GS PAPER: II

Sapinda marriage

Why in the news?

• Recently Delhi High Court rejected a challenge to the constitutionality of Section 5(v) of the Hindu Marriage Act, 1955 (HMA), which prohibits marriage between two Hindus if they are “sapindas” of each other — “unless the custom or usage governing each of them permits of a marriage between the two”.

What is a sapinda marriage?

• A sapinda marriage is one between individuals who are related to each other within a certain degree of closeness. Sapinda relationships for the purposes of the HMA are defined in Section 3 of the Act.
• Two persons are said to be sapindas of each other if one is a lineal ascendant of the other within the limits of sapinda relationship, or if they have a common lineal ascendant who is within the limits of sapinda relationship with reference to each of them,” Section 3(f)(ii) says.
• Under the provisions of the HMA, on the mother’s side, a Hindu individual cannot marry anyone who is within three generations of them in the “line of ascent”. On the father’s side, this prohibition applies to anyone within five generations of the individual.
• In practice, this means that on their mother’s side, an individual cannot marry their sibling (first generation), their parents (second generation), their grandparents (third generation), or an individual who shares this ancestry within three generations.
• On their father’s side, this prohibition would extend up to their grandparents’ grandparent, and anyone who shares this ancestry within five generations.

Exceptions to the prohibition against sapinda marriages

• The sole exception can be found within the same provision. As noted above, it arises when the customs of each individual permits sapinda marriages.
• The definition of the word “custom” is provided in Section 3(a) of the HMA. It states that a custom has to be “continuously and uniformly observed for a long time”, and should have gained enough legitimacy among Hindus in a local area, tribe, group, or family, such that it has obtained “the force of law”.
• A custom may not be protected even after these conditions are fulfilled. The rule in question must be “certain and not unreasonable or opposed to public policy” and, “in the case of a rule [that is] applicable only to a family”, it should not have been “discontinued by the family”.

On what grounds was the law challenged?

• In 2007, the woman’s marriage was declared void after her husband successfully proved that they had entered into a sapinda marriage, and that the woman was not from a community where such marriages could be considered a custom. This ruling was challenged before the Delhi HC, which dismissed the appeal in October 2023.
• The woman then approached the HC again, challenging the constitutional validity of the prohibition on sapinda marriages. She argued that sapinda marriages are prevalent even when there is no proof of custom. Hence, Section 5(v) which prohibits sapinda marriages unless there is an established custom, violates the right to equality under Article 14 of the Constitution.
• The petitioner also argued that the marriage had received the consent of both families, which proved the legitimacy of the marriage.

Are marriages similar to sapinda marriages allowed in other countries?

• In several European countries, the laws on relationships that are considered incestuous are less stringent than in India.
• In France, the crime of incest was abolished under the Penal Code of 1810, so long as the marriage was between consenting adults.
• This Code was enacted under Napoleon Bonaparte, and was also enforced in Belgium. A new Penal Code was introduced in Belgium in 1867 to replace the French code, but incest remains legal.
• Portuguese law also does not criminalise incest.
• The Republic of Ireland recognised same-sex marriages in 2015, but the law on incest has not been updated to include individuals in same-sex relationships.
• Under Italian law, incest is a crime only if it causes a “public scandal”.
• In the United States, incestuous marriages are banned in all 50 states, though incestuous relationships between consenting adults are allowed in New Jersey and Rhode Island.

GS PAPER – II

28% of Americans have no religious affiliation

Why in the news?

• Reflecting the trend witnessed in recent decades, a survey from Pew Research Centre has found that the number of Americans who do not identify with any religion has now increased to 28 per cent.

About the survey

• As recently as the early 1990s, about 90% of U.S. adults identified as Christians.
• The new survey (‘Religious ‘Nones’ in America: Who They Are and What They Believe’) talks more about the profile of “nones” – people who say “none” when asked about their religious affiliation. 
• It includes atheists (who do not believe in the existence of God), agnostics (who are sceptical of the existence of God) or those who believe in “nothing in particular”.
• The report notes that the percentage of people identifying as “nones” has been increasing.
  • • On their belief in God: Among nones, 17% of people identify as atheists, 20% as agnostic and 63% say they believe in “nothing in particular.”
    • Overall, 19% of religious “nones” are strict nonbelievers who don’t believe in God or any higher power, don’t believe humans have souls, don’t think there’s anything beyond the natural world, don’t think there’s a heaven and don’t believe in hell.”
    • But the rest of the nones do have some kind of supernatural belief. Also, “About half say spirituality is very important in their lives or say they think of themselves as spiritual

