Note4Students
From UPSC perspective, the following things are important :
Prelims level: Article 30
Mains level: Read the attached story
Introduction
- The Supreme Court’s seven-judge Bench has begun hearing the long-standing dispute over the minority status of Aligarh Muslim University (AMU), a contention that spans nearly six decades.
AMU’s Establishment
- Origins: AMU traces its roots to the Muhammadan Anglo-Oriental (MOA) College, founded by Sir Syed Ahmad Khan in 1875 to address Muslims’ educational backwardness.
- University Status in 1920: The institution gained university status in 1920, transitioning from MOA College to AMU, with a focus on both Western education and Islamic theology.
Dispute over Minority Status
- Article 30(1) of the Constitution: It says that all minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.
- Initial Legal Challenges: The Supreme Court’s 1967 ruling in S. Azeez Basha vs. Union of India marked the beginning of the legal dispute, questioning the amendments to the AMU Act and the university’s administration.
- Supreme Court’s 1967 Verdict: The court held that AMU was not established nor administered by the Muslim minority, emphasizing that it was created by a central act for government recognition of its degrees.
Nationwide Protests and Political Response
- 1981 Amendment Affirming Minority Status: Following protests by Muslims, the government amended the AMU Act in 1981, explicitly recognizing its minority status.
- Allahabad High Court’s 2005 Ruling: The High Court overturned AMU’s reservation policy and nullified the 1981 amendment, aligning with the Supreme Court’s 1967 decision.
Recent Developments and Government Stance
- Withdrawal of Appeal by NDA Government: In 2016, the NDA government withdrew its appeal in the Supreme Court, stating it could not endorse setting up a minority institution in a secular state.
- Referral to a Larger Bench: In 2019, a three-judge Bench led by then CJI Ranjan Gogoi referred the matter to a seven-judge Bench for a comprehensive review.
Current Proceedings in the Supreme Court
- Composition of the Bench: The case is being heard by a Bench comprising CJI DY Chandrachud and Others
- Focus of the Hearing: The Bench is set to deliberate on the complex historical, legal, and constitutional aspects surrounding AMU’s minority status.
Conclusion
- Significance of the Case: The Supreme Court’s current hearing is crucial in determining the future of AMU’s minority character, a matter deeply intertwined with India’s educational and secular fabric.
- Implications for Minority Rights: The outcome will have significant implications for minority rights in India, particularly concerning the establishment and administration of educational institutions under Article 30(1) of the Constitution.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: India Club
Mains level: Read the attached story
Introduction
- India is planning to establish its own Protection and Indemnity (P&I) entity, named the India Club, to insure ships operating along Indian coasts and waterways.
- Presently, the Indian shipping industry relies on global firms for insurance coverage.
Understanding P&I Entities
- Function and Structure: A P&I club is a mutual insurance association offering risk pooling, information, and representation for its members, including ship owners, operators, and other maritime stakeholders.
- Coverage Scope: These clubs provide coverage for third-party risks like cargo damage, war, and environmental hazards, which traditional insurers often avoid.
Global P&I Club Landscape
- International Group of P&I Clubs: Headquartered in London, this group comprises 13 clubs covering about 90% of the world’s ocean-going vessels.
- Global Cooperation: These clubs operate on a cooperative model, pooling funds for large claims and determining liability through complex agreements.
Rationale behind making India Club
- Reducing Vulnerability: A local P&I entity can mitigate risks related to international sanctions and pressures, as seen in the Russia-Ukraine conflict.
- Focus on Domestic Shipping: Initially, the India Club will primarily insure ships involved in domestic movements.
Operational Model of India Club
- Government-Led Initiative: The Ministry of Ports, Shipping, and Waterways is spearheading the formation of this coalition of domestic fleet owners.
- Scope of Coverage: The India Club will cater to vessels on coastal routes and inland waterways within India.
- Involvement of Traditional Insurers: Traditional insurance and reinsurance companies may participate in underwriting claims and offering services.
