27 Sep 2021: UPSC Exam Comprehensive News Analysis

B. GS 2 Related

Category: POLITY AND GOVERNANCE

1. CJI backs 50% quota for women in judiciary

Context:

Chief Justice of India N.V. Ramana has backed 50% representation for women in the judiciary.

Concerns:

• The CJI said women constituted only about 30% of the subordinate judiciary.
• In High Courts, women judges constitute 11.5%, and in the Supreme Court, there are currently just four women Justices out of the sitting 33 (i.e, 12%).
• Of the 1.7 million advocates, only 15% are women.
• Only 2% of the elected representatives in the State Bar Councils are women. At present, there is no woman member in the Bar Council of India.

Way Forward:

• There is a need to increase gender diversity in legal education.  Reservation of a significant percentage of seats in law schools and universities for women would be the first step.
• The inclusion of women judges and lawyers will substantially improve the quality of justice delivery.

E. Editorials

Category: SOCIAL ISSUES

1. Needless row

The article throws light upon the recent amendment to the Rajasthan Compulsory Registration of Marriages Act.

Context:

Recently, the Rajasthan Assembly passed the Rajasthan Compulsory Registration of Marriages (Amendment) Bill, 2021.

Details:

• It mandates that all marriages, including child marriages, be registered.
• It says that the bride and groom can apply for registration of marriage to the marriage registration officer of the place where they have been residing for more than 30 days.
• The marriage between the bridegroom who has not completed 21 years and the bride who has not completed 18 years of age could be registered by the parents or guardians within 30 days of the marriage.
• Now registration can be done at the level of District Marriage Registration Officer as well as Additional District Marriage Registration Officer and Block Marriage Registration Officer level.

Arguments against the Bill:

• Critics argue that the bill violates the present law in force against child marriages.
• The furore is over the assumption that this amendment now promotes child marriages.
• The bill has generated a lot of controversy and outrage.

Arguments for the Bill:

• It has been asserted by the supporters of the bill that the controversy over the amendment is unnecessary, as it clearly does not amount to validating or legitimising child marriage
• The bill does not say that child marriage is valid. The bill says that after marriage, only registration is necessary. It does not imply that child marriage is valid.
• Under the law, child marriages are not void, but only voidable at the instance of one of the parties, who may approach the court for nullifying the marriage within two years of attaining majority.
  • Registering such a marriage may help establish the legal rights of the underage party and those of any children born and deter any attempt to deny the marriage later.
  • It may even help the prosecution of those solemnising child marriages and implement provisions relating to maintenance and residence of the girl whose marriage is invalidated later.
• The marriage registrar could also alert the child marriage prohibition officer after registering the marriage.
• A 2006 Supreme Court ruling mandated registrations of all kinds of marriages and the Rajasthan government has said it passed this legislation to govern this rule.
• There has never been any specific prohibition on registering child marriages.
  • The Supreme Court had observed that even though registration itself could not be proof of a valid marriage as such, it would have great evidentiary value in the matters of custody of children, right of children born from the wedlock of the two persons whose marriage is registered and the age of parties to the marriage.

Way Forward:

• It is a fact that child marriages have increased in the backdrop of the pandemic.
• These are linked to various social and economic factors, including poverty and unemployment which the Government must address if child marriage is to be curbed.
• Child marriages impact and discriminate against girls and make them vulnerable to domestic violence, morbidity during childbirth and hamper their wellbeing and development.
• In the light of the controversy over this bill, the Parliament must consider the Law Commission’s recommendation to amend the Prohibition of Child Marriage Act, 2006, to make child marriages below 16 years void, and those solemnised when either party was between 16 and 18, voidable.

Note:

Voidable is a term typically used with respect to a contract that is valid and binding unless declared void by a party to the contract who is legitimately exercising a power to avoid the contractual obligations.

Category: EDUCATION

1. Stopping short of social justice

The article talks about the bill passed by the Tamil Nadu government to do away with the requirement for candidates to qualify in the National Eligibility-cum-Entrance Test (NEET) for admission to undergraduate medical courses in the State.

Read more on this topic covered in  Sep 16th, 2021 CNA.
Category: POLITY AND GOVERNANCE

1. Identity and public policy

Context:

Some political parties have demanded that caste be enumerated in the Census.

Read more on this topic covered in Aug 25th, 2021 CNA.

Demand for a Caste Census:

• The demand is for counting the Other Backward Classes because the Scheduled Castes (SCs) and Scheduled Tribes are already counted.
• The demand has been accompanied by the argument that the efficacy of public policy for enhancing well-being across the population is tied to the enumeration of Indians by their caste.
• One approach to assessing this argument is by comparing development outcomes in States where political parties have adopted caste-based mobilisation (Eg: Tamil Nadu) with those in States where political programmes for ending deprivation have taken the social-democratic route (Eg: Kerala).
• A comparison of the developmental experience of these States would therefore be instructive.

