10 Aug 2022: UPSC Exam Comprehensive News Analysis

B. GS 2 Related

Category: SOCIAL JUSTICE

1. On guardianship and adoption of minors

Syllabus: Performance of the schemes; mechanisms, laws, institutions and Bodies constituted for the protection and betterment of vulnerable sections

Mains: Provisions of existing laws on child custody and guardianship and key recommendations by a Parliamentary Standing Committee on the same.

Context: Various recommendations of a parliamentary panel on adoption and custody of minors.

Existing laws on child custody and guardianship

• At present the Indian laws provide superiority to the father in case of guardianship of a minor. 
• According to the Hindu Minority and Guardianship Act, (HMGA) 1956, the father is the natural guardian of a Hindu minor in respect of the minor’s person or property 
  • However, the mother is accorded the custody of a minor below the age of five years.
• Even the Muslim Personal Law (Shariat) Application Act, 1937 provides that the father is the natural guardian. However, the custody vests with the mother until the son reaches the age of seven and the daughter reaches puberty, though the father’s right to general supervision and control exists. 
• Githa Hariharan vs Reserve Bank of India case (1999) Judgement 
  • The Supreme Court challenged the Hindu Minority and Guardianship Act for going against the right to equality of sexes enshrined under Article 14 of the Constitution 
  • The court further clarified that the term “after” does not mean “after the lifetime of the father”, but means “in the absence of the father”.
  • However, the judgement did not recognise both parents as equal guardians.

In cases of marital disputes

• In cases of marital conflicts, courts like the Punjab and Haryana High Court and Bombay High Court have made rules to accord joint custody or shared parenting. 
• Experts feel that there is a need to amend the legislation such as the Guardians and Wards Act, 1890 to introduce joint custody.

Are there provisions for LGBTQI individuals to adopt children in India?

• The Adoption Regulations, 2017 does not mention anything about the adoption by LGBTQI individuals i.e. it neither bans nor allows them to adopt a child. 
• The eligibility conditions for adoption include:
  • Parents must be physically, mentally and emotionally fit, financially capable and must not have any life-threatening medical condition. 
  • Single men can only adopt a boy, whereas a woman can adopt a child of any gender. 
  • Further, a child can be adopted by a couple only if they have been in a marital relationship a minimum of two years. 
• The Hindu Adoptions and Maintenance Act (HAMA), 1956 which applies to Hindus, Sikhs, Jains and Buddhists permits both men and women to adopt if they are of sound mind and are not minors.

Recommendations by Parliamentary Panel on guardianship and child custody

• The department-related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice has prepared its report on the “Review of Guardianship and Adoption Laws”.
• Earlier, the Law Commission of India in its 133rd report in 1989 on “Removal of discrimination against women in matters relating to guardianship and custody of minor children and elaboration of the welfare principle” and its 257th report on “Reforms in Guardianship and Custody Laws in India” in 2015 had made similar recommendations.
• The panel said that there is an urgent need to amend the HMGA and provide equal status to both mother and father as natural guardians as the current provisions of the law are against the right to equality and right against discrimination guranteed under Articles 14 and 15 of the Constitution.
• The panel in cases of marital dispute, has highlighted a need for relook at child custody which is usually restricted to just one parent where mothers tend to get preference. 
  • It said that the courts must be empowered to grant joint custody to both parents if such a decision ensures the welfare of the child, or award single custody to one parent with visitation rights to the other.
• The committee further recommended a new law that balances the Juvenile Justice (Care and Protection of Children) Act, 2015 and the HAMA and must also allow the LGBTQ individuals to adopt children.

Nut graf: There is an immediate need to amend the existing laws and legislations on child custody, guardianship and adoption to plug the loopholes such as violation of equality of sexes and ineligibility of LGBTQI people to adopt a child. The recommendations by the parliamentary panel in this context are a welcome sign and must be implemented in the right spirit.

E. Editorials

Category: POLITY AND GOVERNANCE

1. Fair trial goes beyond courts, to the police and media

Syllabus: Separation of powers between various organs, dispute redressal mechanisms and institutions

Mains: Media- Fourth Pillar of Democracy

Context: The Chief Justice of India’s objection to the lack of media accountability in coverage of legal issues.