• On the reason for views on religion: According to Pew, “Overall, 43% of “nones” say religion does more harm than good in society, while 14% say it does more good than harm; 41% say religion does equal amounts of good and harm.”
• The three most common reasons for the nones’ lack of identification with religion come from their questioning of religious teachings (60%), dislike for religious organisations (47%) and because they do not see a need for religion in their lives (41%). Also, many of the nones believe that science does more good than harm in American society, and are more likely to hold such views when compared to religiously affiliated people.
• On Education, Race and Gender: Among nones, those who do not particularly believe in any supernatural power are likely to be less educated compared to religious Americans. But overall, atheists and agnostics have attained higher education levels compared to religious groups.
• Adults make up larger shares of atheists (77%) and agnostics (69%) than of people whose religion is “nothing in particular” (57%). In general, the racial breakdown of nones is broadly similar to the racial breakdown of Americans who identify with a religion.
• Also, 69% of nones are under the age of 50, while 45% of US adults who identify with a religion are under 50. Nones overall are roughly split between men (51%) and women (47%). The populations of atheists and agnostics include far more men than women. More women are part of the “nothing in particular” group.

So is the growing number of “nones” good or bad?

• While nones have flagged their criticisms of religion, the role it plays in organising individuals as a community and in involving people in acts of public service is still significant. The Pew survey found that religious “nones” are, on average, less civically and politically engaged than people who identify with a religion. Those identifying with “nothing in particular” see more pronounced differences on the matter than other nones.
• Further, it is difficult to say so far what is driving these trends. Some scholars have said in the past that growing industrialisation and globalisation across the world have given rise to individualism. Or, as the respondents of this survey say, the factors responsible are their distrust in traditional, organised religion, even as they maintain some belief in spirituality.

GS PAPER – III

Odisha’s famous black tigers

Why in news?

• Recently the chief minister of Odisha will start a melanistic tiger safari near Similipal Tiger Reserve (STR).
• The safari will be the first of its kind anywhere in the world.

What are black tigers or melanistic tigers?

• Melanism is a genetic condition in which an increased production of melanin, a substance in the skin that produces hair, eye, and skin pigmentation, results in black (or nearly black) skin, feathers, or hair in an animal.
• Many royal Bengal tigers of Similipal belong to a unique lineage with higher-than-normal levels of melanin, which gives them black and yellow interspersed stripes on their coats. These tigers are not entirely black, and are therefore more accu rately described as being pseudo-melanistic.
• The STR, which sprawls over 2,750 square km in Odisha’s Mayurbhanj district adjoining Jharkhand and West Bengal, is Asia’s second largest biosphere, and the country’s only wild habitat for melanistic royal Bengal tigers.

What makes tigers (pseudo) melanistic?

• According to research co-authored by Uma Ramakrishnan and her student Vinay Sagar from the National Centre for Biological Sciences (NBCS), Bengaluru, a single mutation in the gene Transmembrane Aminopeptidase Q (Taqpep) causes black tigers to develop stripes that seem to have broadened or spread into the tawny background.
• Genetic analyses of other tiger populations in India and computer simulations suggest that the Similipal black tigers may have arisen from a very small founding population of tigers, and are inbred. The STR cats live isolated from other tigers, because of which they breed among themselves.
• Approximately 37% of tigers… in the Similipal Tiger Reserve are pseudomelanistic, characterized by wide, merged stripes.

How many melanistic tigers are there in STR?

• Melanistic tigers have been recorded only in the Similipal Tiger Reserve in Odisha. As per the 2022 cycle of the All India Tiger Estimation, 16 individuals were recorded at Similipal Tiger Reserve, out of which 10 were melanistic.

Why has Odisha come up with this plan?

• The safari aims to allow wildlife conservationists, researchers, and enthusiasts to see the rare big cats from up close, and to create awareness about the need for their conservation. The sighting of tigers is difficult in STR because of its vast area, and the safari has been proposed as an added attraction for visitors to Similipal.
• An NTCA committee will visit the proposed site to carry out a feasibility study before final clearance is given to the project. The state government will also have to obtain other statutory clearances, including approval from the Central Zoo Authority, a body under the Environment Ministry that has oversight over zoos in the country.

GS PAPER – III

INSAT-3DS Satellite

Why in news?

• The meteorological satellite INSAT-3DS has been flagged off to Satish Dhawan Space Centre (SDSC) SHAR at Sriharikota for the launch onboard GSLV F14.

