FORTNIGHTLY MANIFESTO JANUARY 2019 PART-1 - MANIFEST IAS

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FORTNIGHTLY MANIFESTO JANUARY 2019 PART-1 - MANIFEST IAS

FORTNIGHTLY MANIFESTO
      JANUARY 2019 PART-1
                                                       ISSUE NO.05

   The fortnightly compilation of the current affairs
write-ups, written by the faculty of Manifest IAS, which
covers both static and current dimensions of
important current affairs for 1st and 2nd week of
January 2019.

 The write-ups can also be found in the section Manifest 11 on
          our website https://www.manifestias.com

1

                                          FORTNIGHTLY MANIFESTO
                                  JANUARY-2019 (PART-1)                              ISSUE NO: 05

                                              MANIFEST-2019 INITIATIVE
WHAT IS MANIFEST 11?            LOGIC BEHIND MANIFEST 11?             WHAT IS MANIFEST PEDAGOGY?

HISTORY, ART & CULTURE __________________________________________________________________ 2
  SUBASH CHANDRA BOSE ________________________________________________________________________ 2
  PARALLEL CINEMA ______________________________________________________________________________ 6
INDIAN SOCIETY ______________________________________________________________________________ 9
  THE NATIONAL TRUST FOR WELFARE OF PERSONS WITH AUTISM, CEREBRAL PALSY, MENTAL
  RETARDATION AND MULTIPLE DISABILITIES (AMENDMENT) BILL, 2018 _________________________ 9
  SURROGACY____________________________________________________________________________________ 11
  THE TRANSGENDER PERSONS (PROTECTION OF RIGHTS) BILL, 2018 ____________________________ 14
POLITY & GOVERNANCE ____________________________________________________________________ 17
  THE CITIZENSHIP (AMENDMENT) BILL, 2016 __________________________________________________ 17
  TRIPLE TALAQ _________________________________________________________________________________ 20
INTERNATIONAL RELATIONS, ISSUES & INSTITUTIONS ______________________________ 23
  INFORMATION FUSION CENTRE FOR INDIAN OCEAN REGION (IFC-IOR) __________________________ 23
  INDO-BHUTAN RELATIONS _____________________________________________________________________ 25
ECONOMICS___________________________________________________________________________________ 28
  CONSUMER PROTECTION BILL, 2018 ___________________________________________________________ 28
  E-COMMERCE __________________________________________________________________________________ 31
SCIENCE & TECHNOLOGY ___________________________________________________________________ 33
  NEW HORIZONS MISSION AND ULTIMA THULE __________________________________________________ 33
  GSAT 7A _____________________________________________________________________________________ 36

  Mains test from this handout will be conducted on 26th January & 2nd February at 10AM. It’s
   FREE & you can write the test at out center. Visit OUR WEBSITE to know more about us.

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HISTORY, ART & CULTURE

Subash Chandra Bose

In news

The Ross Island was renamed as Netaji Subhas Chandra Bose Dweep, the Neil Island would now be
known as Shaheed Dweep and the Havelock Island as Swaraj Dweep. In tribute to Subash Chandra Bose
and his INA.

Placing it in syllabus

1. Modern Indian history from about the middle of the eighteenth century until the present-
significant events, personalities, issues
2. The Freedom Struggle – its various stages and important contributors /contributions from
different parts of the country.

Dimensions

1. SC Bose and the new synthetic ideology of Samyavada.
2. SC Bose role in Indian National Congress.
3. SC Bose role in Indian National Army.
4. Differences in outlook of Gandhiji and SC Bose

Samyavada - ideology

Netaji Bose, by his own admission in his book, "Indian Struggle" (published in 1935 in London),
believed India needed a political system that was a mix of fascism and communism — something that
he called samyavad. Netaji made a special trip to Rome in 1935 to present a copy of his book to Italian
dictator Benito Mussolini, whom he greatly admired and whose ideals he would follow for the rest of
his life. Bose’s reactionary views naturally brought him into conflict with the pacifist leaders of
Congress, most notably Mahatma Gandhi and Pandit Nehru. But the friction didn’t happen in 1935, it
happened much earlier.

Some speeches given by him/book written by him tells us why he had stressed on samyavada,
they are;

 As early as 1930 — in his inaugural speech as mayor of Calcutta — the fervent young Bose first
expressed his support for a fusion of socialism and fascism:
o “… I would say we have here in this policy and program a synthesis of what modern
Europe calls Socialism and Fascism.
 In years that followed he would occasionally modify this radical doctrine, but would never
abandon it entirely. For example, in late 1944 — almost a decade-and-a-half later — in a
speech to students at Tokyo University, he asserted that India must have a political system “of
an authoritarian character. . . To repeat once again, our philosophy should be a synthesis
between National Socialism and Communism.”

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From Bose’s Indian Struggle, Vol.1-

 “In spite of the antithesis between Communism and Fascism, there are certain traits common
to both. Both Communism and Fascism believe in the supremacy of the State over the
individual. Both denounce parliamentarian democracy. Both believe in party rule. Both believe
in the dictatorship of the party and in the ruthless suppression of all dissenting minorities.
Both believe in a planned industrial reorganisation of the country.
 These common traits will form the basis of the new synthesis. That synthesis is called by the
writer ‘Samyavada’ — an Indian word, which means literally ‘the doctrine of synthesis or
equality’. It will be India’s task to work out this synthesis.”

Bose formed the Forward Bloc in 1939. This is what he wrote about this Bloc in Indian Struggle
volume 2:

 “The immediate objective of the Forward Bloc was an uncompromising struggle with British
Imperialism for winning India’s independence. To this end, all possible means should be
employed and the Indian people should not be hampered by any philosophical notions like
Gandhian non-violence, or any sentimentalism like Nehru’s anti-Axis foreign policy. The Bloc
stood for a realistic foreign policy and a post-war order in India on a Socialist Basis.”

