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Maratha Reservation Bill

Why in news?

The Maharashtra Assembly has recently enacted the Maharashtra State Reservation for Socially and Educationally Backward Classes Bill 2024, which allocates 10% reservation for the Maratha community in jobs and educational institutions under the socially and educationally backward categories.

Highlights of the Maratha Reservation Bill

• The bill is based on a report from the Maharashtra State Backward Class Commission, which identified the Marathas as socially and educationally backward, thus necessitating the reservation.
• The Maratha community is categorized as a Socially and Educationally Backward Class under Article 342A (3) of the Indian Constitution.
• It provides for reservations under Articles 15(4), 15(5), and 16(4) of the Constitution:
  (a) Article 342A (3) allows states to maintain their own lists of socially and educationally backward classes (SEBCs) that may differ from the Central List.
  (b) Article 15(4) permits special provisions for the advancement of SEBCs, Scheduled Castes, and Scheduled Tribes.
  (c) Article 15(5) allows for reservations in educational institutions for backward classes, excluding minority institutions.
  (d) Article 16(4) authorizes reservation of appointments in favor of any backward class that is inadequately represented in state services.
• The bill applies the principle of the creamy layer, ensuring that only those Marathas who are not in the creamy layer can benefit from this reservation.
• The commission's report justified the need for reservation above the 50% limit established by the Supreme Court in the Indira Sawhney judgement (1992) by citing "exceptional circumstances."
• Currently, the total reservation in Maharashtra stands at 52%, which will increase to 62% with the addition of the Maratha reservation.

Arguments in Favour of the Maratha Reservation Bill

Socio-Economic Backwardness:

• Data from the Shukre Commission highlights the economic hardships faced by the Maratha community, emphasizing the need for reservations to help alleviate poverty and marginalization.
• The alarming rate of farmer suicides among Marathas underscores the urgent need for targeted interventions.

Representation

• Due to historical exclusion from opportunities, reservations in jobs and education can enhance Maratha representation in various sectors, fostering inclusive growth.

Arguments Against the Maratha Reservation Bill

Legal Viability:

• Past attempts at Maratha reservations faced legal challenges, raising doubts about the new bill's ability to pass judicial scrutiny, particularly in light of previous Supreme Court rulings.

The Kunbi Certificate Controversy:

• A draft notification aimed at recognizing "sage soyare" (relatives of Marathas with Kunbi lineage) as Kunbi, eligible for OBC reservations, has sparked controversy.
• Opposition parties question the effectiveness of the new reservation and its potential effects on existing OBC reservations.

Dissent within the Maratha Community:

• Some community leaders prefer inclusion within the OBC category rather than a separate reservation.

Need for Comprehensive Approach:

• While reservations may address immediate needs, a holistic approach that tackles root causes, such as education and skill development, is essential for sustainable community upliftment.

Way Forward

• The government should ensure that the Maratha Reservation Bill is legally robust and able to withstand judicial scrutiny by providing substantial empirical data justifying the reservation beyond the 50% ceiling.
• Integrated policies should combine reservation with welfare programs, skills training, and infrastructure development to support comprehensive growth for the Maratha community.
• Efforts should focus on sustainable development initiatives that address the underlying causes of backwardness, promoting inclusive growth and social justice for all.
• Encouraging social cohesion and understanding around affirmative action is crucial for addressing historical injustices and fostering equity.

An intervention that will help strengthen legal education in India

Why in news?

Recently, the Parliamentary Standing Committee on Personnel, Public Grievances, Law, and Justice submitted a significant report on legal education in India. This report addresses the current status and future directions for legal education in the country, highlighting key areas for reform and improvement.

Legal Education in India: Historical Background

• The 1990s marked the emergence of national law universities (NLUs), initiating a focus on quality legal education in India.
• The liberalization and globalization during this period created numerous opportunities for legal professionals, encouraging students to pursue law right after completing school.
• Many graduates from NLUs secured lucrative positions in prestigious law firms, while others pursued higher education abroad, often receiving scholarships.
• Despite the success of NLUs, many other law schools across the country do not mirror this achievement, and even NLUs struggle to establish themselves as centers of legal research excellence.
• Only two Indian law schools, Jindal Global Law School and National Law School of India University, are ranked among the top 250 law schools globally according to QS rankings.

