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Daily Current Affair 20 Dec, 2017
Government policies and interventions for development in
various sectors and issues arising out of their design and implementation.
IIM Bill
Context: Parliament
has unanimously passed the IIM Bill, 2017 that grants the Indian Institutes of
Management the power to grant degrees instead of post-graduate diplomas.
Key features of the Bill:
·
IIMs would become institutes of national importance with
power to grant degrees.
·
The boards of the institutes are proposed to be vested
with full autonomy including the power to appoint chairperson as well as the
director.
·
Power to review the performance of each IIM is also
vested with the board.
·
Board to be the principal executive body of each
institute.
·
Chairperson of the board will be appointed by the board
for a period of four years.
·
Director of each IIM will be appointed by the board for a
period of five years via a search-cum-selection panel. Once the bill becomes an
act, the board is not required to seek the human resource development
ministry’s approval for this.
·
The Board will have the power to remove a director.
·
The IIMs’ accounts will be audited by the Comptroller and
Auditor General of India.
·
There will be an IIM Coordination Forum to be notified by
the central government. It shall function as an advisory body and will be
headed by an eminent person.
·
The bill says the central government may frame rules to
give additional powers and duties to the IIM Boards and, it will decide the
terms and condition of service of directors although the appointment will be
made by the board. It will notify the IIM coordination forum to be headed by a
eminent person.
·
All rules and regulations framed either by the central government
or the IIM Boards will need to be tabled in parliament.
Government policies and interventions for development in
various sectors and issues arising out of their design and implementation.
Central Road Fund (Amendment)
Bill, 2017
The Lok Sabha has passed the
Central Road Fund (Amendment) Bill, 2017. The Bill seeks to amend the Central
Road Fund Act, 2000, through which the cess levied and collected on high speed
petrol and diesel is distributed for development of rural roads, national highways,
railways, state roads and border area roads.
Highlights of the Bill:
Inclusion of inland waterways: The Bill
defines national waterways as those that have been declared as ‘national
waterways’ under the National Waterways Act, 2016. Currently, 111
waterways are specified under the 2016 Act.
Utilisation of fund: Under the
2000 Act, the fund can be utilised for various road projects including:
(i) national highways,
(ii) state roads including
roads of inter-state and economic importance, and
(iii) rural roads. The
Bill provides that in addition to these the fund will also be used for the
development and maintenance of national waterways.
Powers of central government: Under the
Act, the central government has the power to administer the fund. The central
government will make decisions on the:
(i) investments on national
highways and expressways projects,
(ii) raising funds for the
development and maintenance of national highways, and rural roads, and
(iii) disbursement of funds
for national highways, state roads and rural roads. The Bill provides
that central government will make all the above decisions for national
waterways as well.
Allocation of cess: Under the
Act, the cess on high speed diesel oil and petrol is allocated towards
different types of roads. The Bill seeks to decrease the allocation of
cess towards the development and maintenance of national highways from 41.5% to
39%. It allocates 2.5% of the cess towards the development and
maintenance of national waterways.
About Central Road Fund:
The Central Road Fund was
established by the government as per the Central road fund act 2000 to fund the
development and maintenance of National Highways, State Highways and Rural
roads.
In order to mobilise the fund,
the Central Road Fund Act 2000 proposed to levy and collect by way of cess, a
duty of excise and duty of customs on petrol and high speed diesel oil. The
fund is utilised for the development and maintenance of National highways,
State roads, Rural roads and for provision of road overbridges/under bridges
and other safety features at unmanned Railway Crossings.
Issues relating to development and management of Social
Sector/Services relating to Health, Education, Human Resources.
E-cigarettes
Context: The government
is examining the legal implications and health effects of e-cigarettes.
The Health Ministry has
constituted three groups to study the various aspects of e-cigarettes. One was
to study the legal implications of this e-nicotine drug induce system, another
was to go into the health effects and the other was to study advocacy.
What are e-cigarettes?