Challenges Facing
- Limited Beneficiaries: The initiative might primarily benefit state-owned and smaller shipping lines, as many Indian-owned ships operate under foreign flags to evade stringent regulations.
- Acceptance Issues: The India Club’s coverage might not be recognized by global traders.
- High Coverage Requirements: Offering extensive coverage, especially for large crude carriers, could pose financial challenges.
Conclusion
- Strategic Move: Establishing the India Club is a strategic step towards enhancing India’s maritime insurance capabilities and reducing dependence on international entities.
- Balancing Challenges and Opportunities: While the initiative presents opportunities for greater autonomy in maritime insurance, it also faces challenges in global acceptance and financial viability.
- Potential for Growth: If successfully implemented, the India Club could significantly bolster India’s maritime sector, offering tailored insurance solutions for domestic shipping needs.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Krishna-Godavari Basin
Mains level: Read the attached story
Introduction
- Oil and Natural Gas Corporation (ONGC) commenced its ‘first oil production’ from the deep-water block in the Krishna Godavari (KG) basin off the Bay of Bengal on the Kakinada coast.
First Crude Oil Production: Significance
- Location: The oil extraction is taking place 30 kilometres off the coast of Kakinada, in the Krishna Godavari basin.
- Initial Production Phase: Currently, four out of 26 wells are operational.
- Production Forecast: By May or June, the production is expected to reach 45,000 barrels per day, accounting for 7% of India’s total crude oil production.
- Gas Production Outlook: Alongside oil, the project also anticipates contributing significantly to India’s gas output.
About Krishna-Godavari Basin and its Natural Resources
|
Details |
| Location |
Eastern coast of India |
| Geological Setting |
Rift basin formed during the Mesozoic era |
| Sedimentary Fill |
Primarily composed of sedimentary rocks |
| Tectonic Evolution |
Went through phases of rifting, subsidence, and sedimentation |
| Stratigraphy |
Includes Krishna Formation, Godavari Formation, Cauvery Formation, and more |
| Source Rocks |
Organic-rich shales and mudstones |
| Reservoir Rocks |
Typically sandstones and limestone formations |
| Trap Structures |
Anticlines, fault traps, stratigraphic pinch-outs, and more |
| Major Discoveries |
KG-D6 Block (Dhirubhai-1 and Dhirubhai-3 fields) |
| Exploration and Production |
Companies like Reliance Industries, ONGC, GAIL, and others are active |
| Land Size |
Approximately 15,000 square kilometers |
| Geomorphological Units |
Upland plains, coastal plains, recent flood plains, and delta plains |
| Notable Gas Discovery |
ONGC made the first gas finding in 1983 in the D-6 block, noted for India’s largest natural gas reserves |
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Sisal Leaves
Mains level: Read the attached story
Introduction
- Scientists at Stanford University have developed a method to produce highly absorbent material from sisal leaves for use in menstrual hygiene products.
Using Sisal for Sanitary Napkins
- Historical Use of Sisal: Originating from ancient Aztec and Mayan civilizations, sisal leaves have been used for various purposes, including making paper, twine, cloth, carpets, and mezcal.
- Superior Absorption: The material created from sisal leaves has a higher absorption capacity than commercial menstrual pads.
- Environmentally Sustainable Method: The production process is free from polluting or toxic chemicals and can be conducted locally on a small scale.
Global Menstrual Hygiene Challenges
- Rising Use of Hygienic Methods: Despite an increase in the use of sanitary napkins, tampons, and menstrual cups in India, access to menstrual hygiene products remains limited globally.
- Environmental Concerns: The widespread use of sanitary napkins poses environmental challenges due to the non-biodegradable waste they generate.
Sisal as an Eco-Friendly Alternative
- Comparison with Other Plant Fibers: Unlike banana plants, sisal is drought-resistant, making it a more sustainable option for producing absorbent material in arid regions.
- Innovative Delignification Process: The team uses peroxyformic acid for delignification, a more environmentally friendly method than traditional processes.
