WCR - EDEN IAS: Best IAS Coaching in Delhi, Top UPSC ...€¦ · WCR (WEEKLY CURRENT ROUND-UP) 11-B/8, FIRST FLOOR TEWARI HOUSE, ... MANTRIPRADHAN JAN AROGYA ABHIYAN (PMJAY) 22 6

EDEN IAS

WCR(WEEKLY CURRENT ROUND-UP)

11-B/8, FIRST FLOOR TEWARI HOUSE, OPPOSITE METRO PILLAR NO. 137

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30-SEPTEMBER-2018

TABLE OF CONTENTS

TOPIC PAGE NO.

WEEK 4 30TH-SEPTEMBER

1. ADULTERY NO LONGER A CRIMINAL OFFENCE [ SC SCRAPS SECTION 497 OF IPC ] 01 2. THE AADHAAR VERDICT 06 3. TRIPLE TALAQ: CRIMINALISING TALAQ-E-BIDDAT 11 4. STRONG LAW TO CLEANSE POLITICS 16 5. PRADHAN MANTRI JAN AROGYA ABHIYAN (PMJAY) 22 6. THE LAW OF HAPPINESS 26 7. THE MALDIVIAN OPPORTUNITY 30 8. PREVENTING A CATASTROPHE: ADDRESSING SOIL LOSS 33

11-B/8, FIRST FLOOR, TEWARI HOUSE, OPPOSITE METRO PILLAR NO. 137, PUSA ROAD, KAROL BAGH.

www.edenias.com | CONTACT : 011-40197652 | 9354344200 | 9315215980 | 9315227819 |

EDEN IAS WCR-(Weekly Current Round-Up)1

1.) ADULTERY NO LONGER A CRIMINAL OFFENCE[SC scraps Section 497 of IPC]

Introduction

A five-judge Constitution Bench, led by Chief Justice of India Dipak Misra, in four separate but concurring opinionsheld that adultery is not a crime and unanimously struck down Section 497 of the Indian Penal Code that makesadultery a punishable offence for men.

In four separate but concurring judgments, the five-judge bench of the Supreme Court said the 158-year-old law wasunconstitutional and fell foul of Article 21 (Right to life and personal liberty) and Article 14 (Right to equality).

The apex court also declared Section 198(1) and 198(2) of the CrPC, which allows a husband to bring chargesagainst the man with whom his wife committed adultery, unconstitutional. Chief Justice of India Dipak Misra, whopronounced the judgment in concurrence with Justice AM Khanwilkar, said while adultery could be a ground for civilissues, including dissolution of marriage, it could not be a criminal offence.

What was section 497?

"Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance

of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery."

Use of Section 497 of the IPC in conjunction with Section 198(2) of the CrPC

Section 497 used to be read with CrPC Section 198(2) in the matters of prosecution for offences against marriage. The combined reading of the adultery laws allowed the aggrieved husband of the married woman in adulterous relationship to file a

complaint. But same right was not available to an aggrieved wife if her husband was found to be in an adulterous relationship.

FIRST SUPREME COURT JUDGMENT ON ADULTERY

The adultery law first came under challenge in 1951 in the Yusuf Aziz versus State of Bombay case. Petitionercontended that the adultery law violated the fundamental right of equality guaranteed under Articles 14 and 15 ofthe Constitution.

The dominant argument in the court hearing was that Section 497, governing adultery law, discriminated againstmen by not making women equally culpable in an adulterous relationship. It was also argued that adultery law gavea license to women to commit the crime.




Three years later in 1954, the Supreme Court ruled that Section 497 was valid. It held that Section 497 did not give alicense to women to commit adultery. The judgment said that making a special provision for women to escapeculpability was constitutionally valid under Article 15(3) that allows such a law.

Moreover, in an interesting observation, the Supreme Court said in the judgment that “it is commonly accepted thatit is the man who is the seducer, and not the woman.” The Supreme Court stated that women could only be a victimof adultery and not a perpetrator of the crime under Section 497.

The argument was made to reject the contention that the adultery law was discriminatory against men. However,despite declaring women as “victim only” in the occurrence of the crime of adultery, the court did not allow them tofile a complaint.

SECOND SUPREME COURT JUDGMENT ON ADULTERY

The next important judgment regarding adultery law under Section 497 came in Sowmithri Vishnu versus Union ofIndia case of 1985. The Centre has cited this judgment in its 2018-affidavit to back Section 497 of the IPC.

In Sowmithri Vishnu case, the Supreme Court held that women need not be included as an aggrieved party in thename of making the law even handed. It also explained as to why women should not be involved in prosecution inthe cases of adultery.

The Supreme Court held that men were not allowed to prosecute their wives for the offence of adultery in order toprotect the sanctity of marriage. For the same reason, women could not be allowed to prosecute their husbands.The judgment retained the offence of adultery as a crime committed by a man against another man.

The Supreme Court also rejected the argument that unmarried women should be brought under the purview of theadultery law.

The argument was that if an unmarried man establishes adulterous relationship with a married woman, he is liablefor punishment, but if an unmarried woman engages in a sexual intercourse with a married man, she would not beheld culpable for the offence of adultery, even though both disturb the sanctity of marriage.

The Supreme Court held that bringing such an unmarried woman in the ambit of adultery law under Section 497would mean a crusade by a woman against another woman. The ambiguity related to adultery law remainedunresolved.

THIRD SUPREME COURT JUDGMENT ON ADULTERY

In the next big case—V Revathy versus Union of India of 1988—on adultery law, the Supreme Court held that notincluding women in prosecution of adultery cases promoted “social good”. It offered the couple a chance to “makeup” and keep the sanctity of marriage intact.

The Supreme Court observed that adultery law was a “shield rather than a sword”. The court ruled that the existingadultery law did not infringe upon any constitutional provision by restricting the ambit of Section 497 to men.




THE LAW COMMISSION REPORT AND THE VIEWS OF MALIMATH COMMITTEE

Besides the three Supreme Court judgments, there were two more important legal views in connection with adultery law.

The Law Commission of India Report of 1971 (42nd report) and the Malimath Committee on Criminal Law Reforms of 2003 recommended amendment to

the adultery law. Both argued to make Section 497 of the IPC gender neutral.

A matter of choice

Two individuals may part if one cheats, but to attach criminality to infidelity is going too far, the Chief Justiceobserved. Besides, there is no data to back claims that abolition of adultery as a crime would result in “chaos insexual morality” or an increase of divorce.

How married couples deal with adultery is “absolutely a matter of privacy at its pinnacle”, the Chief Justice wrote.Loss of moral commitment in a marriage creates a dent in the relationship, but it is left to each individual to dealwith the problem — some may forgive while others may seek divorce. Punishing each other or the wife’s lover isunlikely to re-kindle commitment, the judgment said.

Section 497 treats a married woman as the commodity of her husband, the Bench held.




Adultery is not a crime if the cuckolded husband connives or consents to his wife’s extra-marital affair. Section497 treats a married woman as her husband’s “chattel”.

The provision is a reflection of the social dominance of men prevalent 150 years ago, the judgment said.

Section 497 archaic: Justice Nariman

Justice Rohinton Nariman, in his separate opinion but concurring judgment holding that adultery is not a crime, saidSection 497 made a husband the “licensor” of his wife’s sexual choices.

Justice Nariman listed out countries which had repealed adultery as a crime, starting with the People’s Republic ofChina. Justice Nariman, member of the five-judge Constitution Bench that delivered the judgment on Thursdaystriking adultery of the Indian Penal Code, said Section 497 is archaic and based on the chauvinistic reason that the“third-party male” has seduced the woman, and she is his victim. Justice Nariman took the case of a woman who ison the verge of getting a decree of divorce. “If, she has sex with another man, Section 497 still makes the ‘otherman’ guilty of adultery.”

