1.

NGOs and Development/ Crackdown on NGOs

Context:

The Union Home Ministry (MHA) said that recently, it has refused to renew the FCRA registration of
Missionaries of Charity (MoC), a Catholic religious congregation set up by Nobel laureate Mother
Teresa, as “some adverse inputs were noticed.”

The Union Ministry of Home Affairs (MHA) has cancelled the Foreign Contribution (Regulation) Act
(FCRA), 2010 registration of various non-governmental organisations (NGOs).

In 2020, the licences of 13 non-governmental organisations (NGOs) have been suspended under the
Foreign Contribution (Regulation) Act (FCRA), 2010, this year. Their FCRA certificates were suspended
and bank accounts frozen.

Suspension of FCRA license means that the NGO can no longer receive fresh foreign funds from
donors pending a probe by the Home Ministry.

What is the FCRA?

1. The Foreign Contribution (Regulation) Act, 2010 regulates foreign donations and ensures
that such contributions do not adversely affect internal security.

2. First enacted in 1976, it was amended in 2010 when a slew of new measures were adopted
to regulate foreign donations.

3. The FCRA is applicable to all associations, groups and NGOs which intend to receive foreign
donations.

4. It is mandatory for all such NGOs to register under the FCRA, initially valid for five years that
can be renewed subsequently if it complies with all norms.

5. Registered associations can receive foreign contribution for social, educational, religious,
economic and cultural purposes.

6. Filing of annual returns, on the lines of Income Tax, is compulsory. In 2015, the MHA notified
new rules, which required NGOs to give an undertaking that the acceptance of foreign funds
 is not likely to prejudicially affect the sovereignty and integrity of India or impact friendly
relations with any foreign state and does not disrupt communal harmony.

7. It also said all such NGOs would have to operate accounts in either nationalised or private
banks which have core banking facilities to allow security agencies access on a real time
basis.

Who cannot receive foreign donations?

1. Members of legislature, political parties, government officials, judges, media persons are
prohibited from receiving any foreign contribution.

2. However, in 2017, the MHA through the Finance Bill route amended the 1976 repealed FCRA
law paving the way for political parties to receive funds from the Indian subsidiary of a
foreign company or a foreign company where an Indian holds 50% or more shares.

3. The Association of Democratic Reforms (ADR), a public advocacy group, had filed a PIL
(public interest litigation) at the Delhi High Court in 2013 against both major political
parties for violating FCRA norms by accepting foreign funds.

4. Both political parties challenged a Delhi HC order, which had termed the donations illegal in
2014, and moved the Supreme Court. They withdrew the petitions from the apex court after
the FCRA was amended retrospectively.

5. In 2017, the MHA suspended the FCRA of Public Health Foundation of India (PHFI), one of
India’s largest public health advocacy groups, on grounds of using ‘foreign funds’ to lobby
with parliamentarians on tobacco control activities.

6. After several representations by the PHFI to the government, it was placed under the ‘prior
permission’ category.

Foreign Contribution Regulation (Amendment), Act 2020:

1. Under the Act, foreign contribution cannot be transferred to any other person unless such
person is also registered for that purpose.

2. The amendment also forbids sub-granting by NGOs to smaller NGOs who work at the
grassroots.

3. The act states that foreign contributions must be received only in an FCRA account opened in
the State Bank of India, New Delhi Branch. No funds other than the foreign contribution
should be received or deposited in this account.

4. Aadhar usage: The act makes it compulsory for all trustees to register their Aadhaar card
with the FCRA account.

5. The Act also makes Aadhaar a mandatory identification document. It is for all the office
bearers, directors, and other key functionaries of an NGO.

6. Restriction in utilisation of foreign contribution: The act gives government powers to stop
utilization of foreign funds by an organization through a “summary enquiry”.
 7. Reduction in use of foreign contribution for administrative purposes: The act decreases
administrative expenses through foreign funds by an organization to 20% from 50% earlier.

8. Surrender of certificate: The act allows the central government to permit a person to
surrender their registration certificate.

When is a registration suspended or cancelled?

The MHA on inspection of accounts and upon receiving any adverse input against the functioning of
an association can suspend the FCRA registration initially for a period of 180 days.

Till the time any decision is taken, the association cannot receive any fresh donation and cannot
utilise more than 25% of the amount available in the designated bank account without permission of
the MHA.

The MHA can cancel the registration of an organisation which will not be eligible for registration or
grant of ‘prior permission’ for three years from the date of cancellation.

According to MHA data, since 2011 when the Act was overhauled, the registration of 20,664
associations were cancelled for violations such as misutilisation of foreign contribution, non-
submission of mandatory annual returns and for diverting foreign funds for other purposes.

As of December 29, there are 22,762 FCRA-registered NGOs.

What about international donors?

The government has also cracked down on foreign donors such as the U.S.-based Compassion
International, Ford Foundation, World Movement for Democracy, Open Society Foundations and the
National Endowment for Democracy.

The donors have been placed on a ‘watch list’ or in the ‘prior permission’ category, barring them
from sending money to associations without the MHA’s clearance.

Critical arguments:

1. Civil society supplements government works and works at the grass-roots level.

2. They should be given due freedom and autonomy to support the needs of communities and
provide relief during the COVID-19 pandemic.

3. If the Government has ample evidence to prove that Indians are better off without the work
of these internationally renowned organisations, then it has yet to show it.

4. It is time the Government gives a more transparent account of its actions against NGOs,
which at present appear to mirror those in China and Russia which have used their NGO laws
to shut down dissent and criticism.

5. The actions in India over “foreign hand” concerns seem more hypocritical given the relative
ease with which political parties are able to access foreign funds for their campaigns through
electoral bonds, under the same FCRA that seeks to restrict funds to NGOs.
Conclusion:

At a time when India is facing the crippling effects of the COVID-19 pandemic and a long-term
economic crisis, the Government’s moves that have resulted in an estimated 30% drop in
international non-profit contributions, only hurt the poorest and most vulnerable recipients of
philanthropic efforts, particularly those by NGOs working in areas where government aid fails to
reach.

Therefore, many experts argued that excessive regulation on foreign contribution may affect
working of the NGOs which are helpful in implementing government schemes at the grassroots. They
fill the gaps, where the government fails to do their jobs.

The regulation should not hamper sharing of resources across national boundaries essential to the
functioning of a global community, and should not be discouraged unless there is reason to believe
the funds are being used to aid illegal activities.

2. Dalit assertion and Politics of reservation

ntroduction

▪ The age-old caste system of India is responsible for the origination of the reservation system
in the country.

▪ In simple terms, it is about facilitating access to seats in the government jobs, educational
institutions, and even legislatures to certain sections of the population.

▪ These sections have faced historical injustice due to their caste identity.

▪ As a quota based affirmative action, the reservation can also be seen as positive
discrimination.

▪ In India, it is governed by government policies backed by the Indian Constitution.

Historical Background

▪ William Hunter and Jyotirao Phule in 1882 originally conceived the idea of caste-based
reservation system.

▪ The reservation system that exists today, in its true sense, was introduced in 1933 when
British Prime-Minister Ramsay Macdonald presented the ‘Communal Award’.

▪ The award made provision for separate electorates for Muslims, Sikhs, Indian Christians,
Anglo-Indians, Europeans and the Dalits.

▪ After long negotiations, Gandhi and Ambedkar signed the ‘Poona Pact’, where it was decided
that there would be a single Hindu electorate with certain reservations in it.

▪ After independence, initially reservations were provided only for SCs and STs.

▪ OBCs were included in the ambit of reservation in 1991 on the recommendations of

the Mandal Commission.

Mandal Commission
 ▪ In exercise of the powers conferred by Article 340 of the Constitution, the President
appointed a backward class commission in December 1978 under the chairmanship of B. P.
Mandal.

▪ The commission was formed to determine the criteria for defining India’s “socially and
educationally backward classes” and to recommend steps to be taken for the advancement
of those classes.

▪ The Mandal Commission concluded that India’s population consisted of approximately 52

percent OBCs, therefore 27% government jobs should be reserved for them.

▪ The commission has developed eleven indicators of social, educational, and economic
backwardness.

▪ Apart from identifying backward classes among Hindus, the Commission has also
identified backward classes among non-Hindus (e.g., Muslims, Sikhs, Christians, and
Buddhists.

▪ It has generated an all-India other backward classes (OBC) list of 3,743 castes and a more
underprivileged “depressed backward classes” list of 2,108 castes.

▪ In the Indra Sawhney Case of 1992, the Supreme Court while upholding the 27 percent
quota for backward classes,struck down the government notification reserving 10%
government jobs for economically backward classes among the higher castes.

▪ Supreme Court in the same case also upheld the principle that the combined reservation
beneficiaries should not exceed 50 percent of India’s population.

▪ The concept of ‘creamy layer’ also gained currency through this judgment and provision that
reservation for backward classes should be confined to initial appointments only and not
extend to promotions.

▪ Recently, the Constitutional (103rd Amendment) Act of 2019 has provided 10% reservation in
government jobs and educational institutions for the “economically backward” in the
unreserved category.

▪ The Act amends Articles 15 and 16 of the Constitution by adding clauses empowering the
government to provide reservation on the basis of economic backwardness.

▪ This 10% economic reservation is over and above the 50% reservation cap.

Constitutional Provisions Governing Reservation in India

▪ Part XVI deals with reservation of SC and ST in Central and State legislatures.

▪ Article 15(4) and 16(4) of the Constitution enabled the State and Central Governments to
reserve seats in government services for the members of the SC and ST.