Life-Cycle Analysis and Environmental Footprint
- Cradle-to-Gate Carbon Footprint Analysis: The environmental footprint of the sisal-based process is comparable to commercial processes for timber and cotton.
- Water Consumption: Water usage in sisal cultivation is significantly lower than in cotton industries, enhancing its sustainability.
Local Manufacturing and Quality Control
- Pilot Production in Nepal: The team is testing the scalability of their method for mass-producing sanitary napkins in Nepal.
- Global Student Engagement Program: High school students worldwide are encouraged to test local plants using this process and contribute to a public database.
Challenges and Future Directions
- Quality Standards Compliance: Ensuring that plant fiber-based menstrual hygiene products meet existing quality standards is crucial.
- Distributed Manufacturing Approach: This model focuses on smaller-scale production catering to local populations, reducing carbon emissions from transportation.
- Research Consortium and Collaboration: The team aims to build a research consortium for open-source collaboration in addressing menstrual health and period poverty.
Conclusion
- Innovative Solution to Period Poverty: The use of sisal in menstrual hygiene products represents a significant advancement in addressing period poverty and environmental sustainability.
- Collaborative Efforts for Global Impact: The initiative’s success hinges on global collaboration, quality control, and adapting the technology to diverse environmental conditions.
- Potential for Widespread Adoption: If successful, this innovation could transform menstrual hygiene practices, making them more sustainable and accessible worldwide.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Kateel Yakshagana Mela
Mains level: NA
Introduction
- The Karnataka High Court has allowed the century-old Kateel Durgaparameshwari Prasadita Yakshagana Mandali to resume all-night shows, adhering to noise pollution norms.
About Kateel Yakshagana Mela
- It refers to a traditional form of theater performance known as Yakshagana, which is predominantly found in the state of Karnataka, India.
- Specifically, “Kateel” refers to the town of Kateel in Karnataka, which is known for its own unique troupes or ‘Melas’ performing this art form.
- It includes stories from Hindu epics like the Ramayana and the Mahabharata.
- They are usually performed on open-air stages at night and can last up to several hours.
Back2Basics: Yakshagana
|
Details |
| Origin and Meaning |
Originates from Karnataka, India. The word “Yakshagana” literally means the song (gana) of the yaksha (nature spirits). |
| Performance Style |
A blend of dance, music, dialogue, elaborate costumes, makeup, and stage techniques. |
| Music |
Accompanied by traditional music, predominantly with the ‘chande’ and ‘maddale’ drums. |
| Narrative Source |
Based on epic and puranic stories, often depicting scenes from Mahabharata, Ramayana, and Bhagavata. |
| Types |
Badagu Thittu: Predominant in the northern parts of Karnataka, characterized by vigorous dance movements and elaborate costumes.
Tenku Thittu: Found in the southern parts, known for its relatively more subdued dance and dialogue delivery. |
| Costumes and Makeup |
Elaborate and colorful, with significant emphasis on facial expressions. Characters are often adorned with headgear. |
| Modern Adaptations |
Contemporary themes are being incorporated, and performances are adapted for global audiences. |
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Project Tiger
Mains level: Read the attached story
Introduction
- Launch and Growth: Project Tiger, launched in 1973, has evolved from a forest bureaucracy-administered initiative to a statutory category in 2006, becoming a global success story in conservation.
- Expansion of Tiger Reserves: From nine reserves in 1973, India now boasts 54 reserves across 18 states, covering 2.38% of the country’s land area.
Tiger Population and Conservation Efforts
- Census Methods and Population Growth: The transition from the pug-mark method to camera-trap techniques has shown a significant increase in tiger numbers, with India now home to three-quarters of the world’s tiger population.
- Wildlife (Protection) Act (WLPA) 1972: This Act introduced National Parks and Wildlife Sanctuaries, changing the rights of forest dwellers and centralizing control with the State government.
Project Tiger’s Transformation and Critical Tiger Habitats (CTH)
- From Centrally Sponsored Scheme to CTH: Project Tiger’s shift to a focus on CTHs aimed to prioritize tiger-centric conservation, introducing Buffer Areas around CTHs.
