Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Same-sex marriage, Issues, constitutional provisions , Read the attached article
Central idea
- Recently, the Supreme Court referred a batch of petitions seeking the legal recognition of same-sex marriages to a Constitution Bench. The Union government has opposed the petitions. Law Minister Kiren said that marriage is a matter of policy to be decided by Parliament and the executive alone.
What is mean by Same-sex marriage?
- Same-sex marriage is the legal recognition of a marriage between two individuals of the same sex.
- It grants same-sex couples the same legal and social recognition, rights, and privileges that are traditionally associated with marriage, including property rights, inheritance rights, and the ability to make decisions for each other in medical emergencies.
- The recognition of same-sex marriage varies around the world, with some countries legalizing it while others do not.
- The issue has been the subject of much debate and controversy, with arguments for and against same-sex marriage based on religious, cultural, social, and legal considerations.
Same-sex marriage in India
- Same-sex marriage is currently not legally recognized in India.
- Section 377 of the Indian Penal Code, which criminalized homosexuality, was struck down by the Supreme Court of India in 2018, which was a landmark decision for LGBTQ+ rights in the country.
- However, there is still no law that allows same-sex couples to legally marry or have any legal recognition of their relationships.
- In its affidavit to the Supreme Court, the government argued that the traditional concept of marriage, consisting of a biological man, woman and child, cannot be disrupted.
- It claimed that recognising same-sex marriages could cause havoc in the system of personal laws.
- As different from many liberal democracies, in India, aspects of marriage, succession and adoption are governed by religious personal laws.
What petitioners are claiming?
- Same-sex marriage as a matter of rights
- Any social policy is liable to judicial interference if rights are violated.
- The petitioners rely on the rights to equality and non-discrimination as laid out in Articles 14 and 15.
- The Constitution prohibits the state from discriminating on the basis of sex.
- Sex has been interpreted by the Supreme Court in Navtej Singh Johar (2018) to include sexual orientation. Granting the right to marry to heterosexual couples and not to homosexual couples clearly discriminates on the basis of their sexual orientation.
- Same-sex marriage is a matter of privacy
- Right to privacy: Supreme Court recognised this right to be part of the right to life and liberty under Article 21 of the Constitution in the celebrated Puttaswamy (2017) verdict.
- What court said on privacy: Privacy includes at its core the preservation of personal intimacies, the sanctity of family life, marriage, procreation, the home and sexual orientation.
- State currently denies this right: The right to privacy entails the right of the citizens to make decisions about their family life and marriage. The state currently denies same-sex couples this right.
- The Special Marriage Act: The Special Marriage Act is a secular law which works alongside religious personal laws. Same-sex marriages can be recognised under the Special Marriage Act. The Act already speaks of marriages between any two persons which are solemnised under it. Any two persons can include two persons of the same sex.
Special Marriage Act
- The Special Marriage Act is a law in India that allows individuals of different religions or nationalities to marry each other.
- It was enacted in 1954 and came into effect from 1955.
- The Special Marriage Act allows for inter-caste and inter-religious marriages, and couples who register under this act are not required to change their religion or follow any religious rites or rituals.
- The act also provides for divorce on certain grounds and maintenance to the spouse and children.
Consider the situation in the United States
- In Obergefell v Hodges (2015), the Supreme Court of the United States held that same-sex couples have a constitutional right to marriage.
- Thirty-one out of the 50 states in the United States have marriage laws that define marriage as between a man and a woman.
Conclusion
- The debate on legal recognition of same-sex marriages in India continues to be a contentious issue, with the government and petitioners presenting opposing views. However, given the complex social, cultural, and legal considerations, any decision regarding same-sex marriage should be carefully evaluated to ensure that it is inclusive and respects individual rights. Ultimately, it is important to arrive at a balanced and just solution that upholds the principles of equality and non-discrimination for all individuals, regardless of their sexual orientation.
Mains Question
Q. What do you understand by same-sex marriage? Describe same sex marriage situation in India by highlighting both the arguments.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Women empowerment, Reforms to thrive Women leadership
Central Idea
- Today the world is home to a transformative generation of 900 million adolescent girls and young women poised to shape the future of work and growth. If this cohort of young women could be equipped with the right resources and opportunities to nurture the 21st century skills, they would become the largest segment of women leaders, change-makers, entrepreneurs, and innovators in history.