Forward block-

Netaji picks up the common good traits of National Socialism and Communism to “form the basis of
the new synthesis.” The Samyavada or doctrine of synthesis leads not only to socialism with due
regard to national sentiment, it points to a perfect balance between the material and the spiritual,
between the East and the West, betweeen the past and the present.

1. His economic ideology revolved around a planned model of development and the predominant
role of state in planning and organizing the economy with the concepts of equity and social
justice at its core.
2. His social outlook is also based on anti- communalism and an adherence to the principles of
rationalism and atheism. He visualized Indian society beyond the hidebound traditionalist
caste and religious identities and sought the emergence of a modernist Indian identity which is
thoroughly placed in the spiritual heritage of India (influence of swami Vivekananda).

Role in congress

 On return from England Subhas met Mahatma Gandhi. On his advice he came into contact with
Chitta Ranjan Das. Subhas became his ardent disciple from 1921-25 and Bengal was his field of
activities. Subhas organised the congress party being attracted by the Non-cooperation
movement.
 Subhas along with Jawaharlal Nehru represented the left and progressive views inside
congress. These two leaders became the symbol of change in the congress.
 In 1928 subhas attended the Calcutta session of Indian National Congress. Subhas-Jawahar
group first tested their strength that they opposed the official resolution moved by Mahatma

Gandhi and secured 45% vote (the vote is on the dominion status to India and the opposition
by Bose and Nehru based on the idea of Purna Swaraj).
 However both Jawahar and Subash pushed through the Karachi resolution of 1931, which
besides endorsing the Gandhi-Irwin pact included the principle of fundamental rights and
national economic programme.
 The formation of congress socialist party in 1934 did not attract subhas and Jawahar to
its fold. They remained within congress and successfully pushed through progressive views.
 Subhas's pro-people, progressive and radical attitude, on the other hand, made his popular
inside and outside congress. Subhas represented the young and extremist element in the
congress and was elected its president in 1938 and again in 1939.
 He supported the extension of the nationalist movement to the princely states of India.

The re-election of Subhas at the Tripura Session of congress was against the expressed desire of
Mahtma Gandhi. Gandhiji considered Sitaramaya's defeat as his own defeat and the followers of
Gandhiji did not allow Subahs Chandra Bose to function effectively. Later he resigned from the party
and formed his own political party, ‘Forward Block’

Role in INA

 An important development in the struggle for freedom during the Second World War was the
formation and activities of the Azad Hind Fauj, also known as the Indian National Army, or
INA.
 Rash Behari Bose, an Indian revolutionary who had escaped from India and had been living in
Japan for many years, set up the Indian independence league with the support of Indians
living in the countries of south-east Asia.
 When Japan defeated the British armies and occupied almost all the countries of south-East
Asia, the league formed the Indian National Army from among the Indian prisoners of war
with the aim of liberating India from the British rule.
 General Mohan Singh, who had been an officer in the British Indian army, played an important
role in organizing this army.
 In the meantime, Subhas Chandra Bose had escaped from India in 1941 and gone to Germany
to work for India’s Independence. In 1943, he came to Singapore to lead the Indian
Independence league and rebuild the Indian National Army (Azad Hind Fauj) to make it
an effective instrument for the freedom of India. The Azad Hind Fauj comprised of about
45,000 soldiers, among who were Indian prisoners of war as well as Indians who were settled
in various countries of south-east Asia.
 On 21 October 1943, Subhas Bose, who was now popularly known as Netaji, proclaimed the
formation of the provisional government of independent India (Azad Hind) in Singapore.
 Netaji went to the Andaman which had been occupied by the Japanese and hoisted there
the flag of India. In early 1944, three units of the Azad Hind Fauj (INA) took part in the attack
on the north-eastern parts of India to oust the British from India (Imphal campaign).

Gandhi - Subash differences

Both Mahatma Gandhi and Subhash Chandra Bose were stalwarts of Indian freedom struggle. Both
Gandhi and Bose were members of Indian National Congress and both of them had their own ‘political
and social weight’ with the party and in society in general.

’Gandhi and Subhash Chandra Bose differed in their approach and had a different understanding of
political reality:

 Subhash Chandra Bose adopted violent means for the liberation of India and thus led Indian
National Army. Gandhi, on the other hand, was a firm believer of non-violence and led peaceful
mass protests.
 Ideologically Gandhi subscribed to favoured trusteeship pattern of relation between Capitalist
and labourers. Subhash Chandra was a keen follower of radical leftist ideology and organized
trade unions.
 Bose wanted to grab the opportunity provided by Second World War for India’s freedom, thus
approached Germany, Japan while Gandhi saw fascism and Nazism a greater danger to Indian
polity and society thus co-operated with British. Thus they had a different understanding of the
same event.
 Religious teachings had great importance in the life of Gandhi while Subhash Chandra Bose was
a leftist and rationalist.
 Gandhi’s idea of freedom was based on self-rule and rule over self. Bose viewed freedom not
only in terms of the political self-rule but also freedom from socioeconomic inequalities,
casteism, intolerance etc.
 Both Netaji Subhas Chandra Bose and Mahatma Gandhi were infallibly dedicated to the cause
of Indian freedom.
 In spite of all the differences in ideologies, both these great men admired and respected each
other. In 1942 Gandhi called Subhash Bose the “Prince among the Patriots” for his great love
for the country. Bose too admired Gandhi and in a radio broadcast from Rangoon in 1944, he
called Mahatma Gandhi “The Father of Our Nation.”

Manifest Pedagogy

The role of personalities in freedom movement and their ideology in the political sphere are often
asked in UPSC. Further key places and events related to personlaities are important. The recent
renaming of islands in Andaman and Nicobar after S.C.Bose and martyrs of INA makes S.C.Bose and his
ideas important for the exam.

