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Apr 22 2024

Context

The net direct tax collections for the fiscal year 2023-24 reached ₹19.58 trillion, marking a 17.7% increase from the previous fiscal year 2022-23. 

Direct Tax Collections in FY23-24

Direct Tax

  • Exceeding Budget Estimates: This figure surpassed the initial budget estimate by ₹1.35 trillion and the revised estimate (RE) mentioned in the interim budget by ₹13,000 crore.
    • If refunds are added to the collection, the resultant gross direct tax collection grew 18.5 per cent to Rs 23.37 trillion during FY24 from Rs 19.72 trillion during FY23.
    • Refunds of Rs 3.79 trillion were issued during 2023-24, showing an increase of 22.7 per cent over Rs 3.09 trillion issued the previous year.
  • Rise in Personal Income Tax Collection: In FY24, the actual growth in personal income tax collection exceeded expectations, reaching 25.3% compared to the 22.7% projected in the Revised Estimates (RE) over the FY23 collection. 
  • Significance of Increased Income Tax Collections: Net income tax collections surged by 25.2%. This is significant for two reasons:
    • The higher tax payments suggest increased earnings, indicating prosperity among taxpayers. 
    • It may indicate an expansion of the tax base.
  • Lower than Anticipated Corporation Tax Growth: The growth in corporation tax was lower than anticipated, standing at 10.3% instead of the 11.7% forecasted in the RE.
    • The government reduced the corporation tax rate to 22% (25.17% including cess and surcharge) from the previous 30% starting from FY20 for companies that do not utilize any exemptions or incentives. 
    • The tax rate was lowered to 15% for newly established domestic companies incorporated on or after October 1, 2019, engaged in fresh investments in manufacturing until March 31, 2023. 
    • This deadline was subsequently extended until March 31, 2024.
  • Trend in Indirect Tax Collection: As indirect tax collection exceeded the RE for FY24, it is anticipated that the total tax revenue will surpass the RE. 
    • The indirect tax collection for FY24 surpassed the RE of Rs 14.84 trillion by a considerable margin, primarily due to record GST collection.

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Direct Tax

About Direct Tax

  • About: It is a type of tax that is levied directly on the income, wealth, or property of individuals or organizations. 
    • Unlike indirect taxes, which are levied on goods and services and are paid indirectly by consumers (such as sales tax or VAT), direct taxes are paid directly to the government by the taxpayer. 
  • Significance:  The tax rate increases as income or wealth increases which promotes a sense of fair distribution of the tax burden based on ability to pay. 
    • Income Tax:  Imposed on individual, liable to pay the tax directly to the Government and bear the burden of the tax himself.
    • Corporation  Tax: Levied on the profit of corporations and companies.

Government Initiatives to Improve Direct Taxes

  • Faceless E-assessment Scheme (2019) & Faceless Appeals(2020):  It removes direct interaction between taxpayers and assessing officers/ appellate authorities fostering transparency and reducing bias. 
  • Document Identification Number (DIN):  A unique DIN is assigned to every communication related to tax matters, facilitating easy tracking and verification.
  • Advance Pricing Agreements (APAs): It allows taxpayers and tax authorities to pre-agree on how to price international transactions, minimizing future disputes and fostering certainty.
  • Direct TaxVivad se Vishwas Act, 2020: It provides a window for settling pending direct tax disputes, offering reduced penalties and fees for timely resolution. 

About Indirect Tax

It is the tax levied on the consumption of goods and services. It is not directly levied on the income of a person. 

  • Indirect tax is generally imposed on suppliers or manufacturers who pass it on to the final consumer.
Also Read: Taxation Systems In India: Classification & Types

 

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Context

A team of Chinese engineers and scientists have developed the world’s first satellite that lets smartphones place a call directly through it, instead of mobile towers. 

Tiantong Project 

Tiantong Project

  • Background: The idea for such a satellite came about after 2008, when Sichuan, a province in southwestern China, was struck by a devastating magnitude-8 earthquake, resulting in the tragic loss of over 80,000 lives.
    • The situation was made worse by the communication breakdowns in affected areas which severely hindered rescue operations, thus compounding the crisis.
  • About: In response to the disaster, the Chinese government started to provide universal access to communication services irrespective of socio-economic status.
  • Deployment of the Tiantong-1 series: The project involves launching three satellites orbiting synchronously at an altitude of 36,000 kilometers. 
    • This has the potential to revolutionize communication across the Asia-Pacific region, from the Middle East to the Pacific Ocean.

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  • Huawei’s Satellite-Compatible Device: Huawei Technologies introduced the world’s first smartphone capable of satellite calls. 
    • These smartphones were compatible with the Tiantong satellites. Globally, the first smartphone to advertise satellite calling as a feature was the iPhone 14.
  • Significance: In case of an emergency where mobile connectivity may be severely impacted because of a natural calamity or any other disaster, people can call for help directly, by connecting to an overhead communication orbiter.
Also Read: Embedded SIM For M2M Communication

 

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Context

NASA’s Perseverance Rover, named Percy, in 2023 created the first “sample depot on Mars” by deploying ten rock sample tubes. 

  • These tubes are intended to be brought back to Earth as part of the Mars Sample Return mission.
  • Challenges for Mars Sample Return mission: The return program has been described as highly constrained and challenging due to the huge cost burden and execution schedule in 2040. 
    • NASA is collaborating with internal departments to formulate a fresh strategy grounded in innovative and established technology. 

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Mars Sample Return Mission

Mars Sample Return Mission

  • About: It aims to deliver material from the Martian surface to Earth.
  • NASA and ESA Collaboration: Both NASA and the European Space Agency are working together on it.
  • Transporting Samples for Mars Ascent: ESA’s “fetch” rover is supposed to take the samples collected by Perseverance and take them to a NASA-provided Mars ascent vehicle which will then launch into Mars’s orbit. 
  • Bringing Samples Back to Earth: Then, an Earth Return Orbiter will take these samples from the ascent vehicle and bring them back to Earth.

