Weekly Current Affairs (8th to 14th May 2023) Part - 2 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

Forest Fires in Goa

Context: The inquiry of bushfires that broke down in March 2023 by Goa Forest department has found that the fires were largely triggered by natural causes.

What did the Forest Department Inquiry Find?

Cause behind Forest Fire: The report suggests that a conducive environment and extreme weather conditions — deficient rainfall in the preceding season, unusually high temperatures, low moisture and humidity — led to the fires.

• Very little rain in Goa since October 2022, along with heat-wave-like conditions and low humidity, created conditions that were ripe for forest fires.

Goa's Forest Fire:

• The India State of Forest Report (ISFR) 2021 published by the Forest Survey of India (FSI) classifies 100% of Goa’s forest cover as “less fire prone”.
• Also, Goa does not experience crown fires (caused by friction of trees) which mostly occur abroad.
  • Surface fires are common in moist deciduous forests of Goa.
• Minor surface fires that burn undergrowth and dead organic matter on the forest floor are common due to the slash-and-burn techniques used by villagers to clear grazing land for cattle.
  • Cashew farmers often start minor constrained fires to clear weeds and reduce undergrowth.

What are Forest Fires?

About:

• Forest fires are uncontrolled fires that occur in areas with a significant amount of combustible vegetation, such as forests, grasslands, or shrublands.

Causes of Forest Fire:

• Natural: Lightning is the most prominent cause which set trees on fire. However, rain extinguishes such fires without causing much damage.
• Spontaneous combustion of dry vegetation and volcanic activities also cause forest fires.
• High atmospheric temperatures and dryness (low humidity) offer favorable circumstance for a fire to start.
• Man-Made: Fire is caused when a source of fire like naked flame, cigarette or bidi, electric spark or any source of ignition encounters inflammable material.

Types:

• Crown fires burn trees up their entire length to the top. These are the most intense and dangerous wildland fires.
• Surface fires burn only surface litter and duff. These are the easiest fires to put out and cause the least damage to the forest.
• Ground fires (sometimes called underground/subsurface fires) occur in deep accumulations of humus, peat and similar dead vegetation that become dry enough to burn. 

Advantages:

• Cleaning the Forest Floor
• Providing Habitat
• Killing Disease
• Nutrient Recycling

Disadvantages:

• Kill or Injure unintended Plants/Trees
• Can Lead to Erosion and Sedimentation
• Can Devastate the Ecosystem
• Threat to Human Life

Vulnerability in India:

• The forest fire season normally extends from November to June in India.
• A report by the Council of Energy, Environment and Water (CEEW) has noted:
  • A tenfold increase in forest fires over the past two decades and says more than 62% of Indian states are prone to high-intensity forest fires.
  • Andhra Pradesh, Odisha, Maharashtra, Madhya Pradesh, Chhattisgarh, Uttarakhand, Telangana, and the Northeastern states are most prone to forest fires.
  • Mizoram has seen the highest incidence of forest fires over the last two decades, and 95% of its districts are forest fire hotspots.
• The ISFR 2021 estimates that more than 36% of the country’s forest cover is prone to frequent forest fires, 6% is ‘very highly’ fire-prone, and almost 4% is ‘extremely’ prone.
  • Also, An FSI study has found that nearly 10.66% area under forests in India is ‘extremely’ to ‘very highly’ fire prone.

What are the India’s Initiatives Related to Managing Forest Fires?

• National Action Plan for Forest Fires (NAPFF): It was started in 2018 with the goal of reducing forest fires by informing, enabling, and empowering forest fringe communities and incentivizing them to collaborate with state forest departments.
• National Mission for Green India (GIM): Launched under the National Action Plan on Climate Change, the GIM aims to increase forest cover and restore degraded forests.
  • It promotes the use of community-based forest management, biodiversity conservation, and sustainable forest practices, which contribute to preventing forest fires.
• Forest Fire Prevention and Management Scheme (FFPM): FFPM is implemented by the FSI under the MoEF&CC. It aims to strengthen the forest fire management system by utilizing advanced technologies such as remote sensing.
  • It is the only government-sponsored programme dedicated to assisting states in dealing with forest fires.

What should be done to Mitigate Forest Fires?