Parliamentary Standing Committee Recommendations On Legal Education In India

• Limiting the Power: The committee suggested restricting the Bar Council of India's (BCI) authority in regulating legal education.
• On Litigation: It emphasized the need for a separate body, the National Council for Legal Education and Research (NCLER), to oversee postgraduate legal education, focusing on areas beyond litigation.
• Aim: NCLER is proposed to set quality benchmarks for legal education.
• Composition: The council should comprise judges, practicing lawyers, and distinguished law professors with an outstanding research record.
• Bolstering Research: The committee highlighted the importance of prioritizing research to enhance teaching effectiveness and foster critical thinking among students.
• State Funding: Increased government funding is deemed necessary to support research initiatives in legal education.
• Globally Competitive: The committee recommended the development of a global curriculum, facilitating international exchange programs for students and faculty, and introducing more courses on international law.
• On the Leadership Positions: Leadership within legal education should be entrusted to inspiring and visionary academicians who can create a supportive environment.
• To Boost the Culture of Legal Research: Law schools should ensure complete academic freedom, allowing faculty to express their well-researched views without any apprehension.

Conclusion

• The recommendations put forth by the parliamentary committee are a positive step towards enhancing legal education in India.
• Collaboration among all stakeholders is essential to implement these changes effectively and improve the quality of legal education.

Right to Maintenance of Muslim Women

Why in news?

The Supreme Court has agreed to review whether a divorced Muslim woman can claim maintenance under Section 125 of the Criminal Procedure Code (CrPC) from her ex-husband. This case has reignited discussions about the relationship between secular laws and personal laws. A Muslim man has contested a decision from the Telangana High Court that ordered him to provide interim maintenance to his former wife, arguing that the Muslim Women (Protection of Rights on Divorce) Act, 1986 should take precedence over Section 125 of the CrPC.

How has the Muslim Women Act, 1986 Evolved?

Pre-1986: Maintenance under Section 125 of CrPC:

• Section 125 of the CrPC allows for maintenance for wives, children, and parents unable to support themselves, applicable across all religions.
• After the Shah Bano case, the Supreme Court recognized the right of divorced Muslim women to maintenance from their former husbands under this section.

1986 Act:

• In response to the Shah Bano ruling, the Indian Parliament enacted the Muslim Women (Protection of Rights on Divorce) Act, specifying a framework for divorced Muslim women to claim maintenance.
• This law limited maintenance to the iddat period and linked it to the mahr (dower) given to the woman.
• The iddat period is typically three months, during which a woman must wait after her husband's death or divorce before remarrying.

Danial Latifi v. Union Of India Case, 2001:

• The Supreme Court confirmed the constitutionality of the 1986 Act, extending maintenance rights for divorced Muslim women until they remarry.

2009 Developments:

• The Supreme Court reiterated that divorced Muslim women could claim maintenance beyond the iddat period, affirming that the CrPC applies regardless of religion.

2019 Insights:

• The Patna High Court ruled that divorced Muslim women can seek maintenance under both Section 125 of the CrPC and the 1986 Act, ensuring they are not deprived of rights under either law.

Current Case:

• The case involves an appeal by a husband whose former wife sought maintenance under Section 125 of the CrPC after he allegedly gave her triple talaq.
• He argues that the 1986 Act, being a specific law, should prevail over Section 125 and claims the family court lacks jurisdiction in this matter.
• He also noted that she did not file an affidavit stating her preference for the CrPC provisions over the 1986 Act, as required by Section 5 of the latter.

What are the Supreme Court’s Observations Regarding the Case?

Interpretation of Section 3 of the 1986 Act:

• The court noted that Section 3 does not prevent Muslim women from seeking remedies under other laws, including Section 125 of the CrPC.

Amicus Curiae Submission:

• An amicus curiae, a non-party expert, supported the court’s view, stressing the need for clarity on whether the 1986 Act supersedes Section 125.

Constitutional Principles:

• The judges emphasized the importance of ensuring that divorced Muslim women have access to maintenance rights equivalent to those available to all divorced women, as denying this would violate constitutional rights under Articles 14, 15, and 21.