Mars Sample Return Mission

About Perseverance Rover

  • Objective:  To study signs of ancient life, and collect samples of soils & rocks that can be sent back to Earth for future missions.
  • Mission Duration: At least one Mars year (approximately 687 Earth days)
  • Launched: July 30, 2020, from Cape Canaveral Air Force Station, Florida.
Also Read: Six Space Missions In 2024: By NASA

 

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Context

Recently, Meta introduced its most capable Large Language Model (LLM) “Llama 3”. 

Meta Introduces Real-Time Image Generator and Upgraded Llama AI Model

  • Meta also introduced an image generator, which updates pictures in real-time even as the user types out the prompt. 
  • Llama or Large Language Model Meta AI is a family of LLMs introduced by Meta AI in February 2023. 
  • Meta released Llama 2 in July last year, a significantly upgraded version of its first LLM.

About Llama 3

  • Structure: It is based on the Llama 2 architecture and has been released in two sizes, 8B and 70B parameters. 
    • Both sizes come with a base model and an instruction-tuned version that has been designed to augment performance in specific tasks. 

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  • Characteristics Features:
    • Significant Performance: It is claimed to be the most sophisticated model with significant progress in terms of performance and AI capabilities. 
      • According to the company, the post-training processes have led to greatly improved capabilities like reasoning, code generation, and instruction following making Llama 3 more steerable.
      • Llama 3 can be used to create different forms of texts such as poems, code, scripts, and musical pieces. It can summarise factual topics and can also be used to translate languages.
    • Powering Conversation: The instruction-tuned version is meant for powering AI chatbots that are meant to hold conversations with users.
    • Open-source Ethos: It has also embraced an open-source ethos of releasing early and enabling the dev community (a community of software engineers) to get access to the models while they are still in development. 
      • According to Meta, it has built the best open-source models that are on par with the best proprietary models available today. 
    • Strengthen Interaction: All models of Llama 3 support context lengths of 8,000 tokens. This allows for more interactions, and complex input handling compared to Llama 2 or 1.
      • More tokens here mean more content input or prompts from users and more content as a response from the model. 
    • Safety & Security: Meta has said that it is dedicated to developing Llama 3 in a responsible way. It offers various resources to help others use it responsibly as well. 
      • This includes introducing new trust and safety tools with Llama Guard 2, Code Shield, and CyberSec Eval 2.
    • Integration: Meta said that it has integrated Llama 3 into Meta AI which can be used on Facebook, Instagram, WhatsApp, Messenger, and the web. 
      • It is readily available for developers as Meta has integrated the LLM into the Hugging Face ecosystem. 
      • It is also available via Perplexity Labs, Fireworks AI, and on cloud provider platforms such as Azure ML and Vertex AI.
Also Read: Krutrim AI- India’s Own AI Model

 

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Context

The Andhra Pradesh High Court (HC) ruled that textbooks dealing with mathematical equations and science subjects do not come under copyright law, as their content is non-literary.

Andhra Pradesh High Court Rules in Favor of Fair Use in Academic Publications

  • Challenge Government Order on Publishing Restrictions: The HC granted permission to challenge a 2010 government order that imposed restrictions on private schools and colleges regarding the publication of their own books.
    • The HC responded to a plea from a publishing house in Guntur.
  • Quash of Criminal Case against Publishing House: The court quashed the criminal case against the publishing house’s owner while directing the state government not to interfere with the “legitimate business activity” of publishing books.

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Claiming Copyright Over Textbooks – Background of the Case

  • Government Order: The owner of Deepthi Publications sought to quash a 2010 AP government order, meant to restrict private schools and colleges from publishing their books to tackle “piracy.”
  • The order also directed all private colleges to purchase books prescribed by the CBSE and ICSE.
  • Petition: The AP HC addressed a petition filed by Addala Sitamahalakshmi, owner of the Guntur-based Deepthi Publications. 
    • Deepthi Publications publishes maths and science books for school students and books for engineering entrance examinations.
  • Criminal Case against the Publication House: A case was registered against Sitamahalakshmi in April 2011 under Sections 63 and 64 of the Copyright Act of 1957. 
    • Section 63: It states that anyone “knowingly” infringing or abetting the infringement of copyright in a work is liable to be punished with six months to three years of imprisonment, along with a fine of 50,000 to 1 lakh rupees.
    • Section 64: It deals with the police’s power to seize infringing copies and allows any police officer “not below the rank of a sub-inspector” to seize without a warrant if satisfied that the offence under Section 63 has been committed.
  • Demand by Deepthi Publications: It asserted that their books were aligned with the CBSE and ICSE syllabus and contained exercises and objective questions designed to aid students in preparing for competitive exams. 
    • It demanded that the order should be deemed illegal, arbitrary, and unconstitutional and requested the court to instruct the AP government to refrain from taking any further action against her based on the order. 
    • Additionally,  it sought the annulment of a criminal case filed against her in 2011.

About Copyright

Copyright

Copyright refers to the right given by the law to creators of literary, dramatic, musical, and artistic works and producers of cinematograph films and sound recordings.

  • It includes rights of reproduction, communication to the public, adaptation, and translation of a work. 
  • The 1957 Act aims to safeguard creative works considered to be a creator’s intellectual property.
  • Copyright Infringement: A copyrighted work will be considered “infringed” only if a substantial part is made use of without authorisation
    • In cases of infringement, the copyright owner can take legal action and is entitled to remedies such as injunctions and damages.