• Create Fire Breaks: Fire breaks are areas where vegetation has been removed, creating a gap that can slow or stop the spread of a fire.
• Monitor and Manage Forests: Monitoring forests and managing them appropriately can help prevent fires from starting or spreading.
• Early Detection and Rapid Response: Early detection of a forest fire is critical for effective mitigation.
  • The Forest Survey of India (FSI) is using satellite imaging technology (like MODIS) to analyse forest fire affected areas and boost prevention.
• Fuel Management: Reducing the accumulation of dead trees, dry vegetation, and other combustible materials through activities such as thinning and selective logging.
• Firewise Practices: Safe practices must be adopted in areas near forests viz. factories, coal mines, oil stores, chemical plants and even in household kitchens.
• Practice Controlled Burning: Controlled burning involves setting small fires in a controlled environment.

Carbon Border Adjustment Mechanism

Context: The European Union (EU) has announced that its Carbon Border Adjustment Mechanism (CBAM) will be introduced in its transitional phase from October 2023, which will levy a carbon tax on imports of products made from the processes which are not Environmentally sustainable or non-Green.

• CBAM will translate into a 20-35 % tax on select imports into the EU starting 1st January 2026.

What is CBAM?

About:

• CBAM is part of the “Fit for 55 in 2030 package", which is the EU’s plan to reduce greenhouse gas emissions by at least 55% by 2030 compared to 1990 levels in line with the European Climate Law.
• The CBAM is a policy tool aimed at reducing Carbon Emissions by ensuring that imported goods are subject to the same carbon costs as products produced within the EU.

Implementation:

• The CBAM will be implemented by requiring importers to declare the quantity of goods imported into the EU and their embedded Greenhouse Gas (GHG) emissions on an annual basis.
• To offset these emissions, importers will need to surrender a corresponding number of CBAM certificates, the price of which will be based on the weekly average auction price of EU Emission Trading System (ETS) allowances in €/tonne of CO2 emitted.

Objectives:

• CBAM will ensure its climate objectives are not undermined by carbon-intensive imports and spur cleaner production in the rest of the world.

Significance:

• It can encourage non-EU countries to adopt more stringent environmental regulations, which would reduce global carbon emissions.
• It can prevent carbon leakage by discouraging companies from relocating to countries with weaker environmental regulations.
• The revenue generated from CBAM will be used to support EU climate policies, which can be learned by other countries to support Green Energy.

How can it Impact India?

Impact India’s Export:

• It will have an adverse impact on India's exports of metals such as Iron, Steel and aluminum products to the EU, because these will face extra scrutiny under the mechanism.
• India's major exports to the EU, such as iron ore and steel, face a significant threat due to the carbon levies ranging from 19.8% to 52.7%.
• From 1st January 2026, the EU will start collecting the carbon tax on each consignment of steel, aluminum, cement, fertilizer, hydrogen and electricity.

Carbon Intensity and Higher Tariffs:

• The carbon intensity of Indian products is significantly higher than that of the EU and many other countries because coal dominates the overall energy consumption.
• The proportion of coal-fired power in India is close to 75%, which is much higher than the EU (15%) and the global average (36%).
• Therefore, direct and indirect emissions from iron and steel and aluminium are a major concern for India as higher emissions would translate to higher carbon tariffs to be paid to the EU.

Risk to Export Competitiveness:

• It will initially affect a few sectors but may expand to other sectors in the future, such as refined petroleum products, organic chemicals, pharma medicaments, and textiles, which are among the top 20 goods imported from India by the EU.
• Since India has no domestic carbon pricing scheme in place, this poses a greater risk to export competitiveness, as other countries with a carbon pricing system in place might have to pay less carbon tax or get exemptions.

What Measures can India Take to Mitigate the Impact of CBAM?

Decarbonization Principle:

• On the domestic front, the government has schemes like National Steel Policy, and the Production Linked Incentive (PLI) scheme aims to increase India’s production capacity, but carbon efficiency has been out of the objectives of such schemes.
• The government can complement these schemes with a Decarbonization Principle.
• Decarbonization refers to the process of reducing or eliminating greenhouse gas emissions, especially carbon dioxide (CO2), from human activities such as transportation, power generation, manufacturing, and agriculture.