- India is home to one of the largest generations of girls and young women, has made significant progress across various domains, such as education, health, digital and financial inclusion, and leadership building, to achieve Sustainable Development Goal 5, which envisions a more gender-equal world by 2030.
- To unleash the gender dividend and create conditions for female leadership to flourish, women at all levels of society must have inclusion in the Information and Communications Technology (ICT), bodily autonomy and safety, shared responsibility within the household, and equal participation in decision-making spaces.
What are the necessary conditions that must be in place for Women leadership to thrive?
- Cultivating Agency:
- Given the socio-economic barriers that adolescent girls confront from their earliest years that the work to cultivate their agency must begin early.
- India’s initiatives across various domains, such as education, health, digital and financial inclusion, and leadership building, to achieve Sustainable Development Goal 5, which envisions a more gender-equal world by 2030.
- Inclusion in ICT:
- Inclusion in Information and Communications Technology (ICT) for women at all levels of society is very important.
- As access to digital technology increasingly becomes an arena of opportunity and basic service, EdTech can bridge the accessibility gap in education through hybrid learning models, even where girls’ access to schooling is restricted by harmful norms.
- STEM Education:
- The prevailing stereotypes that characterize STEM education as a traditionally masculine domain, even though over 43% of Indian STEM graduates are women.
- The gender norms that disproportionately allocate domestic and care responsibilities to women, representation of men as leaders of STEM, finance, and entrepreneurial fields in the public perception, and institutional mechanisms are some of the barriers that explain why increased women’s representation in STEM education does not translate into work participation.
- There is need of inclusion of grade-appropriate STEM, financial education, and entrepreneurship syllabi into the educational curriculum for girls to counter these stereotypes actively.
- Bodily Autonomy and Safety
- Empowering women to make decisions about their bodies and be free from all forms of violence and harassment is very important.
- These basic conditions are critical to enable women and young girls to chart the trajectory of their personal and professional lives.
- Sport for Leadership
- The sporting activities can promote leadership, self-sufficiency, and teamwork. The inclusion of adolescent girls and young women in sports can build their self-confidence, strengthen self-belief, and impart the nuances of teamwork.
- The National Sports Policy and inclusion programs for children from vulnerable communities, which have seen remarkable success.
- Redistribute Care Work
- The backbone of thriving families, communities, and economies largely falls on women, increasing in times of crisis such as the COVID-19 pandemic.
- It is crucial to recognize, reduce and redistribute unpaid care and domestic work, so that women may enjoy economic opportunities and outcomes on an equal footing to men.
- The policies that provide services, social protection and basic infrastructure, promote sharing of domestic and care work between men and women, and create more paid jobs in the care economy, which are urgently needed to accelerate progress on women’s economic empowerment.
Do you know? STEM education
- STEM education refers to a curriculum that focuses on four academic disciplines: Science, Technology, Engineering, and Mathematics.
- STEM education is designed to promote and enhance the critical thinking, problem-solving, and analytical skills of students, while also encouraging their creativity and innovation.
- The curriculum typically integrates these four subjects to show how they are interconnected and applicable to real-world problems.
- STEM education is becoming increasingly important in today’s world, as technology continues to advance and the demand for skilled workers in these fields grows.
Conclusion
- Nurturing the leadership abilities of adolescent girls and young women is crucial for breaking down restrictive gender norms and barriers and accelerating progress across the Sustainable Development Goals. By working together to empower girls and women, we can create a more gender equal world and unlock the full potential of the next generation of female leaders.
Mains Question
Q. What are the necessary conditions that must be established for female leadership to flourish in India?
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: India-china Trade, development and Bilateral Relations
Central idea
- China’s recent developments in steady growth, people’s well-being, opening up, and win-win cooperation, as well as its willingness to strengthen communication and coordination with India, can provide new opportunities for all countries in the world, especially neighbouring countries. importance of China-India relations and their role in facilitating an Asian Century.
China’s focus areas of development
- Modernization: China is currently advancing modernization in all fronts, based on its practices, and a focus on high-quality development.
- Overall development: The country aims to modernize its huge population, ensuring common prosperity for all, material and cultural-ethical advancement, harmony between humanity and nature, and peaceful development.
- New opportunities: China’s development will create new opportunities for all countries, especially neighbouring countries.
The development of China in recent years
- Steady Growth:
- In 2022, China’s economy grew by 3%, and the country added a total of 12.06 million urban jobs.