Copyright Law in India: Copyright Act 1957

  • Genesis: The Act came into effect from January 1958. 
  • About: It protects “original work” — a creative and independently created expression fixed in a tangible medium. 
  • Alignment with International treaties: The Act conforms with the WIPO Copyright Treaty (“WCT”) and WIPO Performances and Phonograms Treaty (“WPPT”); 
  • Copyright Office: Section 9 of the Copyright Act requires the establishment of an office to be called the Copyright Office for the Act. 
    • The Copyright Office is to be under the immediate control of a Registrar of Copyrights to be appointed by the Central Government.
  • Salient Features: 
    • The law grants the creator/ author of the work the exclusive right to “use, reproduce, distribute, perform, and display their work”.
    • Unlike the case with patents, copyright protects the expressions and not the ideas. There is no copyright in an idea.
    • The law also protects transformative work which is a creative/ artistic work that takes existing material (text, music, art) and significantly modifies, reinterprets, or builds upon it to create something new and distinct. 

Are Religious Texts Protected under Copyright law in India?

  • Religious texts, in general, are considered part of the public domain thus, they are not subject to copyright protection in India. 
  • However, modern translations of the Bible represent new and creative works developed by the translators. Hence, they are covered by copyright law in India.
  • While the Ramayana and Mahabharata are not protected by copyright, the television series Ramayana created by Ramanand Sagar or B R Chopra’s Mahabharata are “transformative works” that are protected.

Ruling by the High Court

  • Upholding of Publisher’s Actions Under Fair Use Doctrine: The court ruled that the publisher’s actions fell under the fair use doctrine under Section 52. 
    • It added that even if the books printed by it are assumed to be pirated copies of Akademi’s books, their actions would fall under the exception under Sections 52 (1) (a) and 52 (1) (h) of the Act.
      • Section 52: It lists acts that don’t constitute infringement, even in cases where one has a copyright over the work. 
      • Section 52(1)(a): It exempts “a fair dealing with any work” from being termed “infringement” if it’s for private or personal use, like research, criticism or review, or reporting of current events and affairs.
      • Section 52(1)(h): It exempts the publication of short passages from published literary or dramatic works in a collection intended for bona fide or genuine instructional use.
  • Exempt of Textbooks from Copyright Act Due to Lack of Originality: Textbooks don’t fall under the copyright act since to qualify as a copyrighted work, it must be original. 
    • For example, an original literary, artistic, dramatic, or musical work. 
    • The books in question printed by the petitioner are of non-literary nature and hence, they would not fall within the ambit of Section 13 of the Copyright Act, 1957.
  • Upholding Order to Safeguard Against Piracy: The court refrained from nullifying the order, stating that it was implemented to safeguard the Akademi from piracy and to secure the educational prospects of countless students. 
    • The court clarified that the order did not apply to the petitioner since its scope was directed towards private “schools and colleges” rather than a publishing house.

Earlier Cases of Copyright Infringement

  • Copyright infringement by NCERT: The National Council of Educational Research and Training (NCERT), issued a warning against copyright infringement of its educational materials.
    • It stated that anyone who publishes NCERT textbooks for commercial sale or uses the NCERT textbook content in such publication, without obtaining the copyright permission from NCERT, shall be proceeded against in accordance with the Copyright Act 1957.

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National Council of Educational Research and Training (NCERT):  It is an autonomous organization set up in 1961 by the Government of India to assist and advise the Central and State Governments on policies and programmes for qualitative improvement in school education.
  • Chancellor Masters & Scholars Of The University of Oxford vs. Narendra Publishing House (2008):  In this case, Delhi HC dealt with a publishing house’s plea. 
    • It claimed their textbook, based on the syllabus prescribed by the J&K Board of Education for class 11, was being imitated in a book series published by one Narendra Publishing House.
    • Dismissing the claim, the HC held that mathematical questions are expressions of laws of nature. The discovery of such laws cannot confer monopoly to those who describe it. 
    • The reason is that language is a limited medium, which enables the description of such laws of nature in only a few ways.
  • Eastern Book Company v. D.B. Modak, 2008: In this case, the SC held that work must involve the author’s selection, coordination, or arrangement of pre-existing data in a manner that results in a work of somewhat different character, rather than a mere verbatim reproduction.
Also Read: Generative AI And Copyright Infringement

 

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Context

World Earth Day is celebrated annually on April 22nd to support environmental conservation efforts. 

  • World Earth Day, also known as International Mother Earth Day, is a globally recognised event dedicated to raising awareness and promoting the sustainability of our planet.

About World Earth Day 2024

World Earth Day

  • World Earth Day 2024 Theme: The theme for Earth Day 2024 is “Planet vs. Plastics .” 
    • This theme emphasizes the need for collective action to repair and heal the planet’s ecosystems, combat climate change, and preserve biodiversity.
  • Significance: World Earth Day holds significance as a global initiative to raise awareness about environmental issues and inspire action
  • It serves as a reminder that everyone has a shared responsibility for the health of the planet and that corporations, governments, communities, and individuals must work together to achieve this goal.

Origin of World Earth Day

  • Background: The concept of World Earth Day can be traced back to the late 1960s, which saw a surge in public debate over environmental issues.
    • Rachel Carson’s book Silent Spring (1962) and the Santa Barbara oil spill (1969) raised awareness about environmental destruction.

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EARTHDAY.ORG: 

  • About: Growing out of the first World Earth Day in 1970, EARTHDAY.ORG is the world’s largest recruiter to the environmental movement, working with more than 150,000 partners in over 192 countries to drive positive action for our planet. 
  • Mission: It’s mission is to diversify, educate and activate the environmental movement worldwide.
  • Acceptance of Idea: However, it was first accepted in the USA when the UN officially acknowledged it in 1972 after peace activist John McConnell proposed the idea of celebrating a day in honor of the Earth and peace.
    • It began from Gaylord Nelson, a US senator, who sought to infuse the energy of student anti-war protests with an emerging public consciousness about air and water pollution” during this time. 
    • He recruited activist Denis Hayes to organize campus teach-ins and scale the idea to a broader public. 
    • The duo chose April 22 as the date — then a weekday falling between Spring Break and Final Exams to maximize student participation.

