Context:

Recently, the Law Commission solicited views on Uniform Civil Code (UCC) from the public.

Origin of Uniform Civil Code:

• 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.

About Uniform Civil Code:

• A Uniform Civil Code essentially means a common set of laws governing personal matters such as marriage, divorce, adoption, inheritance and succession for all citizens of the country, irrespective of religion. 
• Article 44 of the Constitution lays down that the state shall endeavor to secure a Uniform Civil Code for the citizens throughout the territory of India.
• Currently, different laws regulate these aspects for adherents of different religions and a Uniform Civil Code is meant to do away with these inconsistent personal laws.
• Goa is the only state in the country that has a UCC. But the Goa Civil Code was given by the Portuguese in 1867.

Does India not already have a uniform code in civil matters?

• Indian laws do follow a uniform code in most civil matters – Indian Contract Act, Civil Procedure Code, Sale of Goods Act, Transfer of Property Act, Partnership Act, Evidence Act etc. 
• States, however, have made hundreds of amendments and therefore in certain matters, there is diversity even under these secular civil laws. 
  • For Example: Recently, several states refused to be governed by the Uniform Motor Vehicles Act, 2019.
• If the framers of the Constitution had intended to have a Uniform Civil Code, they would have given exclusive jurisdiction to Parliament in respect of personal laws, by including this subject in the Union List. 
  • But “personal laws” are mentioned in the Concurrent List. 

Arguments in Favor of UCC:

• Promotes Integration: The Centre believes the personal laws based on religion are an “affront to the nation’s unity” but adds that the UCC will ensure the integration of India by bringing different communities on a common platform. 
• Equality and Justice: The UCC ensures that all citizens, regardless of their religious or cultural background, are treated equally and have equal rights and opportunities. 
• Secularism: Implementing a UCC reinforces the secular character of the state by separating personal laws from religious practices. 
• Gender Equality: Many personal laws in various religious communities have provisions that discriminate against women in areas such as marriage, divorce, inheritance, and maintenance. A UCC would help address these inequalities.

Arguments Against UCC:

• Violates Fundamental Rights: It violates the constitutional freedom to practice the religion of choice which allows religious communities to follow their respective personal laws. 
  • For example, Article 25 gives every religious group the right to manage its own affairs. Article 29 gives them the right to conserve their distinct culture.
• Challenge in Implementation: It is also argued that if codified civil laws and criminal laws like the CrPC and IPC don’t follow  ‘one nation, one law’, then how can this diktat be applied to diverse personal laws of various communities.
  •  For example, the Indian Evidence Act of 1872, a federal act, was amended by the governments of West Bengal and Tamil Nadu
• Cultural Diversity: India is a diverse country with multiple religions, cultures, and traditions. Opponents of the UCC contend that imposing a uniform code might undermine the rich cultural diversity.
• Potential Backlash: Introducing a UCC without proper dialogue and consensus-building among different religious communities could lead to social and political tensions.

Views of Supreme Court about the UCC:

• Mohd. Ahmed Khan vs Shah Bano Begum judgment: In it  ‘Mohd. Ahmed Khan vs Shah Bano Begum’ judgment of 1985, where a divorced Muslim woman demanded maintenance from her former husband, the apex court while deciding whether to give prevalence to the CrPc or the Muslim personal law, called for the implementation of the UCC.
• The Supreme Court also called on the government to implement the UCC in the 1995 Sarla Mudgal judgment as well as in the Paulo Coutinho vs Maria Luiza Valentina Pereira case (2019).

Views of the Law Commission:

• The 21st Commission had released a consultation paper in 2018 that categorically said a uniform civil code was “neither necessary nor desirable” at this stage.
• Recommendations:
  • Discriminatory practices, prejudices and stereotypes within a particular religion and its personal laws should be studied and amended. 
  • Certain measures in marriage and divorce that should be uniformly accepted in the personal laws of all religions. 
  • It also called for the abolition of the Hindu Undivided Family (HUF) as a tax-exempt entity.

Way Forward:

• Collaborative Approach: 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.
• Brick by Brick Approach: Rather than an omnibus approach, the government could bring separate aspects such as marriage, adoption, succession and maintenance into a uniform civil code in stages. 
• Gender-Sensitive Approach: The government would also do well to complement the overdue move towards a uniform civil code with a comprehensive review of several other laws in the context of gender justice.
• Pan-India Approach: Bringing Jammu and Kashmir into the country’s mainstream of family laws is an exercise that needs to be undertaken also for Goa, Daman and Diu, Puducherry, Nagaland and Mizoram.