An electronic cigarette (or
e-cig) is a battery-powered vaporizer that mimics tobacco smoking. It works by
heating up a nicotine liquid, called “juice.” Nicotine juice (or e-juice) comes
in various flavors and nicotine levels. e-liquid is composed of five
ingredients: vegetable glycerin (a material used in all types of food and
personal care products, like toothpaste) and propylene glycol (a solvent most
commonly used in fog machines.) propylene glycol is the ingredient that
produces thicker clouds of vapor.
Proponents of e-cigs argue
that the practice is healthier than traditional cigarettes because users are
only inhaling water vapor and nicotine.
Need for regulation:
§ In India smoking
devices are easily available through online shopping portals and with little
information out in the public domain about the ill-effects of e-cigarettes
there is a misconception that it is less harmful than traditional cigarettes.
§ Smart marketing
and inadequate information on the nicotine content in e-cigarettes has created
a false impression that these devices are not as harmful as regular cigarettes.
In the absence of a regulation the use of e-cigarettes has grown; they are
easily accessible to even the non smokers.
§ Along with the
traditional cigarette manufacturing, there is a parallel industry of
e-cigarette like devices growing in India, which is under-regulated.
Harmful effects of e
cigarettes:
Although they are generally
thought to be less harmful than smoking real cigarettes, because they contain
no tobacco, they do still contain the addictive chemical nicotine. Scientists
have confirmed that e-cigarette vapours to contain the same potentially
dangerous chemicals.
Research has also confirmed
that e-cigarette vapours contain free radical chemicals previously thought only
to be found in tobacco cigarettes and air pollutants. Free radicals are highly
reactive agents that can damage DNA or other molecules within cells, resulting
in cell death. Cigarette smoke contains 1014 free radicals per puff. Though
e-cigarette vapour contains far fewer free radicals than cigarette smoke – one
percent as much – their presence in e-cigarettes still suggests potential
health risks.
Effects of liberalization on the economy, changes in
industrial policy and their effects on industrial growth.
Amendments to Companies Act
Context: The Rajya
Sabha has passed the Companies (Amendment) Bill, 2017. It was adopted by the
Lok Sabha in July this year. The Bill provides for more than 40 amendments to
the Companies Act, 2013.
Highlights of the Bill:
§ The amendment
seeks to strengthen corporate governance standards, initiate strict action
against defaulting companies and help improve ease of doing business in the
country.
§ The major changes
include simplification of the private placement process; rationalization of
provisions related to loans to directors; replacing the requirement of approval
of the central government for managerial remuneration above prescribed limits
by approval through special resolution of shareholders and aligning disclosure
requirements in the prospectus with the regulations made by Sebi (Securities
and Exchange Board of India).
§ The Bill also
provides for maintenance of register of significant beneficial owners and makes
offence for contravention of provisions relating to deposits as
non-compoundable.
§ It also provides
for stringent penalties in case of non-filing of balance sheet and annual
return every year, which will act as deterrent to shell companies. This would
facilitate ease of doing business, and result in harmonization with Sebi, RBI
(Reserve Bank of India) and rectify certain omissions and inconsistencies in
the existing Act.
Money-laundering and its prevention.
Crackdown
against Bitcoins
Context: The rising
craze for bitcoin, a cryptocurrency that has rocketed to shocking highs, has
come under the government’s lens. The government has begun a crackdown on
illegal uses of this unregulated virtual currency.
Widening its probe into
bitcoin investments and trade, the Income Tax (IT) department is set to issue
notices to 4 to 5 lakh high networth individuals (HNI) across the country who
were trading on the exchanges of this unregulated virtual currency.
Concerns associated with the
use of bitcoins:
§ Bitcoin can be an
easy way to evade tax or snare unsuspecting small investors in ponzi schemes.
The regulators are worried about their use for illicit and illegal activities,
subjecting the users to an unintentional breach of laws against money
laundering and terror finance.