Goals Laid for Environment Protection on World Earth Day 2024

  • Reducing Plastic Production: On this World Earth Day 2024, EARTHDAY.ORG renewed its commitment aiming for a 60% reduction in plastic production by 2040 to safeguard both human and planetary health. For this, it has outlined several key objectives:
  • Raising Awareness: The campaign prioritizes spreading awareness about the detrimental effects of plastic on human and environmental health. 
    • It calls for increased research into the health implications of plastic exposure and advocates for transparency in sharing findings with the public.
  • Phasing Out Single-Use Plastics: It aims to rapidly eliminate single-use plastics by 2030
  • Investing in Innovation: It emphasizes the importance of investing in innovative technologies and materials to pave the way for a plastic-free world.

Indian Government initiatives aligned with World Earth Day:

  • Green Credit Program: Under this, participants can earn Green Credits for a wide range of activities that promote environmental sustainability.
  • Global Biofuel Alliance: Under India’s G20 presidency, the India-led initiative was launched to promote sustainable biofuel usage, offer technical assistance to national biofuel programs worldwide, and enable the exchange of policy practices.
  • International Solar Alliance (ISA): India established ISA with France in 2015 to attract $1 Tn of investment in solar projects by 2030 in solar-rich countries, thereby increasing access to clean energy. 
  • Lifestyle for Environment: It promotes an eco-friendly lifestyle centered around mindful and purposeful use, rather than thoughtless and wasteful consumption.

 

Also Read: 2024 Plastic Overshoot Day Report

 

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Context

The Indian Navy conducted Exercise Poorvi Lehar on the East Coast under the Operational Control of the Flag Officer Commanding-in-Chief, Eastern Naval Command. 

Exercise Poorvi Lehar

Indian Navy Conducted Exercise Poorvi Lehar on East Coast

  • Preparedness for Maritime Security:  The Exercise offered lessons to participating forces operating under realistic conditions, thus, enhancing their readiness to respond effectively to maritime security challenges in the region.
  • Enhancing the Indian Navy’s Combat Readiness: The exercise was conducted in multiple phases, including combat training and the successful conduct of various firings during the weapon phase, towards reaffirming the Indian Navy’s capability to deliver ordnance on target. 
  • Inter-Service Collaboration: The exercise witnessed the participation of assets from IAF, Andaman and Nicobar Command, and Coast Guard indicating a very high degree of interoperability amongst the Services.

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Also Read: Bharat Shakti Exercise 2024

 

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Context

The police commissioner issued an order under Section 144 of the Code of Criminal Procedure to ban transgender persons from begging in public places

  • Transgenders have traditionally sought alms on auspicious occasions as a means to make out a livelihood due to lack of other employment opportunities.
Relevance For Prelims: INDIAN SOCIETY, Fundamental Rights (Article 12-35) , Begging Problem In India, Article 15, The Transgender Persons Protection of Rights Act, and Article 23.

Relevance For Mains: Decriminalizing Beggary, Issues with Transgenders in India.

 

About Transgender

  • Definition: According to Transgender Persons Protection of Rights Act, 2019, Transgender person is one whose gender does not match the gender assigned at birth
    • It includes transmen and trans-women, persons with intersex variations, gender-queers, and persons with socio-cultural identities, such as kinnar and hijra.
  • Population: According to the 2011 census India has 4.88 lakh transgenders.

 

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Begging in India

  • Begging: Also referred to as panhandling, is the practice of soliciting alms or other forms of help from others with little or no expectation of reciprocation. 
    • As per Census 2011, there are 4,13,670 beggars and vagrants in the country.
  • Background: Begging has always been considered a noble deed and part of India’s social and religious construct.
    • Bhiksha: Bhiksha (alms) in Hinduism, Buddhism and Jainism has a long-standing religious and spiritual tradition and was considered important for spiritual freedom.
    • Zakat: A practice of taking specific amounts from the rich to create a balance in society has been a fundamental principle of the Islamic religion. 

Types of Begging: 

  • Apparent Panhandle: Outright begging displaying poor socio economic conditions and disability.
  • Un Apparent Panhandle: Concealed begging where beggars hide themselves behind the symbolic services offered to people such as cleaning cars, train coaches etc. 
  • Seasonal Panhandle: Begging in certain seasons and occasions.
  • Circumstantial Panhandle: Begging to meet urgent needs.
  • Professional Panhandle: Begging as a profession. 
  • Panhandle of an Unable Man: Begging by a patient or the mentally retarded. 
  • Aggressive Panhandle: Begging accompanied by criminal acts such as theft.

Status of Beggars in India:

  • West Bengal has the highest number of beggars i.e.81,000.
  • India has 4,13,670 beggars and vagrants and consists of 2,21,673 male beggars and 1,91,997 female beggars.
  • The number of beggars has fallen by 41% since the last Census of 2001, which recorded the number of beggars at 6.3 lakh.
  • Religious Orientation of Beggars: 72.2% of beggars are Hindus, while 24.9% of beggars are Muslim.

Reasons for Begging in India

  • Economic Considerations: Economic factors like poverty, unemployment, underemployment, income loss, etc. often lead to individuals begging. 
    • It is often viewed as easy money by some and also adopted as a profession. 
  • Lack of Employment Opportunities: Often, transgender people and other outcasted people lack employment avenues, thus pushing them into begging.
  • Urbanization and Migration: Rapid urbanization and migration also contribute to begging menace. People from rural areas may migrate to cities in search of better opportunities, but they may end up begging if those opportunities are scarce.
  • Natural Tragedies: Famines, earthquakes, droughts, tornadoes, or floods may inflict major damage to property or farmland, forcing people to flee their homes or resort to begging to alleviate hunger pains.
  • Psychological Issues: Beggary may sometimes be caused by a person’s poor psychology. Those reasons include frustration, reluctance to labour, and a proclivity toward solitude. 
  • Social Issues: Social factors such as family disintegration, widowhood, orphanhood, social ostracization etc. have also led to rise in begging conditions 
  • Physical Disability: Lack of suitable provisions in India for the treatment or social rehabilitation of the blind, deaf, dumb, or physically disabled. In the lack of any other option, such people are forced to beg.
  • Forced Begging: Begging has become a significant industry in India especially in metropolitan cities of Delhi, Bangalore, Mumbai, Kolkata etc. The revenues of the day are distributed among the beggars, and each leader allocates his group to a certain zone.
  • Inadequate and insufficient reach of Social Welfare Programmes for the homeless, unemployed, and mentally ill.