Test yourself: Mould Your Thoughts

Subash Chandra Bose represented an alternative political tradition in Indian national movement
which questioned the dominant line of the Indian politics. Critically Examine.

Prelims questions

Arrange the following events with respect to Indian national movement in chronological order

1. Formation of India Independence league by Rash Behari Bose

2. Passage of the Purna Swaraj resolution
3. Karachi congress
4. Extension of the national movement to the princely states
5. Tripuri session of congress

a) 1-3-4-5-2

b) 2-1-3-5-4

c) 1-2-3-4-5

d) 1-2-3-5-4

(Solution will be given during Fortnightly Manifest Test solution discussion)

Parallel Cinema

In news

Death of Mrinal sen the last of Bengal Triumvirate

Placing it in Syllabus

Indian culture will cover the salient aspects of Art Forms, Literature and Architecture from ancient to
modern times.

Dimensions

1. Contribution of cinema to Indian society.
2. Cinema as an art form.
3. Parallel cinema’s contribution to Indian cinema.

Content

What is the parallel Indian cinema?

Parallel cinema is a film movement in Indian cinema that originated in the state of West Bengal in the
1950s as an alternative to the mainstream commercial Indian cinema, represented especially by
popular Hindi cinema, known today as Bollywood.

It is inspired by Italian Neorealism, Parallel Cinema began just before the French New Wave and
Japanese New Wave, and was a precursor to the Indian New Wave of the 1960s. The movement was
initially led by Bengali cinema and produced internationally acclaimed filmmakers such as Satyajit
Ray, Mrinal Sen, Ritwik Ghatak, Tapan Sinha and others.

It is known for its serious content, realism and naturalism, symbolic elements with a keen eye on the
sociopolitical climate of the times, and for the rejection of inserted dance-and-song routines that are
typical of mainstream Indian films.
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Influences and impact of the parallel cinema

The emergence of parallel cinema had one simple aim: to give movie-goers something more than
meaningless entertainment. It won’t be too wrong to call it a “rebellious” branch of our otherwise
conforming cinema. Mandi (1983), by Shyam Benegal is one such movie dealing with issues that the
society talks about in dulled whispers, if at all. The story revolves around a brothel and its
prostitutes, who ultimately fight for their place of residence, when under threat by politicians who are
themselves frequent visitors. Not many people know this, but Gulzar, besides being an impeccable
lyricist was also a film director. In 1982, he came out with Namkeen, a movie that uncovered
oppression of women in rural India.

Cinema is a very powerful weapon that works both ways. While cinema influences people, people
influence it right back. That is why, parallel cinema plays a very cruical role- mirroring our society,
as well as affecting it. The films of Sen, Benegal and ray offered their audiences a political message
about the social conditions they represented.

This cinema borrowed heavily from the Indian literature of the times, hence became an important
study of the contemporary Indian society, and is now used by scholars and historians alike to map the
changing demographics and socio-economic as well as political temperament of the Indian populace.
Right from its inception, Indian cinema has had people who wanted to and did use the medium for
more than entertainment. They used it to highlight prevalent issues and sometimes to throw open
new issues for the public.

They created a genre of films which depicted reality from an artful perspective. Most films made
during this period were funded by state governments to promote an authentic art genre from the
Indian film fraternity.

Mrinal Sen and the Bengal triumvirate

Mrinal Sen was a noted Bengali filmmaker based in Kolkata. Along with his contemporaries Satyajit
Ray and Ritwik Ghatak, he was often considered to be one of the greatest ambassadors
of Bengali parallel cinema on the global stage.

 Like the works of Ray and Ghatak, his cinema was known for its artistic depiction of social
reality. The three directors charted the independent trajectory of parallel cinema, as a
counterpoint to the mainstream fare of Hindi cinemain India.
 Sen was an ardent follower of Marxist philosophy.
 In many Mrinal Sen movies from Punaschato Mahaprithivi, Kolkata features prominently. He
has shown Kolkata as a character, and as an inspiration.
 He has beautifully woven the people, value system, class difference and the roads of the city
into his movies and coming of age for Kolkata, his El-Dorado.

Satyajit Ray was an Indian Bengali filmmaker, screenwriter, graphic artist, music composer and
author, widely regarded as one of the greatest filmmakers of the 20th century. Ray was born
in Calcutta into a Bengali Pandit family which was prominent in the field of arts and

literature. Starting his career as a commercial artist, Ray was drawn into independent
filmmaking after meeting French filmmaker Jean Renoir .

 Ray created two popular fictional characters in Bengali children's literature—Feluda, a
detective, and Professor Shonku, a scientist. The Feluda stories are narrated by Topesh Ranjan
Mitra aka Topse, his teenage cousin, something of a Watsonto Feluda's Holmes.
 The science fictions of Shonku are presented as a diary discovered after the scientist had
mysteriously disappeared.

Ritwik Ghatak was a Noted Bengali filmmaker and script writer. Along with prominent
contemporary Bengali filmmakers Satyajit Ray and Mrinal Sen, his cinema is primarily remembered
for its meticulous depiction of social reality. Ghatak stood entirely outside the world of Indian
commercial film. None of the elements of the commercial cinema (singing and dancing, melodrama,
stars, glitz) featured in his work. He was watched by students and intelligentsia, not by the masses.

 Ghatak was not only a film director, he was a theorist, too. His views and commentaries on
films have been parts of scholarly studies and researches.
 As a filmmaker his main concentration was on men and life and specially the day-to-day
struggle of ordinary men. He could never accept the partition of India of 1947 which divided
Bengal into two countries. In almost all his film he dealt with this theme.
 Filmmaking was not only art for him. In his opinion it was only a means to the end of serving
people: It was only a means of expressing his anger at the sorrows and sufferings of his people.
 He was a lifelong communistand actively supported CPI in his earlier life. He believed that the
film was just a medium of his larger thoughts about the society.

