IAS Gyan

Daily News Analysis

DAILY NEWS ANALYSIS 20 AUGUST

20th August, 2019

POLITY

NRC may be tackled via legislative route

National Register of Citizens (NRC) may be tackled through the legislative route.

  • State and Centre has moved to Supreme court for re-verification of names included as they suspect wrongful inclusion and exclusion.
  • NRC would be published on August 31.
  • Publication of first NRC took place in 1951.
  • Court orders are the driving force for its updation.
  • NRC is list to segregate Indian citizens living in Assam from those who had illegally entered the State from Bangladesh after March 25, 1971.
  • Hearing of excluded persons from draft NRC is underway.

 

Reference: https://www.thehindu.com/news/national/nrc-may-be-tackled-via-legislative-route/article29163580.ece

 

Spurt in instant triple talaq cases in U.P.

It has almost been three weeks since The Muslim Women (Protection of Rights on Marriage) Act, 2019 came into practice and Uttar Pradesh is seeing a spurt in cases where Muslim women are lodging FIRs to put their husbands behind bars for giving them instant triple talaq.

Reasons:

  • Act is not acting as deterrent.
  • women are filing complaints under sections of the new Act to add bite to already existing cases of domestic violence and dowry.
  • The act  makes all declaration of talaq, including in written or electronic form, to be void (i.e. not enforceable in law) and illegal.
  • It defines talaq as “talaq” pronounced by a Muslim man resulting in instant and irrevocable divorce. 
  • The Bill makes declaration of talaq a cognizable offence, attracting up to three years’ imprisonment with a fine.  (A cognizable offence is one for which a police officer may arrest an accused person without warrant.) 
  • Magistrate may grant bail to the accused.
  • The offence may be compounded by the Magistrate upon the request of the woman (against whom talaq has been declared).  Compounding refers to the procedure where the two sides agree to stop legal proceedings, and settle the dispute.
  • Victim is entitled to seek subsistence allowance from her husband for herself and for her dependent children. 
  • Supreme Court verdict has already prohibited the instant triple talaq.
  • There is no rationale to criminalise the practice of talaq-e-biddat and imprison Muslim men.
  • Since Muslim marriage is a civil contract between two adult persons, the procedures to be followed on its breakdown should also be of civil nature.
  • The government should strengthen the negotiating capacities of women by providing them economic and socio-legal support rather than criminalising the pronouncement of triple talaq.
  • No economic and socio-legal support is provided by the government in the Bill to women, children and other dependents, when the erring men are put behind bars.
  • The terms of imprisonment up to three years is arbitrary and excessive.
  • Continuous reporting of the Triple talaq cases even after outlawing them by Supreme Court.
  • Discretion has been given to magistrate to provide the bail.
  • Magistrate can also provide maintenance and compensation for the victim and her children.

Triple Talaq Act (The Muslim Women (Protection of Rights on Marriage) Bill, 2019)

Concerns Related to this act:

Justification Behind Criminalization of Triple Talaq:

 

Supreme Court debate:

 

Reference: https://www.thehindu.com/news/national/other-states/spurt-in-instant-triple-talaq-cases-in-up-experts-question-efficacy-of-new-law/article29163612.ece

 

INTERNATIONAL

India’s campaign for permanent seat at UNSC slowing down

Despite repeated assertions of its right to a permanent seat at the UN Security Council, India’s campaign for expansion of the UNSC has slowed down, available official statements suggest.

  • UNGA (United Nations General Assembly) didn’t include UNSC (United Nations Security Council) reform in its resolution after four years for adopting the same in the plans.
  • Ground reality shows poor slow adoption of UNSC reform.
  • Represent one of the largest population in the world.
  • A Major geopolitical player with highest economic growth in the world among the major economies.
  • India sends one of the largest troops for UN peacekeeping missions.
  • It will make UNSC more representative in nature.
  • Help in protecting Indian interest specially Kashmir issue.
  • Will secure membership of all the major export groups . Presently, India doesn’t have membership in Nuclear security group.
  • India will become a key geopolitical player and part of rule making body.
  • Will help in bringing Indian approach to global affairs like peaceful manners to solve global disputes.
  • It will help in targeting terrorism in better way.
  • In the year 2005, when G4 (Brazil, Germany, India and Japan) came with a resolution for the expansion of the council, U.S. and China lobbied very hard with African countries to ensure that they do not vote for the resolution.
  • One country opposing another country’s bid for the permanent membership from a region. For example:
  • Pakistan does not want India to be the permanent member of the council.
  • China has serious objections to Japan being there in the Security Council.
  • Italy trying to compete with Germany in Europe for a place in the Security Council.
  • Argentina does not agree with the fact that Brazil should represent South America in the UNSC as a permanent representative.
  • In Africa, there is still no consensus on which country should represent the region as a permanent member.
  • There are no parameters in the UN Security Council for considering the countries for permanent membership.
  • There is a concern that expansion of the council may lead to a decline in its efficiency and functioning.

Indian Demand for UNSC seat:

Need for UNSC seat:

What is curtailing UNSC reform:

Coffee Club/Uniting for Consensus: 

  • An informal "coffee club", comprising 40-odd members states, has been instrumental in holding back reforms to the United Nations Security Council. Most members of the club are middle-sized states who oppose bigger regional powers grabbing permanent seats in the UN Security Council.
  • India has been securing bilateral assurances from all the major stakeholder for UNSC reforms.
  • India should continue to secure the membership of global groups like Nuclear Security Group (NSG).
  • An economic power with knowledge super house playing a critical role in geopolitical affairs would further strengthen the Indian prospect in UNSC.

Way Forward:

 

U.K. to end EU free movement after Brexit

Government plans ‘tougher criminality rules for people entering the country’.

  • Immediately end the movement for EU(European union) nationals in Britain.
  • Bring tougher criminality rules for people entering the UK.

The change comes amid growing fears Britain is set to leave the 28-member bloc without a divorce deal in two and a half months.

What does Brexit Mean?

It is Shorthand way of saying the UK leaving the EU - merging the words Britain and exit to get Brexit.

 

Reference: https://www.thehindu.com/news/international/uk-to-end-eu-free-movement-after-brexit/article29162497.ece

 

ECONOMY

Govt set to release inflation indices for farm, rural labour

The government is all set to come out with new inflation indices for agricultural and rural labourers to determine their minimum wages, 32 years after they were framed.

  • The Consumer Price Index for agricultural workers (CPI-AL) and rural workers (CPI-RL) were prepared taking 1986-87 as the base year.
  • 2018-19 will become the new base year for consumer price index.
  • Labour bureau is preparing the index.
  • The new base year will reflect the change in consumption pattern.
  • It may push up the rural wages, including the wages paid under MGNREGA.
  • MGNREGS is linked to CPI-RL.
  • It will lead to revision of floor wage under new wage code.
  • The revised indices will also play a role in deciding respectable wage rates at the state level for both rural and agricultural workers.
  • 1987-88 indices doesn’t have much weightage of healthcare, education and recreational activities.
  • Food inflation is the major portion of it. Since, government is already providing rice, wheat, lentils at subsidised rate under food security act, a revision becomes necessary,

Impact:

Need for Revision:

Farm labour:

A person is treated as an agricultural labourer if he or she follows one or more agricultural occupations in the capacity of a labourer on hire, whether paid in cash or kind, or partly in cash and partly in kind.

A rural labourer is defined as one who does manual work in rural areas in agricultural and non-agricultural occupations in return for wages in cash or kind, or partly in cash and partly in kind.