“Husband is not the master... Obituaries should be written of these historic perceptions,” Chief Justice DipakMisra observed.

Codified patriarchy’

Justice D.Y. Chandrachud, in his separate view, termed Section 497 as a “codified rule of patriarchy”.

Marriage does not mean ceding autonomy of one to the other. Ability to make sexual choices is essential to humanliberty. Even within private zones, an individual should be allowed her choice, he observed.

Society imposes impossible virtues on a woman. Raises her to a pedestal. Confines her to spaces. Objectifies herand says she should be pure. But society has no qualms to commit rape, honour killings, sex-determination andinfanticide, Justice Chandrachud admonished.




Justice Chandrachud’s opinion transcended from a mere quashing of Section 497 to a judicial document on thecenturies-old struggle of women against patriarchy. One of the headings in the judgment is titled ‘The Good Wife’— a woman who should not complain even if her husband has a relationship with another woman.

Though adultery is considered to be an offence relating to marriage, the wife of an adulterer has no voice of herown, no agency to complain. If the woman involved in the extra-marital affair happens to be single and has nohusband who is wronged, the law treats the situation with total unconcern, Justice Chandrachud pointed out.

The Bench also held Section 198 (2) of the CrPC, which gives the cuckolded husband the exclusive right toprosecute his wife’s lover, manifestly arbitrary.

Justice Indu Malhotra, reading her opinion the last on the Bench, held that Section 497 is based on the Doctrine ofCoverture. This doctrine, not recognised by the Constitution, holds that a woman loses her identity and legal rightwith marriage, is violative of her fundamental rights.

Conclusion

The verdict shows how jurisprudence around the subject of criminalizing adultery, constitutional morality andsexual agency has evolved through the years. “Decriminalizing adultery is a welcome step on so many levels. Itreflects the journey the law has taken over the years. There was a time when a bench comprising Justice D.Y.Chandrachud’s father had upheld its criminality. So it has been a beautiful journey of interpretation of constitutionalmorality and guarantees to have found a new meaning in today’s times.




2.) THE AADHAAR VERDICT

Introduction

A Constitution Bench of the Supreme Court, led by Chief Justice of India Dipak Misra has upheld the validity ofAadhaar but with riders. It has struck down Section 57 that allows private entities to seek Aadhaar data, but hasallowed the unique number to be used for government schemes and subsidies.

The five-judge Bench also comprised Justices A.K. Sikri, A.M. Khanwilkar, D.Y. Chandrachud and Ashok Bhushan.Among them Justice Chandrachud dissented and declared Aadhaar was not valid.

Though the verdict delivered by a five-judge constitution bench of the Supreme Court on the validity of Aadhaar hasupheld most of the provisions in the Aadhaar Act and also ruled that it does not breach privacy, it has struck downseveral provisions that could have infringed privacy or gave unnecessary exposure to personal information.

Below are a few provisions that the court struck down and the changes it has recommended

Section 57 of the Aadhaar Act revoked. This section of the Aadhaar Act provided that private companies could ask consumers for Aadhaar details for identification purposes. The court's judgement means that private bodies like telecom companies, e-commerce firms, private banks and other such firms cannot ask for biometric and other data from consumers for their services.

Section 33(2) of Aadhaar Act revoked. This provision in the Aadhaar Act allowed sharing of data with security agencies on the ground of national security.

Section 47 of the Aadhaar Act struck down. This section allowed only the government to complain in case of theft of Aadhaar data. Now the individual too can file a complaint.

The SC asked the Centre to bring a robust law for data protection as soon as possible.

Implications of the Aadhaar verdict

The five-member bench ruled that Aadhaar is mandatory for filing of income tax returns (ITR) and allotment ofPermanent Account Number (PAN). So if you are a tax payer or want a PAN card then you cannot run away fromAadhaar.

Most commercial banks, payments bank and e-wallet companies like Paytm had so far been insisting customersto get their KYC done using Aadhaar card and had warned account holders that their services will be blocked incase of failure. Now they cannot seek Aadhaar data. One would still need to fulfil other KYC criteria but Aadhaarauthentication for bank accounts is now a thing of the past.




To buy a new SIM card, your telecom service provider cannot seek Aadhaar details from you. Just providing otherKYC documents like Voter ID card, driving license, etc would be sufficient to get a new SIM card. JusticeChandrachud has favoured deletion of consumers’ Aadhaar data by mobile service providers.




The constitution bench of the top court has also struck down the national security exception under the Aadhaar Act.This will indirectly ensure greater privacy of individual’s Aadhaar data while restricting the government accessibilityto it.

Justice Sikri, while reading out the Supreme Court judgement, said Aadhaar would not lead to a surveillance statebecause the data was kept in silos. The program’s invasion of privacy was minimal and served a much larger publicinterest by providing identities to India’s poor and marginalized citizens.

After going through the Aadhaar scheme and structure, it is difficult to profile a person on the basis of minimalbiometric information collected, the court said.

Justice Chandrachud picks holes on Aadhaar Act

Justice Chandrachud, in his judgment, says individuals cannot be asked to wait upon the vicissitudes of algorithms.He says authentication data can only be retained for six months. Justice Chandrachud also warns leakage fromcentral database will pave way for surveillance. There was no legal or statutory backing for collection of personaldata by pvt entities prior to Aadhaar Act said Justice Chandrachud.

He also differs with the majority judgment on Aadhaar giving dignity of marginalised. “One right cannot take awayanother. Dignity to the marginalised cannot do away with right of a person to bodily autonomy,”

Justice Chandrachud says UIDAI has no accountability/responsibility for storage or leakage of data.

Picking holes on Aadhaar law, Justice Chandrachud says the law provided no grievance redressal mechanism,regulators or independent monitoring authority.

However Aadhaar card, shall be necessary for availing facilities of welfare schemes and government subsidies as it empowers the poor and marginalised

The Supreme Court has made exception for children saying that no child can be denied benefits of any scheme if he or she doesn’t have Aadhaar card.

The apex court has struck down Section 57 of the Aadhaar Act as “unconstitutional”. This means that no company or private entity can seek

Aadhaar identification from anyone.

Students of CBSE, NEET, UGC also do not require Aadhaar number to appear in exams. Even schools cannot seek Aadhaar card for admissions.




Aadhaar a money bill or beyond the scope of Article 110?

The majority opinion on the Constitution Bench that the Aadhaar Act was a Money Bill prevailed during thejudgement but Justice D.Y. Chandrachud questioned how a statute about an identity proof, Aadhaar, can be possiblypassed as Money Bill.

Justice A.K. Sikri, who wrote the majority view for the Bench led by Chief Justice Dipak Misra, pointed to Section 7 ofthe Aadhaar Act which required authentication by Aadhaar card if beneficiaries wanted to access subsidies, benefitsand services.

Justice Sikri reasoned that since all these were welfare measures sought to be extended to the marginalisedsections, a collective reading would show that the “purpose is to expand the coverage of all kinds of aid, support,grant, advantage, relief provisions, facility, utility or assistance which may be extended with the support of theConsolidated Fund of India with the objective of targeted delivery.”

In short, the majority view justified that Aadhaar was vital to ensure that government aid reached the targetedbeneficiaries, and hence, the Act was validly passed as a Money Bill.

But Justice Chandrachud proclaimed that a fraud was played on the Constitution and the act is unconstitutional. Heobserved that “A Money Bill must deal with the declaring of any expenditure to be expenditure charged on theConsolidated Fund of India. Section 7 does not declare the expenditure incurred to be a charge on theConsolidated Fund. It only provides that in the case of such services, benefits or subsidies, Aadhaar can be mademandatory to avail of them,” He also pointed out that the other sections of the Aadhaar Act which dealt withseveral aspects relating to the Aadhaar numbers were alien to the scope of Article 110 of the Constitution whichdefined a Money Bill.