History of Criminalization of Begging in India

  • Colonial Origins
    • European Vagrancy Act, 1869: Introduced by the British to control begging among Europeans in India, this act marked the beginning of formal laws against vagrancy in India.
    • Criminal Tribes Act, 1871: The act extended the criminalization of certain behaviors to marginalized communities, notably “eunuchs” (used to refer to transgender), who were targeted for their public performances.
  • Pre-Independence Acts: A series of dedicated laws, including The Bengal Vagrancy Act, 1943, The Bombay Beggars Act, 1945, and The Madras Prevention of Begging Act, 1945 were enacted pre-independence to criminalize begging.
  • Post-independence: The Bombay Prevention of Begging Act, 1959, which draws heavily from The Bombay Beggars Act, 1945, is the model anti-beggary law across the country. Some states, like Gujarat, have directly adopted this Act.
  • Contemporary laws: Many states such as Karnataka, Uttar Pradesh and Andhra Pradesh, have developed their own anti beggary acts. 
    • However, in contrast, the more recent Rajasthan Rehabilitation of Beggars or Indigents Act, 2012, focuses on rehabilitation without a ban on begging.

Constitutional Provisions of Begging in India

  • 9th entry of the State list– “Relief of the disabled and unemployable” has been described as the state subject. 
  • Article 41 of Directive Principles of State Policy guides the state to carry out welfare measures in its own capacity. 
  • Article 23 of the constitution prohibits trafficking of humans, beggars and forced labor.
  • Section 363-A of the Indian Penal Code treats acts of kidnapping, or maiming individuals for the purpose of forcing them into acts of begging as an offense.
  • Article 14 and Article 21: Anti-begging acts have been nullified on the basis that such acts are is discriminatory and violate the right to life with dignity.

 

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Judicial Pronouncement on Criminalization of Begging

  • Suhail Rashid Bhat v State of Jammu and Kashmir (2019): The Jammu and Kashmir High Court ruled against the prohibition of communicative activity by beggars in public spaces, stating it violated their rights under Article 19(1)(d) of the Constitution and criminalized poverty.
  • Harsh Mander v Union of India (2018): The Delhi High Court struck down the Bombay Prevention of Begging Act, 1959, as applied to Delhi, holding that begging itself is not a crime. The court emphasized that begging is often a result of socio-economic deprivation.
    • Justice Gita Mittal said in her judgment that “Begging is a symptom of a disease, of the fact that the person has fallen through the socially created net.”
  • Public interest litigation (2021): The SC refused to entertain the petitioner’s plea to restrict beggars from public places amid the Covid-19 outbreak. The court acknowledged begging as a socio-economic issue that can only be addressed by the state.
  • Criminalizing Begging Against Right To Life: The criminalizing of begging makes people choose between committing a crime or not committing one and starving, which goes against the Article 21 i.e. Right to Life.

Impacts of Criminalization of Transgender Begging

  • Marginalization and Economic Hardship: Transgender individuals relying on traditional practices such as chola (begging), badhai, etc. will suffer immensely due to criminalization of begging as it restricts their primary means of livelihood, pushing many further into poverty and destitution.
    • Example: Bombay Prevention of Begging Act, 1959, has been used to target transgender individuals involved in traditional alms-seeking activities at weddings and childbirth celebrations, known as ‘mangti’ and ‘toli-badhai’.
  • Arbitrary Detention and Police Abuse: Anti-beggary laws provide the police with broad powers to arrest without a warrant, leading to the arbitrary detention of transgender persons. These individuals are often subjected to harassment, illegal detention, and sometimes even torture while in custody.
  • Violations of Fundamental Rights: The enforcement of these laws against transgender individuals are violations of fundamental rights as observed in various judicial pronouncements.
  • Stigmatization and Discrimination: Bans and criminalization of begging further stigmatizes transgender individuals and accentuates discrimination against them.
  • Colonial Prejudices and Structural Discrimination: Policing of transgender individuals and the criminalization of begging are rooted in colonial prejudices, exacerbating the marginalization and violence faced by transgender communities.
  • Barrier to Inclusion and Support: Criminalizing begging also acts as a barrier to the social inclusion and economic empowerment of transgender individuals. By focusing on punitive measures rather than support, the government misses opportunities to address the underlying causes of begging.

 

Progress of Rights of Transgender People

  • Beginning of Activism(1992-1999): Gay rights activism emerged in 1992 and inaugural Gay Pride Parade took place in Kolkata in 1999.
  • Legal Turning Point: In 2009, Delhi High Court, in Naz Foundation v. Govt. of NCT of Delhi, decriminalized consensual homosexual acts, affirming constitutional rights.
  • Suresh Kumar Koushal vs NAZ Foundation case: In 2013, the Supreme Court reinstated Section 377. MP Shashi Tharoor’s 2015 attempt to legalize homosexuality faced rejection in the Lok Sabha.
  • 2014 Nalsa Case: The ruling in National Legal Services Authority (NLSA) v. Union Of India, gave legal recognition for third gender and court recognized that fundamental rights are available to the third gender in the same manner as they are to males and females. 
  • K.S. Puttaswamy Case: In 2017 the Supreme Court recognized the right to privacy as a fundamental right.
  • Decriminalization of same-sex relations between consenting adults: In 2018, the Supreme Court finally declared Section 377 unconstitutional.
  • Transgender Persons (Protection of Rights) Act: In 2019, Parliament passed this act to provide for protection of rights of transgender people, their welfare, and other related matters.

