DAILY CURRENT AFFAIRS IAS | UPSC Prelims and Mains Exam –3rd July 2023
Archives (PRELIMS & MAINS Focus) Uniform Civil Code Syllabus Prelims –Polity Context: As per recent reports, the Parliamentary Committee is set to discuss the Uniform Civil Code in the upcoming meeting. Background:- The Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice will hold a meeting on the Uniform Civil Code (UCC) tomorrow. BJP Rajya Sabha MP Sushil Modi will head the Committee. The UCC proposes to formulate and implement personal laws of citizens, which apply to all citizens equally regardless of their religion. About Uniform Civil Code:- IMAGE SOURCE: The Times of India UCC is a generic set of governing laws for every citizen without taking into consideration religion. The Constitution in Article 44 requires the State to strive to secure for its citizens a Uniform Civil Code(UCC) throughout India. (UPSC CSE: Uniform Civil Code) Article 44:According to this article, “The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India”. Historical Background:- The Supreme Court for the first time directed the Parliament to frame a UCC in the case of Mohammad Ahmed Khan v. Shah Bano Begum in the year 1985. In this case, Shah Bano claimed maintenance from her husband under Section 125 of the Code of Criminal Procedure after she was given triple talaq by him. However, the government overturned the Shah Bano case decision by way of the Muslim Women (Right to Protection on Divorce) Act, 1986 which curtailed the right of a Muslim woman to maintenance under Section 125 of the Code of Criminal Procedure. Need of UCC:- Gender Justice:– It is commonly observed that personal laws of almost all religions are discriminatory towards women. Men are usually granted upper preferential status in matters of succession and inheritance. Muslim men are allowed to marry multiple wives, but women are forbidden from having multiple husbands. Even after the 2005 amendment to the Hindu Succession Act, women are still considered part of their husband’s families after marriage. So, in case a Hindu widow dies without any heirs or will, her property will automatically go to her husband’s family. Men (fathers) are also treated as ‘natural guardians’ and are given preference under the Hindu Minority and Guardianship Act. A uniform civil code will establish gender justice by bringing both men and women to par. Promote national unity: A unified personal law irrespective of gender, caste, creed, etc. will boost national unity and solidarity. Simplification of laws: It will eliminate the overlapping of laws. Different personal laws (Codified and Uncodified) practised in India:- Hindu Personal Law Hindu personal law is codified in four bills: the Hindu Marriage Act, Hindu Succession Act, Hindu Minority and Guardianship Act, and Hindu Adoptions and Maintenance Act. The term ‘Hindu’ also includes Sikhs, Jains and Buddhists for the purpose of these laws. It was codified by the Parliament in 1956. Muslim personal laws A 1939 Act enacted by the British said that their personal Law (ie, the Shariat) would govern Muslims. The Muslim Personal Law (Shariat) Act, 1937 is a short statute with five provisions. It covers provisions of marriage, divorce, children’s custody or inheritance Intestate succession, dissolution of marriage etc. Secular’ laws:- These laws disregard religion altogether. These include: Special Marriage Act: for Inter-religion marriages and Guardians and Wards Act: establishes the rights and duties of guardians. Other laws:- In the Northeast, there are more than 200 tribes with their own varied customary laws. Apart from it, different personal laws also govern Christians and Jews. Thus, a UCC will simplify these laws into one standard. Parliamentary Standing Committees These are the permanent and regular committees. They are constituted from time to time according to the provisions of an Act of Parliament or Rules of Procedure and Conduct of Business. Both houses of Parliament, Rajya Sabha, and Lok Sabha have similar Committee structures with a few exceptions. Parliamentary committees draw their authority from:- Article 105: on privileges of Parliament members. Article 118: on Parliament’s authority to make rules for regulating its procedure and conduct of business. MUST READ: Parliamentary Committees SOURCE: AIR PREVIOUS YEAR QUESTIONS Q.1) In essence, what does ‘Due Process of Law’ mean? (2023) The principle of natural justice The procedure established by law Fair application of law Equality before law Q.2) In India, which one of the following (2023) Constitutional Amendments were widely believed to be enacted to overcome the judicial interpretations of Fundamental Rights. 1st Amendment 42nd Amendment 44th Amendment 86th Amendment National Investigation Agency (NIA) Syllabus Prelims – Important Institutions Context: Recently, the National Investigation Agency (NIA) conducted raids at multiple locations in Bihar, Gujarat, and Uttar Pradesh. Background:- The NIA conducted raids at multiple locations in Bihar, Gujarat, and Uttar Pradesh in connection with a radicalized module run by Pakistan-based suspects – Ghazwa-e-Hind. During the raids, it seized incriminating material, including digital devices and documents. About National Investigation Agency (NIA):- NIA is functioning as the Central Counter Terrorism Law Enforcement Agency in India. Establishment: 2008. National Investigation Agency Act, enacted on 31-12-08, established it. (UPSC MAINS: NIA) Ministry: Ministry of Home Affairs. HQ: New Delhi. It is a central agency to investigate and prosecute offences:- Affecting the sovereignty, security and integrity of India, security of the State, and friendly relations with foreign States. Against atomic and nuclear facilities. Smuggling in High-Quality Counterfeit Indian Currency. Objectives:- It implements international treaties, agreements, conventions and resolutions of the United Nations, its agencies and other international organisations. Historical Background:- The agency at the Central level was created for the investigation of offences related to terrorism and certain other Acts post-2008 Mumbai terror attacks. Functions of NIA:- In-depth professional investigation of scheduled offences using the latest scientific methods. Ensuring effective and speedy trials. Developing into a thoroughly professional, result-oriented organization. Developing a professional workforce through regular training and exposure to the best practices and procedures. Maintaining professional and cordial relations with the governments of States and Union Territories and other law enforcement agencies in compliance with the legal provisions of the NIA Act.
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