November 2024
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Uniform Civil Code: Triple Talaq debate, Polygamy issue, etc.

Feminist ideology in India’s constitutional discourse

Note4Students

From UPSC perspective, the following things are important :

Mains level: Constitutional Principles and Morality;

Why in the News?

Referring to the framers of India’s Constitution solely as “founding fathers” reflects patriarchal bias, overlooking the pivotal contributions of the “founding mothers” who co-authored its progressive vision like UCC (Uniform Civil Code).

What are the implications of the UCC for women’s rights in a diverse society?

  • Equality Across Personal Laws: The UCC aims to replace personal laws based on the scriptures and customs of each major religious community in India with a common set governing every citizen.
  • Legal Protection Against Patriarchal Religious Law: By establishing a uniform framework, the UCC could provide women with equal rights in matters traditionally dominated by patriarchal interpretations of religious laws.
  • Cultural Resistance: The implementation of the UCC faces resistance due to India’s diverse cultural landscape. Many communities view it as an infringement on their religious freedoms.

How does feminist constitutionalism challenge traditional interpretations of the Indian Constitution?

  • Challenging Patriarchal Narratives: Feminist constitutionalism critiques traditional interpretations that often marginalise women’s contributions and rights.
    • For example, while the Indian Constitution guarantees equality, its application has frequently been undermined by personal laws that perpetuate women’s subordination.
  • Reinterpreting Constitutional Provisions: Feminist legal theorists argue for a reinterpretation of constitutional provisions to ensure they align with contemporary understandings of gender equality.
  • Historical background of the Constitution: The historical context of the Constitution’s framing reveals that while women like Amrit Kaur and Hansa Mehta fought for equal rights, their efforts were often compromised by the need to secure broader political consensus.
    • For example, Hansa Mehta and Amrit Kaur strongly advocated for the inclusion of the UCC under the Fundamental Rights to ensure gender equality in personal laws.

5 women who helped draft the Constitution

What role does historical context play in shaping contemporary gender jurisprudence in India?

  • Legacy of Founding Mothers: The contributions of women in the Constituent Assembly have been historically overlooked, yet their advocacy for fundamental rights laid a foundation for future gender jurisprudence.
  • Impact on Contemporary Legislation: Historical struggles against patriarchal norms inform today’s feminist movements and legal battles. The ongoing discourse around the UCC is rooted in these historical contexts, highlighting both progress made and obstacles remaining in achieving true gender equality.
  • Intersectionality: The intersectional experiences of women from diverse backgrounds during the Constitution’s framing underscore the need for inclusive legal frameworks that address not only gender but also caste, class, and community-specific issues.

In what ways can feminist legal theory contribute to redefining concepts of justice and equality in India? (Way forward)

  • Redefining Justice and Equality: Feminist legal theory advocates for a broader understanding of justice that encompasses social, economic, and cultural dimensions rather than merely legalistic definitions. This perspective encourages policies that address systemic inequalities faced by women.
  • Promoting Inclusive Dialogue: By emphasizing women’s voices and experiences in legal discourses, feminist theory fosters inclusive dialogue about rights and justice, challenging dominant narratives that often exclude marginalized groups.
  • Encouraging Legislative Reforms: Feminist legal scholars push for legislative reforms that reflect an understanding of gender as a social construct influenced by cultural norms, thereby advocating for laws that protect women’s rights comprehensively across all spheres.

Mains PYQ:

Q Discuss the possible factors that inhibit India from enacting for its citizen a uniform civil code as provided for in the Directive Principles of State Policy. (UPSC IAS/2015)

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Minority Issues – SC, ST, Dalits, OBC, Reservations, etc.

Legal issues in Sambhal

Note4Students

From UPSC perspective, the following things are important :

Mains level: Population Issues; Religious challenges in India; Places of Worship Act, 1991;

Why in the News?

The petition in Sambhal is like those filed for Varanasi’s Gyanvapi Mosque and Mathura’s Shahi Idgah. The main issue is how the law – ‘Places of Worship Act, 1991’, is understood.

What were the causes of the strikes?

  • The district court in Sambhal ordered a survey of the Shahi Jama Masjid based on a plea claiming it was built on a Hindu temple site. This order led to protests from local Muslim residents who viewed it as an attack on their religious rights and heritage.
  • Protests escalated into violence when a large crowd gathered to oppose the survey. Reports indicate that protesters clashed with police, resulting in injuries and fatalities among both protesters and law enforcement officials.
  • The ongoing disputes over religious sites in India, particularly those involving claims of historical conversions, have heightened communal sensitivities.
  • Similar cases in Varanasi and Mathura have set precedents that contribute to public unrest when surveys or legal actions are perceived as threatening the status quo of religious sites.