Impact of Begging on Individual and Society

  • Impact on Society:

    • Economic Strain: Begging can perpetuate poverty cycles and economic strain. It can also influence public perception and deter tourism and investment in affected areas.
    • Social Issues: Begging is intertwined with various social ills like exploitation, human trafficking, and child labor. These practices degrade societal norms and values, creating cycles of dependency and abuse.
    • Discrimination and Social Exclusion: Those who beg may face discrimination and social exclusion, particularly if they have an evident physical or mental handicap.
    • Legal and Policy Challenges: The legal framework around begging in India is complex and varies by state. Laws criminalizing begging lead to repeated cycles of arrest and release that fail to address the underlying social and economic issues.
  • Impact on Individuals:

    • Health Risks: Individuals who beg are often exposed to severe health risks due to unsanitary living conditions, lack of access to healthcare, and the physical demands of begging.
    • Vulnerability to Exploitation: Beggars, especially women, children, and disabled individuals, are extremely vulnerable to various forms of exploitation. This includes physical abuse, sexual exploitation, and being forced into begging by organized crime syndicates.
      • According to data by the Registrar General of India, the number of children) engaged in begging are the highest in Uttar Pradesh (10,167). U.P. is followed by Rajasthan (7,167), Bihar (3,396), and West Bengal (3,216).
    • Lack of Access to Basic Services: Many beggars lack access to basic life services such as safe shelter, nutritious food, clean water, and educational opportunities. This deprivation not only affects their quality of life but also limits their future opportunities.

Way Forward

  • Reforms in Anti-Begging Laws in India: There is a need to reform these laws to reduce the punitive measures taken against beggars and focus more on rehabilitation and integration into society​.
    • Example: The implementation of the Transgender Persons Protection of Rights Act, 2019, is an example of legislative progress aimed at protections for all vulnerable populations prone to begging.
  • Policy Initiatives: Schemes and policies aimed at protection, empowerment and rehabilitation of beggars and vulnerable populations is necessary.
    • Example: Support for Marginalized Individuals for Livelihood and Enterprise (SMILE)  focuses on comprehensive rehabilitation, including medical facilities, counseling, education, and skill development of vulnerable sections.
  • Community and NGO Engagement: Engagement of masses through awareness campaigns by NGOs, to educate the public about the causes and realities of begging, can change public perceptions and reduce the stigmatization of beggars.
  • Economic Integration: The beggars need to be made part of the mainstream society by providing job opportunities and skill development for individuals who have resorted to begging. 
  • Social Safety Nets: There is a need to improve social safety nets to provide a basic income and healthcare benefits to those at risk of begging. This could prevent the need to beg for financial survival.

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Conclusion

The state must ensure the progressive realization of social and economic rights, through supportive measures rather than punitive measures to address the root causes of begging and marginalization.

Also Read: Centre Notifies Panel On Issues Of Queer Community

 

Prelims PYQ (2020): 

In India, Legal Services Authorities provide free legal services to which of the following type of citizens?

1. Person with an annual income of less than Rs. 1,00,000 

2. Transgender with an annual income of less than Rs. 2,00,000 

3. Member of Other Backward Classes (OBC) with an annual income of less than Rs. 3,00,000 

4. All Senior Citizens 

Select the correct answer using the code given below: 

(a) 1 and 2 only 

(b) 3 and 4 only 

(c) 2 and 3 only 

(d) 1 and 4 only

Ans: (a)

 

Mains Question: Critically analyse the constitutional validity and social implications of banning transgender persons from begging in public spaces. (10 M, 150 Words)

 

Must Read
NCERT Notes For UPSC UPSC Daily Current Affairs
UPSC Blogs UPSC Daily Editorials
Daily Current Affairs Quiz Daily Main Answer Writing
UPSC Mains Previous Year Papers UPSC Test Series 2024

 

Context

Recently, the Vice-President of India greeted the people on the occasion of ‘Mahavir Jayanti’ (April 21st, 2024).

Relevance For Prelims: UPSC Notes For Ancient History Of India, Indian Society, Jainism And Buddhism: Difference And Similarities.

Relevance For Mains: Jainism and Contemporary Relevance of Lord Mahavir’s Teachings

About Mahavir Jayanti

  • Festival of Jainism: Mahavir Jayanti, also known as Mahavir Janma Kalyanak is one of the most significant festivals in Jainism, celebrating the birth anniversary of Lord Mahavir, the 24th and last Thirthankara of Jainism.
  • Celebrations: Celebrated by Jains around the world, Mahavir Jayanti is observed through religious processions, prayers, chants, and sermons. The day is marked by celebration, reflection, and a renewed commitment to the teachings of Lord Mahavir.
  • Commitments: On this day when Jains pledge and vow to practise compassion towards all living beings. 
    • Mahavir Jayanti promotes the values of tolerance, compassion, and non-violence towards all and serves as a reminder for people to think about their actions and aim to live a life of righteous nature and morality.
    • Donations are also made in order to contribute towards saving animals from slaughter.