Details:

• Variables compared are adult literacy, infant mortality and consumption.
  • Each of these indicators is related to one of the three components of the United Nations Development Programme’s Human Development Index.
• In a comparison of Tamil Nadu and Kerala, for consumption (a proxy for income) the gap between the general population and the SCs is greater in Kerala than it is in Tamil Nadu but smaller when it comes to the other two indicators.
• However, when it comes to the absolute level achieved, the SCs of Kerala are better off than the SCs of Tamil Nadu on all three indicators.
  • They are also better off than the general population of India.
  • They have superior consumption, literacy and infant mortality outcomes.
• The maximin principle helps in reducing the gap between the general population and the SCs.
  • According to the maximin principle, that policy is preferred which maximises the position of the worst off in society.

Conclusion:

• Kerala will be chosen as better performing, for the most disadvantaged have higher indicators there.
• This evidence suggests that identity-based public policy may not be as effective as one based on an identity-less or universalist approach.
• The universal approach is the hallmark of social democracy.
• It has been known for decades that gender inequality exists in India. Knowledge of low literacy and high infant mortality among females has not done much to spur counteracting public policy that will ensure women’s empowerment.
• Therefore, another significant conclusion is that politics and not the availability of information drives public policy.

Category: INTERNATIONAL RELATIONS

1. Flood management that cannot be watered down

Context:

Many of Bihar’s districts have been facing serious challenges with recurrent and massive flooding.

Background:

• Some of Nepal’s biggest river systems originate in the Himalayan glaciers which then flow into India through Bihar.
• During the monsoons, these river systems flood causing many problems for Bihar.
• The Government of Bihar has raised the matter at regular intervals.

Steps Taken to Address the Issue of Flooding:

• In 2004, the Joint Project Office (JPO), Biratnagar, was established in Nepal to prepare a detailed project report to construct a high dam on the Nepal side (on Kosi, Kamla and Bagmati rivers).
• In 2020, in India, the Central Water Commission (CWC), Ministry of Jal Shakti (MoJS), convened a special meeting of the joint team of experts to ascertain the status of the detailed project report.

Issue:

• The Water Resources Department, Bihar has repeatedly requested the MoJS to expedite the progress of the detailed project report.
• Despite the best efforts made by the Government of Bihar, the task remains unaccomplished even after 17 years.
• The crucial matter of water sharing with Nepal has been flagged by India officially as well. Nepal’s lack of prompt reciprocation is a grave matter of concern.
  • It is essential that Nepal shows the required will to find a long-term solution with India in ending a perennial disaster.

Flood protection work:

• As in the existing India-Nepal Agreement on water resources, the State government is authorised to execute flood protection works up to critical stretches inside Nepal territory along the India-Nepal border.
  • In recent years, all such works have had to be carried out amidst increasing local resistance.
• Even during the pandemic, the Government of Bihar was intensively engaged at two levels:
  • with local Nepalese authorities.
  • through appeals to the Central government for carrying out flood protection.
• After sustained coordination between the Centre and Bihar and expedited interventions by India with Nepal, Kathmandu gave its conditional permission for manpower and machinery operation in the Nepal area of the Kosi basin.
  • Accordingly, 21 out of the 22 works could be completed.
  • Some progress was made to facilitate the smooth movement of manpower, machinery and flood control materials across the Gandak and Kamla rivers situated on the Nepal side to carry out flood protection work.

Way Forward:

• By controlling the flooding and using the water resources for common developmental uses such as hydroelectricity, irrigation and waterways, India-Nepal relations can be strengthened even further.
• Some of the key aspects of India-Nepal flood management must be relooked into under the existing arrangements of India’s federal system that offers a possibility of better coordination between the Centre and State governments.
• There is a need for process-driven coordination between the Centre and the Government of Bihar to handle the flooding in Nepal’s Terai and North Bihar (largely the Mithilanchal region).
• Nepal’s attitude towards mutual issues (water sharing, flood control, etc.) has been short of collaboration.
• Since bilateral cooperation remains the axis of water sharing and water management between the two countries, Nepal must play its part in ensuring a sustainable way forward.

In the best spirit of friendship, Nepal and India should restart the water dialogue and come up with policies to safeguard the interests of all those who have been affected on both sides of the border. It is time the two countries come together and assess the factors that are causing losses through flooding every year. Water cooperation should drive the next big India-Nepal dialogue.

Q.1 Which of the following correctly describes the mandate of the Justice A.K. Rajan 
committee that was recently constituted?

Q.2 Consider the following statements with regard to PM Digital Health Mission:

Q.3 Which country recently became the first European country to elect a women­-majority 
Parliament?

Q.4 ‘Judima Rice Wine’, a popular beverage in the North-East, is brewed by which 
indigenous tribe?

Q5. Which one of the following suggested that the Governor should be an eminent person from 
outside the State and should be a detached figure without intense political links or 
should not have taken part in politics in the recent past?

I. UPSC Mains Practice Questions

1. Government officials should be held accountable when their actions violate constitutional and civil rights. Explain the statement with relevant examples. (10 Marks, 150 Words) (GS 2 Polity and Governance).
2. Should women be provided reservation in the Indian judiciary? Critically examine. (15 Marks, 250 Words) (GS 2 Polity and Governance).

Read the previous CNA here.