▪ The Constitution was amended by the Constitution (77th Amendment) Act, 1995 and a
new clause (4A) was inserted in Article 16 to enable the government to provide reservation
in promotion.

▪ Later, clause (4A) was modified by the Constitution (85th Amendment) Act, 2001 to provide
consequential seniority to SC and ST candidates promoted by giving reservation.
 ▪ Constitutional 81st Amendment Act, 2000 inserted Article 16 (4 B) which enables the state to
fill the unfilled vacancies of a year which are reserved for SCs/STs in the succeeding year,
thereby nullifying the ceiling of fifty percent reservation on total number of vacancies of
that year.

▪ Article 330 and 332 provides for specific representation through reservation of seats for SCs
and STs in the Parliament and in the State Legislative Assemblies respectively.

▪ Article 243D provides reservation of seats for SCs and STs in every Panchayat.

▪ Article 233T provides reservation of seats for SCs and STs in every Municipality.

▪ Article 335 of the constitution says that the claims of STs and STs shall be taken into
consideration constituently with the maintenance of efficacy of the administration.

Judicial Scrutiny of Reservation

▪ The State of Madras v. Smt.Champakam Dorairajan (1951) case was the first major verdict
of the Supreme Court on the issue of Reservation.The case led to the First amendment in the
constitution.

▪ The Supreme Court in the case pointed out that while in the case of employment under the
State, Article 16(4) provides for reservations in favour of backward class of citizens, no such
provision was made in Article 15.

▪ Pursuant to the Supreme Court’s order in the case the Parliament amended Article 15 by
inserting Clause (4).

▪ In Indra Sawhney v. Union of India (1992) case the court examined the scope and extent of
Article 16(4).

▪ The Court has said that the creamy layer of OBCs should be excluded from the list of
beneficiaries of reservation, there should not be reservation in promotions; and total
reserved quota should not exceed 50%.

▪ The Parliament responded by enacting 77th Constitutional Amendment Act which

introduced Article 16(4A).

▪ The article confers power on the state to reserve seats in favour of SC and ST in promotions
in Public Services if the communities are not adequately represented in public employment.

▪ The Supreme Court in M. Nagaraj v. Union Of India 2006 case while upholding the
constitutional validity of Art 16(4A) held that any such reservation policy in order to be
constitutionally valid shall satisfy the following three constitutional requirements:

o The SC and ST community should be socially and educationally backward.

o The SC and ST communities are not adequately represented in Public employment.

o Such reservation policy shall not affect the overall efficiency in the administration.

▪ In Jarnail Singh vs Lachhmi Narain Gupta case of 2018, Supreme Court holds that
reservation in promotions does not require the state to collect quantifiable data on the
backwardness of the Scheduled Castes and the Scheduled Tribes.
 ▪ The Court held that creamy layer exclusion extends to SC/STs and, hence the State cannot
grant reservations in promotion to SC/ST individuals who belong to the creamy layer of their
community.

▪ In May 2019 the Supreme Court upheld the Karnataka law that allows reservations in
promotions for SCs and STs with consequential seniority.

Why reservation needed?

▪ To correct the historical injustice faced by backward castes in the country.

▪ To provide a level playing field for backward section as they can not compete with those
who have had the access of resources and means for centuries.

▪ To ensure adequate representation of backward classes in the services under the State.

▪ For advancement of backward classes.

▪ To ensure equality as basis of meritocracy i.e all people must be brought to the same level
before judging them on the basis of merit.

Argument Against Reservation

▪ Reservation in state services led to divisions and enmity among government employees,
vitiating the atmosphere at workplace.

▪ Eradication, not perpetuation of caste was the objective of the reservation policy but Caste
Based Reservation only perpetuate the notion of caste in society.

▪ Reservation was introduced to ensure that the historically underprivileged communities

were given equal access to resources but irrespective of the economic progress
they continue to remain socially disadvantaged.

▪ Reservation destroys self-respect, so much so that competition is no longer on to determine

the best but the most backward.

▪ Reservations are the biggest enemy of meritocracy which is the foundation of many
progressive countries.

▪ It has became a tool to meet narrow political ends through invoking class loyalties and
primordial identities.

▪ The dominant and elite class within the backward castes has appropriated the benefits of
reservation and the most marginalised within the backward castes have remained
marginalised.

▪ Reservation has become the mechanism of exclusion rather than inclusion as many upper
caste poors are also facing discrimination and injustice which breeds frustration in the
society.

Reasons Behind Increasing Demands of Reservation

▪ Reservation is increasingly seen as a remedy for the adverse effects of ill-thought out
development policies.
 ▪ In developed states like Haryana, Gujarat and Maharashtra, in spite of their economies being
relatively better, three things have been worrying the people:

o Acute agrarian distress,

o Stagnation in employment growth and

o Distortions in the development trajectory.

▪ In this backdrop, for governments, it is easier to talk of reservation than to make a course
correction.

▪ Increasing reservation demands among upper castes also arising from the fear of losing
privilege and the inability to cope with change

▪ Upper castes have begun to feel disadvantaged especially in context of government jobs as
they don’t get similar advantages like backward classes.

Suggestion

▪ The reservation benefits should flow to the vast majority of underprivileged children from
deprived castes; not to a few privileged children with a caste tag.

▪ High ranks officials families, high income professionals and others above a certain income
should not get the reservation benefits especially in government jobs.

▪ Fair and practical ways to help needy person from each community through reservation is
possible and necessary.

▪ The process of reservation should filter the truly economically deprived individuals and
bring them all to justice

▪ Revolutionary changes in the education system at the grass-roots level is need of the hour.

▪ There is also need for awareness generation because while the unreserved segments, keep
on opposing the provision, the neediest sections from within the reserved segments are
hardly aware about how to get benefited from the provision or even whether there are such
provisions exists.

▪ The radical solutions like excluding the entire creamy layer among all castes from reservation
and developing their capabilities instead of offering them reservation for admission to higher
education or jobs on a platter.

Way Forward

▪ Reservation is fair, as far as it provides appropriate positive discrimination for the benefit of
the downtrodden and economically backward Sections of the society.

▪ But when it tends to harm the society and ensures privileges to some at the cost of others
for narrow political ends, it should be done away with, as soon as possible.

▪ The communities excluded from reservations harbour animosity and prejudice against the
castes included in the reservation category.
 ▪ When more people aspire for backwardness rather than of forwardness, the country itself
stagnates.

▪ Meritocracy should not be polluted by injecting relaxation of entry barriers, rather than it
should be encouraged by offering financial aid to the underprivileged.

▪ A strong political will is indispensable to find an equilibrium between justice to the

backwards, equity for the forwards and efficiency for the entire system.

3. Restriction on the entry of women in places of worship

SC Allows Women Entry into Sabarimala Temple | 29 Sep 2018 In a 4:1 judgment, 5-membered
constitution bench of Supreme Court, in Indian Young Lawyers Association vs. the State of Kerala, has
allowed women of all ages to worship in Sabarimala Temple. In its judgment, SC stated that 'devotion
cannot be subjected to gender discrimination'. Chief Justice Dipak Misra, Justice RF Nariman, Justice
AM Khanwilkar and Justice DY Chandrachud constituted the majority, while the lone woman judge on
the Bench, Justice Indu Malhotra dissented. The petitions had challenged the Constitutional validity
of Rule 3(b) of the Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules, 1965, which
restricts the entry of women into the Sabarimala Temple as being ultra-vires Section 3 of the Kerala
Hindu Places of Public Worship (Authorisation of Entry) Act, 1965 which states that places of public
worship are to be open to all sections and classes of Hindus. Sabarimala Temple Issue Located in the
forests of the Western Ghats in Kerala’s Pathanamthitta district, the hill shrine is dedicated to Lord
Ayyappa and is managed by the Travancore Devaswom Board (TDB). The Sabarimala temple prohibits
women aged between 10 and 50 years from entering the shrine. It is said that its deity, Lord
Ayyappa, is a “Naisthik Brahmachari” and that allowing young women to enter the temple would
affect the idol’s “celibacy” and “austerity”. The Travancore Devaswom Board has said that the
prohibition on women of menstruating age from entering the temple is a part of 'essential religious
practice' of Lord Ayappa devotees. The petitioners have argued that the ban enforced on
menstruating women from entering the Sabarimala shrine does not constitute a core foundation of
the religion. Preventing women’s entry to the temple with an irrational and obsolete notion of
“purity” offends the equality clauses in the Constitution. It takes away the woman’s right against
discrimination guaranteed under Article 15(1) of the Constitution. It also curtails the religious
freedom assured by Article 25(1). In 1991, Kerala High Court upheld the prohibition on young women
entry in Sabarimala Shrine. The High Court had pointed out that the ‘Naisthik Brahmachari’ nature of
the deity was “a vital reason for imposing this restriction on young women”. SC judgment Majority
Judgement SC has ruled that Rule 3(b) is ultra-vires the Constitution, Section 3 of the Kerala Hindu
Places of Public Worship (Authorisation of Entry) Act, 1965 as well as Section 4 of the 1965 Act which
says that the regulations/rules made under this act shall not discriminate, in any manner whatsoever,
against any Hindu on the ground that he/she belongs to a particular section or class. Supreme Court
condemned the prohibition as "hegemonic patriarchy" (hegemonic patriarchy means that patriarchy
has become such an over-arching idea that discrimination based on it appears to be common sense
to such an extent that not only men, even women become the supporter and perpetrator of the very
notion which discriminates them). It said that exclusion on grounds of biological and physiological
features like menstruation was unconstitutional. It amounted to discrimination based on a biological
factor exclusive to gender. It was violative of the right to equality and dignity of women. SC said that
prohibition founded on the notion that menstruating women are "polluted and impure" is a form of
untouchability and the notions of purity and pollution stigmatized women. SC also held that Ayyappa
devotees do not form a separate denomination just because of their devotion to Lord Ayyappa, but it
is only a part of Hindu worship. SC overturned the 1951 judgment of Bombay High Court in the State
of Bombay versus Narasu Appa Mali which held that the personal law is not 'law' or 'law in force'
under Article 13 and held that immunising customs takes away the primacy of the constitution.
4/16/23, 4:20 PM https://www.drishtiias.com/daily-updates/daily-news-analysis/sc-allows-women-
entry-into-sabarimala-temple/print_manually https://www.drishtiias.com/daily-updates/daily-news-
analysis/sc-allows-women-entry-into-sabarimala-temple/print_manually 2/2 No customs or usages
can claim supremacy over the Constitution and its vision of ensuring the sanctity of dignity, liberty,
and equality and customs and personal law have a significant impact on the civil status of individuals.
Dissent Opinion Justice Indu Malhotra dissented from the majority opinion and held that notions of
rationality cannot be invoked in matters of religion by courts. She held the determination of what
constituted an essential practice in a religion should not be decided by judges on the basis of their
personal viewpoints. Essentiality of a religious practice or custom had to be decided within the
religion and it is a matter of personal faith. Justice Malhotra observed that the freedom to practice
their beliefs was enshrined in Article 25 of the Constitution. Harmonisation of fundamental rights
with religion included providing freedom for diverse sects to practice their customs and beliefs.