§ Concerns also
emanate from some unscrupulous entities indulging in illicit money-pooling
activities—commonly known as ponzi schemes—with the promise of huge returns
from investment in bitcoins and other variants, which they claim are minted through
blockchain, a distributed ledger technology that was created to mint bitcoins
and comprises of extremely complex algorithms with several thousand nodes for
each chain.
§ There is a
suspicion that some so-called cryptocurrencies and bitcoin investments may
actually have nothing to do with any blockchain-developed virtual currency and
are just new ways devised by scamsters to ride the wave and what they may be
offering could be ‘e-ponzi’ schemes.
Background:
While some of the countries
such as Nepal, Bangladesh, Kyrgyzstan have declared Bitcoins as a means of
payment illegal and in violation of the state law, a majority are yet to take a
stand on it. In December 2013, RBI issued a warning with caution to users,
holders and traders of virtual currencies, including Bitcoins, about the
potential financial, operational, and legal, customer protection and security
related risks that they are exposing themselves to. Bitcoins are currently
unregulated in India. There are no specific legal frameworks for Bitcoins and
cryptocurrencies in India yet.
Awareness in the fields of IT, Space, Computers,
robotics, nano-technology, bio-technology and issues relating to intellectual
property rights.
Blockchain
technology
Context: The West Bengal
government is planning to introduce the blockchain technology to protect its
documents from cyber attacks.
Key facts:
·
The state government’s proposed Cyber Security Centre of
Excellence would be entrusted to execute the new ‘blockchain’ mechanism at
various departments.
·
The cyber security centre will bring the best in
academic, law enforcement and other sections under one roof for the best
practices to counter cyber crimes.
·
The centre will also conduct research and development on
cyber crimes for which the state government will partner with private firms.
Background:
Recently, computers at some
offices of the West Bengal State Electricity Distribution Company Limited were
crippled by ‘WannaCry’ virus, a global ransomware. Ransomware is a type of
malicious software designed to block access to a computer system until a sum of
money is paid.
What is Blockchain?
Blockchain is an online ledger
of digitally recorded transactions which is encrypted in the form of blocks,
each of which is connected by a network of computers.
How it works?
Blockchain enables two
entities that do not know each other to agree that something is true without
the need of a third party. As opposed to writing entries into a single sheet of
paper, a blockchain is a distributed database that takes a number of inputs and
places them into a block. Each block is then ‘chained’ to the next block using
a cryptographic signature. This allows blockchains to be used as a ledger which
is accessible by anyone with permission to do so. If everyone in the
process is pre-selected, the ledger is termed ‘permissioned’. If the process is
open to the whole world, the ledger is called unpermissioned.
Benefits of
blockchain technology:
A blockchain is anonymous,
protecting the identities of the users. This makes blockchain a more secure way
to carry out transactions. The algorithm used in blockchain reduces the
dependence on people to verify the transactions.
Conservation.
Methanol
Economy Fund
Context: Niti Aayog
is planning to set up a Methanol Economy Fund worth Rs 4,000-5,000 crore to
promote production and use of the clean fuel. The government think-tank is
aiming at generation of the fuel by converting high ash content coal into methanol
and such a plant is expected to be set up by Coal India.
Niti Aayog plans to move a
Cabinet note soon on the methanol economy and the plans to set up production
plants. It expects that two plans can be commissioned in the next 3-4 years.
Methanol as an alternative
fuel:
Methanol is a promising fuel
as it is clean, cheaper than fossil fuels and a good substitute for heavy
fuels. India imports methanol from Saudi Arabia and Iran at present. Across the
world, methanol is emerging as a clean, sustainable transportation fuel of the
future.
Methanol can be blended with
gasoline in low-quantities and used in existing road vehicles, or it can be
used in high-proportion blends such as M85-M100 in flex-fuel or dedicated
methanol-fueled vehicles. Technology is also being commercialized to use
methanol as a diesel substitute.
Why Methanol?