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About Lord Mahavir

Jainism

  • Historical Background: 
    • Birth: He was born as Vardhamana into the royal family, to King Siddhartha and Queen Trishala, in the early part of the 6th century BCE in Kundagrama, which is in modern-day Bihar, India.
      • He was born on the Trayodashi (13th) date of Shukla Paksha (the bright half) of the Hindu month of Chaitra, which falls in late March or early April as per the Gregorian calendar.
      • His birth date, however, is sometimes debatable, the Swetambar Jains believe that he was born in 599 BC, while the Digambar Jains believe he took birth in 615 BC.
    • Spiritual Awakening: Mahavir, or the ‘great hero,’ renounced his royal status and familial ties at the age of 30 to seek spiritual awakening
      • After 12 years of intense meditation and ascetic life, Mahavira attained Kevala Jnana (omniscience or supreme knowledge) hence, was also called Sage Vardhamana and preached non-violence (ahimsa) and spent the next 30 years travelling around India to teach his philosophy.
      • He delivered his first sermon at Pava.
    • Symbol: A symbol was associated with every Tirthankara and Mahavira’s symbol was a lion.
    • Enlightenment: He got his name for his exceptional control over his senses. Seeking truth and spiritual freedom, he attained enlightenment (Nirvana) at the age of 72 in 468 B.C. at the Pavapuri in Bihar.
  • Contribution: Mahavir, renowned as a teacher who propagated Dharma in Jainism.
    • He is known for his teachings of non-violence, compassion, and the importance of leading a simple and austere life.
    • His core teachings included Ahimsa (non-violence), Satya (truth), Asteya (non-stealing), Brahmacharya (chastity), and Aparigraha (non-attachment), which later became the fundamental principles of Jainism.
    • Important Disciple: Indrabhuti Gautama was the main disciple of Mahavira, who wrote his master’s teachings for the benefit of the world.

About Jainism

  • Origin: Jainism came to prominence in the 6th century B.C. when Lord Mahavir propagated the religion. 
    • The word ‘Jain’ is derived from jina or jaina which means the ‘Conqueror’.
    • The doctrine of Jaina is older than the Buddhist doctrine.
  • Cause of Origin:
    • Rigidity of Hinduism: Hinduism had become rigid and orthodox with complex rituals and dominance of Brahmins and Kshatriyas reacted against the domination of the Brahmanas.
    • Use of Iron: Spread of the new agricultural economy in north-eastern India due to the use of iron tools.
  • Tirthankaras: Tirthankaras are people who had attained all knowledge (Moksha) while living and preached it to the people and there were 24 Tirthankaras.
    • The first Tirthankara was Rishabnatha and the last – 24th Tirthankara was Vardhaman Mahavir.
  • Belief: Jains believe that Jainism is an eternal (sanatan) religion (dharma) with the tirthankaras guiding every cycle of the Jain cosmology. 
    • Parasparopagraho Jīvānām (the function of souls is to help one another) is the motto of Jainism.
  • The Concept of God: Jainism believes in God but does not believe in God as a creator, survivor, and destroyer of the universe.
    • However, for Jainism God is lower than Jina (Lord Mahavir).
  • Tenets: Jainism mainly aims at the attainment of liberation, for which no ritual is required. It can be attained through three principles called Three Jewels or Triratna as follows:
    • Right Faith (Samyak Darshan)
    • Right Knowledge (Samyak Jnana)
    • Right Action (Samyak Charitra)
  • Doctrines:
    • Ahimsa: Non-injury to living being
    • Satya: Do not speak a lie
    • Asteya: Do not steal
    • Aparigraha: Do not acquire property
    • Brahmacharya: Observe continence
  • Spread: Jainism spread through Sangha, it consists of both women and men.
    • Patronage: Under the patronage of Chandragupta Maurya, Kharavela of Kalinga and the royal dynasties of South India such as the Ganges, the Kadambas, the Chalukyas and the Rashtrakutas.

Sects/Schools of Jainism

  • Major Sects: Jain order has been divided into two major sects: Digambara and Shwetambara. 
  • Digambaras: 
    • Monks of this sect believe in complete renounce of clothes. 
      • Male monks do not wear clothes while female monks wear unstitched plain white sarees.
    • They follow all five vows i.e., Satya, Ahimsa, Asteya, Aparigraha and Brahmacharya.
    • They believe that women cannot achieve liberation.
    • Exponent: Bhadrabahu was an exponent of this sect.
    • Major Sub-Sects: Mula Sangh, Bisapantha, Terapantha, Taranpantha or Samaiyapantha.
    • Minor Sub-Sets: Gumanapantha, Totapantha.
  • Shwetambara:
    • Monks of this sect wear white clothes.
    • They follow only 4 vows (except brahmacharya).
    • They believe that women can achieve liberation.
    • Exponent: Sthulabhadra was an exponent of this sect.
    • Major Sub-Sects: Murtipujaka, Sthanakvasi, Terapanthi

Important Terms Related to Jainism:

  • Asrav: Inflow of karmas to the soul that occurs at every second in life.
  • Samvara: Stoppage of the influx of the material karmas into the soul consciousness.
  • Nirjara: Shedding or removal of accumulated karmas from the atma (soul), essential for breaking free from samsara, the cycle of birth-death and rebirth, by achieving moksha, liberation. It is one of the important principles or tattva in Jain philosophy.
  • Sallekhana: It is the religious practice of voluntarily fasting to death by gradually reducing the intake of food and liquids. It is also known as Santhara.
  • Kaivalya: It is also known as Kevala Jnana, means omniscience in Jainism and is roughly translated as complete understanding or supreme wisdom.
  • Anekantavada: It emphasises that the ultimate truth and reality is complex, and has multiple-aspects i.e., “theory of plurality”.
    • It refers to the simultaneous acceptance of multiple, diverse, even contradictory viewpoints.
  • Syadvada: Syadavada literally means the method of examining different probabilities. Here, all judgments are conditional, holding good only in certain conditions, circumstances, or senses.
    • It believes in Seven modes of prediction (Saptabhangi Nayavada).
  • Difference between Anekantavada and Syadvada: Anekantavada is the knowledge of all differing but opposite attributes whereas Syadvada is a process of the relative description of a particular attribute of an object or an event.

 

Historical Jain Councils:

  • First Jain Council: It was held at Patliputra in 3rd Century B.C. and was presided by Sthulbhadra.
  • Second Jain Council: It was held at Vallabhi in 512 A.D. and was presided by Devardhi Kshmasramana.

