ongoing negotiations with the West, it is clear that Russia is seeking the restructuring of
European security.
Russia, which wants to be recognised as a great power once again, has positions independent
of China on many issues — including on the relationship with India.
As the smaller economy — Russia’s Gross Domestic Product (GDP) is a tenth of China’s — but
with a strong memory of its lost superpower status, Russia is not willing to become China’s junior
partner.
China drives a hard bargain. Russia is conscious that its gas exports to Germany and the rest
of Europe gets much more revenue — and that China anyway has other pipelines to tap. Also,
despite talk of Russia-China co-operation in Central Asia, Russia still sees the region as part of
its sphere of influence.
For China, war in Ukraine is the least suitable of options. It would take US military energies
away from the South China Sea, but might also stall talks to resolve trade issues.
China and the EU are each other’s biggest trading partners — China’s trade with Russia is
small by comparison. China will not fight the war if it breaks out, but it will nonetheless find it
messy and complicated to negotiate.
As for Ukraine, it is a crucial link in Xi’s BRI project. China is also Ukraine’s biggest trading
partner — and its agricultural exports, particularly corn, have sustained China during its trade war
with the US.
India’s best bet would be to treat its relations with both countries and the US separately —
or it runs the risk of shrinking its own space.
India’s relationship with Russia is not what it used to be, but there is much that both sides
continue to see as mutually beneficial.
The Russia-China statement did not mention China’s border dispute with India; it only made
a reference to developing cooperation among the three countries.
After the Russian-linked Redfish media teased a documentary that drew parallels between
Kashmir and Palestine, the Russian embassy clarified that Redfish was not official
media, and reiterated that Kashmir was an issue for India and Pakistan to
resolve bilaterally.
The structural constraints posed by the great power dynamic and vastly different appreciation of
the regional security environment could be reduced if matters improve between the US
and Russia.
A less conflictual relationship between the two will be a huge relief for India.
Also, the US-China quest for power or Russia’s deeping ties with China would have
mattered less to India if its relations with China were more peaceful and stable.
India should also promote mutually beneficial trilateral cooperation between Russia,
China and India that could contribute towards the reduction of mistrust and suspicion between
India and China.
In this context, the BRICS, Shanghai Cooperation Organisation (SCO) and RIC
trilateral forum must be leveraged.
Source: IE
For mains: Effect of Policies & Politics of Countries on India's Interests, India and its Neighborhood,
Conflict of Falkland Islands.
Why in News
Recently, Britain rejected a statement from China that affirmed it’s support for Argentina’s
claim to the Falkland Islands.
Earlier, China and Argentina issued a joint statement that said China “reaffirms its support for
Argentina’s demand for the full exercise of sovereignty over the Malvinas Islands
(Falkland Islands),” using the Argentine name for the territory.
What and Where is Falkland Island?
Falkland Islands, also called Malvinas Islands or Spanish Islas Malvinas, internally self-governing
overseas territory of the United Kingdom in the South Atlantic Ocean.
It lies about 300 miles northeast of the southern tip of South America and a similar distance
east of the Strait of Magellan.
The capital and major town is Stanley, on East Falkland, there are also several scattered small
settlements as well as a Royal Air Force base that is located at Mount Pleasant.
The two main islands, East Falkland and West Falkland, and about 200 smaller islands.
The government of the Falkland Islands also administers the British overseas territory
of South Georgia and the South Sandwich Islands, including the Shag and Clerke rocks.
The British, in 1765, were the first to settle West Falkland, but they were driven off in
1770 by the Spanish, who had bought out the French settlement about 1767.
The British outpost on West Falkland was restored in 1771 after threat of war, but then the
British withdrew from the island in 1774 for economic reasons, without renouncing their claim
to the Falklands.
Spain maintained a settlement on East Falkland (which it called Soledad Island) until 1811.
In 1820 the Argentina Government, which had declared its independence from Spain in
1816, proclaimed its sovereignty over the Falklands.