Decline

By the early 1990s, the rising costs involved in film production and the commercialisation of the films
had a negative impact on the art films. The fact that investment returns cannot be guaranteed made
art films less popular amongst filmmakers.

One of the major reasons for the decline of the parallel cinema in India is that the F.F.C. or the National
Film Development Corporation of India did not seriously look into the distribution or exhibition of
these films. The mainstream exhibition system did not pick up these films because these films did not
have the so-called 'entertainment value' that they were looking for.

Since most of the parallel cinema rejected the regressive worldview that was largely embodied the
mainstream cinema they never found acceptance in the mainstream production, distribution and
exhibition system. With an absence of an alternative exhibition system or an art house circuit as it is
called in the west

Manifest Pedagogy

Modern Art and Culture is part of the syllabus for UPSC both Preliminary and Mains. Parallel cinema is
a major artistic movement in Indian cinema and it has the potential to be an independent question.
The death of one of the pioneers of this new age movement can be a trigger for the questions.

Mould your Thoughts: Test Yourself

1. Parallel cinema is a true reflection of the Indian social condition immediately post-
Independence. Account for its departures with mainstream cinema and the causes for its
decline.

INDIAN SOCIETY

The National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and
Multiple Disabilities (Amendment) Bill, 2018

In news

Parliament passes the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental
Retardation and Multiple Disabilities (Amendment) Bill, 2018

Placing it in syllabus

Mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these
vulnerable sections.

Static Dimensions

1. Disability as a social problem
2. Various provisions by the Government for the Differently abled
3. The National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and
Multiple Disabilities Act 1999

Current Dimensions

1. Amendments to Autism Act

Content

Provisions of the bill/ changes made in new bill

 Tenure of the Board: Under the Multiple Disabilities Act, 1999, the Chairperson and members
of the Board of the National Trust can hold office for a term of three years from the date of their
appointment or until their successors are appointed, whichever is longer. The Bill amends this
provision to fix the tenure of the Chairperson and members of the Board to three years.
 Further, the Bill states that the central government will initiate the process for appointment of
the Chairperson or any member of the Board, at least six months prior to the expiry of his
tenure.
 Resignation of Chairperson: The Act states that if the Chairperson or members of the Board
resign, they will continue in office until the appointment of their successor is made by the
central government. The Bill amends this to allow the Chairperson or members of the Board to
hold office till their resignation is accepted by the central government.

 Parliament passed the Bill to streamline the appointment and resignation of members of a
trust which helps persons with disability to live independently.
 The bill allows setting up of a national trust to enable persons with disability to live
independently by promoting measures for their protection in case of death of their parents.
 It also evolves procedures for appointment of their guardians and trustees, and facilitating
equal opportunities in society.

What are multiple disabilities/ Autism?

 Autism, a lifelong neurological condition and one which occurs in the first few years of a
person's life, is a developmental disorder. It is manifest largely in three aspects, which are:
Communication, social interactions, and imagination. The three are often referred to as the
triad of impairments.
 Autism, or autism spectrum disorder (ASD), refers to a broad range of conditions
characterized by challenges with social skills, repetitive behaviors, speech and nonverbal
communication.
 "Cerebral Palsy means a group of non-progressive condition of a person characterized by
abnormal motor control posture resulting from brain insult or injuries occurring in the pre-
natal, infant period of development.
 A combination of genetic and environmental factors influences the development of autism. The
disorder often is accompanied by medical issues such as gastrointestinal (GI) disorders,
seizures and sleep disturbances.
 "Severe Disability means disability with eighty percent or more of one or more multiple
disabilities.
 According to an estimate, autism affects 1 in 59 children. Many people suffering from autism
also have sensory issues. These sensory issued can include aversions to certain sights, sounds
and other sensations.

Objectives of the Trust :

The objectives of the National Trust are:

 To enable and empower persons with disability (persons covered by the National Trust) to live
as independently and as fully as possible within and as close to the community to which they
belong.
 To strengthen facilities to provide support to persons with disabilities to live within their own
families and to help persons with disabilities who have no family support.
 To extend support to registered organizations' that provide need-based services to family of
persons with disabilities.
 To promote measures of care for persons with disabilities in the event of a death of their
parent or guardian.
 To evolve procedure for the appointment of guardians and trustees for persons with disability
requiring protection.
 To facilitate the realization of equal opportunities, protection of right, and full participation of
persons with disability.
 To do any other act which is incidental to the objectives mentioned above.
MANIFEST IAS WWW.MANIFESTIAS.COM
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BCC Layout, Vijaya Nagar, Bengaluru, Karnataka 560040 Contact: 9945 09 2222

Manifest Pedagogy

With a new Act passed for the Differently Abled Group i.e., Persons with Disabilities Act, 2017
replacing the older Act and the above Autism Bill being in news, this vulnerable section becomes
important for exam.

Test Yourself : Mould your thoughts

Disability is a social problem . Critically examine the statement and also discuss how effective can
strengthened laws and institutions be on addressing the issues of the group.