4. Should India spend more on science or Social welfare?

India needs to invest more in scientific research as the country lags behind burgeoning economies
like China in catalysing research and development, K Dinesh, President of Infosys Science Foundation
(ISF), said.

The focus on maximising job prospects over inculcating the spirit of curiosity among students has led
to the development of an educational system that is not been conducive for scientific research,
Dinesh said.

"Research foundations in India have been slow to adopt practices that have shown to be extremely
effective in other countries, leading to a stagnation of knowledge formation," he told PTI.

However, he pointed out funding as the largest roadblock for the growth of scientific research in
India.

"Annually, government budgets have assigned limited importance to research in the country, leading
to organisations depending on external funding, which too has been limited in nature," he said.

Dinesh noted that with education gaining precedence over research, there is a clear difference in
thinking that must be changed in order for science research to flourish.

According to UNESCO Institute of Statistics data, there are only 156 researchers per million
inhabitants in India and currently, the country spends 0.8 per cent of GDP in research and
development (R&D) compared to countries like Israel and South Korea who spend 4.2 per cent and
4.3 per cent respectively of their GDP on R&D.

While China spends two per cent of its GDP on their R&D, US spends 2.7 per cent of their GDP on
R&D, the data shows.

"As research tends to focus on long-term gain as opposed to visible changes in the present, the
country's burgeoning economy has been reluctant to invest in science research," he said.
"Thus, it has fallen on private players to catalyse this space and champion research in the country,"
he said.

He said that initiatives like those of the Wadhwani Foundation for AI research and the Council of
Scientific & Industrial Research's (CSIR) constant efforts to progress the growth of R&D in India
represent some of the first steps that have been taken to address these issues.

In order to increase interest in science as a subject among students, ISF has introduced multiple
initiatives over the years to create programmes that enable youngsters to compete with the best in
the world in the field of science, technology and mathematics, Dinesh said.

The foundation has instituted the Infosys Prize which draws people's attention towards the winners'
work through articles.

In a span of nine years, the Infosys Prize has recognised and awarded 56 researchers and scientists
for their outstanding contribution to their fields of expertise.

"We engage with them regularly and host public lectures across the country with an aim to promote
scientific understanding among students and to show them a path to research as a career. Only when
we do this, can an appetite for scientific work be sustained," said Dinesh.

He said a new initiative taken by ISF this year is the partnership with the New York Academy of
Sciences to host a virtual challenge on malnutrition in India.

"Around 3,000 students between 13-18 years of age have signed up to use their STEM skills to
present solutions to this social blight in India. We want children to see that scientific thinking can be
applied outside laboratories to solve problems in the social domain," said Dinesh.

The ISF Prize started at Rs 50 lakhs and rose to Rs 65 lakhs last year.

"This year we plan to announce the prize at USD 100,000. Winners in India will get the equivalent
amount in rupees," said Dinesh.

Awarded across six categories, the prize honours scholars who have made outstanding contributions
-- fundamental or applied -- in the fields of Engineering and Computer Sciences, Humanities, Life
Sciences, Mathematical Sciences, Physical Sciences and Social Sciences.

5. Supreme Court judgement on Caste, Religion in Polls

Exit poll results for Assembly Elections in five poll-bound states are out—the official results are due in
the second week of March. The polls predict a spectacular win for the Bharatiya Janata Party (BJP) in
Uttar Pradesh and Manipur. In Punjab, the Aam Aadmi Party is expected to sweep the stakes. In Goa
and Uttarakhand, the results indicate a tight race to the bottom between the Congress and the BJP.

Regardless of which state elections are being contested in, elections in India are marked by
extraordinary polarisation, with caste and communal considerations playing a key role in shaping
electoral politics.

The Supreme Court, in addition to deciding cases involving the criminalisation of politics, has
deliberated over whether political candidates can make appeals to electors on the grounds of caste,
community, and language. How has the Court engaged with the question of communalism in
elections—and have these rulings changed the reality of Indian elections on the ground?
The Court’s Verdict: Limiting Identity in Indian Politics

Section 123(3) of the Representation of the People Act, 1951 (RP Act) forbids candidates, amidst
other political agents, from soliciting votes or asking electors to vote (or not) for any candidate on
the grounds of ‘his’ religion, caste, race, community or language. This is known as a ‘corrupt
practice’—candidates offending this provision are disqualified from contesting elections and may be
subject to criminal sanctions.

Over the years, the Supreme Court has gradually broadened the ambit of Section 123(3) of the RP
Act, emphasising the need to preserve a secular ethos in electoral processes.

One of the first cases decided by the Court on the basis of this provision was Jagdev Singh Sidhanti v
Pratak Singh Daulta in 1964. Set against the backdrop of the Hindi agitation in Punjab and in what
was then known as ‘Hariana’, the issue at stake was whether a candidate could appeal to the
electorate on grounds ‘personal to the candidate relating to his language’. The Court held that this
was prohibited under the RP Act. However, candidates were allowed to make statements supporting
the conservation of a language. The Court thus adopted a narrow interpretation of Section 123(3) of
the RP Act.

Decided merely a few months after Jagdev Singh, the Court in Kultar Singh v Mukhtiar Singh, 1965,
emphasised that Section 123(3) was meant to preserve the sanctity of the democratic process,
broadening the interpretation of this provision.

In 2014, the Court in Narayan Singh v Sunderlal Patwa referred the question of how to interpret
Section 123(3) to a seven-Judge Bench for consideration. Narayan Singh was was decided
with Abhiram Singh v. CD Coomachen.

In 2017, the Court in Abhiram Singh clarified the scope of Section 123(3). The key question in this
case was the interpretation of the word ‘his’ in s 123(3)—did the provision cover the religious, racial,
and caste identity of only the candidate, or did it extend to the voter’s identity as well? The
Court held that this provision extended to the voter and that Appeals cannot be made on the basis of
the identities of either the candidate or the voters.

The Ground Reality of Election Season in India

While Abhiram Singh remains in force, some have argued that the Supreme Court’s rulings on this
provision have failed to prevent appeals to caste and community in political campaigns. Others have
accepted that communal electioneering may have become an ‘inseparable characteristic’ of Indian
politics.

In the present Assembly Elections, caste and communal considerations remain at play. Political
parties in Uttar Pradesh have been accused of mobilising voters on caste and communal lines.

In this context, the non-implementation of the Court’s verdict in Abhiram Singh points to the
difficulty of holding political parties accountable, even by the highest judicial institution in the
country.

6. Parliamentary disruptions

Disruption is replacing discussion as the foundation of our legislative functioning. The passionate
debate is taking place everywhere other than in Parliament.
Moreover, the government is considering curtailing the monsoon session of Parliament, if this
happens, then all four sessions since last year would have been cut short. The first two because
of Covid-19, 2021 budget session because of campaigning in state elections, and the ongoing
session on account of disruptions.

Parliament’s job is to conduct discussions, but in recent years Parliament proceedings are marred by
frequent disruptions.

Parliamentary Disruptions - Data

▪ A PRS (PRS Legislative Research) report says during the 15th Lok Sabha (2009-14), frequent
disruptions of Parliamentary proceedings have resulted in the Lok Sabha working for 61%
and Rajya Sabha for 66% of its scheduled time.

▪ Another PRS report said, the 16th Lok Sabha (2014-19) lost 16% of its scheduled time to
disruptions, better than the 15th Lok Sabha (37%), but worse than the 14th Lok Sabha (13%).

▪ The Rajya Sabha lost 36% of its scheduled time. In the 15th and 14th Lok Sabhas, it had lost
32% and 14% of its scheduled time respectively.

Reasons for Disruption

▪ Discussion on Matters of Controversy and Public Importance: It appears that a number of

disruptions in Parliament stem from discussions on either listed topics that are
controversial, or unlisted matters that are of public importance.

o The matters such as the Pegasus Project, Citizenship Amendment Act, 2019 are such
examples of causing disruptions.

▪ Disruptions May Help Ruling Party Evade Responsibility: The maximum number of
disruptions have been found to take place in the Question Hour and the Zero Hour.

o While these disruptions are largely attributable to the behaviour of members of the
opposition, they may also be a consequence of executive action.