Negotiation with EU for Tax Reduction:

• India could negotiate with the EU to recognize its energy taxes as equivalent to a carbon price, which would make its exports less susceptible to CBAM.
• For example, India could argue that its tax on coal is a measure to internalize the costs of carbon emissions, and therefore equivalent to a carbon tax.

Transfer of Clean Technologies:

• India should negotiate with the EU to transfer clean technologies and financing mechanisms to aid in making India’s production sector more carbon efficient.
• One way to finance this is to propose to the EU to set aside a portion of their CBAM revenue for supporting India’s climate commitments.
• Besides, India should also begin preparing for the new system just as China and Russia are doing by establishing a Carbon Trading System.

Incentivizing Greener Production:

• India can begin preparations and in fact, seize the opportunity to make production greener and sustainable by incentivizing cleaner production which will benefit India in both remaining competitive in a more carbon-conscious future.
• International economic system and achieving its 2070 Net Zero Targets without compromising on its developmental goals and economic aspirations.

Take on EU’s Tax Framework:

• India, as the leader of the G-20 2023, should use its position to advocate for other countries and urge them to oppose the EU's carbon tax framework.
• India should not only focus on its own interests but also consider the negative impact that the CBAM will have on poorer countries that heavily rely on mineral resources.

Conclusion

• The CBAM is a policy to reduce carbon emissions from imported goods and create a fair-trade environment.
• It can encourage other countries to have stricter environmental regulations and reduce global carbon emissions.

Sludge Management

Context: The sludge found in Indian sewage treatment plants (STPs) plays a significant role in the efforts to treat polluted water from the Ganga River. A recent study of this sludge revealed its potential for use as fertilizer and a potential biofuel.

• The National Mission for Clean Ganga, aimed at preventing pollution and rejuvenating the Ganga River, has introduced an emerging initiative called 'Arth Ganga' (economic value from Ganga).
• This initiative aims to derive livelihood opportunities from the river rejuvenation program and includes measures to monetize and reuse treated wastewater and sludge.

What is Sludge?

About:

• Sludge is the thick residue generated during the treatment of wastewater or sewage in sewage treatment plants.
• It is the semi-solid material remaining after the liquid portion of the sewage has been separated and treated.
• The composition of sludge can vary depending on the source and treatment processes used.
• It typically contains organic compounds, nutrients (such as nitrogen and phosphorus), and microorganisms.
• However, sludge can also contain contaminants like heavy metals, industrial pollutants, and pathogens.
• Treatment and processing of sludge can yield organic fertilizers, biogas for energy production, or construction materials.
• Contaminants in sludge require careful handling to avoid negative impacts on water bodies and agricultural land.

Classification of Treated Sludge:

• Sludge can be classified as class A or class B according to the standards of the United States Environment Protection Agency.
• Class A sludge is safe for open disposal and serves as organic fertilizer.
• Class B sludge can be used in restricted agricultural applications, with precautions to avoid exposure of edible parts of crops to sludge-mixed soil and to limit contact with animals and people.
• India does not have established standards for classifying sludge as class A or B.

State of Sludge in Indian STPs:

• Contractors under the Namami Ganga Mission are assigned land for sludge disposal.
• Inadequate treatment of sludge by these contractors leads to its release into rivers and local water sources during rainfall.
• Data on the chemical characteristics of sludge is essential to incentivize private players to treat and dispose of sludge properly.
• This study marks the first of its kind initiative in India, aimed at effectively addressing the issue of sludge disposal.

What are the Findings from the Study?

Findings:

• Most of the dried sludge analyzed falls into the class B category.
• Nitrogen and phosphorus levels exceed India's fertilizer standards, while potassium levels are lower than recommended.
• Total organic carbon content is higher than recommended, but heavy metal contamination and pathogen levels surpass fertilizer standards.
• Calorific value of sludge ranges from 1,000-3,500 kcal/kg, lower than that of Indian coal.

Recommendations for Improving Sludge Quality:

• Storage of sludge for at least three months is recommended to kill pathogens.
• Blending sludge with cattle manure, husk, or local soil can reduce heavy metal content.
• These measures, however, would still categorize sludge as class B.
• Converting sludge into class A would require more extensive treatment.