- The country’s GDP increased to 121 trillion yuan (approximately $18 trillion), registering an annual growth rate of 5.2% over the past five years and an annual growth of 6.2% over the past decade, with GDP increasing by nearly 70 trillion yuan.
- China’s economic strength is steadily reaching new heights.
- People’s Well-being:
- China has historically resolved absolute poverty, with the alleviation of close to 100 million rural residents from poverty.
- Over 70% of the government’s expenditure went toward ensuring people’s well-being.
- Basic old age insurance covers 1.05 billion people, an increase of 140 million. Living standards continue to witness new improvements.
- Opening Up:
- In 2022, China’s total volume of trade in goods exceeded 40 trillion yuan, registering an annual growth rate of 8.6%.
- China’s actual use of foreign capital was up by 8%, and the country remained one of the top destinations for foreign investors.
- The overall tariff level continues to fall, from 9.8% to 7.4%. China’s doors to the outside world are opening even wider.
- Win-Win Cooperation
- In the period 2013-2021, China’s contribution to global economic growth averaged 38.6%, higher than that of G7 countries combined (25.7%).
- More than 100 countries have expressed their support, and over 60 countries have joined the Group of Friends of the Global Development Initiative (GDI) since Chinese President, Xi Jinping, proposed it in a speech at the United Nations General Assembly in 2021.
- Emerged as Representatives: As neighboring and ancient civilizations, China, and India are representatives of developing countries and emerging economies.
- National rejuvenation: Both countries are currently in the process of national rejuvenation and a crucial period of modernization where challenges need to be overcome and problems need to be solved.
- Interests than differences: China and India have far more common interests than differences.
China- India Trade
- China and India are important trading partners, with bilateral trade volume reaching $135.984 billion in 2022.
- Although there is a trade deficit, India’s import of equipment and materials from China reduces the overall cost of Made-in-India products, benefits Indian downstream industries and consumers, enhances the competitiveness of Indian exports, and in turn facilitates India’s integration into global industrial and supply chains.
Facilitating an Asian Century
- Chinese Foreign Minister recently stated that the development and revitalization of China and India embody a boost to the force of developing countries, which will change the destiny of a third of the world’s population and have a bearing on the future of Asia and beyond.
- This echoes what India’s External Affairs Minister S. Jaishankar had expressed in 2022 that the Asian Century will happen when China and India come together.
Conclusion
- China’s development and its relationship with India are important for the region and the world. Both countries are in the process of modernization and face challenges that need to be overcome. China and India are important trading partners, and their cooperation can facilitate an Asian Century and contribute to peace and stability in the region and beyond.
Mains Question
Q. Provide your insights on the role of China and India in shaping the destiny of the developing countries and their impact on the future of Asia and beyond
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Bar Council
Mains level: Foreign legal professionals in India
Central Idea: The Bar Council of India (BCI) has opened up law practice in India to foreign lawyers and law firms. It has framed the ‘Bar Council of India Rules for Registration of Foreign Lawyers and Foreign Law Firms in India, 2021’.
About Bar Council of India (BCI)
- The BCI is a statutory body established under the section 4 of Advocates Act 1961 that regulates the legal practice and legal education in India.
- Its members are elected from amongst the lawyers in India and as such represents the Indian bar.
- It prescribes standards of professional conduct, etiquettes and exercises disciplinary jurisdiction over the bar.
- It also sets standards for legal education and grants recognition to universities whose degree in law will serve as a qualification for students to enroll themselves as advocates upon graduation.
History
- In March 1953, the ‘All India Bar Committee’, headed by S. R. Das, submitted a report which proposed the creation of a bar council for each state and an all India bar council as an apex body.
- It was suggested that the all-India bar council would regulate the legal profession and set the standard of legal education.
- The Law Commission of India was assigned the job of assembling a report on judicial administration reforms and helps India to reform justice and equity to whole country.
- In 1961, the Advocates Act was introduced to implement the recommendations made by the ‘All India Bar Committee’ and ‘Law Commission’.
Functions
The functions of the Bar Council are to:
- Lay down standards of professional conduct and etiquette for advocates.
- Lay down procedure to be followed by disciplinary committees
- Safeguard the rights, privileges and interests of advocates
- Promote and support law reform
- Deal with and dispose of any matter which may be referred by a State Bar Council
- Promote legal education and lay down standards of legal education.
- Determine universities whose degree in law shall be a qualification for enrollment as an advocate.
