GS Analyst: Daily Current Affairs

The Supreme Court recently addressed the maintainability of an original suit filed by the State of West Bengal against the Union of India concerning the CBI's registration of cases within the state without its consent. The Supreme Court's stance on the maintainability of such suits under Article 131 has sparked debate. The central issue revolves around whether these suits raise questions crucial to the existence or extent of legal rights, as required by Article 131.

Role of Article 131:

• Article 131 ensures that disputes involving the Union and States are resolved within the framework of the Constitution, particularly concerning their respective powers and functions.
• It is not meant for routine disputes but for those that impact the constitutional relationship between the Union and the States.
• Interpretation of "Legal Rights" under Article 131: Courts interpret "legal rights" under Article 131 broadly to encompass rights, liberties, powers, or immunities that affect the Union-State relationship.
  • For instance, the Madras High Court upheld Tamil Nadu's challenge to certain provisions of the Prevention of Terrorism Act, 2003, stating it involved constitutional principles rather than a routine dispute.

The Supreme Court recently delivered a significant ruling on the portrayal of persons with disabilities in visual media, emphasizing that filmmakers' creative freedom does not extend to mocking, stereotyping, or misrepresenting marginalized groups. This decision stemmed from a plea concerning the film "Aankh Micholi," which allegedly misrepresented disabilities and violated the rights protected under the Constitution and disability laws.

Key-highlights of the Supreme Court’s Ruling

• The court outlined a framework that aligns with anti-discrimination principles and the Rights for Persons with Disabilities Act, 2016. It stated that if a film's overall message infringes on the rights of persons with disabilities, it cannot be protected as free speech. Even if stereotypes or disparaging portrayals are deemed necessary for a film's message, they must be balanced against the fundamental rights of those portrayed.
• Societal discrimination: The court criticized the use of derogatory terms like "cripple" and "spastic," noting that such language perpetuates societal discrimination. It emphasized the importance of accurate representation of medical conditions to avoid reinforcing stereotypes and misinformation.

Significance of the Ruling

• This ruling underscores the judiciary's role in ensuring that media representation respects the dignity of persons with disabilities and does not contribute to their marginalization. It reflects a broader societal shift towards promoting inclusive and respectful portrayals in media, aligning with constitutional values and legal protections against discrimination.
• In essence, the case highlights the intersection of artistic freedom and social responsibility, emphasizing the need for media to portray disability in a manner that promotes understanding and inclusivity rather than reinforcing harmful stereotypes.

To prevent unlawful activities by individuals and organizations and to curb the threat of Naxalism and its supporters in urban areas, the Maharashtra government presented a bill named the “Maharashtra Special Public Safety Act 2024,” the legal provisions of this bill are intended to curb the threat of Naxalism and its supporters in urban areas.

About

• The Maharashtra Special Public Safety Act 2024 aims to combat unlawful activities linked to Naxalism and its supporters in urban areas.
• It categorizes involvement in violence, promoting fear among the public, and encouraging disobedience to established laws as unlawful.
• The Act makes all offenses cognizable and non-bailable, with penalties including imprisonment ranging from three to seven years and fines between Rs 3 to 5 lakh for joining unlawful organizations.
• Need behind the bill: The menace of Naxalism is not only limited to remote areas of the Naxal-affected states, but its presence is increasing in the urban areas also through the Naxal frontal organisations. The spread of active frontal organisations of Naxal groups gives constant and effective support in terms of logistics and safe refuge to their armed cadres.