A move in the right direction

The Aadhaar project has survived a fierce legal challenge. Ever since a nine-judge Bench ruled unanimously last yearthat privacy is a fundamental right, opinion began to gain ground that the unique identification programme wasvulnerable in the face of judicial scrutiny. It was projected by skeptics, detractors and activists as an intrusion oncitizens’ privacy, a byword for a purported surveillance system, a grand project to harvest personal data forcommercial exploitation by private parties and profiling by the state. But the government has staved off thechallenge by successfully arguing that it is essentially a transformative scheme primarily aimed at reaching benefitsand subsidies to the poor and the marginalised. Four of the five judges on a Constitution Bench ruled that the lawenabling the implementation of the programme does not violate the right to privacy of citizens; instead, the projectempowers marginalised sections and procures dignity for them along with services, benefits and subsidies byleveraging the power of technology.

In upholding the constitutional validity of Aadhaar and clarifying areas in which it cannot be made mandatory, theSupreme Court has restored the original intent of the programme: to plug leakages in subsidy schemes and to havebetter targeting of welfare benefits. Over the years, Aadhaar came to mean much more than this in the lives ofordinary people, acquiring the shape of a basic identity document that was required to access more and moreservices, such as birth and death certificates, SIM cards, school admissions, property registrations and vehiclepurchases. A unique identity number, that could be availed on a voluntary basis and was conceived to eliminate therampant fraud in the distribution of benefits, had threatened to morph — with the Centre’s tacit acceptance — intosomething that was mandatory for various aspects of life. The judgment narrows the scope of Aadhaar but providesa framework within which it can work. The majority opinion has sought to limit the import of the scheme to aspectsdirectly related to welfare benefits, subsidies and money spent from the Consolidated Fund of India. Thus,controversial circulars and rules making it mandatory to link mobile phone numbers and bank accounts to Aadhaarnumbers have been declared unconstitutional. Section 57 of the Aadhaar (Targeted Delivery of Financial and OtherSubsidies, Benefits and Services) Act, 2016, has been struck down to the extent that it authorised body corporatesand individuals to use the Aadhaar number to establish someone’s identity. Schools have been barred from makingthe submission of the Aadhaar number mandatory to enroll children. A few other provisions have been read downor clarified.

ConclusionIn upholding Aadhaar, the majority opinion was not oblivious to the impact of disbanding a project that has alreadycompleted much ground. For instance, relying on official statistics, the majority favoured the scheme’s continuancefor the sake of the 99.76% of people included under it, rather than fret over the 0.24% who were excluded becauseof authentication failure. “The remedy is to plug the loopholes rather than axe the project,” the Bench said. Withenrolment saturation reaching 1.2 billion people, the programme had acquired a scale and momentum that wasirreversible. It was perhaps this pragmatic imperative that led the majority to conclude that the government wasjustified in the passage of the Aadhaar Act as a ‘money bill’, even though under a strict interpretation this is adifficult position to defend, the Centre’s objective being to bypass the Rajya Sabha, where it did not have a majority.The Court has addressed this issue by accepting the government’s argument that Section 7, which enables the use ofAadhaar to avail of any government subsidy, benefit or service for which expenditure is incurred out of theConsolidated Fund of India, is the core provision in the law, and that this makes it a ‘money bill’. It has chosen toaccept the technical arguments on the safety of the Aadhaar architecture and the end-to-end encryption thatunderlies the transmission of captured biometric data to the Unique Identification Authority of India. The majorityopinion has looked at the larger picture beyond the merits or demerits of the Aadhaar programme and thearguments for and against it. It held that the Aadhaar Act passes the “triple test” laid down in the ‘Privacy’judgment under which there ought to be a law, a legitimate state interest and an element of proportionality in anylaw that seeks to abridge the right of privacy.




3.) TRIPLE TALAQ: CRIMINALISINGTALAQ-E-BIDDAT

Introduction

The Muslim Women (Protection of Rights on Marriage) Ordinance of 2018 makes the declaration of talaq-e-biddat a crime. The objective of the ordinance is to protect the rights of married Muslim women. It intends toprohibit the pronouncement of instant triple talaq by “Muslim husbands”. A petition has been filed in the SupremeCourt challenging the ordinance, asking why “Muslim husbands” alone have been singled out for the offence.

The promulgation of the ordinance follows the declaration of instant triple talaq as unconstitutional and invalid bythe Supreme Court in 2017. The court had held that instant triple talaq given by a Muslim man “capriciously andwhimsically”, without an attempt at reconciliation, was “manifestly arbitrary” and “violative of Article 14” of theConstitution.

The government explained that the pressing need for an ordinance was the continued practice of this form of talaqdespite the Supreme Court judgment. As per the government since the Muslim Women (Protection of Rights onMarriage) Bill, 2017 has been passed by the Lok Sabha, but is pending before the Rajya Sabha the promulgation ofthe ordinance became a necessity.

The ordinance in tune with the Supreme Court pronouncement The ordinance reiterates the Supreme Court verdict that “any pronouncement” of talaq by “a Muslim husband upon his wife, by words, either spoken or written or in electronic form or in any other manner whatsoever, shall be void and illegal.” According to Section 4, any Muslim husband who pronounces instant talaq will be punished with imprisonment of up to three years and will be liable to a fine. Section 5 entitles a married Muslim woman upon whom talaq is pronounced to receive a “subsistence allowance”, to be determined by a First Class Judicial Magistrate, from her husband for herself and their dependent children.

The ordinance allows a married Muslim woman to retain the custody of her minor children in the event ofpronouncement of instant triple talaq. The conditions of custody will be decided by the Magistrate. The ordinancemakes the pronouncement of triple talaq cognisable. It says criminal action will be taken against the offendinghusband as soon as his wife or her relative by blood or marriage informs the police. The offence is compoundable atthe instance of the woman with the permission of the Magistrate.

Seeking to allay fears that the law could be misused, the government has included certain safeguards in it such asadding a provision of bail for the accused before trial. However, the accused husband can be released on bail onlyafter the wife is given an opportunity to be heard by the Magistrate. The court should be satisfied that there arereasonable grounds for granting bail to him.




What is triple talaq?

There are three forms of talaq (divorce): Ahsan, Hasan and Talaq-e-Biddat (triple or instant talaq). Ahsan and Hasanare revocable. Biddat — pronouncing divorce in one go by the husband — is irrevocable. Biddat is considered‘sinful,’ but permissible in Islamic law. The All India Muslim Personal Law Board (AIMPLB) holds that for the Hanafis,who make up more than 90% Sunnis in India, triple talaq is a matter of faith followed for 1,400 years.

Key features of triple talaq ordinance

The Ordinance states that even though the Muslim Women (Protection of Rights on Marriage) Bill, 2017 is pendingin the Rajya Sabha and despite the Supreme Court has observed that the practice of Triple Talaq is unconstitutional,the practice still carries on.

The Ordinance is applicable to the whole of India but it is not extended to the State of Jammu and Kashmir

According to the Ordinance, any pronouncement of ‘talaq’ by a Muslim husband to his wife in any manner,spoken or written, shall be void and illegal.

Any Muslim husband who communicates the ‘talaq’ orally or in writing may face a punishment upto threeyears in jail. The punishment can be extended, if required.

The Ordinance also states that despite the presence of general laws in force, if a Muslim man pronounces‘talaq’ to his wife, then the woman and her children are entitled to receive an allowance for subsistence.Such amount can be determined by a Judicial Magistrate of the First Class.