§ Methanol can be
used as an energy producing fuel, transportation fuel and cooking fuel, cutting
down India’s oil import bill by an estimated 20% over the next few years. Unlike
CNG, using methanol as a transportation fuel would require minimal alteration
in the vehicles.
§
§ Methanol is a
clean-burning fuel that produces fewer smog-causing emissions — such as sulphur
oxides (SOx), nitrogen oxides (NOx) and particulate matter — and can improve
air quality and related human health issues.
§
§ Methanol is most
commonly produced on a commercial scale from natural gas. It can also be
produced from renewable sources such as biomass and recycled carbon dioxide.
§ As a high-octane
vehicle fuel, methanol offers excellent acceleration and power. It also
improves vehicle efficiency.
Facts for Prelims:
HAMESHA VIJAYEE:
What is it? It is an exercise
by armed forces being conducted in the deserts of Rajasthan to evaluate the
capability of the armed forces to strike deep into enemy territory in an
integrated air-land battle.
Significance of the exercise:
Unique in scope and scale, the exercise being conducted in battle like
conditions, aims at fine tuning surveillance and destruction mechanisms to
support precision strikes and manoeuvres by network enabled forces. With
emphasis on joint operations, the exercise would test robust sensor to shooter
grids by employing a vast array of surveillance and air assets networked with
land based strategic and tactical vectors.
Important Points
·
Niti Aayog to set up - Methanol Economy Fund
·
Lok Sabha passed the Central Road Fund (Amendment)
Bill, 2017 on - 19th December 2017
·
International Human Solidarity Day 2017 observed
across the world on - 20th December 2017
·
India signs US$ 125 million worth
financing agreement with World Bank on -19th December 2017
·
2nd phase of joint oceanographic survey completed by -
India and Sri Lanka
Details
Niti Aayog to set up - Methanol Economy Fund
Government’s think-tank Niti Aayog is thinking to set up
a Methanol Economy Fund with a collection of Rs 4,000-5,000 crore. It focuses
to promote manufacturing and utilization of the clean fuel with this fund.
The Niti Aayog is conscious to produce the fuel by transforming high ash
content coal into methanol and such a plant is probably to be set up by
Coasubstitutel India.
Niti Aayog is projecting to move a Cabinet note on the methanol economy and
soon it will set up manufacturing plants.
By the end of December, it is also projecting to propose
a roadmap to attain its goal of increasing the penetration of Methanol as
an alternative fuel to petrol and diesel.
Objective of Methanol Economy Fund
·
Methanol Economy Fund will be used to promote the
utilization of methanol fuel, which is safer, cheaper, and pollution
free.
·
Methanol manufacturing plants will be set up using coal
and stranded gas assets. In India methanol can be manufactured at Rs 16-21
per liter. It is supposed to be commissioned in the coming 3-4 years.
·
Benefits of Methanol
·
Methanol can be utilized as a transportation fuel, energy
forming fuel and cooking fuel.
·
It could play a mega role in bringing down India’s oil
import bill by an approximated 20 percent over the coming few years.
·
Using methanol as a transportation fuel would need
minimal changes in the vehicles, unlike CNG.
·
China is the world’s largest manufacturer of
methanol.
·
Aayog's Future Plan
·
The Aayog is also working on transforming certain
diesel-powered rail engines to work on methanol. Ideas are in progress to
make confident that ships and boats in the inland waterways enterprises are
also run on methanol.
·
The Aayog is also in talks with some automobile
organizations such as Tata and Volvo to manufacture buses running on
methanol.
Lok Sabha passed the Central
Road Fund (Amendment) Bill, 2017 on - 19th December 2017
The Lok Sabha on 19th December 2017 passed the Central
Road Fund (Amendment) Bill, 2017. The Bill looks forward to amend the
Central Road Fund Act, 2000. The bill was launched in the Lok Sabha on 24th
July 2017.
According to the Central Road Fund Act, 2000, the cess levied and gathered on
high speed petrol and diesel is dispersed for development of rural roads,
railways, national highways, state roads and border area roads.