Urban Naxalism in India

• Urban Naxalism has emerged as a contentious issue in India, blending socio-political ideology with security concerns. Originating from the Maoist insurgency in rural India, particularly the Naxalite movement, Urban Naxalism represents a shift towards urban centers where sympathizers and ideologues support or facilitate Maoist activities.
• Unlike their rural counterparts engaged in armed struggle, Urban Naxals operate covertly, using intellectual and cultural platforms to propagate their ideology, recruit followers, and mobilize support.
• They often exploit democratic freedoms such as free speech and association to further their cause, posing a challenge to law enforcement agencies.
• Factors Driving Urban Naxalism:
  • Socio-Economic Disparities: Economic inequalities and marginalized communities feeling neglected by mainstream development policies can fuel discontent and sympathy towards radical ideologies.
  • Perceived Injustice: Issues like land acquisition, displacement of tribal populations, and alleged state repression in conflict zones contribute to grievances that Urban Naxals exploit.
  • Intellectual and Ideological Influence: Intellectual circles, universities, and cultural spaces provide platforms for articulating dissent and critiquing the state, sometimes aligning with or providing cover for Naxalite activities.
• Challenges:
  • National Security Concerns: Urban Naxalism is viewed by authorities as a threat to national security due to its potential to incite violence, undermine state authority, and destabilize governance.
  • Freedom of Expression vs. Sedition: The thin line between legitimate dissent and sedition is often debated, with arrests of activists and intellectuals accused of supporting Naxalism raising concerns about freedom of expression.
  • Legal and Ethical Dilemmas: Law enforcement faces challenges in balancing preventive actions with civil liberties, leading to criticism over the arbitrary use of anti-terror laws against dissenters.

PYQ

Q. Naxalism is a social, economic and development issues manifesting as a violent internal security threat. In this context, discuss the emerging issues and suggest a multilayered strategy to tackle the menace of Naxalism. (2022)

July 14 is celebrated as Bastille Day in France, marking the storming of the Bastille prison in 1789.

About Bastille Day:

• Bastille Day (also known as Le 14 juillet or Fête nationale française) commemorates the beginning of the French Revolution when revolutionaries seized the Bastille fortress in Paris.
• Antecedents: The old regime in France faced economic crises and inequality, prompting calls for reform and inspired by Enlightenment ideas of democracy and equality.
• Revolution Begins: In 1789, King Louis XVI convened the Estates-General, leading to the formation of the National Assembly by the Third Estate on June 17. Tensions escalated, culminating in the storming of the Bastille on July 14.
• Storming of the Bastille: A mob, disillusioned with monarchy and seeking arms, attacked the Bastille, a symbol of royal tyranny. After fierce fighting, the fortress fell, symbolizing the start of the French Revolution.

The Bastille's fall represented the end of feudalism and the monarchy's oppression. Annual celebrations since 1790 have marked Bastille Day, emphasizing liberty, equality, and fraternity. It symbolizes French patriotism and national identity, reflecting the motto of 'liberty, equality, and fraternity.'

The Bihar government has urged the Centre to declare Minimum Support Price (MSP) for makhana, an aquatic crop cultivated across 10 districts in the state.

About Makhana:

• Makhana (Euryale ferox) is an aquatic crop grown for its edible seeds.
• This cash crop belongs to the family Nymphaeaceae and is native to India and Southeast Asia.
• Makhana seeds develop within the flower of the plant, which grows underwater in stagnant or slow-moving water bodies like ponds, lakes, and shallow marshes.
• Climatic Conditions: Makhana cultivation requires warm temperatures for optimal growth. It thrives in regions with a tropical climate, characterized by hot summers and adequate rainfall.
• Soil Requirements: Makhana plants prefer loamy or clayey soils that are rich in organic matter.
• Nutritional Value: Makhana seeds are nutritious and low in calories. They are rich in protein, carbohydrates, fiber, calcium, potassium, magnesium, and phosphorus.
• Bihar is the leading producer of makhana in India, with about 85% of India's production originating from the state.
• Makhana cultivation is difficult and intense. 

Government's Demands:

• Minimum Support Price (MSP): Bihar seeks MSP recognition for makhana to ensure fair prices for farmers and sustainable cultivation.
• Improving ICAR-NRC for Makhana: The ICAR-National Research Centre (NRC) for Makhana in Darbhanga requires urgent attention. It currently faces challenges such as inadequate staffing (only 10 employees against a sanctioned 42) and administrative deficiencies.