Details:

• CJI’s remarks came after the Delhi police admitted to informing the media about the outcome of AltNews’ co-founder’s bail hearing even before the judicial order. 
• The concern was raised that a considerable portion of its news coverage depicted the remarks of the police officer as fact without waiting for the final order.

Issues with the fair trial:

• In sensational criminal cases, the media focuses on the investigation and early trial stages, eventually disconnecting from actual trials which might be months or years long. 
• Police as a source:
  • Unregulated disclosure of case details by an eager police force and disproportionate reliance on this information by the media results in a public stripping of the rights that typically accompany a fair trial.
  • At times police narratives are designed to achieve political goals.
  • Lack of dedicated media cells in police departments makes officials of all levels authoritative sources of information.
  • The urge of the police to demonstrate dynamism and efficiency often results in bypassing the  protection of civil liberties. 
• Unregulated media:
  • Issues often arise when reporters absolve themselves of any duty to contextualize information revealed by the police.
  • With the growing financial pressures on media organizations, reporters specializing in crime and legal reporting are becoming rare.
  • Another issue is the changing nature of the news responding to competing for social media accounts that now qualify as news.
  • Government regulation is not uniform for print and television media and enforcement of these regulations, where it occurs, is usually slow. 
  • Self-regulatory bodies like the National Broadcasting Standards Authority and Indian Broadcasting Foundation are membership-based and can be easily avoided by simply withdrawing from the group. 
  • The weak regulatory provisions leave reporting norms to the conscience of reporters and editors.
• Statutory restrictions by the Supreme Court in Romila Thapar vs Union of India regarding disclosure of personal details are often violated.
• Disparate media policy guidelines issued by states and their weak enforcement mechanisms often dilute fair trial. 

Implication of unfair trial:

• Unfair trials violate the fundamental right to dignity and privacy of suspects/ accused/victims/witnesses/kins.
• It may also have impacts like social ostracisation and difficulties in retaining employment, further making them vulnerable to exploitation and crime.
• Given the media’s ability to shape opinion, law enforcement agencies are often under pressure to selectively reveal certain aspects of the investigation or mischaracterize others as communal or systemic. 
• Ignorance of these nuances of the justice system has significant implications for citizens and contributes considerably to public apprehension and mistrust of the system.

Measures to be taken:

• Media ethics should extend beyond the verification of facts. Apart from making sure that police narratives are accurate before making them public, reporters should bear the burden of misreporting.
• There should be deliberation on how the information should be disseminated while protecting the persons involved in the case.
• A structured and well-designed media policy with adequate training and enforcement mechanisms is the need of the hour for the police.
• The supreme court in an ongoing case of the Peoples’ Union for Civil Liberties should deliberate binding directives on police and propose guidelines to regulate media briefings to ensure fair trial. 

Nut Graf: It is in the immediate need for robust justice delivery that a  fair trial should be  given primacy. The media and the police should proactively take the issue and ensure that ethical practices are not crippled under the ambit of a  free press. It is the responsibility of all the stakeholders to uphold the basic principles of our justice system.

Related Link: 

24 Jul 2022: UPSC Exam Comprehensive News Analysis

H. UPSC Prelims Practice Questions

Q1. “The participation of women in the Quit India Movement of 1942 was significant 
from several aspects.” Who among the following participated in the Quit India 
Movement (Level – Difficult)

1. Usha Mehta
2. Matangini Hazra
3. Sucheta Kriplani
4. Rajkumari Amrit Kaur

Options:

1. 1 and 2 only
2. 1, 3 and 4 only
3. 2 and 4 only
4. All of the above

CHECK ANSWERS:-

Answer: d

Explanation:

• Usha Mehta was a Gandhian and freedom fighter who organized the Congress Radio (Secret Congress Radio) an underground radio station, which functioned during the Quit India Movement.
• Matangini Hazra was an Indian revolutionary who participated in the Quit India Movement. She was affectionately known as Gandhi Buri.
• Sucheta Kripalani played an active part in the Quit India Movement. She is also the first women to become a Chief Minister of a state in India (Uttar Pradesh)
• Rajkumari Amrit Kaur was designated as a member of the Advisory Board of Education by the colonial authorities. However, she quit the board owing to her involvement in the Quit India Movement.
  • Rajkumari Amrit Kaur was the first Indian woman to join the Cabinet of Independent India as its health minister.