Important Highlights
·
The Central Road Fund (Amendment) Bill, 2017 looks
forward to allocate 2.5% of the funds gathered to accelerate the
development and maintenance of national waterways by decreasing the equal
percentage from the portion of national highways.
·
The Bill is focused at tentatively collecting about Rs
2300 crore earnings for national waterways.
·
Need to amend the Central Road Fund Act, 2000
·
National Waterways has issued logistically efficient,
cost effective, and environment friendly of transport mode.
·
Its evolution as a supplementary mode will authorize diversion
of traffic from the over-crowded roads and railways.
·
In the past year, with the validation of the National
Waterways Act, 2016, the total number of national waterways summed out to
be 111.
·
However, infrastructure such as jetties, navigational channels
and terminals continues to be problems for better shipping and commercial
navigation.
·
In order to expand national waterways with modern
infrastructure, sustainable source of funding is required as a budgetary
support as funds from multilateral institutions are insufficient.
·
One of the sustainable sources of collection for the
development of waterways is to earmark definite percent of cess levied and
gathered on high-speed diesel and petrol under the Central Road Fund Act, 2000.
International Human Solidarity
Day 2017 observed across the world on - 20th December 2017
The International Human Solidarity Day was noticed across
the world on 20th December 2017.
In the Millennium Declaration, solidarity is recognized
as one of the fundamental values of international relations in the 21
Century, wherein those who benefit least deserve aid from those who benefit
most.
The Day focuses to raise public awareness of the significance of solidarity and
encourages discuss on the ways to enhance solidarity for the achievement
of the Sustainable Development objectives including poverty eradication.
Did you know?
·
The UN General Assembly started the World Solidarity Fund
on 20th December 2002 as a trust fund of the UN Development Program. Its
aim was to eliminate poverty and encourage human and social development
in developing nations.
·
Later on 22nd December 2005, the General Assembly
recognized solidarity as one of the fundamental and universal values via
its resolution 60/209. According to the resolution, solidarity should basic
relations between peoples in the 21st century.
·
Thus, the assembly also finalized to proclaim 20th
December of every year as the International Human Solidarity Day.
India signs US$ 125 million
worth financing agreement with World Bank on -19th December 2017
India on 19th December 2017 signed a financing accordance
worth US$ 125 million with the World Bank for ‘Skills Strengthening for
Industrial Value Enhancement Operation (Strive) Assignment”.
The accordance for the IDA credit was signed by the Government of India with
the World Bank in the New Delhi.
While Sameer Kumar Khare, the Joint Secretary in the Department of Economic
Affairs, Ministry of Finance signed the deal on behalf of the Union
Government, Hisham Abdo, the Acting Country Director of World Bank (India)
signed on behalf of the World Bank.
Key Objective
·
The main aim of the operation is to upgrade access to
quality and market-driven vocational training and apprenticeships.
·
The final areas for the project include:
·
Enhance Performance of Industrial Training Institutes.
·
Enlarge Capacities of State Government to Support
Industrial Training Institutes and
·
Apprenticeship Training.
·
Enhance Teaching and Learning.
·
Improved and Broadened Apprenticeship Training.
2nd phase of joint
oceanographic survey completed by - India and Sri Lanka
The Indian Navy in collaboration with the Sri Lankan navy
completed the second phase of the joint oceanographic survey conducted off the
South Western Coast of Sri Lanka successfully. The survey was initiated
with the arrival of the Indian Naval Ship Sutlej in Sri Lanka on 26th October
2017.
The survey charts were handed over by the Indian side to
the Commander of the Sri Lankan Navy on 19th December 2017. The survey
extended to a depth contour of 200 m from the coastline which is ranging from
Colombo to Galle.
Main Objective behind this Survey
·
The main aim to launch the joint oceanographic survey was
to update all the navigational charts, covering the waters of southern Sri
Lanka with the latest hydrographic data.
·
It is also aiming to bolster cooperation between both the
countries in the field of hydrography.