Prelims Question

Consider the following statements about amendments under The National Welfare Trust for Autism,
Cerebral Palsy, Mental Retardation and Multiple Disabilities (Amendment) Bill, 2018

1. It seeks to fix the tenure of Chairperson and the members of the National Trust for a term of 1
Year
2. The current government under it will initiate the process of appointments of Chairperson or
any member, at least 3 months prior to the expiry of his tenure

Which of the above statements is/are correct?

a) Only 1

b) Only 2

c) Both 1 and 2

d) Neither 1 nor 2

(Solution will be given during Fortnightly Manifest Test solution discussion)

Surrogacy

In news

Lok Sabha passes Surrogacy Bill

Placing it in the syllabus

1. Indian Society : Social Empowerment
2. Indian Polity :

 Government policies and interventions for development in various sectors and issues arising
out of their design and implementation.
 Issues relating to development and management of Social Sector/Services relating to Health,
Education, Human Resources.
MANIFEST IAS WWW.MANIFESTIAS.COM
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BCC Layout, Vijaya Nagar, Bengaluru, Karnataka 560040 Contact: 9945 09 2222

Static Dimensions

1. Problems related to surrogacy in India

Current Dimensions

1. Surrogacy Bill - 2018 provisions
2. Criticisms
3. Solutions

Surrogacy Bill

Problems associated with surrogacy in India

 Health related problems: There are several health related problems faced by surrogates such
as risk in assisted reproductive technology, psychological impact on the surrogate, genealogical
bewilderment (it refers to the identity problems that are experienced by a child who was either
fostered, adopted or conceived through surrogacy )and surrogate mother is treated as a
biological commodity, as a place to protect child for money.
 Gender selection: Gender selection itself is illegal in India but if the intending parents do not
get the desired sex then in many cases surrogate mother are either left with the baby or they
get poor remuneration as compared to previously decided.
 Emotional risks of surrogacy : In addition to the gender selection, there are sometimes
emotional challenges for potential surrogates to consider. While pregnancy in itself can be a
difficult process, some women find surrogacy to be more emotionally challenging because, at
the end, they will not be going home with the child they have lived with for nine months.
 The citizenship and legal status of the children resulting from surrogacy arrangements can
be problematic.
 Ethical issues: It seems not to be ethical for someone to create a human life with the intention
of relinquishing it.
 Rights of the surrogate mother are not protected and regulated by law in India and it is
easy to exploit her.
 The surrogates are recruited from rural villages and most ladies being poor and
illiterate
 A surrogate mother in India is largely unaware of existing legal or medical procedures
and the risks involved in the process. She is the lowest rung of the surrogacy chain and remains
the most vulnerable.

Provisions of the Surrogacy (Regulation) Bill, 2016

 The Bill defines surrogacy as a practice where a woman gives birth to a child for an intending
couple and agrees to hand over the child after the birth to the intending couple.
 Regulation of surrogacy: The Bill prohibits commercial surrogacy, but allows altruistic
surrogacy. Altruistic surrogacy involves no monetary compensation to the surrogate mother
other than the medical expenses and insurance coverage during the pregnancy. Commercial

13

       surrogacy includes surrogacy or its related procedures undertaken for a monetary benefit or
       reward (in cash or kind) exceeding the basic medical expenses and insurance coverage.
      The bill provides purposes for which surrogacy is permitted: Surrogacy is permitted when
       it is, (i) for intending couples who suffer from proven infertility; and (ii) altruistic; and (iii) not
       for commercial purposes; and (iv) not for producing children for sale, prostitution or other
       forms of exploitation.
      The bill also provides eligibility criteria for intending couple: The intending couple should
       have a ‘certificate of essentiality’ and a ‘certificate of eligibility’ issued by the appropriate
       authority.

       A certificate of essentiality will be issued upon fulfilment of the following conditions: (i) a
       certificate of proven infertility of one or both members of the intending couple from a District
       Medical Board; (ii) an order of parentage and custody of the surrogate child passed by a
       Magistrate’s court; and (iii) insurance coverage for the surrogate mother.

      The certificate of eligibility is issued upon fulfilment of the following conditions by the
       intending couple:

      Indian citizens and are married for at least five years;
      Between 23 to 50 years old female and 26 to 55 years old male;
      They do not have any surviving child (biological, adopted or surrogate); this would not include
       a child who is mentally or physically challenged or suffers from life threatening disorder or
       fatal illness. Other conditions may be specified by regulations.

      Eligibility criteria for surrogate mother: To obtain a certificate of eligibility from the
       appropriate authority, the surrogate mother has to:
      (i) be a close relative of the intending couple;
      (ii) be an ever married woman having a child of her own;
      (iii) be 25 to 35 years old; (iv) be a surrogate only once in her lifetime; and (iv) possess a
       certificate of medical and psychological fitness for surrogacy.
      Appropriate authority: The central and state governments shall appoint one or more
       appropriate authorities within 90 days of the Bill becoming an Act. The functions of the
       appropriate authority include;
            o granting, suspending or cancelling registration of surrogacy clinics;
            o enforcing standards for surrogacy clinics;
            o investigating and taking action against breach of the provisions of the Bill
            o recommending modifications to the rules and regulations.
      It provides for registration of surrogacy clinics: Surrogacy clinics cannot undertake
       surrogacy related procedures unless they are registered by the appropriate authority.
      National and State Surrogacy Boards: The central and the state governments shall constitute
       the National Surrogacy Board (NSB) and the State Surrogacy Boards (SSB), respectively.
        Functions of the NSB include,
            o advising the central government on policy matters relating to surrogacy;
            o laying down the code of conduct of surrogacy clinics; and
            o supervising the functioning of SSBs.

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 Offences and penalties: The Bill states the following offences:
o undertaking or advertising commercial surrogacy;
o exploiting the surrogate mother;
o abandoning, exploiting or disowning a surrogate child; and
o Selling or importing human embryo or gametes for surrogacy.

 The Bill specifies a range of offences and penalties for other contraventions of the provisions of
the Bill and initiating commercial surrogacy.

Criticisms

 The Bill permits surrogacy only for couples who cannot conceive a child. This procedure is not
allowed in case of any other medical conditions which could prevent a woman from giving
birth to a child.
 The Bill specifies eligibility conditions that need to be fulfilled by the intending couple in order
to commission surrogacy. Further, it allows additional conditions to be prescribed by
regulations. This may be a case for excessive delegation of legislative powers.
 The surrogate mother and the intending couple need eligibility certificates from the
appropriate authority. The Bill does not specify a time limit within which such certificates will
be granted. It also does not specify an appeal process in case the application is rejected.
 The surrogate mother must be a ‘close relative’ of the intending couple. The Bill does not
define the term ‘close relative’. Further, the surrogate mother (close relative) may donate her
own egg for the pregnancy. This may lead to negative health consequences for the surrogate
baby

Solutions

 There is a strong need to modify and make the adoption procedure simple for all. This will
bring down the rates of surrogacy. To protect surrogate mothers and children, it is necessary to
provide a legal framework that restricts the exploitation of surrogates and their children, and
penalize those who do not honor contracts.