- 2006 Amendment and NTCA Formation: The amendment to WLPA in 2006 led to the creation of the National Tiger Conservation Authority (NTCA) and a tiger conservation plan, though CTHs remained inviolate.
Forest Rights Act (FRA) 2006 and Its Implications
- Recognition of Forest Dwellers’ Rights: The FRA recognized the rights of forest dwellers, including in Tiger Reserves, and established Gram Sabhas as authorities for forest management.
- Introduction of Critical Wildlife Habitat (CWH): The FRA introduced CWH, ensuring that notified areas couldn’t be diverted for non-forestry purposes.
Challenges in CTH Delineation and Legal Compliance
- Hasty CTH Notifications: In 2007, a rushed process led to the notification of 26 Tiger Reserves without full compliance with legal provisions.
- Lack of Buffer Areas: Initially, most CTHs lacked Buffer Areas, a situation rectified only after Supreme Court intervention in 2012.
Relocation and Rehabilitation Issues
- Legal Framework for Relocation: WLPA and LARR Act 2013 outline the process for voluntary relocation, with specific compensation and rehabilitation requirements.
- Implementation Gaps: Actual relocation practices often fall short of legal requirements, leading to minimal consent and inadequate compensation.
Conflict between Tiger Conservation and Forest Dwellers’ Rights
- Resistance to Forest Rights Recognition: Tiger Reserves often witness resistance to recognizing forest dwellers’ rights, leading to conflicts.
- NTCA’s Role and Legal Challenges: NTCA’s actions, including temporary bans and wildlife clearance requirements, have sometimes conflicted with the legal rights of forest dwellers.
Conclusion
- Balancing Biodiversity and Human Interests: India’s journey with Project Tiger highlights the need to balance tiger conservation with the rights and livelihoods of forest dwellers.
- Future Prospects: As tiger populations and reserves grow, India faces the challenge of managing increasing human-wildlife conflicts while ensuring sustainable conservation practices.
- Legal and Policy Evolution: The evolution of laws and policies around tiger conservation reflects a dynamic process of adapting to ecological, social, and legal complexities.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: National Clean Air Programme (NCAP)
Mains level: Read the attached story
Introduction
- Ambitious Goals: The National Clean Air Programme (NCAP) aims to reduce particulate matter concentrations by 40% by 2026 in 131 Indian cities.
- Mixed Results: An analysis by Respirer Living Sciences and Climate Trends reveals varied progress among cities, with only a few meeting targeted declines in PM 2.5 levels.
About National Clean Air Programme (NCAP)
|
Details |
| Launch |
Launched by the Ministry of Environment, Forests and Climate Change (MoEFCC) in January 2019. |
| Objective |
To create a national framework for air quality management with a time-bound target for reducing air pollution. |
| Targets |
Aims to reduce the concentration of PM10 and PM2.5 particles by at least 20% in five years, using 2017 as the base year. |
| Coverage |
Focuses on 132 non-attainment cities identified by the Central Pollution Control Board (CPCB). |
| Non-attainment Cities |
Cities that have consistently fallen short of the National Ambient Air Quality Standards (NAAQS) for over five years. |
| NAAQS Pollutants |
Includes PM10, PM2.5, SO2, NO2, CO, NH3, Ozone, Lead, Benzene, Benzo-Pyrene, Arsenic, and Nickel. |
| Current Standards |
Annual average prescribed limits are 40 µg/m3 for PM2.5 and 60 µg/m3 for PM10. |
| Revised Targets (2022) |
Updated target of a 40% reduction in particulate matter concentration by 2026. |
| Improvement Assessment |
Requires a 15% or more reduction in annual average PM10 concentration and at least 200 clean air quality days starting from 2020-21. |
Particulate Matter Reduction: Varied City Performances
- Inconsistent Declines: Among 49 cities with consistent data over five years, 27 showed a decline in PM 2.5, but only four met or exceeded targets.