What is the Arth Ganga Project?

About:

• ‘Arth Ganga’ implies a sustainable development model with a focus on economic activities related to Ganga.
• Prime Minister of India first introduced the concept during the first National Ganga Council meeting in Kanpur in 2019, where he urged for a shift from Namami Gange to the model of Arth Ganga.

Under Arth Ganga, the government is working on six verticals:

• The first is Zero Budget Natural Farming, which involves chemical-free farming on 10 km on either side of the river, and the promotion of cow dung as fertilizer through the Gobardhan scheme.
• The Monetization and Reuse of Sludge & Wastewater is the second, which seeks to reuse treated water for irrigation, industries and revenue generation for Urban Local Bodies (ULBs).
• Arth Ganga will also involve Livelihood Generation Opportunities, by creating haats where people can sell local products, medicinal plants and ayurveda.
• The fourth is to increase public participation by increasing synergies between the stakeholders involved with the river.
• The model also wants to promote the cultural heritage and tourism of Ganga and its surroundings, through boat tourism, adventure sports, and by conducting yoga activities.
• Lastly, the model seeks to promote institutional building by empowering local administration for improved water governance.

India's Power Sector in 2030: Shift to Renewables and Coal's Decline

Context: Recently, the Central Electricity Authority (CEA) (Ministry of Power) released a new publication titled Report on Optimal Generation Mix 2030 Version 2.0.

• This is an updated version of the report published in 2020 titled Report on Optimal Generation Capacity Mix for 2029-30.
• The report highlights the changes expected in India's energy mix, with a decline in coal's share and a rise in renewable energy (RE) sources.
• Earlier, the CEA released the latest draft of the National Electricity Plan (NEP) 2022-27.

What are the Key Highlights?

Coal Share in Power Mix:

• Coal's share in the power mix is projected to decline from 73% in 2022-23 to 55% in 2030.

Impact on Coal Usage:

• Although the share of coal in power generation is set to reduce, in absolute terms, coal power capacity and generation will increase between 2023 and 2030.
• Coal capacity is projected to rise by 19%, and generation is expected to increase by 13% during this period.

Solar Energy Contribution:

• Solar energy is expected to play a significant role in the power mix, lifting the overall load.
• Projections indicate a quadrupling of solar capacity from 109 GW to 392 GW by 2030.
• Solar generation is expected to increase from 173 BU to 761 BU in the same period.

Note:

• Power capacity differs from generation. Capacity is the maximum power a plant can produce and is expressed in watts (or gigawatts or megawatts).
• Generation is the actual amount of power produced in one hour, expressed in watt-hours or billion units (BU).

Contribution of Other RE Sources:

• Projections for large hydropower and wind energy remain modest in the future power mix.
• Large hydro generation is expected to increase from 8% to 9% by 2030.
• Wind generation, on the other hand, is projected to decrease to 9% in the updated version (from 12% in the previous report).
• Renewable sources, including small hydro, pumped hydro, solar, wind, and biomass, are expected to account for 31% of the power mix in 2030, compared to the current 12%.

Role of Natural Gas in the Power Generation Mix:

• Despite aspirations to increase the share of natural gas, its contribution to power generation remains small.
• The report estimates the likely retirement of 2,121.5 MW of coal plants by 2030, with 304 MW set to be retired during 2022-23.

Greenhouse Gas Emissions:

• The power sector contributes approximately 40% of India's total greenhouse gas emissions.
• Power sector emissions are projected to rise by 11%, reaching 1.114 Gt CO2 in 2030, accounting for 10% of global power sector emissions.

Climate Commitments

• In terms of climate commitments, CEA's projections indicate that India is likely to over-achieve on its pledge to the Paris Agreement - to have 50% of installed power capacity from non-fossil sources by 2030.
• As per the report, India's share of capacity from non-fossil sources will be 62% by 2030. The share will be 64% if nuclear power is considered.

What are India's Targets of Renewable Energy Power Generation?