Manifest Pedagogy

 Legislations in news become highly relevant for exam. The Parliamentary sessions of a year
and so and the important bills passed even by a single house stand higher chances of being
asked in the exam.

Test Yourself: Mould your thoughts

Enumerate the provisions of the Surrogacy (Regulation) Bill, 2018. Briefly explain criticisms against it.

The Transgender Persons (Protection of Rights) Bill, 2018

In news

Lok Sabha passes Transgender Bill
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Placing it in syllabus

1. Indian Society : Social Empowerment
2. Indian Polity : Government policies and interventions for development in various sectors and
issues arising out of their design and implementation.

Static dimensions

1. Gender as a social issue
2. SC judgement on 'Transgender'

Current dimensions

1. Transgender Bill, 2018
2. Criticisms
3. Welfare measures needed for the community

Content

History of Supreme Court judgment declaring Transgender as third gender

Supreme Court of India in its landmark judgment in National Legal Services Authority v/s Union of
India case, it declared that transgender people to be a 'third gender', affirmed that the fundamental
rights granted under the Constitution of India will be equally applicable to transgender people, and
gave them the right to self-identification of their gender as male, female or third-gender.

The Court even gave following directions to Centre and State Governments;

 To grant legal recognition of gender identity whether it be male, female or third-gender.
 To grant legal recognition for Persons transitioning within male/female binary.
 To take proper measures to provide medical care to Transgender people in the hospitals and
also provide them separate public toilets and other facilities
 To provide the community various social welfare schemes and to treat the community as
socially and economically backward classes.
 To take steps to create public awareness so that Transgender people will feel that they are also
part and parcel of the social life and not be treated as untouchables.

Recently Supreme Court of India in its judgment, decriminalized homosexuality by declaring
parts of Section 377 of Indian Penal Code unconstitutional.

Provisions of the bill

 The Bill defines a “transgender person” as a person whose gender does not match with the
gender assigned to that person at birth and includes trans-man or trans-woman (whether or
not such person has undergone Sex Reassignment Surgery or hormone therapy or laser
therapy or such other therapy), person with intersex variations, gender queer and person
having such socio-cultural identities as kinner, hijra, aravani and jogta.
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      It also defines "person with intersex variations" as a person who at birth shows variation in
       his or her primary sexual characteristics, external genitalia, chromosomes or hormones from
       normative standard of male or female body
       The Bill prohibits the discrimination against a transgender person, including denial of
       service or unfair treatment in relation to: (i) education; (ii) employment; (iii) healthcare; (iv)
       access to, or enjoyment of goods, facilities, opportunities available to the public; (v) right to
       movement; (vi) right to reside, rent, own or otherwise occupy property; (vii) the denial or
       discontinuation of, or unfair treatment in, the opportunity to stand for or hold public or private
       office; and (viii) the denial of access to, removal from, or unfair treatment in, Government or
       private establishment in whose care or custody a transgender person may be.
      The bill states that no child shall be separated from parents or immediate family on the
       ground of being a transgender, except on an order of a competent court, in the interest of
       such child.
      Right of residence: Every transgender person shall have a right to reside and be included in
       his household. If the immediate family is unable to care for the transgender person, the person
       may be placed in a rehabilitation centre, on the orders of a competent court.
      Employment: No No establishment shall discriminate against any transgender person in any
       matter relating to employment including, but not limited to, recruitment, promotion and other
       related issues
      Education: Every educational institution funded or recognised by the appropriate Government
       shall provide inclusive education and opportunities for sports, recreation and leisure activities
       without discrimination on an equal basis with others.
      Health care: The government shall take steps to provide health facilities to transgender
       persons including separate HIV surveillance centres, sex reassignment surgeries, etc. And
       provide comprehensive medical insurance schemes for them.
      Certificate of identity for a transgender person: A transgender person may make an
       application to the District Magistrate for a certificate of identity, indicating the gender as
       ‘transgender’.
      Welfare measures by the government: The Bill states that the relevant government will take
       measures to ensure the full inclusion and participation of transgender persons in society. It
       must also take steps for their rescue and rehabilitation, vocational training and self-
       employment, create schemes that are transgender sensitive, and promote their participation in
       cultural activities.
      Offences and Penalties: The Bill recognizes the following offences: (i) begging, forced or
       bonded labour (excluding compulsory government service for public purposes); (ii) denial of
       use of a public place; (iii) denial of residence in household, village, etc.; (iv) Physical, sexual,
       verbal, emotional and economic abuse.
      National Council for Transgender persons (NCT): The NCT will consist of: (i) Union Minister
       for Social Justice (Chairperson-ex officio); (ii) Minister of State for Social Justice (Vice-
       Chairperson, ex officio); (iii) Secretary of the Ministry of Social Justice; (iv) one representative
       from ministries including Health, Home Affairs, Minority Affairs, Housing and Poverty
       Alleviation, Human Resources Development, etc. Other members include representatives of the
       NITI Aayog, National Human Rights Commission, and National Commission for Women. State
       governments will also be represented. The Council will also consist of five members from the
       transgender community and five experts from non-governmental organizations.

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 The Council will advise the central government on the formulation and monitoring of policies,
legislation and projects with respect to transgender persons.