The Ordinance also states that a Muslim woman is entitled to the custody of her minor children even if herhusband has pronounced ‘talaq’ to her.

The pronouncement of instant triple talaq is cognizable if the Muslim woman, on whom it is pronounced,communicates the information to a police officer.

The offence is also compoundable, if the Muslim woman insists for the same and the Magistrates allowscertain terms and conditions which he may determine.

A person accused of this offence cannot be granted bail unless an application is filed by the accused after ahearing in the presence of the Muslim woman (on whom talaq is pronounced) is conducted and theMagistrate is satisfied about the reasonable grounds for granting bail.

How did it come about?

On October 16, 2015, the Supreme Court questioned whether Muslim personal law practices of marriage anddivorce reduce women to mere chattels. In a rare move, it registered a suo motu public interest litigation (PIL)petition titled ‘In Re: Muslim Women’s Quest for Equality’ to examine whether arbitrary divorce, polygamy andnikah halala (where a Muslim divorcee marries a man and divorces him to get re-married to her former husband)violate women’s dignity.




The court rued missing the opportunity to address the question of gender inequality in both the Shah Bano andDanial Latifi cases. In the Shah Bano case, the court merely goaded the government to frame the Uniform Civil Code.In the Latifi case, it upheld the right of Muslim women to maintenance till re-marriage. Many Muslim women andorganisations backed the court’s initiative. However, a Constitution Bench decided to confine itself to examiningtriple talaq and not polygamy and nikah halala.

Why does it matter?

This has been an issue of concern for over 65 years for Muslim women, who comprise approximately 8% of thepopulation as per the 2011 census. “Muslim women want to have a life equal to that of another woman, say aChristian or Hindu wife,” the government argued in court. The Centre claimed that instant talaq is not fundamentalto Islam. It promised to bring in a new divorce law for Muslim men in case the court strikes down the three forms oftalaq.

The government argued that Muslim marriage and divorce is codified under Section 2 of the Shariat Act of 1937 andcame within the ambit of ‘law’ under Article 13 of the Constitution. Hence, they should abide by the principles ofdignity and non-discrimination.

The All India Muslim Personal Law Board countered that triple talaq is a matter of faith like the Hindu belief thatAyodhya is Ram’s birthplace. The courts and the government should leave reform to the community, it said, quotingthe Bombay High Court’s unchallenged decision in the Narasu Appa Mali case that personal law should not betinkered with. Where Muslim men will go for divorce if you (the court) strike down talaq and Parliament refuses topass a new law, the AIMPLB asked.

The long fight

It all started in April 1978 when a 62-year-old woman, Shah Bano, filed a petition demanding maintenance of hermarriage after her husband divorced her by using triple talaq. Although she won her case, the government panickedand overturned the judgement in 1985.

The events soon became national news, and were followed by a campaign against this reversal. In 1986, thegovernment implemented the Muslim Women’s (Protection of Rights on Divorce) Act to nullify the Shah Banojudgement, granting paltry alimony to Muslim women. But it was strongly opposed by progressive women’s groupsand by many Muslim men too.

They rejected the priority accorded to the interests of a religious community over gender and the construction ofidentity predicated on narrow doctrinal principles that distinguished Muslims from others.




The SHAYARA BANO case, 2017

Gender rights for all

The new development in the past decade is the emergence of Muslim women’s activism propelled by the growth ofnon-party, autonomous women’s groups. Consequently, Muslim women are willing to speak out against genderinjustice, and find ways to challenge structures of power and authority within the community and the state atmultiple levels.

These groups seek to promote equal citizenship rights pertaining to all fundamental rights mandated by theConstitution rather than focusing on changing personal laws to enhance their rights; this partly accounts for theirsuccess in mobilising women from all religious background to fight for gender equality. For the first time Muslimwomen groups have taken the lead and have carried the momentum for change on their shoulders. Two networksare in the forefront of this process: the Bharatiya Muslim Mahila Andolan (BMMA) and the Bebaak Collective.Both have questioned the authority of the Muslim Personal Law Board to speak for the Muslim community andwomen in particular.

These multifaceted efforts have seen the beginnings of serious debate on social reform and gender justice withinthe community.




Beyond the religious angle

This broad reflection is crucial, as there’s abundant evidence that Muslim women rank below the national averagewhen it comes to literacy, schooling and the workforce. For example, 48% of all Muslim women are illiterate, higherthan the national average of 44%; the enrolment rate of Muslim girls in schools is 40.6% compared to 63.2% for allgirls; work participation of Muslim women in 2011 was just 14.8%, well below the already low 27% for all women.

This marginalisation is compounded by the fact that Muslim women’s issues are often only discussed as religiousones. This doesn’t just reinforce the centrality of personal laws, but glosses over the economic, political, and socialproblems that define the everyday experiences of Muslim women.

It’s clear that their deprivation stems from a shortage of three essentials: knowledge (measured by literacy andaverage years of schooling), economic power (work and income), and autonomy (measured by decision-making andphysical mobility). Gender discrimination coalesces with class inequalities and pervasive social hierarchies tocompound the marginalisation of Muslim women.

These issues are conspicuous by their absence from the world of politics, bureaucracy, universities, and the publicand private sectors.

However, the significance of the abolition of triple talaq shouldn’t be underestimated. And at the same time, there’san urgent need to speak out not just against unjust personal laws, but also against the growing neglect and indeeddiscrimination that Muslim women suffer in different spheres. The abolition of triple talaq is not a panacea for thedeep and serious problems these women face.

ConclusionSince everyone is articulating the rights of Muslims or women, as a collective that has been concerned with issues ofpatriarchy, majoritarianism of all kinds, and all kinds of structural injustices and inequalities, one should bring forthmore nuanced points in the debate.

First of all even though we do engage with law reform very often we wish to state that we believe that law reformsare not substitute for revolution/bringing in drastic changes, and court battles cannot replace movements forjustice and equality. The struggle for equality before courts is only one small measure in the overall struggle forjustice, equality or even economic rights.

Today for enforcing any kind of economic rights associated with institution of marriage or family whether it ismaintenance, matrimonial property rights, or inheritance in disputed cases women, including Muslim women needto approach judiciary. It is true that majority of women irrespective of religion are unable to access judicial systemeffectively, just as workers do find it difficult to access courts and get verdicts of economic entitlements in theirfavour. But in the absence of such laws, even those who can access the courts and get justice in their favour wouldbe denied this legitimate avenue of establishing their rights and getting justice. This is a battle for equality on behalfof almost half the citizens of India. To call it anything else would be to divide marginalized sections in their strugglefor equality on basis of religion, caste or gender, a great disservice to humanity at large.




4.) STRONG LAW TO CLEANSE POLITICS

Introduction

The Supreme Court has directed the political parties to publish online the pending criminal cases of their candidatesand urged Parliament to bring a “strong law” to cleanse political parties of leaders facing trial for serious crimes.

The Supreme Court refused to bar those facing serious criminal cases from contesting elections, leaving it to theParliament to enact a “strong law” before the “malignancy” of criminalisation of politics becomes “fatal” todemocracy, adding that the “polluted stream of politics” needs to be cleansed.

A five-judge Constitution bench headed by Chief Justice Dipak Misra, however, observed that the criminalisation ofpolitics strikes at the very root of democracy by making the citizenry suffer at the hands of those “who are nothingbut a liability” to the country.

Rapid criminalisation of politics cannot be arrested by merely disqualifying tainted legislators but should begin by“cleansing” political parties, a five-judge Constitution Bench, led by Chief Justice of India Dipak Misra, observed.Other members of the bench, included justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra.