India's Renewable Energy Targets:

• 175 GW Renewable Energy Capacity by 2022:
  • 100 GW of Solar Power.
  • 60 GW of Wind Power.
  • 10 GW of Biomass Power.
  • 5 GW of Small Hydro Power.
• 500 GW Non-Fossil Fuel Based Energy by 2030:
  • Announced by Prime Minister Narendra Modi at COP26 summit.
• 50% Electricity from Non-Fossil Fuel Sources by 2030:
  • Pledged in India's Nationally Determined Contributions (NDCs) under the Paris Agreement.
• India's Global Ranking:
  • The 4th largest installed capacity of solar and wind power in the world.
  • The 4th most attractive renewable energy market in the world.

What is CEA?

About:

• The CEA is a statutory organization that advises the government of India on policy matters and formulates plans for the development of electricity systems in the country.
• It was established in 1951 under the Electricity Supply Act 1948, which has been now superseded by the Electricity Act 2003.

Functions:

• Policymaking: Preparing the national electricity plan and tariff policy. Advising the central government on matters relating to the national electricity policy, rural electrification, hydropower development, etc.
• Technical Standards: Specifying the technical standards for construction, operation, and maintenance of electrical plants and electric lines. Specifying the grid standards and safety requirements for operation and maintenance of transmission lines.
• Data Collection and Research: Collecting and recording data on generation, transmission, distribution, and utilization of electricity and promoting r&d in the field of electricity.
• Implementation Monitoring and Coordination: Monitoring the implementation of power projects and schemes. Coordinating with state governments, state electricity boards, regional power committees, etc. on matters relating to electricity.

What are the Challenges in Adopting Renewable Energy?

• Intermittency and Variability: RE sources are intermittent and variable due to weather conditions. Matching energy supply with demand and maintaining grid stability becomes challenging.
• Grid Integration: Integrating large-scale renewable energy into existing power grids can be complex. Upgrading grid infrastructure and balancing mechanisms is necessary for reliable power supply.
• Land and Resource Availability: Scaling up renewable energy installations requires significant land and resource availability. Identifying suitable locations, acquiring land, and addressing environmental concerns can be challenging.
• Transition from Coal-dependent Economy: Coal still dominates the power sector in India, as it accounts for about 70% of the electricity generation. Also, coal sector in India is estimated to provide about 1.2 million direct jobs and up to 20 million indirect and dependent jobs. Transition from it can lead to job losses in the coal sector and ensuring a smooth transition for affected communities needs to be addressed.

Power Distribution Between Delhi Government and Centre

Context: Recently, the Supreme Court (SC) has ruled in favor of the Delhi government on the issue of who controls the Bureaucracy in the National Capital where it ruled that the Delhi government has legislative and executive powers over services except for public order, police and land.

What is the Issue About?

• The issue in the case is whether the Government of NCT (National Capital Territory) of Delhi has legislative and executive powers in relation to 'services' under Schedule VII, List II, and Entry 41 of the Constitution of India and whether the officers of the various 'services' such as IAS, IPS, DANICS, and DANIPS, who have been allocated to Delhi by the Union of India, come under the administrative control of the Government of NCT of Delhi.
• The Issues of distribution of Power between Delhi government and Centre first arose from a reference made by a two-judge Bench of the SC in 2019, which left the question of who will have control over the administrative services for consideration by a larger Bench.
• The Delhi government challenged the constitutional validity of the Government of National Capital Territory of Delhi (Amendment) Act 2021, which provided that the term “government” referred to in any law made by the Legislative Assembly of Delhi will imply the Lieutenant Governor (L-G).

What is the Verdict of the SC?

• Ruling in Delhi govt’s favour, the SC held that the Lt. Governor shall be bound by the decision of Delhi government over services, apart from public order, police and land.
• Disagreeing with the Centre which argued that the Constitution is a federal Constitution with a strong unitary bias as far as UTs are concerned, the SC said, it is not unitary.
• “The principles of democracy and federalism are essential features of our Constitution and form a part of the basic structure,” it said.
• Federalism “is a means to reconcile the desire of commonality along with the desire for autonomy and accommodate diverse needs in a pluralistic society”.
• The SC stated that Article 239AA establishes a legislative assembly for NCT of Delhi. Members of the legislative assembly are elected by the Delhi electorate.
• If a democratically elected government is not given the power to control the officers, the principle of triple chain of accountability will be redundant.
• The principle of collective responsibility extends to the responsibility of officers, who in turn report to the ministers. If the officers stop reporting to the ministers or do not abide by their directions, the entire principle of collective responsibility is affected.
• The Delhi government, much like other States, represents the representative form of government and any further expansion of the Union's power will be contrary to the Constitutional scheme.