Legislative Intent:

• The court dismissed the argument that the 1986 Act was designed to prevent Muslim women from claiming relief under Section 125, noting that if such intent existed, it would have been explicitly stated in the law.

What are the Related Prior Judicial Precedents?

• In cases like Arshiya Rizvi v. State of U.P., Razia v. State of U.P., and Shakila Khatun v. State of U.P., the Allahabad High Court reaffirmed that divorced Muslim women can seek maintenance under Section 125 even after the iddat period, provided they do not remarry.
• In Mujeeb Rahiman v. Thasleena, the Kerala High Court indicated that a divorced Muslim woman can seek maintenance under Section 125 until she receives relief under the 1986 Act.
• In Noushad Flourish v. Akhila Noushad, the court ruled that a Muslim wife who initiated divorce through khula cannot claim maintenance under Section 125, as this is seen as her refusal to live with her husband.

What it will take to have simultaneous elections in India: Unpacking the Kovind Committee Report

Why in News?

This article discusses the news regarding the report submitted by the High-level Committee (HLC) chaired by former President Ram Nath Kovind on the feasibility of simultaneous elections in India. The committee's recommendations are significant for understanding electoral reforms in the country.

The High-level Committee (HLC) was formed in September 2023 to explore the possibility of holding simultaneous elections at all levels of government.

Key members of the committee included

• Home Minister Amit Shah
• Former Rajya Sabha Leader of Opposition Ghulam Nabi Azad
• Former Lok Sabha Secretary General Subhash C Kashyap
• Former chairman of the 15th Finance Commission, N K Singh
• Senior Advocate Harish Salve
• Former Chief Vigilance Commissioner Sanjay Kothari
• Law Minister Arjun Ram Meghwal was a Special Invitee.
• The committee unanimously supported the idea of simultaneous elections and proposed several recommendations.

Recommendations from the Kovind Committee include:

• Amendments to the Constitution, specifically to Article 83 and Article 172, which address the duration of Lok Sabha and State Assemblies, respectively.
• A Presidential notification will be required, which may become void if parliamentary approval is not granted.

Simultaneous elections will require a two-step process:

• First, elections for Lok Sabha and State Assemblies.
• Second, elections for local bodies such as municipalities and panchayats should occur within 100 days of the Lok Sabha and State Assembly elections.
• A unified electoral roll and electoral photo identity cards are proposed for all three tiers of government.
• In the event of a hung House, fresh elections for the Lok Sabha will only cover the remaining term of the previous House.
• The Election Commission of India (ECI) will need to plan logistics in advance for smooth conduct of elections.
• Simultaneous elections refer to holding elections for Lok Sabha, State Legislative Assemblies, and local bodies at the same time, rather than at different intervals dictated by individual terms.

Historical Context:

• Simultaneous elections were last held in India in 1951-52, 1957, 1962, and 1967.
• Subsequent political instability led to elections being staggered throughout the year.

Benefits of One Nation One Election:

• Reduced election expenses for political parties, leading to significant savings.
• Mitigation of the Model Code of Conduct issues that delay government decision-making during elections.
• Improved governance as elected officials can focus on policy rather than frequent elections.
• Facilitated delivery of public services by reducing disruptions caused by election duties.
• Uniform electoral rolls would simplify the voting process and reduce administrative burdens.
• Potential to curb black money usage in elections.
• Promotes a sense of national unity by aligning electoral cycles.

Challenges of One Nation One Election:

• Need for a mechanism to conduct mid-term elections if necessary.
• Amendments to multiple articles of the Constitution will be required.
• Legal challenges, including potential amendments to anti-defection laws.
• Increased costs associated with electronic voting machines (EVMs).
• Concerns regarding the federal structure of India and the autonomy of state governments.
• Logistical issues in organizing elections across the entire country simultaneously.

Global Perspectives:

• South Africa conducts elections for national and provincial legislatures in a five-year cycle.
• Sweden holds simultaneous elections for county councils and municipal councils, but local elections occur at different intervals.

Way Forward

• Political parties should be brought under the Right to Information Act to ensure accountability.
• Strengthening the ECI's role in overseeing election expenditures is crucial.
• Implementation of electronic voter ID cards to enhance electoral integrity.
• Consideration of state-funded elections to reduce the influence of money in politics.
• Achieving consensus among political parties is essential for moving forward with simultaneous elections.