·
The exercise also provides an opportunity for both the
naval sides to learn from each other and to build on the already existing high
level of compatibility between these two nations.
Important Highlights
·
The move is expected to increase the navigational safety
level of all ships visiting Sri Lanka.
·
Thus, it will be benefitting the international shipping
traffic passing through the southern coast of Sri Lanka and in turn pave the
way for the blue economy development.
·
More about the joint oceanographic survey
·
The Indian Navy and Sri Lanka Navy conducted the first
phase of the survey betweeb 30th March and 11th May 2017.
·
The first survey task was undertaken by Indian Naval ship
INS Darshak, which is an indigenously designed and constructed vessel, fitted
with the latest state of the art survey equipment.
·
The joint survey task also included the imparting of
extensive training to the Sri Lankan Navy personnel who were embarked onboard
the ship to help in capacity building of Sri Lankan Navy’s Hydrographic
Department.
·
The third phase is expected to be undertaken in next year
only i.e 2018.
A permanent mechanism is needed to review laws and weed
out the obsolete ones
If law-making is a long and tedious process, it appears
that unmaking existing laws is an equally arduous task. How else does one
explain the fact that until three years ago, a huge number of obsolete Acts
remained in the law books despite losing their relevance and utility? It has
been only in the last three years that nearly 1,800 obsolete laws have been
repealed. In the latest round, 235 outdated Acts and nine pre-Independence
Ordinances have been repealed. These pieces of legislation may have been relevant
and necessary at the time they were introduced, but in the absence of a
periodic review they continue to burden the statutory corpus. These laws are
archaic mainly because the social, economic and legal conditions that required
their enactment does not obtain today; they are also not in tune with the
progress of democracy since Independence. Among the Acts repealed are the
Prevention of Seditious Meetings Act, 1911, the Bengal Suppression of Terrorist
Outrages (Supplementary) Act, 1932, and the Preventive Detention Act, 1950. The
country still has a body of ‘anti-terror’ legislation as well as preventive
detention laws. Although such laws remain in the statute books, these
particular enactments are redundant. Other questionable legal provisions, for
example, those on ‘sedition’ or exciting disaffection against the state,
remain; so do ‘adultery’ and ‘sex against the order of nature’. Such obsolete
concepts and notions that underlie law-making also require an overhaul.
In a 2014 interim report, the first of four such reports
on obsolete laws, the Law Commission noted that the panel had been identifying
Acts for repeal in many of its reports in the past. Its 96th and 148th Reports
recommended a good number of such laws. In 1998, the P.C. Jain Commission recommended
the withdrawal of a large body of legislation, and also noted that as many as
253 Acts identified earlier for withdrawal still remained on the statute book.
Nine ordinances issued by the Governor-General between 1941 and 1946, covering
subjects such as war injuries, war gratuities and collective fines, are being
removed from the statute book only now. It is odd, even amusing, that the
Howrah Offences Act, 1857, the Hackney-Carriage Act, 1879, and the Dramatic
Performances Act, 1876, have been in force well into the current century. The
problem with not removing archaic laws is that they could be invoked suddenly
against unsuspecting and otherwise law-abiding citizens. It is a welcome sign
for good governance that the present government is updating and trimming the
statute book. Given that legislation is quite a prolific activity, especially
in the State Assemblies, it would be advisable to have a permanent commission
to review the existing body of law and identify those that require repeal as
often as possible.