What is Article 239AA of the Constitution?

• Article 239 AA was inserted in the Constitution by The Constitution (69th Amendment) Act, 1991 to give Special Status to Delhi following the recommendations of the S Balakrishnan Committee that was set up to look into demands for statehood for Delhi.
• It says that the NCT of Delhi will have an Administrator and a Legislative Assembly.
• Subject to the provisions of the Constitution, the Legislative Assembly “shall have power to make laws for the whole or any part of the NCT with respect to any of the matters in the State List or Concurrent List in so far as any such matter is applicable to Union territories” except on the subject of police, public order, and land.
• Further, the Article 239AA also notes that L-G has to either act on the aid and advice of the Council of Ministers, or he is bound to implement the decision taken by the President on a reference being made by him.
• Also, Article 239AA, empowers the L-G to refer a difference of opinion on ‘any matter’ with the Council of Ministers to the President.
• Thus, this dual control between L-G and the elected government leads to a power tussle.

How are the UTs Administered in India?

About:

• Part VIII (Articles 239 to 241) of the Constitution deals with the Union Territories.
• UTs in India are administered by the President through an administrator appointed by him/her. The administrator is not elected but rather a representative of the President.
• In some UTs, such as Delhi and Puducherry, the administrator holds significant powers, including the ability to make laws and regulations for the UT.
• In other UTs, such as Lakshadweep and Dadra and Nagar Haveli, the administrator's powers are limited to providing advice to the elected government.
• The judiciary in UTs is also governed by the Constitution and the laws made by the Parliament. However, in some UTs, such as Delhi, the High Court has wider powers than in other UTs, such as Lakshadweep.

Special Provisions for Delhi and Puducherry:

• The Union Territories of Puducherry (in 1963), Delhi (in 1992) and Jammu and Kashmir in 2019 (yet to be constituted) are provided with a legislative assembly and a Council of Ministers headed by a Chief Minister.
• The Legislative assembly of the UT of Puducherry may make laws with respect to matters enumerated in List II or List III in the Seventh Schedule of the Constitution in so far as these matters are applicable in relation to the Union Territory.
• The legislative assembly of National Capital Territory of Delhi also has these powers with the exception that Entries 1, 2 and 18 of the List II are not within the legislative competence of the legislative assembly.

Polygamy in India

Context: Recently, the Chief Minister of Assam has said that the state government will move to ban the practice of Polygamy through “Legislative Action”, and that an “Expert committee” would be formed to examine the issue.

What is Polygamy?

About:

• Polygamy comes from two words: “poly,” which means “many,” and “gamos,” which means “marriage.” As a result, polygamy relates to marriages that are several.
• Thus, polygamy is marriage in which a spouse of either sex may have more than one mate at the same time.
• Traditionally, polygamy — mainly the situation of a man having more than one wife — was practiced widely in India. The Hindu Marriage Act, 1955 outlawed the practice.
• The Special Marriage Act (SMA), 1954 allows individuals to perform inter-religious marriages, but it forbids polygamy. The Act has been used by many Muslim women to help them stop practicing polygamy.

Types:

• Polygyny: It is the matrimonial structure in which a male individual has numerous wives. Polygamy in this form is more common or widespread. Monarchs and emperors in the Indus Valley Civilisation were believed to have several wives.
• Polyandry: It is a type of marriage in which a female has several husbands.Nevertheless, this can be an extremely uncommon occurrence.
• Bigamy: When one is already married additionally, the marriage continues to be valid, then married with someone else is known as bigamy plus the person committing this will be called bigamist. It is considered a criminal offense in many countries, including India. In other words, it is the act of entering into a marriage with someone else while still being in a valid marriage with another person.
• Prevalence in India: The National Family Health Survey-5 (2019-20) showed the prevalence of polygamy was 2.1% among Christians, 1.9% among Muslims, 1.3% among Hindus, and 1.6% among other religious groups. The data showed that the highest prevalence of polygynous marriages was in the Northeastern states with tribal populations. A list of 40 districts with the highest polygyny rates was dominated by those with high tribal populations.

