17 Jun 2024: UPSC Exam Comprehensive News Analysis

17 June 2024 CNA
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TABLE OF CONTENTS

A. GS 1 Related
B. GS 2 Related
Polity
1. On the size of council of ministers
C. GS 3 Related
Environment
1. What is SWM cess and why is it levied on waste generators?
D. GS 4 Related
E. Editorials
Social Issues
1. India needs to close the gender gap in education and politics
Polity
1. High Court’s take on Marriage Act, an erosion of rights
F. Prelims Facts
1. India ready to host its first multinational air exercise ‘Tarang Shakti’ in August
G. Tidbits
H. UPSC Prelims Practice Questions
I. UPSC Mains Practice Questions
FIP Magazine

Category:Polity

1. High Court’s take on Marriage Act, an erosion of rights

Syllabus: Functioning of  Judiciary

 

Mains: About Special Marriage Act

 

Context:

 

  • A problematic order from the Madhya Pradesh High Court has raised concerns about the interpretation of the law around inter-faith marriages.
  • This issue stems from a petition seeking protection for an inter-faith marriage filed by an unmarried Hindu-Muslim couple.
  • The High Court questioned the validity of such a marriage under the Special Marriage Act, 1954, and denied police protection to the couple.

 

Erroneous Considerations:

 

  • Traditionally, High Courts consider the violation of petitioners’ rights and the threats they face when petitions for police protection are filed under Article 226 of the Constitution.
  • Other High Courts, such as the Madras and Punjab and Haryana High Courts, have granted protection to unmarried and same-sex couples based on threat assessments, focusing on the protection of their fundamental rights.
  • The Madhya Pradesh High Court, however, focused on the validity of the impending marriage rather than the threat assessment, failing to protect the couple’s right to life and liberty under Article 21.

 

Dilution of the Special Marriage Act:

 

  • The Madhya Pradesh High Court’s order contradicts the objectives of the Special Marriage Act, which aims to facilitate marriages between individuals of different faiths.
  • The court incorrectly referenced a Supreme Court case related to property succession under Mohammedan Laws, which was not relevant to the validity of an inter-faith marriage or police protection.
  • The court misinterpreted Section 4 of the Special Marriage Act, which only prohibits marriages between closely related individuals, not inter-faith marriages.

 

Implications in the Current Social and Political Climate:

 

  • The order is significant in the current climate, where inter-faith and inter-caste marriages face vigilantism and social disapproval.
  • The Supreme Court in Shafin Jahan vs Asokan K.M. (2018) upheld the right of individuals to choose their life partners, emphasising autonomy, privacy, and liberty.
  • Constitutional courts need to uphold these principles, ensuring that the right to choose a partner is protected from faith or caste-based prejudices.

 

Nut Graf: The Madhya Pradesh High Court’s recent order undermines the Special Marriage Act, 1954, by misinterpreting its provisions and failing to protect an inter-faith couple’s fundamental rights, raising concerns about judicial protection and individual autonomy in inter-faith marriages.

 

F. Prelims Facts

1. India ready to host its first multinational air exercise ‘Tarang Shakti’ in August

Overview of Tarang Shakti-2024:

 

  • First Multinational Air Exercise: The Indian Air Force (IAF) will host its first multinational air exercise, Tarang Shakti-2024, in August.
  • Participation: Expected participants include Australia, France, Germany, Japan, Spain, the UAE, the UK, and the US. Additional countries will act as observers.

 

Exercise Phases:

 

  • Phase 1: Scheduled for the first two weeks of August in southern India.
  • Phase 2: Planned from the end of August to mid-September in the western sector.
  • Participation Details: Some countries will join both phases, while others will participate in only one.

 

Red Flag Exercise Context:

 

  • Background: The IAF’s experience from the recent Red Flag exercise, hosted by the U.S. Air Force, will enhance its readiness for Tarang Shakti-2024.
  • Red Flag Participation: This exercise, held from June 4 to 14 in Alaska, saw the IAF deploying eight Rafale fighters, IL-78 mid-air refuellers, and C-17 Globemaster aircraft.
  • International Presence: Other participants included air forces from Singapore, the UK, the Netherlands, and Germany.

 

Additional Details:

 

  • Germany’s Contribution: Germany will deploy fighter jets and an A-400M transport aircraft, a contender for the IAF’s medium transport aircraft tender.

IAF’s Objectives: The IAF aims to strengthen interoperability with friendly foreign countries through this exercise.

G. Tidbits

Nothing here for today!!!

H. UPSC Prelims Practice Questions

Q1. The Right to Life and Personal Liberty is assured by the Indian Constitution under:

(a) Article 14

(b) ⁠Article 19

(c) Article 21

(d) ⁠Articles 23 and 24

CHECK ANSWERS:-

Answer: c

Explanation: The Right to Life and Personal Liberty is assured by the Indian Constitution under Article 21

Q2.  ‘Global Gender Gap’ Report is released by the:

(a) World Economic Forum

(b) World Bank

(c) United Nations Children’s Fund (UNICEF)

(d) ⁠International Monetary Fund

CHECK ANSWERS:-

Answer: a

Explanation:Global Gender Gap Report is released by the World Economic Forum (WEF), evaluating the status of Gender Parity across nations.

Q3.Consider the following statements with respect to PoSH Act:
  1. It is a legislation enacted by the Government of India to address the issue of sexual harassment faced by women in the workplace.
  2. Vishakha guidelines formed the basis for the PoSH Act.Which of these statements is/are incorrect?(a) 1 only(b) 2 only

    (c) Both 1 and 2

    (d) Neither 1 nor 2

CHECK ANSWERS:-

Answer: d

Explanation: Both the statements are correct. Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) (PoSH) Act was enacted to address the issue of sexual harassment faced by women in the workplace.

Q4.Consider the following statements with respect to the Council of Ministers (COM):
  1. The Constitution classifies the members of the COM into different ranks. 
  2. Ministers of State (MoS) with independent charge directly report to the Prime Minister for their respective ministries.
  3. Cabinet Ministers are higher in rank and handle large portfolios while MoS assist the Cabinet Ministers and work under them. 

How many of these statements is/are correct?

(a) One only

(b) ⁠Two only 

(c) All three 

(d) ⁠None of the above

CHECK ANSWERS:-

Answer: b

Explanation: Statement 1 is incorrect. The Constitution does not classify the members of the COM into different ranks. All this has been done informally, following the British practice. 

Q5.Which among the following is Indian Air Force’s first multinational air exercise?

(a) Exercise Red Flag 2024

(b) Exercise Tarang Shakti 2024

(c) Malabar Exercise 2024

(d) ⁠Exercise Ayutthaya 2024

CHECK ANSWERS:-

Answer: b

Explanation: Exercise Tarang Shakti 2024  is Indian Air Force’s first multinational air exercise. 

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