The Supreme Court said that it cannot “usurp the power” of law-making which is vested with the legislature, butwas burdened with the duty of being the final arbiter of the Constitution and protector of the constitutional ethos.The court observed that though criminalisation of politics is a “bitter manifest truth”, which is a “termite” to thecitadel of democracy, the court cannot make a law to check it.

The government welcomed the top court order but said that issues like politically motivated cases still needed tobe considered.

Onus on Parliament

The court said Parliament should frame a law that makes it obligatory for political parties to remove leaders chargedwith “heinous and grievous” crimes, such as rape, murder and kidnapping, to name only a few, and refuse ticket tooffenders in both parliamentary and Assembly polls. “The nation eagerly awaits such a legislation,” the court toldParliament.

Full disclosures

The court directed that candidates should divulge their criminal past to the Election Commission in “block letters.”Candidates should make a full disclosure of the criminal cases pending against them to the political parties underwhose banner they intend to contest the polls. The parties, in turn, should put up the complete details of theircandidates on their websites for public consumption.




Criminalisation of politics

Criminalization of politics has become an enduring phenomenon in Indian politics. It is crucial to discuss thisbecause it is against the very spirit of democracy. A rule that was meant to be governed by law has rather ended upbeing a rule of money and muscle power. What is even more shocking is the acceptability of these elements both bythe political entities and the masses, which means that it is people’s mandate acting against the values ofdemocratic system. We can thus say that democracy has become the contradiction of democracy. This leads to thenegation of all the democratic safeguards provided by our constitution; that is, the three organs which weresupposed to keep a vigilant check on each other - legislature, executive and judiciary are being weakened and itsroots are corrupting. The count of political parties has been on enormous increase in the country.

This rise in the number of political parties is not on the account of improvement in the standards of politics; rather itis an indication of the falling standards to abysmal levels and weakening of the spirit of nationalism. It can bederived from the pathetic living conditions of the people. The lives of the masses were worse under the colonial rulebut even after the independence, the benefits of being a free and democratic nation have not reached to all thecitizens residing in the country. There is still a stratum of people who dominate the policy-making either as a part ofthe government or by funding the government, which helps them to get their work done through the decision-




makers. The political domain now pulls in criminals and rowdies with testified record of hooliganism, who aim forriches and dominating the functionaries and law-abiding residents. Thus, the politics in the nation has become abusiness yielding huge profits; rather than being a field of dedication and commitment towards the welfare of theconcerned subjects.

Reasons for this Criminalization

Emergence of vote bank politics

One of the major reasons of why the political parties bring in such candidates on the election field lies in theservices that these rowdies offer to them. The ambit of the services provided by such people is vast and includes thehelp rendered by them in carrying on unlawful activities during strikes, bandhs, rallies, etc. And when such criminalsattain the designation of political leaders, they attempt to accomplish their targets and ambitions on the stake ofrules and regulations that should govern them but unfortunately it doesn’t. The political parties spend galactically tobuy votes and conduct other illegal activities through these crooks or the so called goondas. The majority of Indiansare ignorant of politics that goes on in the nation and thus remain unaware of whom they should to vote. Thereforemost of the franchise holders of the country are purchasable which further lays an easier path for the politicalparties to acquire their support

Corruption

The political parties claim to be different and better than the other existing parties but a common characteristic thatruns almost through all the parties, is the criminal background of the candidate backed by them. But the fact thatthese candidates not only contest elections but also win and reach to the political office is evident of the failure ofdemocracy as the greatest power a citizen has been armed with is to show the exit way to the incompetentcontestants and such authority has not been exercised in a responsible manner by the people. Corruption is a two-tier process, first, the institutions get corrupt and then the corruption is institutionalized. Thus, corruption andinstitutions become complementary to each other making the whole superstructure of institutions hollow. Thecorruption in the governance of our country has now been institutionalized as can be easily observed through thevarious scams that are running across the country. The incapacity to cope with corruption has called forth thecontempt of the law. The combination of contempt of the law and criminalization of politics leads to the flourishingof corruption.

Loopholes in the functioning of Election Commission

Another reason for the nurturing of felons in the political system of the country is the loopholes in the working ofthe Election Commission. It is the function of the Election Commission to take required steps to bust the linkbetween the politicians and criminals. The Election Commission has prescribed forms for the contestants ofelections to disclose their property details, cases pending in courts, convictions, and so on while filing theirnomination papers. This is a positive step taken by the Commission to make the voters known about the criminalhistory of the candidate but it has not been effectively applied. These disclosures only inform people about thecandidate’s background and qualifications, but do not forbid them from casting their franchise, irrespective, infavour of a criminal. There has been a gap between the working of Election Commission and the electorates frommany years and thus the common man barely comes to know about the rules drawn by the commission. It isessential to bridge this gulf not only to outcast the undesirable elements from politics but also for the endurance ofour democratic polity. And this can be achieved by an increase in literacy rate in the country. The voters, whileexercising their voting rights, have to make wise choice in the interest of the nation.




Denial of Justice and Rule of Law

Criminalization has become a fact of Indian politics today. The political parties, electors and the whole machinery oflaw and order of the country are equally responsible for bringing in such a situation. There is very little belief in thecountry regarding the efficacy of the democratic procedure to actually deliver good governance, which extends toswallowing in of the fact of criminalization of politics. The laws made against convicted criminals who contestelections are weak and toothless in nature which further leads to the encouragement of such practices. “Iffundamental rights can be taken away from those who have been charged but not proven guilty, why cannot thesame apply to politicians?” This allows the charge sheeted criminals, who are many a times habitual offenders, tocontest elections and also attain the political office.

Legal Threads

The legal efforts towards curbing this huge menace have been minimal. Committees after committees are set up,hundreds of crores are spent but ultimately nothing comes out of it. Why will a thief ever set an investigationagainst him? The situation is similar in the case of the legislators, why will they ever make a stringent law thatwould lead to their own persecution? Also another tactic is to pass a law and not enforce it. However SupremeCourt has been a forerunner in this case and has given some courageous judgments. Secondly the passing of somerevolutionary legislations like Right to Information backed by a strong public opinion has proved to be a tool in thehands of common man against the democratic goons. Let us have a look at some of these instruments.

Vohra Committee

The blasts in Bombay on 13th March 1993 shook the whole country. It was alleged to have involved thecollaboration of a disseminate network of criminal gangs, policemen and custom officials along with their politicalsupporters. A commission, N.N. Vohra Committee, was instituted to inquire into the so-called nexus. The reportsubmitted by the commission found such deep involvement of politicians with criminals in India that it wasdebarred from being published. The report observed “the various crime syndicate/mafia organisations havedeveloped significant muscle and money power and established linkage with governmental functionaries, politicalleaders and other to be able to operate with impunity”.

The committee also highlighted the use of black money in the elections, which is the root cause of thecriminalization of politics in India. The Committee cited other agencies to say that the Mafia network is “virtuallyrunning a parallel government, pushing the State apparatus into irrelevance.” The report also says “in certain Stateslike Bihar, Haryana and Uttar Pradesh, these gangs enjoy the patronage of local politicians cutting across party linesand the protection of the functionaries. Some political leaders become the leaders of these gangs/armed senas andover the years get themselves elected to local bodies, State assemblies and national parliament.

It concluded that the agencies including CBI, IB, RAW had expressed their opinion that the criminal network wasvirtually running a parallel Government.




Key facts

According to reports by the Association for Democratic Reforms (ADR), 185 winning candidates in the 2014general elections had criminal cases against them compared to 162 in the 2009 polls.

Similarly, in 2009, 15 percent of the winners had serious criminal cases, such as “murder, attempt to murder,communal disharmony, kidnapping, crimes against women” against them. This rose to 21 percent in 2014.