▪ Lack of Dedicated Time For Unlisted Discussion: Disruptions also get triggered due to lack of
adequate time for raising questions and objections in respect of matters that are not listed
for discussion in a particular, or during a particular session.

▪ Scarce Resort to Disciplinary Powers: Another systemic reason why disruptions are not
effectively prevented relates to the scarce resort to disciplinary powers by the Speaker of the
Lok Sabha and the Chairman of the Rajya Sabha.

o As a result, most members engaging in disorderly conduct are neither deterred nor
restrained from engaging in such conduct.

▪ Other Reasons: In 2001, a conference was held in the Central Hall of Parliament to discuss
discipline and decorum in legislatures. It identified four reasons behind the disorderly
conduct by MPs.
 o Dissatisfaction in MPs because of inadequate time for airing their grievances.

o An unresponsive attitude of the government and the retaliatory posture of the

treasury benches.

o Political parties not adhering to parliamentary norms and disciplining their members.

o The absence of prompt action against disrupting MPs under the legislature’s rules.

▪ Party Politics: When a contentious issue crops up, the government dithers on debating it,
leading to Opposition MPs violating the conduct rules and disrupting the proceedings of
Parliament.

o Since they have the support of their parties in breaking the rules, the threat of
suspension from the House does not deter them.

Issues

▪ Infringement of Constitutional Right: The right to ask questions flows from Article 75 of
Indian constitution which says that the council of ministers shall be collectively responsible
to the House of the people and people of the country in general.

o Thus, the curtailment of question hour and zero hour undermines the principle of
parliamentary oversight over executive.

▪ A Hindrance To Representative Democracy: Parliamentary discussion is a manifestation of a

representative kind of democracy in operation, in the sense that representation of the
people directly questions the government on matters of governance.

Way Forward

▪ Code of Conduct: To curb disorder in Parliament there is a need for strict enforcement of
code of conduct for MPs and MLAs.

o These ideas are not new. For example, the Lok Sabha has had a simple code of
conduct for its MPs since 1952. Newer forms of protest led to the updating of these
rules in 1989.

o The Lok Sabha Speaker should suspend MPs not following such codes and
obstructing the Houses’ business.

▪ Increasing Number of Working Days: Recommended by the 2001 conference, there should
be an increase in the working days of Parliament. It resolved that Parliament should meet for
110 days every year and state legislative assemblies for 90 days.

o In the United Kingdom, where Parliament meets over 100 days a year, opposition
parties get 20 days on which they decide the agenda for discussion in Parliament.
Canada also has a similar concept of opposition days.
 ▪ Democratic Participation: Not all disruptions in the Parliament are necessarily counter-
productive. Thus, the government of the day needs to be more democratic and allow the
opposition to put their ideas in free manner.

▪ Proposals in Individual Capacity:

o In 2019, Rajya Sabha Deputy Chairperson mooted an idea of evolving a ‘Parliament

Disruption Index’ to monitor disruptions in Parliament and state legislature.

o In the Lok Sabha, some members proposed automatic suspension of members who
cause disruption and rush to the Well of the House.

o But the proposals are still in a nascent stage.

▪ Productivity Meter: The overall productivity of the session also can be studied and
disseminated to the public on a weekly basis.

o For this, a “Productivity Meter” could be created which would take into
consideration the number of hours that were wasted on disruptions and
adjournments, and monitor the productivity of the day-to-day working of both
Houses of Parliament.

Conclusion

Democracy is judged by the debate it encourages and sustains. More strengthening of the Parliament
is the solution to prevent disruption of its proceedings. There should be a deepening of its role as the
forum for deliberation on critical national issues.

Drishti Mains Question

Legislative body’s role must be strengthened and deepened so that disruption of proceedings ceases to be an option.
Comment.

7. Uniform Civil Code

For Prelims: Uniform Civil Code, Article 44, Article 25, Article 14.

For Mains: Implications of Uniform Civil Code on Personal Laws.

Why in News

Recently, the Ministry of Law and Justice said in response to a PIL filed in 2019 that the
implementation of the Uniform Civil Code (UCC), a directive principle under the Constitution (Article
44), is a matter of public policy and that no direction in this regard can be issued by the Court.

▪ The Centre has requested the Law Commission of India (21st) to undertake examination of
various issues relating to UCC and to make recommendations thereof.

Key Points

▪ About:
 o UCC is one that would provide for one law for the entire country, applicable to all
religious communities in their personal matters such as marriage, divorce,
inheritance, adoption etc.

o Article 44 of the Constitution lays down that the state shall endeavour to secure a
UCC for the citizens throughout the territory of India.

• Article 44 is one of the Directive Principles of State Policy (DPSP).

• DPSP as defined in Article 37, are not justiciable (not enforceable by any
court) but the principles laid down therein are fundamental in governance.

▪ Status of Uniform Codes in India:

o Indian laws do follow a uniform code in most civil matters such as Indian Contract
Act 1872, Civil Procedure Code, Transfer of Property Act 1882, Partnership Act
1932, Evidence Act, 1872 etc.

o States, however, have made hundreds of amendments and, therefore, in certain

matters, there is diversity even under these secular civil laws.

• Recently, several states refused to be governed by the uniform Motor

Vehicles Act, 2019.

▪ Background:

o The origin of the UCC dates back to colonial India when the British government
submitted its report in 1835 stressing the need for uniformity in the codification of
Indian law relating to crimes, evidence, and contracts, specifically recommending
that personal laws of Hindus and Muslims be kept outside such codification.

o Increase in legislation dealing with personal issues in the far end of British rule
forced the government to form the B N Rau Committee to codify Hindu law in 1941.

o Based on these recommendations, a bill was then adopted in 1956 as the Hindu
Succession Act to amend and codify the law relating to intestate or unwilled
succession, among Hindus, Buddhists, Jains, and Sikhs.

• However, there were separate personal laws for muslim, chirstian and Parsis.

o In order to bring uniformity, the courts have often said in their judgements that the
government should move towards a UCC.

• The judgement in the Shah Bano case (1985) is well known.

• Another case was the Sarla Mudgal Case (1995), which dealt with issue of
bigamy and conflict between the personal laws existing on matters of
marriage.

o By arguing that practices such as triple talaq and polygamy impact adversely the
right of a woman to a life of dignity, the Centre has raised the question whether
constitutional protection given to religious practices should extend even to those
that are not in compliance with fundamental rights.

▪ Implications of Uniform Civil Code on Personal Laws:

 o Protection to Vulnerable Section of Society:

• The UCC aims to provide protection to vulnerable sections as envisaged by

Ambedkar including women and religious minorities, while also promoting
nationalistic fervour through unity.

o Simplification of Laws:

• The code will simplify the complex laws around marriage ceremonies,
inheritance, succession, adoptions making them one for all. The same civil
law will then be applicable to all citizens irrespective of their faith.

o Adhering to Ideal of Secularism:

• Secularism is the objective enshrined in the Preamble, a secular republic

needs a common law for all citizens rather than differentiated rules based on
religious practices.

o Gender Justice:

• If a UCC is enacted, all personal laws will cease to exist. It will do away with
gender biases in existing laws.

▪ Challenges:

o Exceptions in Central Family Laws:

• The preliminary sections in all central family law Acts enacted by Parliament
since Independence declare that they will apply to “the whole of India
except the state of Jammu and Kashmir.”

• A Second exception was added in 1968 in all these Acts, pronouncing

that “nothing herein contained shall apply to the Renoncants in the
Union Territory of Pondicherry.”

• A third exception, none of these Acts applies in Goa, Daman and Diu.

• A fourth exception, relating to the north-eastern states of Nagaland

and Mizoram, emanates from Articles 371A and 371G of the
Constitution, decreeing that no parliamentary legislation will replace
the customary law and religion-based system for its administration.

o Communal Politics:

• The demand for a uniform civil code has been framed in the context of
communal politics.

• A large section of society sees it as majoritarianism under the garb of social

reform.

o Constitutional Hurdle:

• Article 25 of Indian constitution, that seeks to preserve the freedom to

practise and propagate any religion gets into conflict with the concepts of
equality enshrined under Article 14 of Indian Constitution.
Way Forward

▪ The government and society will have to work hard to build trust, but more importantly,
make common cause with social reformers rather than religious conservatives.

▪ Rather than an omnibus approach, the government could bring separate aspects such as
marriage, adoption, succession and maintenance into a UCC in stages.

▪ Need of the hour is the codification of all personal laws so that prejudices and stereotypes in
every one of them would come to light and can be tested on the anvil of fundamental rights
of the Constitution.

8. Privatization of certain Healthcare Services

It is an accepted fact that the government is unable to cope with demand of the healthcare services.
The government is unable to provide comprehensive quality healthcare. Infrastructural bottlenecks
in public system have made the State and Central Governments to invite private players to deliver
critical healthcare. There is a big opportunity for private healthcare to fill up this gap.

The private sectors have the potential to contribute to the health industry as they can get the
financial aid from bankers, venture capitalists, pharmaceuticals, business houses, etc.

Healthcare no longer is restricted to providing just health service but it has evolved into a
competitive, performance –driven industry, which demands the best management skills related to
manpower, technology and finance. To provide this qualitative healthcare, it becomes important for
the entry of private players which are blessed with funds.

The recent NHP, 2017 lays emphasis on systemic strengthening and strategic engagement with the
private sector to comprehensively improve health service delivery in the country.

Will privatization of healthcare work in India?

• India opened up markets to private participation 30 years ago and reaped its benefits on
multiple dimensions.