What Does the Law Say About the Petitioners’ Claim?

  • Civil Suit Framework: The petitioners filed a civil suit seeking to establish their claim over the mosque site. In civil suits, initial claims are generally accepted at face value (prima facie), allowing for further evidence to be presented later if the suit is deemed maintainable.
  • Challenges Under Places of Worship Act: However, any claim that seeks to alter the religious character of a place of worship is barred under the Places of Worship Act, 1991.
    • This Act aims to maintain the status quo of religious sites as they existed on August 15, 1947.

What Does the Places of Worship Act, 1991 Say?

  • Preservation of Religious Character: The Act prohibits any conversion of places of worship and mandates that their religious character must remain as it was on August 15, 1947. Specifically, Section 3 bars any conversion in full or part into a place of worship of a different denomination or sect.
  • Legal Proceedings: Section 4 states that any legal proceedings regarding changes to a place’s religious character that existed on that date are abated (terminated), preventing new suits from being filed regarding such conversions.
  • Exemptions: Notably, the Act does not apply to disputes already sub-judice at its enactment, such as the Babri Masjid-Ram Janmabhoomi case, which has complicated its application in contemporary disputes.

How have Courts allowed these Title Suits?

  • Judicial Interpretations: Despite the provisions of the Places of Worship Act, courts have allowed title suits related to places like Gyanvapi and Mathura by ruling them maintainable. This has occurred even while constitutional challenges to the Act are pending before higher courts.
  • Supreme Court Observations: A significant observation by the Supreme Court indicated that while changing a place’s religious nature is prohibited under the Act, inquiries into its historical character may still be permissible. This interpretation has provided grounds for district courts to entertain such petitions without directly contravening the Act’s intent.
  • Sambhal Case Specifics: In Sambhal’s case, the court ordered a survey before determining whether the civil suit was maintainable. This ex-parte decision (made without hearing both sides) has led to further disputes regarding its legality and fairness.

Way forward: 

  • Strict Adherence to the Places of Worship Act: Courts must uphold the intent of the 1991 Act by ensuring that disputes challenging the religious character of sites as of August 15, 1947, are dismissed, avoiding unnecessary surveys or actions that could inflame communal tensions.
  • Fostering Interfaith Dialogue: Governments and local authorities should facilitate interfaith discussions to address historical grievances peacefully and promote mutual understanding, reducing the risk of violent clashes and fostering communal harmony.

Mains PYQ:

[2019] What are the challenges to our cultural practices in the name of Secularism?

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Higher Education – RUSA, NIRF, HEFA, etc.

[pib] Cabinet approves One Nation One Subscription (ONOS) Scheme

Note4Students

From UPSC perspective, the following things are important :

Prelims level: One Nation One Subscription (ONOS) Scheme

Why in the News?

The Union Cabinet has approved the “One Nation One Subscription (ONOS) scheme” aims to provide nationwide access to scholarly research articles and journals.

One Nation One Subscription (ONOS): Everything you need to know

About Fully digital and user-friendly Central Sector Scheme approved by the Union Cabinet.
Aims and Objectives Provide unified access to scholarly journals and research articles for government HEIs and R&D labs.
• Support research through the Anusandhan National Research Foundation (ANRF) and other government initiatives, particularly in tier 2 and tier 3 cities.
Centralize subscriptions to reduce the financial burden on individual institutions.
• Align with Viksit Bharat@2047, National Education Policy (NEP) 2020, and National Research Foundation (NRF).
Structural Mandate Information and Library Network (INFLIBNET), an autonomous inter-university center under UGC, will coordinate ONOS and ensure seamless access to research materials.
6,300 institutions under central and state government management, including universities, colleges, and R&D labs.
• A dedicated digital portal for easy access, designed for wide accessibility.
Provisions and Eligibility Criteria All government-run HEIs and R&D institutions are eligible.
13,000 journals from 30 international publishers are available free of cost.
₹6,000 crore allocated for 2025-2027; payments to publishers made centrally by INFLIBNET.

 

PYQ:

[2013] To obtain full benefits of demographic dividend, what should India do?

(a) Promoting skill development

(b) Introducing more social security schemes

(c) Reducing infant mortality rate

(d) Privatization of higher education

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Festivals, Dances, Theatre, Literature, Art in News

[pib] Zonal Cultural Centres (ZCCs)

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Zonal Cultural Centres (ZCCs)

Why in the News?

The Union Minister for Culture and Tourism has provided information about the Zonal Cultural Centres (ZCCs) in Lok Sabha.