The 2014 ADR report shows that the chances of winning for a candidate with criminal cases were more thanfor one with a clean record.

Around 21 per cent of 5,380 candidates contesting the Lok Sabha election 2014 have declared criminalcharges in their affidavits submitted to the Election Commission.

10 per cent have declared serious criminal charges such as murder and rape charges.

The Law Commission said that, in the 10 years since 2004, 18% of the candidates contesting either nationalor state elections had criminal cases against them.

The Law Commission in its 244th report said that instead of politicians having suspected links to criminalnetworks, it was persons with extensive criminal backgrounds, who began entering politics.

The Goswami Committee on Electoral Reforms, as early as in 1990, highlighted the crippling effect of moneyand muscle power in elections.

Suggested measures to curb criminalization of politics

Bringing greater transparency in campaign financing is going to make it less attractive for political parties toinvolve gangsters.

The Election Commission of India (ECI) should have the power to audit the financial accounts of politicalparties, or political parties’ finances should be brought under the right to information (RTI) law.

Broader governance will have to improve for voters to reduce the reliance on criminal politicians.

Fast-track courts are necessary because politicians are able to delay the judicial process and serve fordecades before prosecution.

The Election Commission must take adequate measures to break the nexus between the criminals and thepoliticians. The forms prescribed by the Election Commission for candidates disclosing their convictions,cases pending in courts and so on in their nomination papers is a step in the right direction if it appliedproperly.

The Supreme Court referred to the Law Commission reports, which pointed out that political parties havebeen chiefly responsible for criminalisation of politics. Though the Representation of the People Actdisqualifies a sitting legislator or a candidate on certain grounds, there is nothing regulating theappointments to offices within the party. A politician may be disqualified from being a legislator, but he maycontinue to hold high positions within the party. That means, he will continue to play an important publicrole. Convicted politicians may continue to influence law-making by controlling the party and fielding proxycandidates in legislature. This needs to change.




The SC Bench quoted Rajendra Prasad and B.R. Ambedkar

“A Constitution like a machine is a lifeless thing. It acquires life because of the men who control it and operate it, and India needs today nothing more than a set of honest men who will have the interest of the country before them.”

Rajendra Prasad

“A Constitution can provide only the organs of State. The factors on which the working of those organs of the State depends are the people and the political parties they will set up as their instruments to carry out their wishes and their politics.”

B.R. Ambedkar

ConclusionThe 18th report presented by a Parliamentary Committee to the Rajya Sabha in March 2007, expressed strongfeeling that politics should be cleansed of persons with established criminal background. Criminalisation of politicsis the bane of society and negation of democracy. The primary sacrifice at the altar of criminalisation is that ofgovernance, along with transparency and accountability. Expensive election campaigning favours candidates withstrong financial background. Such candidates, when elected, seek to recover their expenses besides securing acorpus for the future election as quickly as possible, especially in the era of coalition governments with tenuousstability. Supreme Court observed that rapid criminalisation of politics cannot be arrested by merely disqualifyingtainted legislators but should begin by “cleansing” political parties.




5.) PRADHAN MANTRI JAN AROGYA ABHIYAN(PMJAY)

Introduction

Recently, Prime Minister Narendra Modi rolled out the Centre’s flagship Ayushman Bharat-National HealthProtection Mission (AB-NHPM) from Jharkhand. The ambitious scheme, which was renamed the Pradhan MantriJan Arogya Abhiyan (PMJAY), aims to provide a coverage of Rs five lakh per family annually, benefiting more than10 crore poor families.

This is the world’s largest health scheme which will serve a population that equals 27-28 European countries. Thebeneficiaries are almost equal to the population of Canada, Mexico and US put together. The Prime Minister alsolaunched a toll free number 14555 for people to get more information about Ayushman Bharat scheme.

Achieving Universal Health Coverage

Universal health coverage is getting prioritised as a part of political reform with the launch of two pillars of thePradhan Mantri Jan Arogya Yojana (PMJAY).

Ayushman Bharat (AB), where 1.5 lakh health sub-centres are being converted into health and wellness centres;and the National Health Protection Mission (NHPM), which aims to provide health cover of Rs. 5 lakh per family,per annum, reaching out to 500 million people.




The “best health care at the lowest possible cost” should be: inclusive; make health-care providers accountable forcost and quality; achieve a reduction in disease burden, and eliminate catastrophic health expenditures for theconsumer. All of this is not happening overnight simply because an audacious, nation-wide health-care programmeis on the anvil. It could come about, however, if accompanied by the nuts and bolts of good governance that willsupport solutions and systems to achieve these objectives.

Align entitlement to income

In the matter of inclusion, over 15 years ago, the Vajpayee government commissioned the Institute of HealthSystems (IHS), Hyderabad to develop a ‘family welfare linked health insurance policy’. In 2003, the Director of theIHS Hyderabad delivered a broad-based Family Health Protection Plan (FHPP), open to all individuals. The fact is thatany discourse on universal health care in India gets stymied by the sheer size and ambivalence of the numbersinvolved. This 2003 solution of the Vajpayee-era recommended, inter alia, that good governance lies in aligning theincome lines for health and housing. In other words, de-link entitlement to health care from the poverty line. In thatevent, the income lines for housing (updated from time to time), could be simultaneously applicable for healthentitlement. The government could then proceed, as per capacity, to scale the health premium subsidy in line withhousing categories — economically weaker sections (entitled to 75-90%), lower income (entitled to 50%), andmiddle income groups (entitled to 20%).

Build in accountability

The NHPM is pushing for hospitalisation at secondary- and tertiary-level private hospitals, while disregarding theneed for eligible households to first access primary care, prior to becoming ‘a case for acute care’. We are in dangerof placing the cart (higher-level care) before the horse (primary care). Without the stepping stone of primary healthcare, direct hospitalisation is a high-cost solution.

Last month, the Union Minister for Health and Family Welfare, J.P. Nadda, said that while the PMJAY would helpimprove availability, accessibility, and affordability for the needy 40% of the population, the Prime Minister waslooking for one additional requirement — that the PMJAY must continue to maintain credibility.

This leads one to a caveat. Public sector health capacities are constrained at all levels. Forward movement is feasibleonly through partnerships and coalitions with private sector providers. These partnerships are credible only if madeaccountable. The National Health Policy 2017 proposed “strategic purchasing” of services from secondary andtertiary hospitals for a fee. Clearly, we need to contract-in services of those health-care providers (public andprivate) who are assessed as competent to provide all care for all the medical conditions specified; who will acceptand abide by standard treatment protocols and guidelines notified, as this will rule out potential for induced care/unnecessary treatment; and who will accept the AB-NHPM financial compensation package (with fixed fees perepisode, and not per visit).

The credo for participating private providers should be “mission, not margin”. Health-care providers (public/private)should be accredited without any upper limit on the number of service providers in a given district. The annualpremium for each beneficiary would be paid to those service providers, for up to one year only (renewable), asselected by beneficiaries. The resultant competition would enhance quality and keep costs in check. Upgradingdistrict hospitals to government medical colleges and teaching hospitals will enhance capacities at the district level.Service providers will become accountable for cost and quality if they are bound to the nuts and bolts of goodgovernance outlined above.




Transform primary care

Third, elimination of catastrophic health expenditures for the consumer can come about only if there is sustainedeffort to modernise and transform the primary care space. Bring together all relevant inter-sectoral action linkinghealth and development so as to universalise the availability of clean drinking water, sanitation, garbage disposal,waste management, food security, nutrition and vector control. The Swachh Bharat programme must beincorporated in the PMJAY. These steps put together will reduce the disease burden.