News Source: The Hindu

DOWNLOAD PDF

Context:

Over the last few years, there has been incredible momentum in U.S.-India ties, driven primarily by their defense relationship. 

The Background:

• The Visit: Recently, the United States Secretary of Defence traveled to India to reinforce the major defense partnership and advance cooperation in critical domains. 
• Defence Industrial Cooperation: An agreement on a road map for defense industrial cooperation, announced as part of the U.S.-India initiative on Critical and Emerging Technology (iCET) agreement, was secured. 
• Technological Cooperation: The road map envisages boosting defense manufacturing in India through greater technological cooperation. 

Objectives of the Visit:

• Innovation & Cooperation: Technological innovation and growing military cooperation. 
• Strengthening & Collaboration: Strengthening of the bilateral defense relationship by creating a road map to promote collaboration in the defense industry. 
• Connections through co-development and co-production initiatives: Aims to expedite crucial co-development and co-production initiatives, fostering stronger connections between the defense sectors of the two countries.

Initiatives Taken: Various initiatives have been taken, not only allowing the sharing of sensitive technologies but have also proved to be effective mechanisms to prevent backsliding due to procedural difficulties or structural differences.

• Indus-X: To provide a new impetus to the defense innovation engagement between the two countries. 
• Defence Space Agency: New areas in defense space exchanges have been identified based on the cooperation between the U.S. Space Command and India’s Defence Space Agency.
• Sharing of Technology: India’s ‘Major Defence Partner’ (MDP) status along with the four foundational agreements signed with the U.S. now allow for the sharing of technology and more frequent cooperation. 

India-US Defense Cooperation:

• Two parallel tracks of dialogue began in the 1990s.
• The defense dialogue began in 1995 with the setting up of the Defence Policy Group at the level of the Defence Secretary and his Pentagon counterpart and three Steering Groups to develop exchanges between the Services.
• Bilateral Exercises: India conducts more bilateral exercises with the U.S. than with any other country like Tiger Triumph, Vajra Prahar, Yudh Abhyas, Cope India & Malabar Exercise.
• Defense Trade: Recently, the US had offered a multi-billion dollar sale of 22 Sea Guardian Unmanned Aerial Systems.
• Counter Terror: Both shared a closer cooperation.
• SoS & RDP Agreement: Recently, India and the United States have agreed to initiate negotiations for a ‘Security of Supply’ (SoS) arrangement and a ‘Reciprocal Defence Procurement’ (RDP) agreement which aim to promote long-term supply chain stability and enhance security and defense cooperation.
  • SoS Agreement: A bilateral or multilateral agreement aimed at ensuring the availability and stability of critical supplies, particularly in the field of defense and security.
  • RDP Agreement: A bilateral agreement in the field of defense procurement, which is designed to facilitate reciprocal procurement of defense items and promote cooperation in research, development, and production of defense equipment.

Concerns regarding India-US Defense Cooperation:

• Russia Factor: The US used the Countering America’s Adversaries Through Sanctions Act (CAATSA), according to which, sanctions could be imposed on any country indulging in procurement of weapons from a foreign so-called “rogue” government.
  • It was introduced to predominantly target Iran and Russia.
  • India’s decision to buy S-400 Triumf long-range missiles from Russia has emerged as a major cause of irritation in India-US relations.

The Indo-Pacific Imperative:

• Engagement: The U.S.-India defense partnership is the cornerstone of their engagement in the Indo-Pacific. 
• Global Concerning Issues: The Indo-Pacific including coercive actions by the People’s Republic of China; the aggressive actions of Russia towards Ukraine aimed at forcibly redrawing borders and undermining national sovereignty; transnational issues such as terrorism and climate change. 
• iCET Agreement: The relationships are likely to be supplemented by linking defense start-ups from both countries through an ‘innovation bridge’ that was announced in the iCET agreement.
• Jump Start: The recent steps promise to jump start the The Defence Technology and Trade Initiative (DTTI) by providing specific momentum to co-production and co-development in the defense sector. 