Q2. Which of the given statement/s is/are CORRECT? (Level – Medium)

1. The most recent Chess Olympiad was hosted in India for the first time and saw the largest participation in any Chess Olympiad.
2. International Chess Federation (FIDE) is recognised as a Global Sporting Organization by the International Olympic Committee.
3. Indian women’s team won the country’s first-ever medal in the women’s section in the recent Chess Olympiad.

Choose the correct option:

1. One statement only
2. Two statements only
3. All three statements
4. None of the above

CHECK ANSWERS:-

Answer: c

Explanation:

• Statement 1 is correct, The most recent Chess Olympiad was hosted in India for the first time and saw the largest participation in any Chess Olympiad.
• Statement 2 is correct, International Chess Federation (FIDE) was recognised as a Global Sporting Organization by the International Olympic Committee in 1999
• Statement 3 is correct, The India women’s A team achieved a first at the 44th Chess Olympiad by winning the country’s first-ever medal in the women’s section.

Q3. Consider the following statements with respect to NISAR: (Level – Difficult)

1. The mission will observe Earth and measure its changing ecosystem and masses globally.
2. It will use both L-Brand and S-Brand Radar frequencies. The S-Brand Radar is being built by ISRO and the L-Brand Radar is being built by NASA.
3. Its primary goals include spotting warning signs of imminent volcanic eruptions, helping to monitor groundwater supplies, tracking the rate at which ice sheets are melting etc.

Which of the given statement/s is/are correct?

1. 1 and 2 only
2. 1 and 3 only
3. 3 only
4. 1, 2 and 3

CHECK ANSWERS:-

Answer: d

Explanation:

• Statement 1 is correct, The NASA-ISRO SAR mission will observe Earth and measure its changing ecosystem and masses globally.
• Statement 2 is correct, It is a dual-frequency Radar imaging satellite and is using both L-Brand and S-Brand Radar frequencies. The S-Brand Radar is being built by ISRO and the L-Brand Radar is being built by NASA
• Statement 3 is correct, The main objective of this research is to make global measurements of the causes and consequences of land surface changes. This includes:

• • Imbalance in the Ecosystem
  • Natural Hazards
  • Ice Sheet Collapse
  • Agricultural and Forest Biomass
  • Soil Moisture Estimation

Q4. ‘Baansera’, ‘Bashgram’ are seen in the News with reference to: 
(Level – Difficult)

1. Gene Sanctuaries
2. Subsistence agriculture
3. Bamboo
4. Below Sea-level Farming Systems

CHECK ANSWERS:-

Answer: c

Explanation:

• Delhi’s first bamboo theme park titled “Baansera” is being constructed on the Yamuna floodplain.
• “Bashgram”(bamboo village) is the India’s first bamboo park set up in Tripura 

Q5. ‘Recognition of Prior Learning Scheme’ is sometimes mentioned in the news
 with reference to: (Level – Medium) PYQ-2016

1. Certifying the skills acquired by construction workers through traditional channels.
2. Enrolling the persons in Universities for distance learning programmes.
3. Reserving some skilled jobs to rural and urban poor in some public sector undertakings.
4. Certifying the skills acquired by trainees under the National Skill Development Programme.

CHECK ANSWERS:-

Answer: a
Explanation:

• The Recognition of Prior Learning (RPL) Scheme is an assessment process in which an individual’s existing skills and experience (formal or informal) are evaluated and certified. 
• The Pradhan Mantri Kaushal Vikas Yojana (PMKVY) was launched in 2016, and RPL is a part of it. 
• It is overseen by the Ministry of Entrepreneurship and Skill Development.