About Zonal Cultural Centres (ZCCs):

About • Set up by the Ministry of Culture to promote and preserve cultural heritage.
Established in 1985, with operations beginning in 1986-87.
Seven ZCCs located in Patiala, Nagpur, Udaipur, Prayagraj, Kolkata, Dimapur, and Thanjavur.
Aims and Objectives • Preserving and promoting regional folk, tribal, and traditional arts.
• Enhancing and celebrating India’s cultural diversity.
• Encouraging folk & tribal arts and promoting cultural education.
• Involving youth in creative cultural programs.
• Strengthening linkages between different regions of India to showcase their contribution to Indian culture.
Implementation and Structural Mandate • Government allocated Rs. 10 crore to each ZCC during the 7th and 10th Plans.
Free land provided by state governments for ZCC headquarters.
• Organizes Rashtriya Sanskriti Mahotsav (RSM) and regional festivals to promote cultural engagement.
42 regional festivals organized annually, 14 RSMs since 2015.
Significance Strengthens cultural unity across India and preserves regional cultures.
Provides platforms for youth to engage in cultural activities.
Promotes national integration through events bringing together artists from different regions.
Contributes to economic development through tourism and employment.

 

PYQ:

[2013] Which of the following bodies is/are not mentioned in the Indian Constitution?

1. National Development Council

2. Planning Commission

3. Zonal Councils

Select the correct answer using the codes given below:

(a) 1 and 2 only

(b) 2 only

(c) 1 and 3 only

(d) 1, 2 and 3

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Gravitational Wave Observations

Major Atmospheric Cherenkov Experiment (MACE) Telescope

Note4Students

From UPSC perspective, the following things are important :

Prelims level: MACE Telescope

Why in the News?

The Major Atmospheric Cherenkov Experiment (MACE) telescope was inaugurated on October 4th in Hanle, Ladakh.

About MACE Telescope:

Details
Details and Working World’s highest imaging Cherenkov telescope, located in Hanle, Ladakh, at 4.3 km above sea level.
• It has a 21-meter-wide mirror-dish, the largest in Asia.
Developed by Bhabha Atomic Research Centre (BARC), Tata Institute of Fundamental Research (TIFR), Electronics Corporation of India Ltd. (ECIL), and Indian Institute of Astrophysics (IIA).
Cherenkov radiation is captured using mirrors and analyzed with photomultiplier tubes (PMTs). Cherenkov radiation is the blue glow emitted when charged particles travel faster than light in a medium.
• Equipped with a high-resolution camera and movable base.
Aims and Objectives of MACE Detects high-energy gamma rays (greater than 20 giga-electron volts) emitted by cosmic phenomena.
Detect Weakly Interacting Massive Particles (WIMPs) for dark matter research.
Contribute to multi-messenger astronomy by complementing data from other telescopes.
How Do Gamma Rays Work in DNA Mutation? Cause ionization, which can break chemical bonds in DNA, leading to mutations.
Mutations may result in cancers or genetic disorders if not repaired.
DNA damage from gamma rays can lead to chromosomal aberrations and contribute to carcinogenesis.

 

PYQ:

[2015] In the context of modern scientific research, consider the following statements about ‘IceCube’, a particle detector located at South Pole, which was recently in the news:

  1. It is the world’s largest neutrino detector, encompassing a cubic kilometre of ice.
  2. It is a powerful telescope to search for dark matter.
  3. It is buried deep in the ice.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 and 3 only

(c) 1 and 3 only

(d) 1, 2 and 3

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Modern Indian History-Events and Personalities

On this day over 500 years ago, the Portuguese conquered Goa

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Portuguese rule and liberation of Goa

Why in the News?

  • On November 25, the Portuguese conquered Goa, establishing first territorial possession in India by any colonists.
    • This marked the beginning of Portugal’s 400-year colonial rule in the region, which ended only in 1961, making them the last colonial power to leave India.

On this day over 500 years ago, the Portuguese conquered Goa

Why the Portuguese came to Goa?

  • Vasco da Gama’s voyage in 1498 revealed the thriving trade networks in the Indian Ocean.
  • The Portuguese aimed to capitalize on the wealth from the Indian Ocean trade routes.
  • Rivalry with Muslim-controlled trade routes prompted the Portuguese to establish a military presence in the region.
    • In 1505, the Portuguese State of India was formally established, six years after Vasco da Gama’s arrival.
  • Francisco de Almeida, the first Viceroy, set up the first base in Fort Manuel (now part of Kochi).
    • The Portuguese controlled the Island of Bom Bahia (later Bombay) until it was ceded to England in 1661.