Conclusion

• It is vital that recommendations are pursued with broad political consensus to uphold democratic values.

Stop the Dithering and Encourage - Green Elections in India

Why in news?

This editorial discusses the urgent need for eco-friendly elections in India to mitigate the significant carbon footprint that accompanies electoral processes. Promoting green elections not only enhances environmental stewardship but also encourages civic engagement.

Case Study of Kerala Elections:

• During the 2019 general elections, the Kerala State Election Commission urged political parties to avoid using single-use plastics. This led to a ban by the Kerala High Court on non-biodegradable materials in election campaigning.
• Alternative methods such as wall graffiti and paper posters were implemented instead.

Case Study of Sri Lanka:

• In 2019, the Podujana Peramuna (SLPP) party in Sri Lanka initiated the world’s first carbon-sensitive election campaign, which involved measuring and offsetting carbon emissions from campaign activities.
• The campaign included public participation in tree planting across districts, effectively reducing its carbon footprint and raising awareness on forest conservation.

Case Study of Estonia:

• Estonia pioneered digital voting as an alternative, which significantly boosted voter participation. Their success indicates that secure digital voting is both environmentally friendly and promotes voter engagement.

Green Elections Background:

• Traditional election practices involve the usage of paper, energy-intensive rallies, loudspeakers, PVC flex banners, hoardings, and disposable items, all of which contribute to a considerable environmental impact.
• The vast scale of elections in India, involving millions of voters and massive rallies, exacerbates this environmental burden.
• In August 2023, ahead of assembly elections in five states, the Election Commission of India (ECI) raised concerns about the environmental damage caused by non-biodegradable materials used in elections.

About Green Elections:

• Green Elections focus on adopting environmentally sustainable practices at all stages, from campaign materials to election rallies and polling booths. Successful implementations have been seen in Kerala, Sri Lanka, and Estonia.

Need for a Paradigm Shift:

• The environmental footprint of elections is substantial; for example, the emissions from campaign flights during the 2016 US presidential elections were equivalent to the annual carbon footprint of 500 Americans.
• Elections typically result in excessive use of paper and other resources. Implementing green strategies can help conserve these resources and encourage responsible consumption.

Challenges to Green Elections:

• Infrastructure hurdles: These include training officials to transition towards green elections, establishing checks and balances to prevent fraud, and ensuring equitable access to technology.
• Financial challenges: The initial investment required for eco-friendly materials and technologies can deter financially constrained governments.
• Cultural inertia: There may be public skepticism regarding new methods and fears about compromising vote security. Thus, transparency and effective auditing of new practices are essential.

Way Forward

• Involvement of stakeholders: Collaboration among political parties, election commissions, governments, voters, media, and civil society is crucial.
• Integration with grassroots initiatives: Successful integration of high-level directives with community-led initiatives is vital for achieving a green transition.
• Leadership by political parties: Political parties should spearhead the movement towards eco-friendly electoral practices.
• Mandatory eco-friendly practices: Legislation should be enacted to enforce eco-friendly electoral practices, with the ECI incorporating these in the Model Code of Conduct.
• Encouraging digital campaigning, door-to-door canvassing (to lessen energy-intensive public rallies), and the use of public transport for election activities are also recommended.
• Incentivizing the use of sustainable local materials for polling booths, such as natural fabrics and recycled paper, can aid in waste management and support local artisans.
• Digital Voting: The ECI should advocate for digital voting, which necessitates training for officials and educating voters to ensure equitable access to technology.
• Role of civil society: Civil society should serve as a catalyst for change.
• Media's role: The media can highlight the environmental impact of traditional election methods and promote innovative eco-friendly alternatives.

Conclusion

• Adopting green election practices can position India as a global leader in sustainable democratic processes.

Banning Cotton Candy

Why in news?

Recently, Himachal Pradesh has implemented a one-year prohibition on the production, sale, and storage of Cotton Candy, also known as Candy Floss. This decision follows the detection of Rhodamine B, a potentially dangerous coloring agent. This ban aligns with similar measures taken by other states such as Karnataka, Tamil Nadu, and Goa, which have already restricted harmful coloring agents due to health concerns. The consumption of snacks containing these artificial colors may lead to long-term health issues, including cancer.