What are the Various Religious Laws Pertaining to Marriage in India?

Hindus:

• The Hindu Marriage Act, which came into effect in 1955, made it clear that Hindu polygamy would be abolished and criminalized.
• Under Section 11 Act, which states that polygamous marriages are void, the Act cautiously mandates monogamous relationships.
• When someone performs it, they are punished under Section 17 of the very same Act, as well as Sections 494 and 495 of the Indian Penal Code, 1860.
• Because Buddhists, Jains, and Sikhs are all considered Hindus and do not have their own laws, the provisions in the Hindu Marriage Act apply to these three religious denominations as well.

Parsi:

• The Parsi Marriage and Divorce Act, 1936, had already outlawed bigamy.
• Any Parsi, who has been married during his or her life, is subject to the penalties provided for by the India Penal Code for an offence to return to marriage during the lifetime of a Parsi or not, without being legally divorced by a wife or husband or having his or her previous marriage declared invalid or dissolved.

Muslims:

• The clauses under the ‘Muslim Personal Law Application Act (Shariat) of 1937, as construed by the All India Muslim Personal Law Board, apply to Muslims in India.
• Polygamy is not prohibited in Muslim legislation because it is recognised as a religious practice, hence they tend to preserve and practice it.
• It is, nevertheless, clear that if this method is determined to violate the constitution’s basic rights, it can be overturned.
• When there is a disagreement between the Indian Penal Code and personal laws, the personal laws are implemented since it is a legal principle that a specific law supersedes the general law.

What are the Judicial Perspectives Related to Polygamy?

Parayankandiyal v. K. Devi & Others (1996):

• The Supreme Court (SC) concluded that monogamous relationships were the standard and ideology of Hindu society, which scorned and condemned a second marriage.
• Polygamy was not allowed to become a part of Hindu culture due to the influence of religion.

State of Bombay v. Narasu Appa Mali (1951):

• The Bombay High Court ruled that the Bombay (Prevention of Hindu Bigamy Marriage) Act, 1946 was not discriminatory.
• The SC ruled that a state legislature has the authority to enact measures for public welfare and reforms, even if it violates the Hindu religion or custom.

Javed & Others v. State of Haryana & Others (2003):

• The SC decided that under Article 25 freedom is subjected to social harmony, dignity, and wellness.
• Muslim law allows for the marriage of four women, but it is not compulsory.
• This will not be violating religious practice to not marry four women.

What is the Impact of Polygamy on Indian Society and the Constitutional Standpoint?

• Polygamy has a significant impact on Indian society and has been debated for its validity from a constitutional standpoint, particularly in relation to religions such as Islam and Hinduism.
• India is a secular state, where no religion is considered superior or subordinate to another, and each religion is treated equally under the law.
• The Indian Constitution guarantees fundamental rights to all citizens, and any legislation that conflicts with these rights is deemed unconstitutional.
• Article 13 of the Constitution specifies that any law that contravenes Part III of the Constitution is invalid.
• In R.C. Cooper v. Union of India (1970), the SC observed that the theoretical approach that the component and construct of state intervention ascertain the severity of the safeguard that an underprivileged group may purport is incompatible with the constitutional provision, which aims to provide the ordinary citizen with the broadest possible safeguards of his fundamental rights.
• Article 14 of the Constitution guarantees equal treatment and protection under the law to every individual within the territory of India.
• The state is prohibited from discriminating against any person based on their religion, ethnicity, gender, or place of birth, according to Article 15(1) of the Constitution

In Which Countries Polygamy Legal?

• Polygamy is permissible and legal exclusively for Muslims in nations such as India, Singapore, as well as Malaysia.
• Polygamy is still recognised and practiced in nations such as Algeria, Egypt, and Cameroon. These are the only areas in the world where polygamy is still legal.

Conclusion

• It is true that polygamy has existed in Indian society for a long time, and while it is now illegal, it is still practiced in some areas.
• The practice of polygamy is not unique to any one religion or culture and has been justified in the past for various reasons.
• However, as society has evolved, the justifications for polygamy are no longer valid, and the practice should be abandoned.