In 1831 the US warship destroyed the Argentine settlement on East Falkland in reprisal for
the arrest of three US ships that had been hunting seals in the area.
In early 1833, a British force expelled the few remaining Argentine officials from the island
without firing a shot. In 1841, a British civilian lieutenant governor was appointed for the Falklands,
and by 1885 a British community of some 1,800 people on the islands was self-supporting.
Argentina regularly protested Britain’s occupation of the islands.
After World War II (1939-45) the issue of sovereignty over the Falkland Islands shifted to the
United Nations (UN) when, in 1964, the islands’ status was debated by the UN committee on
decolonization.
In 1965, the UN General Assembly approved a resolution inviting Britain and Argentina
to hold discussions to find a peaceful solution to the dispute.
These protracted discussions were still proceeding in February 1982, but in April Argentina’s
military government invaded the Falklands.
This act started the Falkland Islands War, which ended 10 weeks later with the surrender of
the Argentine forces at Stanley to British troops who had forcibly reoccupied the
islands.
Although Britain and Argentina reestablished full diplomatic relations in 1990, the issue of
sovereignty remained a point of contention.
In the early 21st century Britain continued to maintain some 2,000 troops on the islands.
In January 2009 a new constitution came into effect that strengthened the Falklands’
local democratic government and reserved for the islanders their right to determine the
territory’s political status. In a referendum held in March 2013, islanders voted nearly
unanimously to remain a British overseas territory.
Argentina based its claim to the Falklands based on an official document of 1493 modified by the
Treaty of Tordesillas (1494), by which Spain and Portugal had divided the New World between
themselves; on succession from Spain; on the islands’ proximity to South America, and on the
need to end a colonial situation.
Britain based its claim on its “open, continuous, effective possession, occupation, and
administration” of the islands since 1833 and its determination to apply to the Falklanders the
principle of self-determination as recognized in the United Nations Charter.
Britain asserted that, far from ending a colonial situation, Argentine rule and control of the
lives of the Falklanders against their wishes would in fact create one.
Source: IE
Recently, the Ministry of Minority Affairs has informed the Rajya Sabha that the Government has
sanctioned Rs 26 crore under the Nai Roshni scheme in the last three years (2018-19 to 2020-21)
through which around one Lakh women have been trained.
Empowerment of women per se is not only essential for equity, but also constitutes a critical
element in our fight for poverty reduction, economic growth and strengthening of civil
society.
Women and children are always the worst sufferers in a poverty stricken family and need
support. Empowering women, especially mothers, is even more important as it is in homes
that she nourishes, nurtures and molds the character of her offspring.
It helps embolden minority women to move out of the confines of their home and
community and assume leadership roles and assert their rights, collectively or individually, in
accessing services, facilities, skills, and opportunities besides claiming their due share of
development benefits of the Government for improving their lives and living conditions.
Source: PIB
Recently, the Union Minister of State for Health and Family Welfare has informed the Rajya Sabha that
Fairbanks Disease and Acromegaly Disorder’s patients are getting treatment at various tertiary health
facilities like Medical Colleges, Central Institutes like AIIMS at free or subsidized rates besides in
tertiary care private hospitals.
Acromegaly is a hormonal disorder that leads to the abnormal growth of hands, feet and face.
This disorder is mainly caused due to the excessive production of the Growth Hormone
(GH) produced by the Pituitary gland.
The pituitary gland, a small gland situated at the base of your brain and called the Master
Gland, as it synthesis some of the important hormones in the body.
Due to the excessive growth of this gland, the surrounding nerve tissues and optic nerves
get compressed. This results in the growth of the bone and the enlargement of organs.
Symptoms: Sleeplessness, Excess fatigue, A hoarse voice, Profuse sweating, Frequent headaches,
Abnormal weight gain, Develop odour in the body, Enlargement of jaws or tongue etc.
Source: PIB
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