- Conduct seminars on legal topics by eminent jurists and publish journals and papers of legal interest.
- Organise and provide legal aid to the poor.
- Recognise foreign qualifications in law obtained outside India for admission as an advocate.
- Manage and invest funds of the Bar Council.
- Provide for the election of its members who shall run the Bar Councils.
Constitution
- As per the Advocates Act, the BCI consists of members elected from each state bar council, and the Attorney General of India and the Solicitor General of India who are ex officio members.
- The council elects its own chairman and vice-chairman for a period of two years from among its members.
- Assisted by the various committees of the council, the chairman acts as the chief executive and director of the council.
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Why such move?
- The BCI notification also stated that the Rules would help to address the concerns expressed about the flow of Foreign Direct Investment into the country.
- The Rules would also help make India a hub for international commercial arbitration.
Move to benefit Indian lawyers
- The rules enable foreign lawyers and law firms to “practice foreign law, diverse international law and international arbitration matters in India on the principle of reciprocity in a well-defined, regulated and controlled manner”.
- The BCI said that the move would benefit Indian lawyers, whose standards of proficiency in law are comparable with international standards.
- The legal fraternity in India is not likely to suffer any disadvantage since the move would be mutually beneficial for lawyers from India and abroad.
How foreign lawyers can begin operating in India?
- The Rules prescribe that foreign lawyers and firms would not be entitled to practice law in India without registration with the BCI.
- Foreign lawyers and law firms are not allowed to practice Indian law in any form or before any court of law, tribunal, board or any other authority legally entitled to record evidence on oath.
- However, the restriction does not apply to law practice by a foreign lawyer or foreign law firm on a ‘fly in and fly out basis’ for the purpose of giving legal advice to a client in India on foreign law or international legal issues.
- In such a case, the lawyer or firm cannot have an office in India, and their practice cannot exceed 60 days in any 12-month period.
Requirements for foreign lawyers and firms
A primary qualification required from foreign lawyers and firms is-
- Certificate from the competent authority of their country that they are entitled to practice law in that country.
- Undertaking that they shall not practice Indian law in any form or before any court of law, tribunal, board or any other authority legally entitled to record evidence on oath.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Foreign Trade Policy
Mains level: India's foreign trade policy
Central idea: The revision of India’s Foreign Trade Policy, which has been unchanged since 2015 and due for three years, may finally be announced by the end of this month.
What is a Foreign Trade Policy?
- India’s Foreign Trade Policy (FTP) is a set of guidelines for goods and services imported and exported.
- These are developed by the Directorate General of Foreign Trade (DGFT), the Ministry of Commerce and Industry’s regulating body for the promotion and facilitation of exports and imports.
- FTPs are enforceable under the Foreign Trade Development and Regulation Act 1992.
What is India’s Foreign Trade Policy?
- In line with the ‘Make in India,’ ‘Digital India,’ ‘Skill India,’ ‘Startup India,’ and ‘Ease of Doing Business initiatives, the Foreign Trade Policy (2015-20) was launched on April 1, 2015.
- It provides a framework for increasing exports of goods and services, creating jobs, and increasing value addition in the country.
- The FTP statement outlines the market and product strategy as well as the steps needed to promote trade, expand infrastructure, and improve the entire trade ecosystem.
- It aims to help India respond to external problems while staying on top of fast-changing international trading infrastructure and to make trade a major contributor to the country’s economic growth and development.
Issues with FTP (2015-2020)
- Acting on Washington’s protest, a WTO dispute settlement panel ruled in 2019 that India’s export subsidy measures are in violation of WTO norms and must be repealed.
- Tax incentives under the popular Merchandise Exports from India Scheme (MEIS) (now renamed as RODTEP Scheme)and Service Exports from India Scheme (SEIS) programmes were among them.
- The panel found that because India’s per capita gross national product exceeds $1,000 per year, it may no longer grant subsidies based on export performance.
Why such a delay in Foreign Trade Policy?
- Geopolitical uncertainty: The geo-political situation is not suitable for long-term foreign trade policy, said Union Commerce Minister.
- Global recession: Currently, fears of a recession in major economies like the US and Europe have escalated a panic among investors.
- Decline in USD inflows: Foreign investors have begun to pull back their money from equities.
- Rupee depreciation: The US Dollar is at a 22-year high, while the Rupee hit a new all-time low of $81.6.