What is Cotton Candy?

• Cotton candy, referred to as candy floss or fairy floss in various regions, is a type of spun sugar treat typically found at carnivals, fairs, and amusement parks.
• It is produced by heating sugar until it liquefies and then spinning it through tiny holes, where it solidifies into long, thin strands.
• These strands are collected onto a cone or stick, creating a fluffy, cotton-like appearance.

What is Rhodamine B?

• Rhodamine B is a coloring agent frequently utilized in the textile, paper, and leather industries.
• This low-cost dye is sometimes illicitly used to impart vibrant colors to popular street foods like gobi manchurian and cotton candy.
• Despite the World Health Organization not classifying it as a carcinogen for humans, some studies on rats indicate potential cancer-causing effects.
• Exposure to Rhodamine B may result in acute toxicity and can harm the eyes and irritate the respiratory tract.

Usage in Food Products:

• While Rhodamine B is not usually added to food products, it is often found in items sold by small roadside vendors who may lack proper knowledge about permissible food dyes.
• These vendors might unknowingly add this harmful dye to various foods like gobi manchurian, potato wedges, butter chicken, pomegranate juice, ice creams made on a small scale, and cotton candy.

Legality:

• The Food Safety and Standards Authority of India (FSSAI) has specifically prohibited the use of Rhodamine B in food products.
• Using this chemical in food preparation, processing, or distribution is punishable under the Food Safety and Standards Act of 2006.

What Food Colours are Allowed by the Food Safety Act, 2006?

• The Act permits only a limited number of natural and synthetic colors in food items:

The Natural Food Colours:

• Carotene and Carotenoids (yellow, orange): These pigments are found in fruits and vegetables like carrots and pumpkins.
• Chlorophyll (green): This pigment gives green color to plants and is often used as a natural coloring agent.
• Riboflavin (yellow): Found in various foods, riboflavin is sometimes used as a food color.
• Caramel: A natural color derived from the heating of sugar, ranging in color from pale yellow to deep brown.
• Annatto (Orange-Red): Derived from the seeds of the achiote tree, it is commonly used in cheese and dairy products.
• Saffron: A spice known for its intense yellow color, derived from the flower of the Crocus sativus plant.
• Curcumin (Yellow, from Turmeric): The active compound in turmeric, used as a natural food color.

The Synthetic Colours:

• Ponceau 4R: A synthetic red color used in various food products.
• Carmoisine: Another synthetic red color frequently used in food coloring.
• Erythrosine: Commonly used in sweets and candies.
• Tartrazine and Sunset Yellow FCF: Synthetic yellow colors widely used in food products.
• Indigo Carmine and Brilliant Blue FCF: Synthetic blue colors used for food coloring.
• Fast Green FCF: A synthetic green color used in food items.
• Even permissible food colorings are restricted to certain food items, including ice creams, biscuits, cakes, confectioneries, fruit syrups, jelly crystals, and beverages.

What is the Food Safety and Standards Authority of India?

• The FSSAI is an autonomous statutory body established under the Food Safety and Standards Act of 2006.
• This Act consolidates various food-related laws and aims to provide a unified framework for food safety and standards in India.
• FSSAI is responsible for safeguarding public health by regulating food safety and quality, operating under the Ministry of Health & Family Welfare.
• Headquartered in New Delhi, it has regional offices across eight zones in the country.
• The Chairperson and Chief Executive Officer of FSSAI are appointed by the central government, with the Chairperson holding the rank of Secretary to the Government of India.

Functions and Powers:

• Framing regulations and standards for food products and additives.
• Issuing licenses and registrations to food businesses.
• Enforcing food safety laws and regulations.
• Monitoring and surveillance of food safety and quality.
• Conducting risk assessments and scientific research on food safety issues.
• Providing training and raising awareness about food safety and hygiene.
• Promoting food fortification and organic food.
• Coordinating with other agencies and stakeholders regarding food safety matters.

Events and Campaigns:

• World Food Safety Day
• Eat Right India
• Eat Right Station
• Eat Right Mela
• State Food Safety Index
• RUCO (Repurpose Used Cooking Oil)
• Food Safety Mitra
• 100 Food Streets