Criticisms of the bill

 The requirement that a district screening committee must recommend the issue of a certificate
to each transgender may be necessary to prevent misuse, but such a process goes against the
principle of self-identification, a key right the Supreme Court had protected.
 The legitimate concern in the revised Bill is the bar on forcible separation of transgender
persons from their families, except through court orders.
 Another concern is that the Bill criminalizes begging by making it an offence for someone to
compel or entice a transgender person into seeking alms. When begging itself is no more seen
as an offence, it may harm the community if such a means of livelihood – in the absence of
employment – is criminalized.
 The Bill, unfortunately, does not give effect to the far-reaching directive of the Supreme Court
to grant backward class reservation to the transgender community. Nor have the Standing
Committee’s concerns about recognizing civil rights in marriage, divorce and adoption among
them been addressed

Overall measures needed for this community

 Education is the way to address the problem of discrimination. It’s important for
advocates, organizations and individuals to learn about the violence and discrimination that
transgender people face. Armed with this knowledge, people can call out transphobia when
they see it and take steps to allow transgender voices to be heard.
 Access to quality health care, It help this community to get their hormonal transfer in a
proper way.
 Employment- Self employment would be better way to avert this community from begging.
 Spreading awareness among general public regarding gender sensitivity

Manifest Pedagogy

Legislations in news become highly relevant for exam. The Parliamentary sessions of a year and so
and the important bills passed even by a single house stand higher chances of being asked in the
exam.

Test Yourself: Mould your thoughts

The Transgender Persons (Protection of Rights) Bill, 2018, though a progressive one fails to address
the issues of the community. Do you agree with the statement? Substantiate.

POLITY & GOVERNANCE

The Citizenship (Amendment) Bill, 2016

In news

Lok sabha passes the Citizenship amendment bill

Placing it in syllabus

Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions

Static dimensions

1. Citizenship act 1955
2. Issue of OCI

Current dimension

1. The Citizenship (Amendment) Bill, 2016

Content

Aim of the bill

 With The Citizenship (Amendment) Bill, 2016, the government plans to change the definition of
illegal migrants.
 The bill seeks to amend the Citizenship Act, 1955 to provide citizenship to illegal migrants,
from Afghanistan, Bangladesh and Pakistan, who are of Hindu, Sikh, Buddhist, Jain, Parsi or
Christian extraction. However, the Act doesn’t have a provision for Muslim sects like Shias and
Ahmediyas who also face persecution in Pakistan.
 The Bill also seeks to reduce the requirement of 11 years of continuous stay in the country to
six years to obtain citizenship by naturalisation.

Features of the bill

 Definition of illegal migrants: The Act prohibits illegal migrants from acquiring Indian
citizenship. It defines an illegal migrant as a foreigner: (i) who enters India without a valid
passport or travel documents, or (ii) stays beyond the permitted time.
 The Bill amends the Act to provide that that the following groups of persons will not be treated
as illegal migrants: (i) Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan,
Bangladesh and Pakistan, (ii) who have been exempted from provisions of the Passport (Entry
into India) Act, 1920, and the Foreigners Act, 1946 by the central government. The 1920 Act
mandates foreigners to carry passport, while the1946 Act regulates the entry and departure of
foreigners in India.
 Citizenship by Naturalisation: The Act allows a person to apply for citizenship by
naturalisation, if the person meets certain qualifications. One of the qualifications is that the
person must have resided in India or been in service of the central government for at least 11
years before applying for citizenship.
 The Bill creates an exception for Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from
Afghanistan, Bangladesh and Pakistan, with regard to this qualification. For these groups of
persons, the 11 years’ requirement will be reduced to six years.

 Cancellation of Registration of OCIs: The Bill also makes amendments to provisions related
to Overseas Citizen of India (OCI) cardholders. A foreigner may register as an OCI under the
1955 Act if they are of Indian origin (eg. former citizen of India or their descendants) or the
spouse of a person of Indian origin. This will entitle them to benefits such as the right to travel
to India, and to work and study in the country. The Bill amends the Act to allow cancellation of
OCI registration if the person has violated any law.

Criticisms

 The Bill makes illegal migrants eligible for citizenship on the basis of religion. This may violate
Article 14 of the Constitution which guarantees right to equality.
 The Bill allows cancellation of OCI registration for violation of any law. This is a wide ground
that may cover a range of violations, including minor offences.

Impact of the Bill on the updated NRC list

 While Bill is designed to grant citizenship to non-Muslim refugees persecuted in neighbouring
countries, NRC does not distinguish migrants on the basis of religion.
 It will consider deporting anyone who has entered the State illegally post-March 24, 1971,
irrespective of their religion.
 The process of deportation or duration of detention is not clear as it has not been stated by the
government. But if the Bill becomes an Act, the non-Muslims need not go through any such
process, meaning this will be clearly discriminating against Muslims identified as
undocumented immigrants.

Impact of the bill on other states

 States sharing borders with Bangladesh, Pakistan and Afghanistan are likely to be affected.
 The Meghalaya government has opposed the Bill. Calling the bill "dangerous," the Meghalaya
government said that they don't agree with the idea of non-Muslims acquiring citizenship after
six years of living in the country.

Manifest Pedagogy

Citizenship as a topic has become highly important due to various issues in news. Trump's position
against migrants, refugee issue and Brexit, Rohingya issue, NRC in North East and the Citizenship
Amendment Bill. Questions can be expected in both prelims and mains. The focus in prelims could be
on the concept of citizenship as conceptual questions in Polity have been on a rise in recent times.

Test yourself: Mould your thoughts

Enumerate the features of the Citizenship (Amendment) Bill, 2016. Do you think it violates
Constitutional principles? Substantiate.