About the satellite

• INSAT-3DS is an exclusive meteorological satellite realized by ISRO with the primary objective to provide continuity of services to the existing in-orbit INSAT-3D and 3DR satellites and significantly enhancing the capabilities of INSAT system.
• The Satellite had successfully completed Satellite Assembly, Integration & Testing activities at U R Rao Satellite Centre, Bengaluru. Pre-Shipment Review (PSR) was held with the participation of members from user community.
• The satellite is a user funded project with Ministry of Earth Science (MoES), configured around ISRO’s well proven I-2k bus platform with a Lift-Off Mass of 2275 kg. Indian Industries have significantly contributed in the making of the Satellite.

Objectives

• The satellite is designed for enhanced meteorological observations and monitoring of land and ocean surfaces for weather forecasting and disaster warning, with state-of-the-art payloads viz., 6 channel Imager & 19 channel Sounder meteorology payloads, communication payloads viz., The Data Relay Transponder (DRT) and Satellite aided Search and Rescue (SAS&R) transponder.
• The Data relay transponder (DRT) instrument receives meteorological, hydrological and oceanographic data from automatic Data Collection Platforms / Automatic Weather Stations (AWS) and augments the weather forecasting capabilities.
• Satellite aided Search and Rescue (SAS&R) transponder is incorporated in the satellite to relay a distress signal / alert detection from the beacon transmitters for search and rescue services with global receive coverage.

GS PAPER – II

Freedom of Judges and Independent of Judiciary

Why in news?

• Recently the Chief Justice of India D.Y. Chandrachud said the independence of judiciary depends on the freedom of each and every individual judge to function in office without the pulls of political pressure, social compulsions, and inherent bias.

Opinion of CJI

• Chief Justice Chandrachud said a lot has changed down the years, since the time of India’s first Chief Justice Harilal J. Kania. Chief Justice Chandrachud recounted Chief Justice Kania’s speech at the maiden sitting of the Supreme Court on January 28, 1950.
• Chief Justice Kania had extolled judges to hold true to three principles which would form the foundation of the institution of the Supreme Court – independence of judiciary, the interpretation of the Constitution not as a rigid body of rules but as a living organism, and the need to secure and retain the respect of citizens for the Supreme Court as a legitimate institution.
• An independent judiciary does not merely mean the insulation of the institution from the executive and the legislature branches but also the independence of individual judges in the performance of their roles as judges. The art of judging must be free of social and political pressure and from the inherent biases which human beings hold, Chief Justice Chandrachud emphasized.
• He assured that efforts were on to train judges to “unlearn their subconscious attitudes inculcated by social conditioning on gender, disability, race, caste and sexuality”.
• Chief Justice Chandrachud said the court cannot rest its legitimacy solely on the Constitution. “The legitimacy of this court is also derived from the confidence of citizens that it is a neutral and impartial arbiter of disputes which would deliver timely justice,” the CJI said.
• Addressing criticism that a “polyvocal court” is not the best system to interpret the Constitution, the Chief Justice said the strength of the Supreme Court was its polyvocality, which brought together diversity and respect of inclusion, resulting in a synthesis of ideas.
• “In the many that wear its apparel, the court emerges as one soul which knits together the Bar and the Bench in our desire to ensure justice to our citizens,” Chief Justice Chandrachud said.
• The CJI said the Supreme Court’s core and uncompromising function was that of the final arbiter who would review whether the exercise of power by the state was legitimate and in accord with the rule of law.
• “The court is not the sole guarantor, but it is the final arbiter that power may be used to liberate, emancipate and include, but never to oppress or ostracise. The novel challenges of today must never distract us from this most sacred duty of the court,” Chief Justice Chandrachud said.
• The Chief Justice highlighted the problem of pendency, saying a radical change in decision-making was required from within the court in order to stop it from becoming dysfunctional.
• “I believe that we have to have a common understanding of how we argue and how we decide and above all, on the cases which we select for decision-making,” the CJI said.

GS PAPER – II

Ease of Justice is the right of citizens: PM Modi

Why in news?

• The Prime Minister, Shri Narendra Modi today inaugurated the Diamond Jubilee celebration of the Supreme Court of India on 28 January at the Supreme Court auditorium in Delhi.
• He also launched citizen-centric information and technology initiatives that include Digital Supreme Court Reports (Digi SCR), Digital Courts 2.0 and a new website of the Supreme Court.

What Prime Minister Narendra Modi emphasised on?