- Notable Increases in Pollution: Cities like Delhi, Navi Mumbai, Mumbai, Ujjain, Jaipur, Visakhapatnam, and Pune have seen marginal declines or increases in PM 2.5 levels.
Success Stories and Regional Disparities
- Significant Reductions: Cities like Varanasi, Agra, and Jodhpur reported substantial declines in PM 2.5 and PM 10 levels.
- Uttar Pradesh’s Progress: Except for Jodhpur, cities achieving the 2026 reduction targets are predominantly from Uttar Pradesh.
- Indo-Gangetic Plain’s Pollution: The IGP remains a hotspot for high PM 2.5 levels, with 18 of the top 20 polluted cities located in this region.
Factors Influencing Pollution Levels
- Annual Variations: Pollution levels can vary significantly within a year, with northern and eastern Indian cities peaking during winter.
- Air Quality Monitoring Infrastructure: The number and distribution of continuous ambient air quality monitors significantly impact the accuracy of pollution data.
- Geographical and Meteorological Influences: The study acknowledges the need for further research to understand the impact of emissions, geography, and weather on pollution levels.
NCAP’s Progress and Future Outlook
- Noteworthy Efforts: The NCAP has made progress in reducing pollution in some cities, but the overall effectiveness remains unclear.
- Enhanced Monitoring: The addition of new air quality monitoring stations is expected to provide a clearer picture of pollution levels and aid in mitigation efforts.
Conclusion
- Persistent Pollution Challenges: Despite some successes, many urban areas continue to struggle with rising pollution levels.
- Commitment to Environmental Goals: The NCAP’s revised target reflects India’s commitment to ambitious environmental objectives.
- Need for Comprehensive Strategies: Effective air quality management requires a combination of robust monitoring, targeted policy interventions, and public awareness to achieve sustainable improvements in air quality.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Chandubi Festival
Mains level: NA
Introduction
- The 14th Chandubi Festival was recently held near the Chandubi Lake in Assam’s Kamrup district from January 1 to January 5.
About Chandubi Festival
- The Chandubi Festival happens every year for five days, starting on New Year’s Day, by the Chandubi Lake in Assam.
- Chandubi Lake was formed by a earthquake in 1897.
- The name “Chandubi” comes from “Chand” meaning “five” and “Dubi” meaning “sinking” in the Khasi language.
- At the festival, one can enjoy local culture, try ethnic food, see handcrafted clothes, and go boating.
- The festival’s main goal is to encourage eco-tourism and protect the lake, which has been losing water.
- Preserving the lake and helping the tribes like Rabhas, Garos, Gorkhas, and tea tribes are reasons for holding the festival.
Course of events
- During the festival, many attractive ethnic sports competitions were organized by the festival celebration committee which includes the Baghbol competition, Chagalchari competition, Khutikhel, Lewatana etc.
- Performances of different tribe’s folk dances are held including Garo, Boro, Hajpong, Bihu, Rabha and many others.
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Central Idea:
The article focus into Vidhu Vinod Chopra’s film, “12th Fail,” capturing the struggles of real-life IPS officer Manoj Kumar Sharma in the competitive UPSC examinations. It highlights the unexpected yet impactful body language of the lead actor, Vikrant Massey, and underscores the film’s exploration of conformity and authenticity in the civil services interview process.
Key Highlights:
- Portrayal of Manoj Kumar Sharma’s internal journey in the UPSC examinations.
- Emphasis on Vikrant Massey’s skill in conveying character emotions through body language.
- Crucial moments, including the character’s nervousness and a supportive letter from his girlfriend.
- Vidhu Vinod Chopra’s focus on the significance of staying honest and true to oneself in achieving success.
Key Challenges:
- Illustration of challenges faced by candidates in the competitive UPSC examination process.
- Pressure to conform to societal expectations during interviews.
- Realities of a low success rate and the potential absence of a happy ending for many candidates.
Key Terms:
- UPSC: Union Public Service Commission, responsible for civil service examinations in India.
- IPS: Indian Police Service.
- Body language: Non-verbal communication through gestures, postures, and facial expressions.