• As the general pattern shows, the value delivered for prices charged—or ‘value for money’—
has risen in arenas that have come to be dominated by private players and also boast of a
fair degree of competitive intensity.

• However, two critical sectors that have gone the private way, even as state provisions
withered, should cause us profound unease: education and healthcare.

• Neither can operate on a laissez-faire model, given their special need for oversight, nor can
our trend of service privatization be relied upon to give us the base of human capital needed
for long-term economic success.

• At another level, both are welfare assurers and thus ought to have the government as their
predominant both are welfare assurers and thus ought to have the government as their
predominant provider.

• With state inadequacies exposed by the covid pandemic, our need to attain a balance is
particularly acute in healthcare, where less than a fifth of all Indians avail of public facilities,
as estimated.
Benefits of Privatization

• Access to Specialized Healthcare: PPP model would improve accessibility to specialized

health care in terms of human expertise, technology and equipment

• Enhance Infrastructural Quality: PPP model would provide a mechanism for private sector to
engage with the public utilising government facilities and infrastructure of district hospitals.
A viability gap funding by the state government needs to be set up for this.

• Economies of Scale: Private parties would share ambulance services, mortuary services and
blood banks with the district hospitals while public hospitals benefit from superior quality of
human resources as well as increased capital of private players

• Better Diagnosis: It would ensure timely diagnosis and detection of diseases given the
expedition of advanced medical devices reducing regional disparity in provision of such
services

▪ GeneXpert devices to diagnose TB

• Holistic Medical Growth: Expansion of Private-sector servicesà Greater investment in

research and developmentà Greater procurement of medical infrastructureà Job creation
and growth in the medical field

Challenges associate with privatization of healthcare:

• Privatization will increase the gap between rich and poorwhich will encourage survival of
the richest, which cannot be the goal of any civilized society.

• The public hospitals offer subsidized and other free services which makes most of the
people move away from private hospitals.

• The uninsured patientswill suffer from high bills of the treatment.

• The lack of regulation of private playersis likely to exploit its clients and customers either
financially or physically.

• There is no answerability of private sectorto government regulatory board over their

functioning and operations.

Measures needed:

• Government should make the guidelines regarding the provision of services provided, areas
of involvement, quality of services providedand many more such factors before opting for
privatization of healthcare sector.

• Multidisciplinary approachwith public health experts taking the lead role can help in
establishing a better healthcare environment in India.

• States should create a health advisory committee with expertsfrom the faculty of public
health, business management/health administration institutions, not-for-profit health NGOs,
for-profit health organizations, and state health departments.

• Block-wise analysis up to sub-centre levelshould be done for each district in order to have a
shared understanding of strengths and weaknesses of the health system, activate joint action
plans, minimize duplication of efforts, and optimize scarce resources.
 • Computerization of the health service input and output data according to the institutions
shall be a primary requirement to identify better performing institutions/individuals based
upon agreed minimum indicators for strengthening accountability in the system.

• A separate public health cadre at district levelshould be created with suitable avenues for
upgradation of educational qualification to postgraduate level, i.e. Master of Public Health
and MD in Community Medicine.

Way forward:

• The goal of the private firms should not involve only profit-making as their motivation for
the provision of quality services but they should also focus on efficiency and effectiveness in
healthcare.

• Privatization is beneficial if the structures are set properly, otherwise, it will defeat the
purpose and goal of healthcare.

• For ensuring equitable representation of both private and public sector interests, it is
necessary that the governing body includes members nominated from the private sector
also.

• Government should study the breadth of the healthcare landscape and benchmark the
standards with other developing and developed countries and identify critical areas and
gaps.

Conclusion

The primary responsibility for providing affordable universal healthcare services rests on the state.
A well regulated private sector based on the pillars of trust, accountability and efficiency can be a
boon to India’s citizens.

9. Agrarian crisis: Issues in farmer economy

For Prelims: National Commission on Farmers (NCF), Commission for Agricultural Costs and Prices
(CACP), Palm Oil Mission, Pradhan Mantri Fasal Bima Yojana.

For Mains: Agricultural Distress: Reasons, Impacts, Government Initiatives.

India is one of the biggest growing economies in the world. Agriculture is the primary occupation of
nearly half the population of the country. Over the past few decades, the manufacturing and
services sectors have increasingly contributed to the growth of the economy, while the agriculture
sector’s contribution has decreased. The unprecedented agrarian crisis in India has now been
affecting farmers across the country for nearly a decade.

What are the Reasons Behind Agricultural Distress?

▪ Poor Policy and Planning: In the past, Government strategy primarily focused on raising
agricultural output and improving food security rather than recognising the need to raise
farmer’s income,
 o The absence of direct measures to promote farmers’ welfare is also one of the main
reasons for agricultural distress.

▪ Declining Average Size of Farm Holdings: Increasing demographic pressure, disguised

employment in agriculture and conversion of agricultural land for alternative uses, have
drastically reduced the average land holding.

▪ Dependence on Rainfall and Climate: Indian agriculture is heavily dependent on monsoon

and ever-increasing global temperature has made agriculture more prone to extreme
weather events.

▪ Collapsing Farm Prices: Low global prices have affected exports and the cheaper imports
have hurt domestic prices in the country.

o Lack of easy credit to agriculture and dependence on money lenders.

▪ Fragmented supply chains:

o Large gaps in storage, Cold chains

o Limited connectivity

o Absence of marketing infrastructure

▪ Lack of Mechanisation: Introduction of latest technology has been limited due to various
reasons like accessibility for credit and low awareness.

▪ Other Reasons: Crop production is always at risk because of pests and diseases.

o Shortage of inputs like seeds and irrigation facilities.

o Deficiencies in Agricultural Produce Market Committees (APMC) Act.

o Profiteering by middlemen.

What are the Impacts of Agricultural Distress?

▪ Adverse Effect on Farmers’ Income: The above factors have resulted in low income for
farmers which is evident from the incidence of poverty among farm households.

o The low and highly fluctuating farm income is causing a detrimental effect on the
interest in farming and farm investments and is also forcing more and more
cultivators, particularly younger age group, to leave farming.

▪ Cases of Suicides: The country also witnessed a sharp increase in the number of farmers
suicides in the last decades.

o This can cause an adverse effect on the future of food security and the state of
agriculture in the country.

What is the National Commission on Farmers (NCF) and Evergreen Revolution?

▪ National Commission on Farmers (NCF) was constituted on November 18, 2004, under the
chairmanship of Professor M.S. Swaminathan.
 ▪ Its recommendations mainly focused on issues of access to resources and social security
entitlements and contain suggestions for inclusive growth of farmers and the agriculture
sector in India.

▪ On the issue of Minimum Support Price, the committee recommended providing farmers
with a minimum support price of 50% above the cost of production classified as C2 by
the Commission for Agricultural Costs and Prices (CACP).

▪ CACP proposes three definitions of production costs :

o A2: Actual paid-out expenses incurred by farmers — in cash and kind on seeds,
fertilisers, pesticides etc.

o A2+FL: It is A2 cost plus an imputed value of unpaid family labour.

o C2: It accounts for the rentals or interest loans, owned land and fixed capital assets
over and above A2+FL.

▪ The Committee recommended the MSP to be basic cost and prescribed MSP 50% above C2.

What Steps can be Taken?

▪ Development Initiatives: Initiatives including infrastructure, technological interventions,

farmer friendly policies and institutional mechanisms can increase agricultural growth and
farmers income.

▪ Need for Technology can help to reduce ‘yield gaps’ and thus improve productivity.

o The water-use efficiency can be improved significantly with better use of

technologies that include drip irrigation.

▪ The quantitative framework for doubling farmers income has the following seven sources of
growth:

o Increase in productivity of crops

o Increase in production of livestock

o Improvement in the efficiency of input use (cost saving)

o Increase in crop intensity

o Diversification towards high-value crops

o Improved price realization by farmers

o The shift of cultivators to non-farm jobs

▪ Improvements in Allied Sectors: Many small farmers cannot leave agriculture because of a
lack of opportunities in the non-farm sector. Hence, allied sectors like horticulture, food
processing, poultry etc needs to be pushed. For instance, government initiatives
like the Coordinated programme on Horticulture Assessment and MANagement using
geoinformatics (CHAMAN), AGRI-UDAAN programme, Scheme for Agro-Marine Processing
and Development of Agro-Processing Clusters (SAMPADA) etc.
 ▪ Cooperative Farming: In this context, consolidation of land holdings also becomes important
to raise farmer incomes. Farmers can voluntarily come together and pool land to gain the
benefits of size. Through consolidation, farmers can reap economies of scale both in input
procurement and output marketing.

▪ Policy Developments: There is a need to make a shift from rice and wheat-centric policies to
millet, pulses, fruits, vegetables, livestock and fish.

▪ Need for Market Reforms: The creation of a competitive, stable and unified national market
is needed for farmers to get better prices.

What are the Government Initiatives taken in this Regard?

▪ Doubling Farmer’s Income by 2022-23: The goal set to double farmers' income by 2022-
23 is central to promote farmers welfare, reduce agrarian distress and bring parity between
the income of farmers and those working in non-agricultural professions.

▪ Initiatives of Central Government: In recent years, the Central government has taken various
measures like the PM Fasal Bima Yojana (PMFBY), PM Krishi Sinchai Yojana
(PMKSY), electronic National Agricultural market (e-NAM), Soil health card, Neem-coated
urea etc.

▪ Agriculture is a major component of Priority Sector Lending (PSL), and the target for bank
lending to agriculture has been revised upwards every year.