Prelims Questions

1. Citizenship as a concept should necessarily involve
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a) Rights only

b) Duties only

c) Both Rights and Duties

d) Political Rights only

2. Citizenship as a legal identity is a product of

a) State

b) Nation

c) Nation-State

d) Neither Nation nor state

(Solution will be given during Fortnightly Manifest Test solution discussion)

Triple Talaq

In news

Lok Sabha passes Triple Talaq Bill

Placing it in syllabus

Indian Society :Role of Women and Women organizations

Indian Polity :Fundamental Rights

Static dimensions

   1. Triple Talaq practice
   2. Rulings of Judiciary on the practice
   3. Arguments for and against the practice

Current Dimensions

   1. Triple talaq Bill, provisions and criticisms

What is triple talaq?

Triple talaq is the practice under which a Muslim man can divorce his wife by simply uttering "talaq"
three times. It is prevalent among India's Muslim community majority of who follow the Hanafi
Islamic school of law.

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Triple Talaq, also known as talaq-e-biddat, instant divorce and talaq-e-mughallazah (irrevocable
divorce), is a form of Islamic divorce which has been used by Muslims in India, especially adherents
of Hanafi Sunni Islamic schools of jurisprudence.It allows any Muslim man to legally divorce his wife
by stating the word talaq (the Arabic word for "divorce") three times in oral, written, or more
recently, electronic form

Arguments against triple talaq

1. Three schools of Islam does not support Triple Talaq except the Anafi School. However, Anafi
School has the provision of Ijtihad - which means 'critical reasoning will be considered to
change laws with changing times'
2. Gender parity is an universal concept and Triple Talaq goes against this principle
3. Article 15(3) states that : Nothing in this article shall prevent the State from making any
special provision for women and children.
4. Article 13 of the Constitution includes customs within its scope and hence, state can intervene
in this matter
5. Matters with respect to Religion can be questioned as per Article 25 of the Indian Constitution
and is subject to other Fundamental Rights and to Positive Secularism
6. The practice of Triple Talaq goes against the tenets of Essential Religious Practice
7. It is an Oral practice and has no legal backing to it

8. Triple Talaq does not take into account the will of the woman in the marriage.

Arguments in favor of triple talaq

1. Muslims consider Triple Talaq a divine practice supported by Quran.
2. The Muslim community consider Triple Talaq an Essential Religious Practice and that the State
nor the Judiciary should interfere in this matter
3. Removal of triple talaq would be imposition of majoritarian practice on a minority community
4. Articles 25 to 28 gives protection to religious practices

Supreme Court judgment on it

In Shayara Bano V/S Union of India case the Supreme Court of India set aside the practice of talaq-e-
bidat, (saying it was violative of Article 14 and 21 of the Indian Constitution)which allowed certain
Muslim men to divorce their wives instantaneously and irrevocably, on the basis that it violated the
Constitution of India. The case itself does not primarily focus on gender justice but has strong positive
implications on advancing women’s rights and gender equality in India.

The court’s ruling was restricted to the constitutional validity of triple talaq and did not include issues
like polygamy and nikah halala under the Muslim personal law.

Triple talaq bill and its provisions

 The Bill makes all declaration of talaq, including in written or electronic form, to be void (i.e.
not enforceable in law) and illegal. It defines talaq as talaq-e-biddat or any other similar form
of talaq pronounced by a Muslim man resulting in instant and irrevocable divorce. Talaq-e-
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biddat refers to the practice under Muslim personal laws where pronouncement of the word
‘talaq’ thrice in one sitting by a Muslim man to his wife results in an instant and irrevocable
divorce.
 Offence and penalty: The Bill makes declaration of talaq a cognizable offence, attracting up to
three years’ imprisonment with a fine. (A cognizable offence is one for which a police officer
may arrest an accused person without warrant.) The offence will be cognizable only if
information relating to the offence is given by: (i) the married woman (against whom talaq has
been declared), or (ii) any person related to her by blood or marriage.
 The Bill provides that the Magistrate may grant bail to the accused. The bail may be granted
only after hearing the woman (against whom talaq has been pronounced), and if the Magistrate
is satisfied that there are reasonable grounds for granting bail.
 The offence may be compounded by the Magistrate upon the request of the woman (against
whom talaq has been declared). Compounding refers to the procedure where the two sides
agree to stop legal proceedings, and settle the dispute. The terms and conditions of the
compounding of the offence will be determined by the Magistrate.
 Allowance: A Muslim woman against whom talaq has been declared, is entitled to seek
subsistence allowance from her husband for herself and for her dependent children. The
amount of the allowance will be determined by the Magistrate.
 Custody: A Muslim woman against whom such talaq has been declared, is entitled to seek
custody of her minor children. The manner of custody will be determined by the Magistrate.

Criticisms

 What makes the Bill such a missed opportunity is that unilateral talaq would continue to
remain an exclusive privilege of men, as even in methods of Talaq-e- ehsan and Talaq-e
hasan (where divorce takes place over three months and there are attempts to reconcile) men
need not cite any grounds for divorce. A suggestion to rectify this was repeatedly made by
BMMA, which sought Talaq-e-ehsan to be uniformly available to men and women but to no
avail.
 The new Bill holds the husband responsible for maintenance of his wife, which is
understandable in a context where in most homes women exiting bad marriages continue to
face stigma even in their maternal homes. However, an amendment laying down how exactly
the maintenance would reach an abandoned wife then becomes necessary, if the husband faces
a jail term.
 While potential misuse can never be an argument against enactment of a law itself, the undue
power that this Bill would grant to the police (a non-bailable offence, where arrests can be
made without warrant) is not an unreasonable concern.
 Most importantly, the drafters of the bill have failed to note that often when a petitioner
approaches the court, it is to seek that the talaq given at whim can be disregarded so that the
marriage can continue.
 So far as criminalisation is concerned, if bigamy, dowry, desertion can all come with criminal
consequences, triple talaq should indeed be no exception, but by hanging a sword of a three-
year jail term, the law not only contributes to the society’s existing anxiety over divorce but
also lays down an ambiguous course of action which prolongs the marriage on paper but
presumes de facto separation, if any of the clauses are to actually apply.

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