How Alfonso de Albuquerque conquered Goa?

  • Albuquerque (Viceroy, 1509-1515) understood that Goa was essential for controlling the maritime trade routes in the East.
  • The decision to attack Goa was influenced by Timmayya, a debated figure, either a Malabari pirate or an aristocrat with links to the Vijayanagara Empire.
  • Albuquerque’s first attack on Goa (February-March 1510) was largely successful due to the unpopularity of Sultan Yusuf Adil Shah’s rule among Goa’s Hindu population.
    • Many locals supported the Portuguese against the Sultan’s rule.
  • After being stranded on the Mandovi River during the monsoon season, Albuquerque received reinforcements from Portugal.
  • In November 1510, with reinforcements, Albuquerque launched a successful attack and retook Goa.

Who Was Timmayya?

  • Timmayya, a key figure in the conquest of Goa, is described in various sources as a pirate from Malabar.
    • However, other historians argue that he was of noble birth and held a prestigious position in the Vijayanagara Empire.
    • According to historians, Timmayya was actually a high-ranking admiral in the Vijayanagara navy.
  • Though the Portuguese regarded him as a corsair or pirate, he was in fact executing orders from the Vijayanagara Empire, attacking Portuguese and rival merchant ships on his empire’s behalf.
  • While some historians argue that Timmayya’s counsel was pivotal in the timing of the attack on Goa, others suggest that Albuquerque may have already planned the assault, with Timmayya’s advice simply solidifying the decision.

Why did Timmayya want Goa conquered?

  • The rulers of the Vijayanagara Empire had long eyed Goa after it was lost to the Sultan of Bijapur.
  • Timmayya’s personal motivations were likely shaped by the empire’s strategic interest in regaining control of the region, as Goa was seen as a valuable territory in both military and economic terms.

 

PYQ:

[2021] Consider the following statements:​

1. It was during the reign of Iltutmish that Chengiz Khan reached the Indus in pursuit of the fugitive Khwarezm prince.

2. It was during the reign of Muhammad-bin-Tughluq that Taimur occupied Multan and crossed the Indus.​

3. It was during the reign of Deva Raya II of Vijayanagara Empire that Vasco da Gama reached the coast of Kerala.​

Which of the statements given above is/are correct?​

(a) 1 only ​

(b) 1 and 2 only ​

(c) 3 only​

(d) 2 and 3 only

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Women Safety Issues – Marital Rape, Domestic Violence, Swadhar, Nirbhaya Fund, etc.

[pib] #AbKoiBahanaNahi Campaign

Note4Students

From UPSC perspective, the following things are important :

Prelims level: AbKoiBahanaNahi Campaign

Why in the News?

The #AbKoiBahanaNahi national campaign was launched in New Delhi to empower women and end gender-based violence.

About the #AbKoiBahanaNahi Campaign:

About Launched By:
– Ministries of Women and Child Development
– Ministries of Rural Development
– Support from UN Women
Aims and Objectives End Gender-Based Violence: Create awareness and urgency to end violence against women and girls across India.
Dignity and Equality: Promote women’s dignity by empowering them to report violence and fight for their rights.
Gender Equality in Economy: Ensure full, equal participation of women in all sectors for building a developed India (Viksit Bharat).
Implementation and Structural Mandate National Call to Action: urging all stakeholders—citizens, NGOs, and government agencies—to actively work towards ending gender-based violence.
Alignment with Global Campaigns: The campaign aligns with the UN’s #NoExcuse global initiative, which calls for accountability and action against rising violence.
Supportive Interventions: Government measures to reduce women’s drudgery, ensure financial inclusion, bridge the gender digital divide, and provide safe spaces for women.
Significance Empowerment for Dignity: The campaign empowers women to fight for their dignity, free from societal constraints.
Women’s Role in National Development: Reinforces that achieving gender equality is crucial for India’s development by 2047.
Support to Women’s Rights: Promotes a holistic approach to women’s rights, ensuring gender-sensitive laws, healthcare, education, and economic opportunities.

PYQ:

[2010] Two of the schemes launched by the Government of India for Women’s development are Swadhar and Swayam Siddha. As regards the difference between them, consider the following statements:

1. Swayam Siddha is meant for those in difficult circumstances such as women survivors of natural disasters or terrorism, women prisoners released from jails, mentally challenged women etc., whereas Swadhar is meant for holistic empowerment of women through Self Help Groups.

2. Swayam Siddha is implemented through Local Self-Government bodies or reputed Voluntary Organizations whereas Swadhar is implemented through the ICDS units set up in the states.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

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