▪ Fertilizer Subsidies: In addition to food subsidies under PDS, the government also
provides fertilizer subsidy year after year.

▪ In the 2018-2019 budget for farmers, the Union budget has announced Minimum Support
Prices (MSPs) at 50% above the production cost.

o It also proposed to launch “Operation Greens” in the agriculture sector on the same
lines of the milk sector’s “Operation Flood”.

▪ Budget Initiatives: In the 2022 budget, various steps were taken to support the farm sector.
 ▪ Farm Support Schemes: Some States have introduced farm support schemes, examples
being the Rythu Bandhu Scheme (Telangana) and the Krushak Assistance for Livelihood and
Income Augmentation (KALIA) scheme (Odisha)

What are the Other Initiatives?

▪ Palm Oil Mission

▪ Pradhan Mantri Fasal Bima Yojana

▪ Pradhan Mantri Kisan Samman Nidhi Yojana

▪ AgriStack
 ▪ Unified Farmer Service Platform

▪ National e-Governance Plan in Agriculture

▪ Sub-Mission on Agricultural Mechanization

What Steps can be taken?

▪ The ever-changing agriculture sector requires proactive policy management which can
maximize benefits for all stakeholders.

▪ Raising the MSP, price deficiency payments or income support schemes can only be a partial
solution to the problem of providing remunerative returns to farmers.

▪ A sustainable solution is market reforms to enable better price discovery combined with
long-term trade policies favourable to exports.

▪ For better prices for farmers, agriculture has to go beyond farming and develop a value
chain comprising farming, wholesaling, warehousing, logistics, processing and retailing.

▪ The most effective and least distortionary way to support farmers would be through direct
benefit transfers (DBTs).

▪ What is abundantly clear is that loan waivers aren’t the panacea they’re made out to be
politically. Those who want to help India’s farmers should be working much harder to figure
out what they really need.

UPSC Civil Services Examination Previous Year Question (PYQ)

Prelims

Q1. With reference to ‘Pradhan Mantri Fasal Bima Yojana’, consider the following statements:
(2016)

1. Under this scheme, farmers will have to pay a uniform premium of two percent for any crop
they cultivate in any season of the year.

2. This scheme covers post-harvest losses arising out of cyclones and unseasonal rains.

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

Ans: (b)

Q2. Consider the following statements: (2020)

1. In the case of all cereals, pulses and oil-seeds, the procurement at Minimum Support Price
(MSP) is unlimited in any State/UT of India.

2. In the case of cereals and pulses, the MSP is fixed in any State/UT at a level to which the
market price will never rise.

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

Ans: (d)

10. Issues related to Social Media

The phenomenal rise of Social Media (SM) platforms such as Facebook, Twitter and others is proving
to be a double-edged sword in the functioning of democracies. On the one hand, it has democratised
access to information but on the other hand, it has also posed new challenges which are now directly
impacting our democracies and the people.

Extent of Social Media

▪ India has 574 million active Internet users as of 2019.

▪ India is the second-largest online market, behind China.

▪ It was estimated that by December 2020 there will be around 639 million active internet
users in India.

▪ The majority of India’s internet users are mobile phone internet users.

o The overall data traffic in India increased by 47% in 2019 driven by continued 4G
consumption. 4G constituted 96% of the total data traffic consumed across the
country while 3G data traffic registered its highest-ever decline of 30%.

Benefits of Social Media

Democratisation of Information

▪ Social media is allowing the democratisation of knowledge and broader communication.

▪ Billions of netizens around the world now feel empowered to bypass traditional curators of
information.

▪ They have also become creators and disseminators of content, not just consumers of it.

New Opportunities

▪ The rise of the virtual world provides voiceless people unprecedented opportunities to assert
themselves and experience a sense of belongingness.

▪ The rise of several YouTubers as a medium of profession is a testimony of the phenomenon.

Wider and Heterogeneous Communities

▪ Online communities are, geographically, much wider and more heterogeneous than physical
communities.

▪ In the past, many communities in India were not allowed to participate in public discourses,
organise themselves and advance their thoughts and ideas.
 ▪ Their concerns, ideas, experiences, ambitions and demands largely went unheard.

Cheap and Easy

▪ Today, creating content needs less investment than the brick and mortar or any other
Physical set up.

▪ It is more often soft-skill driven.

▪ With the assistance of technology, anyone can create competent, authentic, effective and
fresh online content.

Countering The Hegemony

▪ Social Media has also evolved as a tool to counter the hegemony or narrative of traditional
players.

▪ It has provided an alternate source of Knowledge in a world where mainstream media has
come under severe public criticism for fake news and propaganda.

Closing The Distance

▪ Social Media has also bridged the distance.

▪ Friends and Family are now connected over WhatsApp and other Apps despite being far
away in distance.

Direct Interaction With Government

▪ Today Social Media has empowered common people to directly interact with the
government and avail government services directly.

▪ Common people tagging Railway and other ministries and the agencies responding to them
is common news these days.

Challenges

Hate speech and Rumours

▪ Hate speech and rumours in India have been responsible for acts of violence and deaths in
many of the cases for quite some time now.

▪ The most recent being the case when two sadhus and their driver were lynched in
Gadchinchale village in Palghar, Maharashtra this year.

▪ The incident was fuelled by WhatsApp rumours about thieves operating in the area and the
group of villagers had mistaken the three passengers as thieves and killed them. Several
policemen who intervened were also attacked and injured.

▪ Similarly Hate Speech on Social Media had a big role in the Delhi Riots of 2020.

Fake News

▪ A 2019 Microsoft study found that over 64% of Indians encounter fake news online, the
highest reported amongst the 22 countries surveyed.
 ▪ There are a staggering number of edited images, manipulated videos and fake text messages
spreading through social media platforms and messaging services like WhatsApp making it
harder to distinguish between misinformation and credible facts.

Online Trolling

▪ Trolling is the new bi product of Social Media.

▪ Vigilantes take law in their own hand and start trolling and threatening those who don’t
agree with their views or narratives.

▪ It has led to anonymous trolls who attack the reputation of an individual.

Women Safety

▪ Women face cyber rape and threats that affect their dignity severely.

▪ Sometimes their pictures and videos are leaked with and are forced to cyber bullying.

Way Forward

Artificial Intelligence (AI)

▪ Several Social Media houses have put up a mix of automated and human driven editorial
processes to promote or filter certain types of content.

▪ These AI units will automatically flash the danger of mis reporting everytime an image or
news is shared.

▪ This practice must be strengthened and disseminated.

Fight Misinformation With Information

▪ This is the other way where alternative information alongside the content with fake
information is posted so that the users are exposed to the truth and correct information.

▪ This approach, which is implemented by YouTube, encourages users to click on the links with
verified and vetted information that would debunk the misguided claims made in fake or
hateful content.

▪ E.g, If you search “Vaccines cause autism” on YouTube, while you still can view the videos
posted by anti-vaxxers, you will also be presented with a link to the Wikipedia page of MMR
vaccine that debunks such beliefs.

Bringing Regulation

▪ There must be an exhaustive national law to deal with the ever expanding horizon of Social
Media.

▪ Responsibility must be fixed and there must be deterrence of law.

Public Awareness

▪ A digitally literate country is the need of the hour.

▪ Responsible social media use must be taught at every school and college in the country and
especially in the rural areas where people can be easily manipulated.
 Legal Measures

▪ The Election Commission of India (ECI) had announced measures to curb fake news and
misinformation on social media platforms at the time of elections.

▪ It had brought political parties’ social media content under the ambit of the model code of
conduct, and had asked the candidates to disclose their social media accounts and all
expenditure on their respective social media campaigns.

▪ Similarly the media Wing of the I&B Ministry has been assisting various arms of the
government in keeping an eye on activities on various social media platforms.

▪ Such practices must be encouraged at all scales and institutions.

Conclusion

▪ As India is not a surveillance state, there must not be any illegal or unconstitutional check on
the right to privacy and freedom of speech and expression which are the fundamental rights
of every citizen.

▪ There must be a balance as the Constitutions itself has provided several limitations on one’s
right to speech and expression.

▪ Big technology firms who own social media platforms can mediate content and thus impinge
on democracy.

▪ They and everyone must be held accountable for their actions which have wide social
ramification.

Drishti Mains Question

Social Media is a double edged sword in the functioning of democracies. Critically analyse the statement in the light of
current development.
 11. Criminalisation of politics

For Prelims: Amicus Curiae, Representation of People's Act, Criminalization of Politics.

For Mains: Reasons, effects and solutions to Criminalization of Politics.

Why in News?

According to data compiled by the Amicus Curiae, a total of 4,984 criminal cases involving legislators
were pending in various courts across the country as of 1st December, 2021.

▪ The Amicus Curiae was appointed by the Supreme Court for helping the court in setting up
special courts to fast-track cases against MPs and MLAs.

▪ This trend highlights the increasing instance of criminalization of politics.

▪ An amicus curiae (literally, "friend of the court") is someone who is not a party to a case
and may or may not have been solicited by a party and who assists a court by offering
information, expertise, and bearing on issues of the case.

What is Criminalization of Politics?

▪ The criminalization of politics means the participation of criminals in politics which includes
that criminals can contest in the elections and get elected as members of the Parliament and
the State legislature.

▪ It takes place primarily due to the nexus between politicians and criminals.

What are the Legal Aspects of Disqualification of Criminal Candidates?

▪ In this regard, Indian Constitution does not specify as to what disqualifies a person from
contesting elections for the Parliament, Legislative assembly or any other legislature.