• ‘Ease of justice’ is the right of every Indian citizen, with the Supreme Court serving as its medium.
• He commended Chief Justice of India D.Y. Chandrachud for his dedication to improving justice delivery in the country.
• In his address, Prime Minister Modi acknowledged that an empowered judicial system is an integral part of a developed India.
• He highlighted ongoing government efforts to modernise laws, citing the Jan Vishwas Bill as a step towards reducing unnecessary burdens on the judicial system.
• The Prime Minister urged the Supreme Court to contribute to the capacity building of other stakeholders, emphasising the need for a smooth transition to new laws.
• PM highlighted the government’s initiatives in abolishing outdated colonial criminal laws and introducing new legislation such as the Bhartiya Nagrik Suraksha Samhita, Bhartiya Nyaya Samhita, and Bhartiya Sakshya Adhiniyam.
• The PM further emphasised the need for Indian laws to reflect both Indian ethos and contemporary practices. “The convergence of Indian values and modernity is equally essential in our legal statute,” 

What do you mean by Ease of Justice?

• By large, Ease of Justice means judicial accessibility.
• Access to justice is a basic principle of the rule of law.
• One of the major obstacles in accessing justice is the cost of legal advice and representation.

GS PAPER – III

Laughing Gull

Why in news?

• The Laughing Gull, a North American bird, was discovered on Chithari Beach Kasaragod in Kerala, marking the first recorded instance of this species being observed in India.

Who spotted laughing gull?

• The ‘Laughing Gull’ bird has been spotted for the first time in India, specifically at Chithari beach in Kasaragod district. C. Srikanth, a resident of Perumbavoor Valayanchirangara and a teacher at Kamballur Govt.
• HSS, captured an image of this migratory bird at the Chithari estuary recently.
• This Laughing Gull bird has journeyed thousands of kilometres from North America to reach the Kerala coast. Notably, its presence in Asia has been recorded only in countries such as Malaysia and the Philippines.
• The e-Bird application, dedicated to collecting scientific bird information, played a vital role in disseminating this finding.

Features of laughing gull:

• The bird has a dark upper part, black legs, long drooping bill, and a dark smudge on the back of the head.
• Amidst a multitude of birds in the estuary, including lesser black-backed gull, slender-billed gull, brown-headed gull, great crested, lesser crested tern, Caspian tern and others, Mr. Sreekanth noticed a smaller bird with black beak, which piqued his interest.
• It was smaller than the brown-headed gull.

Importance of this finding?

• This discovery elevates the total number of bird species found in India to 1,367, with Kasaragod district contributing 400 species to the State’s overall count of 554.
• The laughing gull’s presence in Kasaragod adds a new chapter to the region’s rich biodiversity.
• Birdwatchers and researchers are eager to conduct further studies to understand the migratory patterns and the reasons behind this extraordinary visit.
• Nine rare bird species, including Egyptian vulture, were spotted in the district last year.

GS PAPER – II

India – Germany submarine deal

Why in news?

• India and Germany discussed the progress of a deal for the procurement of six advanced conventional submarines by the Indian Navy under Project-75.
• Two Ministers held talks during which Mr. Singh called for German investments in Uttar Pradesh and Tamil Nadu defence corridors. This is the first visit of a German Defence Minister to India since 2015.
• German Defence Minister Boris Pistorius said on his talks with Defence Minister Rajnath Singh while making a strong pitch for German company Thyssenkrupp Marine Systems (TKMS).
• Submarine deal could become a “flagship project” while stating they want to intensify military cooperation with the other branches of the Navy and the Air Force as a whole.

What is Project 75?

• Project 75 is an Indian-class submarine built by the Indian Navy.
• It is also known as P-75I, a planned class of diesel-electric submarines.
• Project-75 involves building six diesel-electric attack submarines of the Scorpene design indigenously.
• The submarines are being built by Mazagon Dock Limited (MDL) in Mumbai in collaboration with the Naval Group of France.

Germany and South Korea fight over deal?

• Germany likely to win deal.
• Only Germany and South Korea technically meet the criteria to submit bids under P-75I expected to cost over Rs.45, 000 crore, the deadline for which has seen several extensions.
• However, it has been learnt that Daewoo has internal administrative issues due to which it could end up as a single vendor situation.
• MDL along with Larsen & Toubro have been shortlisted to partner with foreign submarine manufacturers to manufacture six advanced conventional submarines for the Indian Navy under Project-75I that has been stuck for a while.
• As reported earlier, TKMS which was initially in talks with L&T for a partnership under P-75I, recently decided to partner with MDL to bid for the deal.
• A Memorandum of Understanding (MoU) for this is likely to be signed on June 07. Mr. Pistorius is scheduled to visit MDL as well as the Western Naval Command in Mumbai.