- Huge trade deficit: The trade deficit widened by more than 2-folds to $125.22 billion (April – August 2022) compared to $53.78 billion in the same period last year.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Smart Cities Mission
Mains level: Not Much
Central idea: The Govt asks 20 worst-performing cities to improve as June 2023 Smart Cities Mission deadline nears.
What is the Smart Cities Mission?
- The Smart Cities Mission is an initiative of the Union Housing and Urban Affairs Ministry that was launched by PM on June 25, 2015.
- Cities across the country were asked to submit proposals for projects to improve municipal services and to make their jurisdictions more liveable.
- Between January 2016 and June 2018 (when the last city, Shillong, was chosen), the Ministry selected 100 cities for the Mission over five rounds.
Deadline of the project
- The projects were supposed to be completed within five years of the selection of the city.
- However, in 2021 the Ministry changed the deadline for all cities to June 2023, which was earlier the deadline for Shillong alone.
What kinds of projects were proposed?
- Project proposals ranged from making certain stretches of roads more accessible and pedestrian-friendly to more capital-intensive ones like laying water pipelines and constructing sewage treatment plants.
- All 100 cities have constructed Integrated Command and Control Centres.
- These centres monitor all security, emergency and civic services.
- During the peak of the Covid-19 pandemic, many of these centres were converted into emergency response units by the cities.
What is the status of the projects?
- As of March 3, 100 cities have issued work orders for 7,799 projects worth Rs 1.80 lakh crore.
- Out of these, 5,399 projects worth Rs.1.02 lakh crore have been completed, and the rest are ongoing.
- Only around 20 cities are likely to meet the June deadline. The rest will need more time.
- Shillong has completed just one of its 18 proposed projects.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: McMahon Line
Mains level: Not Much
Central idea: Republican and Democrat senators introduced a resolution in US Congress reiterating that the US recognises the McMahon Line as the international boundary between China and India in Arunachal Pradesh.
Significance of such move
- This resolute confirms US (both ruling and opposition) stand with India at a time when China poses a threat to the Free and Open Indo-Pacific.
- The resolution reaffirms India’s position that Arunachal Pradesh, which China calls ‘South Tibet’, is an integral part of India.
What is the McMahon Line?
- The McMahon Line serves as the de facto boundary between China and India in the Eastern Sector and represents the boundary between Arunachal Pradesh and Tibet.
- China disputes the boundary and claims the state of Arunachal Pradesh as part of the Tibetan Autonomous Region (TAR).
Under what circumstances was the McMahon Line drawn?
- The McMahon Line was drawn during the Simla Convention of 1914, officially described as the Convention between Great Britain, China, and Tibet.
- The British led an expedition into Tibet and signed the Convention of Lhasa in 1904, alarmed at the growing Russian influence in the region.
- China invaded at the same time, taking control of the southeastern Kham region and pushing British officials to advocate extending British jurisdiction into the tribal territory.
- The convention attempted to settle the question of Tibet’s sovereignty and avoid further territorial disputes in the region.
What happened at the Simla Convention of 1913-14?
- The Tibetan government in Lhasa was represented by its plenipotentiary Paljor Dorje Shatra, and Britain by Sir Arthur Henry McMahon, foreign secretary of British India at Delhi.
- The Chinese plenipotentiary was Ivan Chen.
- The treaty divided the Buddhist region into “Outer Tibet” and “Inner Tibet” and determined the border between China proper and Tibet as well as Tibet and British India.
- The final convention was only signed by McMahon on behalf of the British government and Shatra on behalf of Lhasa.
- Ivan Chen did not consent to the convention, arguing that Tibet had no independent authority to enter into international agreements.
How was the border between British India and China decided?
- The 890-km border from the corner of Bhutan to the Isu Razi Pass on the Burma border was drawn largely along the crest of the Himalayas, following the “highest watershed principle”.
- However, exceptions were made, such as Tawang, which was included in British India due to its proximity to the Assam Valley.
What has the status of the McMahon line been since 1914?
- While there were disputes regarding the McMahon line from the beginning, after the communists took power in 1949, they pulled China out of all international agreements.
- The McMahon line was not mentioned during the Bandung Conference of 1955, which was held in Indonesia and saw Asian and African leaders agree to a common stand against colonialism and the Cold War.
- However, the Chinese have recently raised the issue of the McMahon line, and in 2017, Beijing officially renamed six places in the Arunachal Pradesh region, including the disputed area of Tawang.
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