▪ The Representation of Peoples Act 1951 mentions the criteria for disqualifying a person for
contesting an election of the legislature.

o Section 8 of the act, i.e. disqualification on conviction for certain

offences, according to which an individual punished with a jail term of more than
two years cannot stand in an election for six years after the jail term has ended.

o The law does not bar individuals who have criminal cases pending against them from
contesting elections therefore the disqualification of candidates with criminal cases
depends on their conviction in these cases.

What are the Reasons for Criminalization of Politics?

▪ Lack of Enforcement: Several laws and court judgments have not helped much, due to the
lack of enforcement of laws and judgments.

▪ Vested Interests: Publishing of the entire criminal history of candidates fielded by political
parties may not be very effective, as a major chunk of voters tend to vote through a narrow
prism of community interests like caste or religion.
 ▪ Use of Muscle and Money Power: Candidates with serious records seem to do well despite
their public image, largely due to their ability to finance their own elections and bring
substantive resources to their respective parties.

o Also, sometimes voters are left with no options, as all competing candidates have
criminal
records.

What are the Effects of Criminalization of Politics?

▪ Against the Principle of Free and Fair Election: It limits the choice of voters to elect a
suitable candidate.
 o It is against the ethos of free and fair election which is the bedrock of a democracy.

▪ Affecting Good Governance: The major problem is that the law-breakers become law-
makers, this affects the efficacy of the democratic process in delivering good governance.

o These unhealthy tendencies in the democratic system reflect a poor image of the
nature of India’s state institutions and the quality of its elected representatives.

▪ Affecting Integrity of Public Servants: It also leads to increased circulation of black money
during and after elections, which in turn increases corruption in society and affects the
working of public servants.

▪ Causes Social Disharmony: It introduces a culture of violence in society and sets a bad
precedent for the youth to follow and reduces people's faith in democracy as a system of
governance.

Way Forward

▪ State Funding of Elections: Various committees (Dinesh Goswami, Inderjeet Committee) on

the electoral reforms have recommended state funding of elections which will curb use of
black money to a large extent and thereby will have a significant impact on limiting
criminalization of politics.

▪ Strengthening Election Commission: Regulating the affairs of a political party is essential for
a cleaner electoral process. Therefore, it is imperative to strengthen the Election
Commission of India.

▪ Vigilant Voters: Voters also need to be vigilant about misuse of money, gifts and other
inducements during elections.

▪ Proactive Role of Judiciary: Given the reluctance by the political parties to curb
criminalisation of politics and its growing detrimental effects on Indian democracy, Indian
courts must now seriously consider banning people accused with serious criminal charges
from contesting elections.

12. Stubble Burning

For Prelims: Stubble Burning, Turbo Happy Seeder (THS) machine, CAQM, Air Pollution.

For Mains: Impacts on Stubble Burning.

Why in News?

According to the Commission for Air Quality Management (CAQM), fire count from Stubble
Burning in Delhi and the NCR (National Capital Region) has reduced by 31.5% in 2022 as compared
to 2021.

▪ As compared to 2021, stubble burning decreased in Punjab, Haryana, and Uttar Pradesh by
30%, 47.60%, and 21.435% respectively in 2022. The fire counts are based on information
from NASA (National Aeronautics and Space Administration) Satellites.

What caused the Reduction in Stubble Burning?

 ▪ State governments went for both in-situ and ex-situ management and a special
campaign was started to honour the farmers who did not burn stubble.

o In-Situ Treatment of Stubble: For example, crop residue management by zero-tiller

machine and Use of bio-decomposers (e.g., Pusa bio-decomposer).

o Ex-Situ (off-site) Treatment: For example, Use of rice straw as cattle fodder.

▪ About 10 million tonnes of straw had been managed through in-situ management, which is
about 25% more than last year in Punjab.

o Similarly, 1.8 million tonnes of straw had been managed through the ex-situ method,
which is more than 33% over the previous year.

▪ Punjab had chalked out an action plan for three years, which has been shared with the
central government.

What is Stubble Burning?

▪ About:

o Stubble (parali) burning is a method of removing paddy crop residues from the field
to sow wheat from the last week of September to November, coinciding with the
withdrawal of southwest monsoon.

o Stubble burning is a process of setting on fire the straw stubble, left after the
harvesting of grains, like paddy, wheat, etc. It is usually required in areas that use the
combined harvesting method which leaves crop residue behind.

o It is a common practice in October and November across North West India, but
primarily in Punjab, Haryana, and Uttar Pradesh.

▪ Effects of Stubble Burning:

o Pollution:

• Emits large amounts of toxic pollutants in the atmosphere which contain

harmful gases like methane (CH4), Carbon Monoxide (CO), Volatile Organic
compounds (VOC) and carcinogenic polycyclic aromatic hydrocarbons.

• These pollutants disperse in the surroundings, may undergo a physical and

chemical transformation and eventually adversely affect human health by
causing a thick blanket of smog.

o Soil Fertility:

• Burning husk on the ground destroys the nutrients in the soil, making it less
fertile.

o Heat Penetration:

• The heat generated by stubble burning penetrates into the soil, leading to
the loss of moisture and useful microbes.

▪ Alternatives to Stubble Burning:

 o Use of Technology- For example Turbo Happy Seeder (THS) machine, which can
uproot the stubble and also sow seeds in the area cleared. The stubble can then be
used as mulch for the field.

What is Other Related Initiative?

▪ The State Governments of Punjab, National Capital Region (NCR) States and the Government
of National Capital Territory of Delhi (GNCTD) have developed detailed monitorable action
plans based on the framework by the CAQM to tackle the problem of air pollution.

What is CAQM?

▪ CAQM is a statutory body formed under the Commission for Air Quality Management in
National Capital Region and Adjoining Areas, Act 2021.

o Earlier, the commission was formed through the promulgation of the Commission for
Air Quality Management in National Capital Region and Adjoining Areas Ordinance,
2021.

▪ The Commission for Air Quality Management in the National Capital Region and Adjoining
Areas, Act 2021 also dissolved the Environment Pollution Prevention and Control Authority
(EPCA) established in the NCR in 1998.

▪ It has been set up for Air Quality Management in National Capital Region and Adjoining
Areas for better co-ordination, research, identification and resolution of problems
surrounding the air quality index and for matters connected therewith or incidental thereto.

Way Forward

▪ As we know, burning stubble destroys a helpful raw material, pollutes the air, causes
respiratory diseases and worsens greenhouse gas emissions. Therefore, the need of the hour
is to make constructive use of stubble as animal feed and further utilise technology by
enabling various alternatives like Turbo-Happy Seeder Machine and Bio-Decomposer etc.

▪ Stubble can be recycled to make products including paper and cardboard.

▪ Also, it can be used as a manure. For example, in Palla village outside Delhi, the Nandi
Foundation purchased 800 MT of paddy residue from farmers to turn it into manure.

▪ Crop residue can also be used for various purposes like charcoal gasification, power
generation, as industrial raw material for production of bio-ethanol.

UPSC Civil Services Examination, Previous Year Question (PYQ)

Q. Mumbai, Delhi and Kolkata are the three mega cities of the country but the air pollution is much
more serious problem in Delhi as compared to the other two. Why is this so? (2015)

Source: IE

13. Marital rape

For Prelims: Marital Rape, Section 375 of the IPC, Justice J. S. Verma Committee
For Mains: Criminalisation of Marital Rape, Section 375 of the IPC,. Justice J. S. Verma Committee,
Protection of Women from Domestic Violence Act, 2005, Salient Features of Indian Society

Why in News?

Out of 185 countries in the world, 77 have laws that clearly criminalise marital rape while there
are 34 countries that explicitly decriminalise marital rape, or in essence, offer immunity to men who
perpetrate rape against their wives.

▪ India, is one of the 34 countries that have decriminalised marital rape.

What is Indian Law on Marital Rape?

▪ Section 375 of the Indian Penal Code (IPC):

o Section 375 of the IPC defines the acts that constitute rape by a man.

o The provision, however, lays down two exceptions as well.

• Apart from decriminalising marital rape, it mentions that medical

procedures or interventions shall not constitute rape.

• Exception 2 of Section 375 of the Indian Penal Code states that “sexual
intercourse by a man with his wife, and if the wife not being under fifteen
years of age, is not rape”.

o In October 2017, the Supreme Court of India increased the age to 18 years.

▪ Domestic Violence Act, 2005:

o It hints at marital rape by any form of sexual abuse in a live-in or marriage

relationship.

o However, it only provides for civil remedies. There is no way for marital rape victims
in India to initiate criminal proceedings against their perpetrator.

What is the History of the Marital Rape Law in India?

▪ Judiciary:
o Delhi High
Court:

• The Delhi High Court has been hearing arguments in the case since 2015.

• In January 2022, two judges of the Delhi High Court started to hear petitions
filed by individuals and civil society organisations challenging the exemption.

• By May 2022, they had arrived at a controversial split verdict. One judge
was in favour of criminalising marital rape as it violated a woman’s right to
consent, while the other was against it, saying marriage “necessarily”
implied consent.

• The matter was pushed to the Supreme Court.

o Supreme Court:

• In September 2022, a Supreme Court ruling on women’s right to safe

abortions regardless of marital status held that for the purposes of
the Medical Termination of Pregnancy Act, the definition of rape should
include marital rape.
 o Law Commission of India:

• The need to remove the marital rape exception was rejected by the Law
Commission of India in 2000, while considering several proposals to reform
India's laws on sexual violence.

o Justice JS Verma Committee:

• In 2012, the Justice JS Verma Committee was tasked with proposing

amendments to India's rape laws.

• While some of its recommendations helped shape the Criminal Law

(Amendment) Act passed in 2013, some suggestions, including that on
marital rape, were not acted on.