ConclusionAt the 1.5 lakh ‘health and wellness clinics’ (earlier, health sub-centres), register households to provide them accessto district-specific, evidence-based, integrated packages of community, primary preventive and promotive healthcare. A public education media campaign could highlight the merits of personal hygiene and healthy living. Keralaand Tamil Nadu have demonstrated that high-performing, primary health-care systems do address a majority ofcommunity/individual health needs. The health and wellness clinics must connect with early detection andtreatment. The cornerstone of the Vajpayee-era FHPP was the primary medical clinic providing ambulatory primarycare, out-patient consultation, clinical examination, curative services, and referrals. Robust delivery of preventive,clinical and diagnostic health-care services will result in early detection of cancers, diabetes and chronic conditions,mostly needing long-term treatment and home care. This will further minimise the demand for hospitalisation.Investment in primary care would very quickly reduce the overall cost of health care for the state and for theconsumer.

Technology and innovation are further reducing costs. AI-powered mobile applications will soon provide high-quality, low-cost, patient-centric, smart wellness solutions. The scaleable and inter-operable IT platform beingreadied for the Ayushman Bharat is encouraging.

As we integrate prevention, detection and treatment of ill-health, the PMJAY will win hearts if people receive a well-governed ‘Health for All’ scheme.




6.) THE LAW OF HAPPINESS

Introduction

Happiness has come to be accepted as a goal of public policy. And this discourse has given a fillip to a new narrativewhere the interconnections between law, governance and happiness are being searched. Why do these connectionsmatter? Experiences from several nations confirm that the countries with higher GDP and higher per capita incomeare not necessarily the happiest countries and there exists a link between the state of happiness and rule of law.

The World Happiness Report (WHR) 2018, which ranked 156 countries, placed India at the 133rd place on the indexof global happiness. While India’s performance on this can be attributed to several factors, there’s no denying thefact that there is an intrinsic relationship between law and people’s happiness. The WHRs, over the years, confirmedthat people tend to have poor mental health, a low score of subjective well-being and poor perception about thegovernance and law and order, despite high income levels.

What is the connection between Law and Happiness?

The curious question in this discourse is how the law is linked with happiness. In an environment in which laws aregradually becoming reactive, regulatory and penalising, this question needs some probing.

Jeremy Bentham said the object of the law should be the maximum happiness of the maximum number. Goingby popular perceptions, laws and legal regimes are the distributors of unhappiness in many ways. We have about3.3 crore cases pending in various courts in the country. How does unhappiness emanate from these cases? Eachcase is not a mere number — it involves tension, anxiety and deprivation to all those associated with it. A group ofpeople — family members, relatives, friends and others of the parties involved — are necessarily affected becauseof such cases. If we presume that there are about 20 persons in each case belonging to one or the other parties, weget a number of about 64 crore. Interestingly, none of them would be in a state of happiness on account of beinglinked to the case. Inevitably, the criminal justice administration for these people is a source of unhappiness.

Moreover, not more than 30 per cent people approach the courts in India. There is a visible decline in civil litigation,which suggests that a large number of people in the country are living with unresolved conflicts. This too dents thestate of happiness in general.

Criminal justice has far-reaching consequences for the lives of people — it brings difficulties when it does not act, itcauses turbulence when it does. Millions of accused, victims, suspects, witnesses and others have poignant talesabout the actions and inactions of the criminal justice administration. The satisfaction level of people is far too lowin this country when it comes to the police and courts.

The relationship between crime and happiness

The relationship between crime and happiness offers some interesting insights. Vesna Nikolic, a noted victimologist,says that making people happy is the best crime prevention. Do happy people become victims less often thanunhappy people, and if so, why? Do happy people commit crimes, or do people commit crimes in order to achievehappiness? The connection between crime and happiness is understandable from the experience of Bhutan, whichintroduced Gross National Happiness (GNH) as a measure of good governance. The data show that a great majority




of the Bhutanese population are happy (of whom 41 per cent are extremely happy), and only 4 per cent reportedbeing victimised by crime over the last 12 months. Further, the crime rate in Bhutan is extremely low. A negativecorrelation between crime/victimisation and happiness is observed.

The World Reports on Happiness in selected countries and their crime and victimisation data present remarkabletrends. The impact of criminal victimisation on happiness is often negative. Analysis from six nations, namely,Finland, Denmark, Philippines, South Africa, India and Sri Lanka shows that at least one of the four crime variablesshare an inverse relation with the happiness score of the respective nation. This leads to the conclusion that indi-viduals living in nations with high crime rates are less happy and satisfied than individuals living in nations with acomparatively lower crime rate.




Does rule of law make you happy?

The countries scoring high on the Rule of Law Index, a measure used by the World Justice Project, are those who arehigher on the index of happiness as well. Among these countries are Denmark, Sweden, Finland, Norway, theNetherlands and Austria. The fact that happiness ought to be part of the agenda to improve rule of law, and viceversa, is a new thrust in the emerging policy discourse in many jurisdictions. The institutionalisation of a happinessframework as a measure of achievement for policy goals is now being debated. Madhya Pradesh has set up aHappiness Department to achieve such objectives.

ConclusionIt is probably time to change the narrative — to shift the discourse of policy making towards the larger satisfactionof the people with the public institutions they have to regularly approach for various purposes.




The ideologies promoted by the government also have an effect on the overall satisfaction of the people. Besidespoverty, unemployment and other issues of sustenance, the outlook of the government on religion, gender, sexual-ity, etc. also determine the contentment of the governed. For example, in India, increasing incidents of cow vigilan-tism, communal and gender bigotry ultimately make the society intolerant and dissatisfied. It is; perhaps, time toturn the narrative of law, policy and development, towards building a happier society.




7.) THE MALDIVIAN OPPORTUNITY

Introduction

Democracy is a strange leveller. In domestic politics it has a way of springing up surprises which few anticipate. Evenin foreign relations, it can make crises disappear in the same manner in which it can create them. When most hadassumed that a second term for Maldivian President Abdulla Yameen was a done deal, given the controlled nature ofthe Maldivian elections, the people of the small archipelago in the Indian Ocean voted for change and brought topower the Opposition candidate, Ibrahim Mohamed Solih. They came out in huge numbers with the turnout being89.2% and dealt a decisive blow to Mr. Yameen.

Belying concerns that he may not respect the outcome, after a few hours of election results, Mr. Yameen concededdefeat in a televised address by saying: “The Maldivian people have decided what they want. I have accepted theresults.”

Mr. Solih is a senior politician in the Maldives and was the joint presidential candidate for an opposition alliance ofthe Maldivian Democratic Party (MDP), the Jumhooree Party and the Adhaalath Party. His victory underscores thecommitment of the Maldivian politicians to secure the future of democracy in their country. The exiled formerPresident of the Maldives, Mohammed Nasheed, who was ousted by Mr. Yameen in 2012, underlined this when hetweeted that Mr. Solih had done “an extremely good service” to the people. This was a do or die battle fordemocrats and they succeeded.

Democratic vote

After the results came out, India’s Ministry of External Affairs said the election marked “not only the triumph ofdemocratic forces in the Maldives but also reflects the firm commitment to the values of democracy and the rule oflaw.” Prime Minister Narendra Modi also called Mr. Solih, underscoring his support for better ties between the twocountries. The U.S. State Department said the Maldivian people had “raised their democratic voices to determinethe future of their country.”

A country in political turmoil

The Maldives has been in turmoil since its first democratically-elected leader, Mr. Nasheed, was forced out of officefollowing a police mutiny in 2012. This was followed by the controversial election of Mr. Yameen in 2013 when theSupreme Court annulled the result. Mr. Yameen was trailing Mr. Nasheed, thereby providing him an opportunity towin in the second round of voting. Mr. Yameen’s presidency saw the Maldives flirting with Islamist radicalism andthe democratic underpinnings of the nation came under assault. This February, he imposed a 45-day state ofemergency fearing an attempt by his political opponents to impeach him. This led him to target his own half brotherand former President, Maumoon Abdul Gayoom, and the judiciary. Even on the eve of the polling, the police wasused to target the opposition MDP, amid concerns that the campaign had been heavily tilted in favour of Mr.Yameen.