Key Phrases:
- “Internal journey”: Emphasizes the character’s emotional and psychological struggles.
- “Unfairness of the system”: Highlights challenges of conforming in the competitive examination process.
- “Without oxygen”: Metaphorically describes the character’s journey to success without significant support.
Key Quotes:
- “He has to win by not being himself, by not revealing too much of himself.”
- “When someone sees you for who you are, they also see you for who you want to be.”
- “The crucial thing about this film is to show that you can make it big while staying honest.”
Anecdotes:
- Manoj Kumar Sharma’s nervousness and struggle with formal attire on the day of the final interview.
- The pivotal moment when he reads a supportive letter from his girlfriend, providing strength to be true to himself.
Key Statements:
- “The real job, as is for most great acting, is internal.”
- “In a just society, the competitive UPSC process would be seen as cruel.”
Key Examples and References:
- Vikrant Massey’s portrayal of Manoj Kumar Sharma’s transformation through body language.
- Vidhu Vinod Chopra’s emphasis on honesty and integrity in the pursuit of success.
Critical Analysis:
The article critically examines societal pressures and challenges in the pursuit of government civil service jobs, advocating for authenticity in success.
Way Forward:
Encourages a shift in societal perspectives, promoting a more just and empathetic approach to the challenges faced by candidates in competitive exams, without sacrificing one’s true self.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Ramacharitmanas
Mains level: need to revisit the Ramacharitmanas in its entirety to comprehend Lord Rama in all dimensions
Central Idea:
The article explores the evolving perceptions of Lord Rama in Hindu society, with a focus on the transformation of the invocation “Jai Shri Ram” and the upcoming consecration of the Ram Janmabhoomi temple. It emphasizes the need to revisit the Ramacharitmanas in its entirety to comprehend Lord Rama in all dimensions, especially his compassionate and childlike aspects.
Key Highlights:
- Lord Rama, as depicted by Tulsidas in the Ramacharitmanas, is seen as divine and the upholder of maryada, connoting righteous conduct.
- The aggressive tone of the current popular invocation, “Jai Shri Ram,” emerged in 1990 during the Rath Yatra led by Lal Krishna Advani for the construction of the Ram temple.
- The construction of the Ram Janmabhoomi temple is widely welcomed, symbolizing a correction of historical wrongs and a call for Hindu assertiveness.
Key Challenges:
- The shift in the invocation from traditional greetings like “Ram Ram” to the more militant “Jai Shri Ram” reflects a change in social thinking, raising concerns about sharpness in Hindu thought.
- The article notes that the infant form of Lord Rama is rarely invoked, highlighting a departure from Tulsidas’s portrayal in the Ramacharitmanas.
Key Terms:
- Maryada: Connotes righteous conduct, context-specific.
- Rath Yatra: A procession advocating the construction of the Ram temple.
- Ramlalla Virajman: The deity representing Lord Rama in the Ayodhya case.
- Samadhi: A memorial, in this context, referring to Gandhi’s resting place at Rajghat.
Key Phrases:
- “Jai Shri Ram”: Evolved from the Rath Yatra in 1990, emphasizing a militant tone for the Ram Janmabhoomi temple.
- “He Ram”: Uttered by Gandhi at the time of his assassination, reflecting a deep connection to Lord Rama.
Key Quotes:
- “It is evocative that his samadhi at Rajghat carries these words.” – Referring to the words “He Ram” on Gandhi’s memorial.
- “Recognising the entire creation as full of Siya and Rama, I make obeisance to them with joined palms.” – Tulsidas’s perspective on Lord Rama and Sita.
Key Examples and References:
- Lal Krishna Advani’s Rath Yatra in 1990.
- D.V. Paluskar’s rendering of the bhajan “Thumak chalat Ramachandra.”
- Gandhi’s utterance of “He Ram” at the time of his assassination.
Key Facts and Data:
- Lord Rama is widely perceived in his warrior mode, especially during the celebration of Dussehra.
- The consecration of the Ram Janmabhoomi temple is scheduled for January 22, 2024.
