UPSC 2017: Comprehensive News Analysis - Sept 03

A. GS1 Related

B. GS2 Related

In news:

• The Haryana State government has set a target to provide employment to two lakh youth in the State under the ‘Saksham Yojana’.
• Officials to recruit youth under the Yojana for various departments where there was shortage of employees.
• Other areas of opportunity:
  • The youth should also be provided job opportunities in industrial units.
  • There was a new plan to establish a trauma centre at every 60 km to provide instant medical facilities to those injured in road accidents on national highways.

In news:

• The West Bengal government is considering a proposal to introduce separate English medium sections at the primary level to class VIII in government-run schools.
• Why such a move?
  Introducing separate English medium sections in government-run schools had become all the more important as such schools were lagging behind private English medium schools.

Context

• For the first time in Indian history talaq-e-bid’awas specifically debated and set aside by the Supreme Court
• Latest ruling completely and unconditionally invalidates talaq-e-bid’ and renders it bad in law.
• The Koranic procedure of talaq is the only way by which a Muslim husband will be able to divorce his wife from now on

Talaq-e-bidat

• Talaq-e-bidat has allowed men to pronounce talaq thrice in one sitting, sometimes scrawled in a written talaqnama, or even by phone or text message.
• Thereafter, even if the man himself perceives his decision to have been hasty in hindsight, the divorce remains irrevocable

The majority judgment

• Talaq-e-bid’a cannot be excluded from the definition of “talaq” mentioned in Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937.
• As the Shariat Act was a law made before the Constitution came in force, it would fall within the expression “laws in force” in Article 13(3)(b), and would be hit by Article 13(1) if found to be inconsistent with Part III of the Constitution, to the extent of the inconsistency.
• The two judges chose not to examine if the Narasu Appa Maliruling. This judgment had held that personal laws cannot be tested against the provisions of Part III of the Constitution.
• Biggest achievement was harmonisation of constitutional equality with Koranic egalitarianism.
• This was done by endorsing the Koranic law of talaq mentioned in Shamim Ara and declaring talaq-e-bid’a to be “manifestly arbitrary” and violative of Article 14
• Because it allows a Muslim man to break the marriage “capriciously and whimsically” without attempting to save it through reconciliation.
• On these grounds, Section 2 of the 1937 Act was struck down as being void to the extent that it recognises and enforces instant talaq.
• Talaq-e-bid’a falls outside the Shariahbecause it goes against its primary source, the Koran

The minority opinion

• Declared talaq-e-bid’a to be an essential part of the Hanafi faith and gave it protection under Article 25(1).
• Given weight to the overwhelming evidence in the Koran and authentic hadeeses against instant talaq they could have avoided the problematic invocation of Article 142 to direct the state to enact an “appropriate legislation” on talaq-e-bid’a.
• Article 13(2) clearly states that the “State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void.
• The AIMPLB cited just one report from Sihah Sitta in which instant talaq is mentioned. But this hadees does not show any Prophetic support for talaq-e-bid’a.
• It clearly states that the man who pronounced “triple talaq” did so “without the Prophet’s command.

Implications of verdict

• Biggest achievement for Muslim women, that talaq-e-bid’ain any of his manifestations will not dissolve the marriage.
• This renders redundant not just halala but the incorporation of a platitudinous advisory against instant talaq in the nikahnama
• There is also scope now to amend the 1937 Act, to exclude talaq-e-bid’a from the definition of the word “talaq” mentioned in Section 2, and make the Koranic procedure of talaq gender-neutral.
• This judgment will also encourage Muslim intellectuals to establish mediation centres across India under the Alternative Dispute Resolution (ADR) mechanism to help Muslim couples amicably resolve their marital disputes

In news:

• The Madras High Court has issued notice to the Union law secretary and the secretary of the social justice and empowerment ministry on a PIL, urging for a section of the SC/ST (Prevention of Atrocities Act), providing for a “mandatory death penalty”, to be declared as null and void.
• The petitioner, alleged that section 3(2)(I) of the said act, providing for the punishment, was violative of the Constitution.
• Section provided for the punishment if any person, not being a member of the Scheduled Caste or Scheduled Tribe community, gave or fabricated false evidence, with an intention to cause a member of the SC/ST community to be convicted for an offence, resulting in the imposition of capital punishment.
• The section added that if such a person was executed on account of the false evidence, the person responsible for the same should also be punished with death
• A mandatory death punishment had been held to be opposed to human dignity and struck down by constitutional courts across the world

C. GS3 Related

In news:

• Prime Minister Narendra Modi’s directive to tax officials: make every effort to bring all traders, including smaller businesses with turnover of less than ₹20 lakh, into the Goods and Services Tax (GST) net.
• Currently, traders with less than ₹20 lakh annual turnover have to register under GST only if they are supplying goods to other States.
• PM said he was dismayed at the huge pendancy of tax-related cases where huge sums of money that could have been used for the welfare of the poor were locked up.
• He also asked the officers to use data analytical tools to pro-actively track and determine undeclared income and wealth
• Mooting a time-bound solution for ‘tax raised and not realised,’ the PM said that human interface must be kept to a minimum in the tax administration’s dealings by pushing “e-assessment” and anonymity of proceedings using technology.

Collaboration with SAAB

• The Adani group has announced a collaboration with Swedish defence major SAAB to manufacture Gripen fighter jets in India, if selected
• However, the partnership would be possible if Adani being shortlisted in the evaluation process
• Why this collaboration: Indian Government is going to issue a multibillion dollar tender for over a 100 single engine fighter jets

Particulars of the Tender

• IAF is expected to begin the process in the next few months for a single engine fighter aircraft to replace the Russian Mig-21s and Mig-27s in service
• The procurement would be under the recently promulgated Strategic Partnership (SP) model of the Defence Procurement Procedure (DPP)
• The deal for 100 plus fighter aircraft is estimated to be worth over Rs. 60,000 crore

In news:

• Scientists at the Bengaluru-based Jawaharlal Nehru Centre for Advanced Scientific Research (JNCASR), have developed two new molecules capable of destroying bio-film forming bacteria.
• The molecules performed better than conventional antibiotics in killing the bacteria during the dormant phase
• When used in combination with existing antibiotics, the molecules reduced the microbial burden in the case of burns and surgical wounds.
• What are Bio-films?
  Biofilms are communities of microorganisms that attach to each other and to surfaces and are able to act as barriers to antibiotics

D. GS4 Related

E. PRELIMS FACT

F. Practice Questions for UPSC Prelims Exam

G. UPSC Mains Practice Questions