Conclusion:

• The bilateral visit would see a few big ticket announcements, especially in the area of defense cooperation. 
• The sky, it seems, is the limit in the emerging defense partnership between two of the world’s leading democracies. 
• India has to be clear with the US for its non-aligned position to resolve concerns of sanctions issues with relations with Russia.

News Source: The Hindu

DOWNLOAD PDF

Context:

Recently, the United States announced that it will be rejoining the United Nations Educational, Scientific and Cultural Organization (UNESCO).

About United Nations Educational, Scientific and Cultural Organization (UNESCO):

• Establishment: In 1942, during the Second World War, the governments of the European countries, which were confronting Germany and its allies, met in the United Kingdom for the Conference of Allied Ministers of Education (CAME), which resulted in the foundation of UNESCO on 16 November 1945.
• It is a specialized agency of the United Nations (UN), which seeks to build peace through international cooperation in Education, the Sciences and Culture.
• Members: UNESCO has 195 Members and 8 Associate Members and is governed by the General Conference and the Executive Board.
• Headquarter: Paris.
• Missions & Activities: Its programmes contribute to the achievement of the Sustainable Development Goals defined in the 2030 Agenda, adopted by the UN General Assembly in 2015.
  • UNESCO works to create the conditions for dialogue among civilizations, cultures and peoples, based upon respect for commonly shared values.
  • It is through this dialogue that the world can achieve global visions of sustainable development encompassing observance of human rights, mutual respect and the alleviation of poverty, all of which are at the heart of UNESCO’s mission and activities.

What made the US leave UNESCO?

• In 1984, the Reagan administration withdrew from UNESCO for, “advancing Soviet interests”. 
• In 2011, UNESCO inducted Palestine as a member. This led to the US halting the agency’s funding, worth millions of dollars, under then President Barack Obama.
• For historical ties with Israel, as Israel highlighted UNESCO’s criticism of Israel’s occupation of East Jerusalem and the recognition of ancient Jewish sites as Palestinian heritage sites. The US ceased funding UNESCO, leading to a significant accumulation of unpaid dues.
• In 2017, the Trump administration withdrew from the organization after the Obama administration ceased funding, in 2011. 

Reasons for US Re-Entry:

• To Counter China’s Increasing Influence: The senior U.S. administration officials stated that the U.S.’s absence had helped China gain “more influence” in setting the rules around artificial intelligence and the ensuing technological shifts. 
• Edge in AI Technology: With AI, China, along with a rising repertoire of patents and research publications, has the advantages of a much larger population and a more powerful surveillance state. The US wants to take over this edge in AI.
• Global Leadership: Re-entry means re-funding, which would help in driving global agendas and to maintain its leadership.
• Multilateral Engagement: After US withdrawal from funding the UNESCO, World Health Organization and from the Paris Agreement, the re-entry is an opportunity for engagement with various countries.
• UNESCO’s Steps for Climate Change: The US has welcomed UNESCO’s efforts in addressing challenges, improving management, and reducing political tensions in recent years.

Conclusion:

• It is high time that the organizations get stricter on countries exiting and entering on frivolous grounds, alongside framing policies and research that accommodate the tussles of a hyper-connected world.

News Source: The Hindu

DOWNLOAD PDF

Context: 

The Balasore district, Odisha train accident raised questions about safety, signaling, and overcrowding in the railway system.

Challenges in Indian Railway:

• Lack of sincerity and shortcomings in inspections and maintenance: The vastness of the Indian Railways system leads to occasional lapses in safety measures, such as inadequate inspections, improper maintenance, and lack of training among staff.
• Inadequate signaling systems: Manual takeover of signaling during maintenance works can result in errors and increase the risk of accidents. 
• Overcrowding in general compartments: Overcrowded coaches, particularly in general compartments, pose challenges to passenger comfort and safety. 
  • Overcrowding can lead to an increased risk of accidents and fatalities.
• Balancing punctuality and safety: High-density routes face pressure to maintain punctuality, which can lead to limited time for block maintenance works on tracks. 
  • Punctuality often takes precedence over safety in such cases.

Way Forward:

• Strengthen safety systems through regular inspections and prompt addressing of shortcomings.
• Accelerate implementation of safety measures like the anti-collision device (KAVACH).
• Focus on track renewal and grade separation to improve safety and punctuality.
• Conduct judicial probes for major accidents to ensure impartial investigations.

News Source: The Hindu

DOWNLOAD PDF