Critical Analysis:
The article critically examines the changing invocation from traditional greetings to the militant “Jai Shri Ram,” expressing concerns about the sharpness in Hindu thinking. It reflects on the evolution of societal perceptions of Lord Rama, emphasizing the need to embrace the diverse dimensions portrayed in the Ramacharitmanas.
Way Forward:
- Encourage a broader understanding of Lord Rama by revisiting the Ramacharitmanas in its entirety.
- Emphasize the compassionate and childlike aspects of Lord Rama, especially in the context of the upcoming temple consecration.
- Reflect on Gandhi’s Rama bhakti as a guiding principle, promoting tolerance and compassion in the celebration of religious milestones.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Remission
Mains level: lack of transparency and unchecked discretion in the remission process
Central Idea:
The article discusses a recent Supreme Court decision regarding the remission of 11 convicts in the Bilkis Bano case. It highlights the court’s condemnation of illegalities and collusion between the petitioners and the Gujarat government. While celebrating the decision as a triumph for justice, the author also raises concerns about the lack of transparency and unchecked discretion in the remission process.
Key Highlights:
- The Supreme Court cancels remission orders for 11 convicts due to fraud and collusion with the Gujarat government.
- The decision is praised for upholding the rule of law and addressing the exceptional injustice faced by Bilkis Bano.
- The article acknowledges the inspiring resilience of Bilkis Bano and applauds women’s rights lawyers for their commitment.
Key Challenges:
- Lack of transparency in the formation and decision-making process of remission committees.
- Unchecked discretion and potential for arbitrary exercise of power in remission decisions.
- Concerns about non-application of mind and identical orders in the remission process, as seen in the Bilkis Bano case.
Key Terms:
- Remission: Reduction of sentence through earned days based on rehabilitation activities.
- Per incuriam: Declared as illegal due to a mistake or oversight.
- Retributive punishment: Focused on punishment rather than rehabilitation.
- Judicial review: Examination of a decision for legality and fairness.
- Usurpation of power: Unauthorized assumption of authority.
Key Phrases:
- “Injustice of exceptionalism”: Describes the grant of remission in the Bilkis Bano case as a unique and unjust situation.
- “Resilience that prevailed”: Commends Bilkis Bano’s enduring strength in the face of injustice.
- “Soothing balm”: Refers to the comfort provided by the Supreme Court’s firm decision.
- “Unchecked discretion”: Highlights the potential for arbitrary decision-making in remission cases.
Key Quotes:
- “Rule of law and equality before the law would be empty words if their violation is not a matter of judicial scrutiny.”
- “Remission is rooted in the logic that prisons are meant to be rehabilitative spaces.”
- “Justice Nagarathna’s words come as solace in light of the disturbing memory of the celebrations that followed the release of the 11 convicts.”
Key Examples and References:
- Bilkis Bano case: Illustrates the background of the Supreme Court decision and the injustices faced by the victim.
- Union of India vs V. Sriharan (2015): Reference to a Constitution Bench decision on the appropriate government for remission.
- Epuru Sudhakar vs State of Andhra Pradesh (2006): Supreme Court ruling on the judicial review of remission orders.
Key Facts and Data:
- Life convicts must serve a minimum of 14 years before applying for remission.
- Remission policies in some states deny opportunities based on crime categories.
- The Gujarat government’s remission orders for the 11 convicts were identical.
Critical Analysis:
The article raises concerns about the arbitrary exercise of power in remission decisions, citing the lack of transparency and identical orders in the Bilkis Bano case. It prompts a reflection on whether certain offenders should be ineligible for remission or if a focus on fair compliance with conditions is more appropriate.
Way Forward:
- Advocate for increased transparency in the formation and functioning of remission committees.
- Emphasize the importance of considering individual circumstances and compliance with remission conditions.
- Encourage a reevaluation of remission policies to avoid blanket denials based on crime categories.
- Address the issue of unchecked discretion to ensure a fair and rehabilitative approach in the remission process.
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