Wait and
watch: on U.S. security strategy
India
should be wary of being drawn too tightly into the U.S. security embrace
India
has unequivocally welcomed U.S. President Donald Trump’s announcement of the
National Security Strategy (NSS) for his country during his tenure. To be sure,
the positive words used in the international section of the 55-page strategy
paper represent an affirmation of India’s stature, and acknowledge “India’s
emergence as a leading global power”. It mentions plans to “encourage Indian
economic assistance in the region”, and outlines U.S. support to India’s
“leadership role in Indian Ocean security and throughout the broader region” as
a priority. Mr. Trump’s views of China’s assault on the “sovereignty” of South
Asian nations and of Pakistan’s continued support to terror groups are closely
aligned with India’s concerns in the neighbourhood. It is significant that the
U.S. has highlighted them. In its response, New Delhi has “appreciated the
strategic importance” given to India as well as the common objectives that
India and the U.S. now share. Predictably, the five countries singled out by
the U.S. for criticism have not been as warm in their response. China has
accused the U.S. of pursuing what it calls a “cold war mentality and the
zero-sum game”. Russia has said that the strategy reeks of “imperialism” as the
NSS accuses China and Russia of using their military might to deny America
access to what it calls “critical commercial zones”. Pakistan, Iran and North
Korea have also been dismissive.
India
must be mindful, therefore, that in welcoming the U.S.’s categorisations of its
security threats, it doesn’t unthinkingly get swept into an American clinch. To
begin with, the U.S. articulation of its perceived challenges has swung wildly
over the past year of the Trump administration. It would be wise to await a
stabilisation in Mr. Trump’s policies, or at least concrete action to back its
words. For example, while the U.S. has talked of countering China’s influence
in South Asia, it has not backed this with actual financial assistance for
infrastructure critical to the region. Equally, while Mr. Trump’s words on
Pakistan and terrorism are sharp, the U.S. has yet to show its hand, either in
terms of military action or withholding of coalition support funds. While the
U.S. strategy deals with global concerns, the past year has seen American
withdrawal from pacts ranging from the Trans-Pacific Partnership to the Paris
agreement on climate change. A tough U.S. security strategy can only be
realised through cogent policymaking — whether it is on Israel-Palestine, North
Korea, Iran or Afghanistan, Mr. Trump has been publicly at odds with his key
advisers. A watch-and-wait stance is still India’s best option to preserve the
autonomous and pluralistic nature of its engagement in areas where the U.S.
faces its greatest challenges.
Divorce as crime: on instant triple
talaq
Making
triple talaq a criminal offence is unnecessary and possibly counter-productive
The
Centre’s proposal to make instant triple talaq an offence punishable with
three-year imprisonment and a fine is an unnecessary attempt to convert a civil
wrong into a criminal act. By a three-two majority, the Supreme Court has
already declared, and correctly, that the practice of talaq-e-biddat, or
instant divorce of a Muslim woman by uttering the word ‘talaq’ thrice, is
illegal and unenforceable. While two judges in the majority said the practice
was arbitrary and, therefore, unconstitutional, the third judge ruled that it
was illegal because it was contrary to Islamic tenets. Its consequence is that
the husband’s marital obligations remain, regardless of his intention in
pronouncing it. When Parliament enacts a law to give effect to the judicial
invalidation of talaq-e-biddat, it must primarily ensure protection to Muslim
women against its use. Although the details are not yet available, the proposed
Muslim Women (Protection of Rights on Marriage) Bill, 2017, appears to have
provisions for maintenance or subsistence allowance to the wife and children in
the event of triple talaq being pronounced. It seeks to preserve the woman’s
entitlement to custody of her children. While these are welcome and necessary
features of a law aimed to protect the rights of Muslim women against arbitrary
divorce, it hardly requires iteration that the civil character of these aspects
of marital law must be preserved.
Instant
triple talaq is viewed as sinful and improper by a large section of the
community itself. Therefore, there can be no dispute about the need to protect
Muslim women against the practice. But it is also well established that
criminalising something does not have any deterrent effect on its practice.
That there have been 66 cases of its use after the Supreme Court verdict only
underscores the need for protecting women against desertion and abandonment,
but is it justified to send someone to jail? Also, the fine amount under
consideration could as well be awarded as maintenance or subsistence allowance.