Mr. Yameen also fostered closer ties with China and Saudi Arabia, ignoring India and even pulling the Maldives outof the Commonwealth in 2016.




Tilt towards China

The alacrity with which Mr. Yameen embraced China caught India off guard. During his China visit last year, the twonations signed 12 pacts, including a free trade agreement (FTA). Mr. Yameen not only fully endorsed China’sambitious Maritime Silk Road initiative but also made the Maldives the second country in South Asia, after Pakistan,to enter into an FTA with China. The Yameen government pushed the FTA through the nation’s Parliament, theMajlis, stealthily, with the opposition not attending the parliamentary session.

The opposition accused the Yameen government “of allowing a Chinese ‘land grab’ of Maldivian islands, keyinfrastructure, and even essential utilities, which “not only undermines the independence of the Maldives, but thesecurity of the entire Indian Ocean region”. The massive infrastructure growth funded by Chinese debt was a keypart of Mr. Yameen’s election campaign but the massive debt trap made it a difficult proposition to be accepted.

Beijing has made large investments in infrastructure projects in the Maldives during Yameen’s time in office.

They include a US$830 million investment to upgrade the Maldives airport and build a 2km bridge to link theairport island with the capital Male, according to the Centre for Global Development.

Chinese are also building a 25-storey apartment complex and hospital in the Maldives.

Meanwhile, some 306,000 Chinese tourists visited the Maldives last year accounting for 21 per cent of thecountry’s total number of visitors. When three Chinese naval ships docked in Male in August last year, it onlyamplified India’s concerns.

Recent Indo-Maldivian ties covered by apprehensions

Bilateral ties between India and the Maldives have deteriorated during Yameen’s time in power. In March 2015,Indian Prime Minister Narendra Modi cancelled his state visit to the island nation over the treatment of MohamedNasheed, the former pro-India Maldivian president who had been jailed. The Maldives also declined India’sinvitation to take part in its biennial eight-day naval exercise, Milan, this year. Yameen’s government has alsorejected visa renewals for Indians who were legally working in the Maldives, without giving any explanation.

No FTA with India: Maldives and India do not have a Free Trade Agreement. However Maldives and Chinaentered into Free Trade Agreement.

Maldives growing “closeness” with China: Both China and Pakistan stepping up their strategic inroads intothe Maldives

Religious radicalization: The Maldives is being radicalized by the Saudi funds and influence

ISIS threat: Growing Islamic radicalisation in the tiny island-nation of about four lakh people once known forits tolerant practices has many foreign governments, including India, deeply concerned.

Yameen government had asked India to remove its Dhruv advanced light helicopters from Maldives (whichIndia had gifted in 2013).

Yameen government has alleged that tensions over the presence of the two Indian helicopters in twostrategically important locations in the Laamu and Addu atolls have been growing.

Work permits are not currently being issued to Indian Nationals.

By changing to more democratic form of government in Maldives, India can engage with Maldives to establishmuch more friendly relations than previous government era to protect the safety and security of entire IndianOcean region.




Conclusion

Mr. Yameen may have conceded defeat but many of the challenges the Maldives faces linger. The opposition may havebeen united in its desire to oust Mr. Yameen but this unity will be tested in governance. Democratic institutions have beenweakened and a fragile democracy can also be susceptible to radical ideologies if not effectively governed. And China is notgoing anywhere in a hurry. Its economic presence in the Maldives is a reality that all governments will have to contendwith.

Mr. Yameen’s ouster has certainly produced a favourable outcome for New Delhi and it should seize the moment to rebuildties with Male. If there is one lesson out of the Maldives crisis, it is that political elites in India’s neighbours will come andgo but if India can stand together with the aspirations of citizens of neighbouring countries, then the prospects of a long-term sustainable relationship will be much brighter.




8.) PREVENTING A CATASTROPHE:ADDRESSING SOIL LOSS

Introduction

Floods often wash away rich, weathered soil. Rehabilitation programmes must consider this loss. However, asrebuilding is planned, what is often ignored is the soil that has been washed away. While roads and houses will berebuilt, and crop losses compensated partially through insurance, the gradual loss of soil productivity can have alasting impact on the local economy.

Soil degradation due to flooding is a serious concern. A 2014 review of soil degradation in India by multipleinstitutions shows that an estimated 14 million hectares suffer soil degradation due to flooding annually.

The impact of floods on soil was also studied in detail following the 2009 floods in North Karnataka, which killedover 170 people and caused an estimated loss of over Rs. 16,500 crore. Researchers from the National Bureau of SoilSurvey and Land Use Planning (NBSS&LUP) and other institutes estimate that 13 flood-hit districts lost 287 milliontonnes of top soil and soil nutrients across 10.75 million hectares of farmland. Under market prices, thereplacement of nutrients such as nitrates, phosphates and iron would have cost Rs. 1,625 crore, while another Rs.853 crore would have been spent on replenishing organic material lost. To recover and replace would take a“considerable” amount of time, and a steadfast programme of recovery, they noted. Nine years later, there is nocomprehensive scheme for recovery, and the effect of the floods is still visible on the ground. A soil profile of a fewaffected districts, done under the State’s integrated watershed scheme, shows large swathes of these areas having“shallow or very shallow” soil depth, organic carbon deficiency, and low productivity of land.




POVERTY AND ENVIRONMENTAL DEGRADATION

Poverty and Environmental degradation are inter-link to an extent that they enforce each other. EnvironmentalDegradation is mainly caused by too much pressure extended on our immediate environment for our daily livelihoodor by the state as a means of securing foreign currency or exchange. People especially those in the provinces obtaintheir daily bread from their immediate environment in many ways that will eventually degraded the environment toan extent that they will venture into deeper exploitation. This trend will continue to an extend that the environmentis no longer sustainable and would not be able to satisfy the livelihood of the community which will eventually leadto more poverty and environmental related problems such as draughts , famine , air and water pollution ,deforestation ,encroachment of agricultural land , poor sanitation etc.







Impact of Soil Degradation:

The following are the impacts of soil degradation:

1) Degradation leads to reduction in crop yield in the affected lands and a possible decline in cropping intensity.

2) In extreme cases, soil becomes unfit for cultivation.

3) Silting of drainage, canals, rivers and reservoirs results in increased floods and droughts.

4) In some cases farmers use more fertilizer inputs to compensate reduced soil productivity while in othercases, they use excess fertilizers.

5) The rate of siltation in many water reservoirs are significantly high. According to Central Water Commissionnearly 11 per cent of the total capacity of water reservoirs has been silted.

6) Soil degradation has several adverse impacts on the environment. It affects global climate throughalterations in water cycle and energy balances and disruptions of carbon, nitrogen and sulphur cycles.

The estimated annual loss of different crops due to soil degradation range from Rs. 89 billion to 232 billion whichrepresent a loss of 11 to 26 per cent yield

ConclusionNot all floods are bad for the soil, as seen in the oft-occurring floods along the banks of the Ganga, Kosi,Brahmaputra and other rivers taking birth in the Himalayas. There, the gushing river emanating from the mountainscarries with it loosened alluvial soil, and not only washes over farmlands, but also replenishes flood plains withfertile soil. However, in south and central India, floods wash away rich, weathered soil, which are deposited inreservoirs or as sand bars along the river bed or in the sea. Any rehabilitation programme must consider this lostsoil.

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