Difference of Jainism from Buddhism:

  • God Existence: Jainism recognised the existence of god while Buddhism did not.
  • Varna System: Jainism does not condemn the varna system while Buddhism does.
  • Belief System: Jainism believed in transmigration of soul i.e., reincarnation while Buddhism does not.
  • Path Followed: Buddha prescribed the middle path while Jainism advocates the extreme path, even completely discarding the clothes i.e. life of austerity.

 

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Contribution of Jainism 

  • Language & Literature: They helped in growth of Prakrit and Kannada language. 
    • Vardhaman Mahavir preached in ‘Ardha-Magadhi’ language, the language of the common man.
    • Kalpasutra was written by Bhadrabahu and contains biographies of Tirthankaras.
    • Jain literature is mainly written in Prakrit language.
    • Teachings of tirthankara before Mahavira were known as Purva.
    • Jain literature is called Jain Agamas (canonical text based on Mahavira’s teachings).

Classification of Jain Literature:

  • Agam or Canonical Literature (Agam Sutras): It consists of many texts, which are the sacred books of the Jain religion.
    • They are written in the Ardha-magadhi, a form of Prakrit language.
    • These agamas are further divided into Angas, Mulasutra, Upangas, Prakirnaka Sutra, Chedasutra  and Ulikasutras.
      • The canonical Jain literature is claimed to have started from Adinath, also known as Rishabhnath.
  • Non-Agam Literature: It consists of commentary and explanation of Agam literature, and independent works, compiled by ascetics and scholars.
    • They are written in many languages such as Prakrit, Sanskrit, Apabhramsa, Old Marathi, Rajasthani, Gujarati, Hindi, Kannad, Tamil, German, and English.
  • Philosophy: They introduced a new philosophy – syadvada.
  • Art & Architecture: Statue of Gomateshwara (Shramanbdlogola), temples of Khajuraho and Abu and Tiger cave of Udayagiri and Indra Sabha of Ellora are significant contributions of Jainism.
    • Manasthambha: It is found in the front side of the temple, having religious importance with an ornamental pillar structure carrying the image of Tirthankar on top and on all four cardinal directions.
    • Basadis: Jain monastic establishment or temples in Karnataka.

Significant Architectural Figures of Jainism:

  • Layana/Gumphas (Caves):
    • Ellora Caves (Cave No. 30-35)- Maharashtra
    • Mangi Tungi Cave– Maharashtra
    • Gajpantha Cave– Maharashtra
    • Udayagiri-Khandagiri Caves– Odisha
    • Hathi-gumpha Cave– Odisha
    • Sittanavasal Cave– Tamil Nadu
  • Statues:
    • Gomateshwara/Bahubali Statue– Shravanabelagola, Karnataka
    • Statue of Ahimsa (Rishabnatha)– Mangi-Tungi hills, Maharashtra
  • Jinalaya (Temple):
    • Dilwara Temple: Mount Abu, Rajasthan
    • Girnar and Palitana Temple: Gujarat
    • Muktagiri Temple: Maharashtra
  • Economy: Jainism contributed to the growth of the trading community.

Contemporary Relevance of Jainism

  • Ahimsa (non-violence): Jainism preached non-violence toward all living beings. This value is significant in today’s nuclear world to attain long lasting peace in the society.
    • It can also help to counter growing violence and terrorism.
    • Non-violence is about treating all living beings as equal. The concept of equality is the core of the theory of non-violence. 
    • Killing of the plant kingdom also comes under the ambit of Himsa. As the world marches on towards creating a sustainably developed world, the world must keep our forests intact.
    • The Philosophy that lies behind the creation of UNESCO resembles the thought of Jainism, which declares that, “Since wars begin in the minds of men. It is in the minds of the men that the defense of peace must be constructed.”
      • Jainism believes that all living beings have an equal right to lead a peaceful life.
  • Aparigraha (non-possession): Aparigraha holds the answer to the problems emanating from rampant consumerism, i.e., the depletion of natural resources, climate change, and biodiversity loss, among others. Curtailing the consumption of unnecessary goods directly addresses this issue.
    • This value can help in reducing the issue of global warming by doing away with unwanted luxuries, which produce carbon emissions.
    • Today, newspapers are filled with concerning incidents such as murders, rapes, and fraudulent activities. The main reason for these crimes is the want for more. These activities not only disrupt the social balance but also degrade the societal values of those individuals. 
      • By inculcating this value, these issues can help in combating such serious crimes.
  • Anekantavada: It highlights the spirit of intellectual and social tolerance.
    • Religious tolerance is required, particularly in India, where hundreds of religions and ideas coexist. Blasphemy, mob lynching, and religious rioting can be reduced if everyone understands and adheres to this doctrine.
  • The doctrine of Triratna: It is relevant to liberate humans from the subjugation to liberty and freedom.

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Conclusion

Jainism holds an important position and has been rightly called an ethical religion, which is applicable and relevant today as it was thousand of years ago. The Jain ethos comprehends all aspects of human life and leads to social development, individual happiness, economic advancement and political harmony.

Also Read: Contemporary Relevance Of Buddha’s Teachings

 

Prelims PYQ (2023): 

“Souls are not only the property of animal and plant life, but also of rocks, running water and many other natural objects not looked on as living by other religious sects.” 

The above statement reflects one of the core beliefs of which one of the following religious sects of ancient India? 

(a) Buddhism 

(b) Jainism 

(c) Shaivism 

(d) Vaishnavism

Ans: (b)

 

Mains Question: Indian literature in the ancient period was greatly influenced by Buddhism and Jainism. Analyze the distinctive features of Buddhist and Jain literature along the lines of philosophical and ethical teachings contained in it. (15 marks, 250 words)

 

Must Read
NCERT Notes For UPSC UPSC Daily Current Affairs
UPSC Blogs UPSC Daily Editorials
Daily Current Affairs Quiz Daily Main Answer Writing
UPSC Mains Previous Year Papers UPSC Test Series 2024

 


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