The All-India Majlis-e-Ittehadul-Muslimeen president, Asaduddin Owaisi, has
argued in a letter to the Union Law Minister that there is no need for a fresh
criminal provision when existing laws, under Section 498A of the Indian Penal
Code or provisions of the Protection of Women from Domestic Violence Act, 2005,
already allow the prosecution of a husband for inflicting physical or mental
cruelty, emotional and economic abuse, and for deprivation of financial
resources. Regardless of whether instant talaq would fall under any of these
forms of cruelty or domestic violence, criminalising it risks defeating the
objective of preserving the husband’s legal obligations, and the payment of
maintenance. The Centre would do well to reconsider its draft and limit its
scope to providing relief to women, instead of creating a new offence out of a
civil matter.
Making
triple talaq a criminal offence is unnecessary and possibly counter-productive
The
Centre’s proposal to make instant triple talaq an offence punishable with
three-year imprisonment and a fine is an unnecessary attempt to convert a civil
wrong into a criminal act. By a three-two majority, the Supreme Court has
already declared, and correctly, that the practice of talaq-e-biddat, or
instant divorce of a Muslim woman by uttering the word ‘talaq’ thrice, is illegal
and unenforceable. While two judges in the majority said the practice was
arbitrary and, therefore, unconstitutional, the third judge ruled that it was
illegal because it was contrary to Islamic tenets. Its consequence is that the
husband’s marital obligations remain, regardless of his intention in
pronouncing it. When Parliament enacts a law to give effect to the judicial
invalidation of talaq-e-biddat, it must primarily ensure protection to Muslim
women against its use. Although the details are not yet available, the proposed
Muslim Women (Protection of Rights on Marriage) Bill, 2017, appears to have
provisions for maintenance or subsistence allowance to the wife and children in
the event of triple talaq being pronounced. It seeks to preserve the woman’s
entitlement to custody of her children. While these are welcome and necessary
features of a law aimed to protect the rights of Muslim women against arbitrary
divorce, it hardly requires iteration that the civil character of these aspects
of marital law must be preserved.
Instant
triple talaq is viewed as sinful and improper by a large section of the
community itself. Therefore, there can be no dispute about the need to protect
Muslim women against the practice. But it is also well established that
criminalising something does not have any deterrent effect on its practice.
That there have been 66 cases of its use after the Supreme Court verdict only
underscores the need for protecting women against desertion and abandonment,
but is it justified to send someone to jail? Also, the fine amount under
consideration could as well be awarded as maintenance or subsistence allowance.
The All-India Majlis-e-Ittehadul-Muslimeen president, Asaduddin Owaisi, has
argued in a letter to the Union Law Minister that there is no need for a fresh
criminal provision when existing laws, under Section 498A of the Indian Penal
Code or provisions of the Protection of Women from Domestic Violence Act, 2005,
already allow the prosecution of a husband for inflicting physical or mental
cruelty, emotional and economic abuse, and for deprivation of financial
resources. Regardless of whether instant talaq would fall under any of these
forms of cruelty or domestic violence, criminalising it risks defeating the
objective of preserving the husband’s legal obligations, and the payment of
maintenance. The Centre would do well to reconsider its draft and limit its
scope to providing relief to women, instead of creating a new offence out of a
civil matter.
ONE
LINERS
First
Bank to introduce Mutual Fund in India – State Bank of India
First
Bank to introduce Internet Banking in India- ICICI Bank
First
Indian Bank started with Indian capital – Punjab National Bank
First
Bank in India to launch Talking ATMs for differently able person is – Union
Bank Of India
First
bank in India to launch its own Payment Aggregators – State Bank of India
First
Bank in India to launch Green Bonds at London Stock Exchange is – Axis bank
First
Bank in India to launch Masala Bonds at London Stock Exchange is – HDFC bank
Bank
introduced the India’s first banking robot Lakshmi – City Union Bank
Largest
Foreign Bank in India- Standard Chartered Bank
The
oldest joint stock public bank in India is – Allahabad bank
First
foreign bank to open a branch in India – Comptoired’Escompte de Paris
First Cooperative Bank of India - Anyonya Cooperative Bank
Message Ends
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