▪ Parliament:

o The issue has been brought up in Parliament as well.

o Upon being questioned in a Parliament session in 2015, the idea of criminalising

marital rape was dismissed with the view that "marital rape cannot be applied in the
country since marriage was treated as a sacrament or sacred in the Indian society".

▪ Government’s Stand:

o The Central Government initially defended the rape exception and later changed its
stand and told the court that it was reviewing the law, and that “wider deliberations
are required on the issue”.

o The Delhi government argued in favour of retaining the marital rape exception.

• The government’s arguments spanned from protecting men from possible

misuse of the law by wives, to protecting the institution of marriage.

What are the Issues with Marital Rape Exception?

▪ Against Basic Rights of Women:

o This exception clause violates the women’s fundamental right to equality, freedom
of speech and expression, and most of all the right to life and personal liberty.

• It also denies the agency over their own bodies to women.

▪ Dismal State of Judicial System:

o Some of the reasons for low rates of prosecution in the cases of marital rape in India
include:

• Low reporting of crimes due to societal conditioning and low legal

awareness.

• Inaccurate method of collection of National Crime Records Bureau

(NCRB) data.

• Out of court settlements due to the lengthy process of justice/lack of

admissible proof.
How did the Exception on Marital Rape find its way into the IPC?

▪ British Colonial Rule:

o The IPC was implemented in India during British colonial rule in 1860.

• Under the first version of the rules, the marital rape exception was
applicable to women over 10 years of age which was raised to 15 in 1940.

▪ 1847 Draft of Lord Macaulay:

o In January 2022, it was argued by amicus curiae (friend of the court) that the IPC is
based on the 1847 draft of Lord Macaulay, the chairman of the First Law
Commission established in colonial-era India.

• The exception in the draft decriminalised marital rape without any age limit.

o The provision is an age-old idea that implies consent by married women and
protects the conjugal rights of the husband.

o The idea of implied consent comes from the Doctrine of Hale, given by Matthew
Hale, the then British Chief Justice, in 1736.

• It states that a husband cannot be guilty of rape, since “by their mutual
matrimonial consent and contract the wife has given up herself in this kind
to the husband”.

▪ Doctrine of Coverture:

o According to the Doctrine of Coverture, a woman has no individual legal identity

after marriage.

o Notably, the Doctrine of Coverture found a mention during the hearing when
the Supreme Court of India struck down adultery as a criminal offence in 2018.

• It was held that Section 497, that classified adultery as a crime, is based on
the Doctrine of Coverture.

o This doctrine, although not recognised by the Constitution, holds that a woman
loses her identity and legal rights with marriage, is violative of her fundamental
rights.

How is Marital Rape Treated around the World?

▪ About:

o The United Nations has urged countries to end marital rape by closing legal
loopholes, saying that “the home is one of the most dangerous places for women”.

▪ Countries that have Criminalised Marital Rape:

o United States– From 1993, Marital Rape was criminalised in all 50 states of the US
but laws differ from state to state.

o United Kingdom– Marital rape has also been criminalised in the UK and those found
guilty could be sentenced to life imprisonment.
 o South Africa- Marital rape has been illegal since 1993 in South Africa.

o Canada– Marital Rape is punishable in Canada.

▪ Countries that have not Criminalised Marital Rape:

o Ghana, India, Indonesia, Jordan, Lesotho, Nigeria, Oman, Singapore, Sri Lanka and
Tanzania haven't expressly criminalised marital rape of a woman or a girl by her
husband.

What should be the Approach Moving Forward?

▪ Indian law now affords husbands and wives separate and independent legal identities, and
much jurisprudence in the modern era is explicitly concerned with the protection of women.

o Therefore, it is high time that the legislature should take cognisance of this legal
infirmity and bring marital rape within the purview of rape laws by eliminating
Section 375 (Exception 2) of IPC.

▪ There is a need for laws that clarify boundaries in how we relate to one another and uphold
constitutional ideas of equality, dignity and bodily autonomy, alongside the unpleasant
social realities about their limited use in practice.

UPSC Civil Services Examination Previous Year Question (PYQ)

Q. We are witnessing increasing instances of sexual violence against women in the country. Despite
existing legal provisions against it, the number of such incidences is on the rise. Suggest some
innovative measures to tackle this menace. (2014)

Source: IE

14. 'Living wills'/ Euthanasia

For Mains: Assisted Suicide and Euthanasia and related issues

Why in News?

Recently, Jean-Luc Godard, one of the legends of French New Wave cinema, died by assisted suicide
at the age of 91.

What is Assisted Suicide?

▪ About:

o Assisted suicide and euthanasia both are practices under which a person
intentionally ends their life with active assistance from others.

o Several European nations, some states in Australia and Colombia in South America
allow assisted suicide and euthanasia under certain circumstances.

▪ Types:

o Active:

• Active euthanasia, which is legal in only a few countries, entails the use of
substances to end the life of the patient.
 o Passive:

• It involves simply stopping lifesaving treatment or medical

intervention with the consent of the patient or a family member or a close
friend representing the patient.

What are the Arguments for and against Assisted Suicide?

▪ Arguments for:

o Freedom of Choice:

• Advocates argue that the person should be able to make their own choice.

o Quality of Life:

• Only the individual really knows how they feel, and how the physical and
emotional pain of illness and prolonged death impacts their quality of life.

o Dignity:

• Every individual should be able to die with dignity.

o Resources:

• It makes more sense to channel the resources of highly skilled staff,

equipment, hospital beds, and medications toward lifesaving treatments for
those who wish to live, rather than those who do not.

o Humane:

• It is more humane to allow a person with intractable suffering to be

allowed to choose to end that suffering.

o Loved ones:

• It can help to shorten the grief and suffering of loved ones.

▪ Arguments Against:

o Moral and Religious Arguments:

• Several faiths see euthanasia as a form of murder and morally

unacceptable. Suicide, too, is “illegal” in some religions. Morally, there is an
argument that euthanasia will weaken society’s respect for the sanctity of
life.

o Patient Competence:

• Euthanasia is only voluntary if the patient is mentally competent, with a

lucid understanding of available options and consequences, and the ability
to express that understanding and their wish to terminate their own life.
Determining or defining competence is not straightforward.

o Guilt:
 • Patients may feel they are a burden on resources and are psychologically
pressured into consenting. They may feel that the financial, emotional, and
mental burden on their family is too great.

o Slippery slope:

• There is a risk that physician-assisted suicide will start with those who are
terminally ill and wish to die because of intractable suffering, but then begin
to include other individuals.

o Regulation: Euthanasia cannot be properly regulated.

Does India allow Assisted Suicide or Euthanasia?

▪ In a landmark judgment, the Supreme Court of India legalised passive euthanasia in 2018,
stating that it was a matter of ‘living will’.

▪ According to the judgment, an adult in his conscious mind is permitted to refuse medical
treatment or voluntarily decide not to take medical treatment to embrace death in a
natural way, under certain conditions.

▪ The court laid down a set of guidelines for ‘living will’ and defined passive euthanasia and
euthanasia as well.

▪ It also laid down guidelines for ‘living will’ made by terminally ill patients who beforehand
know about their chances of slipping into a permanent vegetative state.

▪ The court specifically stated that the rights of a patient, in such cases, would not fall out of
the purview of Article 21 (right to life and liberty) of the Indian Constitution.

▪ The SC’s judgment was in accordance with its verdict in March 2011 on a separate plea.

o While ruling on a petition on behalf of Aruna Shanbaug, the court had allowed
passive euthanasia for the nurse who had spent decades in a vegetative
state. Shanbaug had become central to debates on the legality of right to die and
euthanasia in India.

• A vegetative state is when a person is awake but is showing no signs of

awareness.

▪ However, another bench of the Supreme Court, in 2014, cited inconsistencies in earlier
verdicts on passive euthanasia, including the one given in the Shanbaug case, and referred
the matter to a Constitution bench.

Source: IE

15. Separate State Flag in Karnataka

What to study?

For Prelims: Constitutional and legal provisions in this regard.

For Mains: Concern over separate state flags and the need for a comprehensive framework on this.
Context: Karnataka government has indicated that it may not pursue with the Centre a proposal
made by the earlier government, for a separate state flag.

Is there any provision in the constitution prohibiting a state from having its own flag?

Supreme Court has said that there is no prohibition in the Constitution for the State to have its own
flag. However, the manner in which the state flag is hoisted should not dishonour the national flag.

Under the Constitution, a flag is not enumerated in the Seventh Schedule. However, Article 51A rules
that every citizen shall abide by the Constitution and respect its ideals and institutions, the national
flag, and the national anthem.

Is it regulated under any parliamentary Act?

The Emblems and Names (Prevention of Improper Use) Act, 1950 and The Prevention of Insults to
National Honour Act, 1971 regulates the hoisting of the national flag.

Emblems and Names (Prevention of improper use) Act 1950 prohibits the use of National Symbols
for commercial use in India.

Under the 1971 Act, insulting the national flag by burning it, mutilating it, defacing it, is prohibited.

Even the Flag Code of India, 2002 does not impose prohibitions on a State flag. The Code expressly
authorises the flying of other flags under the condition that they should not be hoisted from the
same masthead as the national flag or placed higher than it.

By implication, the Code provides space for a State flag as long as it does not offend the dignity and
honour of the national flag.

Can states have their own flags?

1. Allowing one state to have its own flag could trigger demands from other states too.

2. Arguments in favour of the decision stresses on the fact that states in both Germany and USA
have their own flags without any danger of their imminent disintegration.

Sources: the Hindu.