The US Federal Aviation Administration (FAA) has grounded SpaceX’s Falcon 9 rocket following a recent failure (first since 2015). The incident involved the rocket's upper stage engine malfunction, which left 20 Starlink internet satellites in an unusable low orbit.

What is Falcon 9?

• Falcon 9 is a reusable rocket developed by SpaceX, powered by liquid oxygen and rocket grade kerosene (RP- 1).
• It consists of two stages:

• the reusable first stage with nine Merlin engines  
• the second stage with a single Merlin engine

• The rocket's first stage is powered by nine Merlin engines, while the second stage uses a single Merlin Vacuum engine optimized for use in the vacuum of space.
• It is capable of transporting payloads and crew to low Earth orbit and beyond. Falcon 9 is the only U.S. rocket capable of sending NASA crews to the International Space Station. 
• Payload Capacity: Falcon 9 can transport payloads weighing up to 22,800 kilograms (50,300 pounds) to low Earth orbit (LEO) and up to 8,300 kilograms (18,300 pounds) to geostationary transfer orbit (GTO).
• Versatility: It is used for a variety of missions including satellite deployment, cargo resupply to the International Space Station (ISS), and crewed missions under NASA's Commercial Crew Program.
• The workhorse rocket has launched more than 350 timessince its debut in June 2010.

The Supreme Court recently delivered a significant ruling on the portrayal of Persons with Disabilities (PwDs) in visual media, prompted by a case involving the movie 'Aankh Micholi'. Disability activists and scholars criticized the film for perpetuating stereotypes about disabilities.

Emphasis on Human Rights Model of Disability:

• Beyond Medical and Social Models: The Supreme Court emphasized the human rights model of disability, asserting that PwDs are rights holders under international human rights law.
• Inclusion and Participation: It highlighted that disability is part of human diversity, necessitating PwDs' inclusion and participation in all facets of society.
• Legal Obligations: The ruling underscores the positive obligation of governments and private entities to ensure full participation and inclusion of PwDs, aligning with the Rights of Persons with Disabilities Act, 2016.

Addressing Attitudinal Barriers:

• Recognition of Attitudinal Barriers: While not explicitly using the term, the Court discussed attitudinal barriers as societal constructs hindering PwDs' integration.
• Impact of Stereotypes: It acknowledged that stereotypes in media perpetuate discrimination and exclusion of PwDs, violating their dignity and constitutional rights.
• Constitutional Perspective: The judgment linked the perpetuation of stereotypes to constitutional violations akin to indirect discrimination, referencing similar cases involving gender stereotypes.

Legal Analysis of Cinematic Speech:

• Differentiation from Hate Speech: The Court distinguished cinematic speech from hate speech and group defamation laws, emphasizing context and impact on human dignity.
• Freedom of Expression vs Restrictions: It clarified that while creative freedom is protected under Article 19(1)(a), derogatory and stereotypical portrayals that reinforce prejudices are not.
• Guidelines for Filmmakers: The ruling provided a framework for filmmakers to ensure sensitive and respectful portrayal of PwDs, emphasizing the intention and overall message of cinematic expression.

Mains Question:

Q. Discuss the significance of the Supreme Court's recent framework for the representation of Persons with Disabilities in visual media, highlighting its implications on constitutional rights and societal attitudes towards disability inclusion.

The recent Supreme Court judgment in Mohd Abdul Samad vs The State of Telangana reaffirmed the rights of divorced Muslim women to claim maintenance under Section 125 of the CrPC, clarifying its applicability alongside the Muslim Women (Protection of Rights on Divorce) Act, 1986 (MWA).

Clarification of Legal Rights:

• Interpretation of Concurrent Provisions: The Supreme Court clarified that divorced Muslim women can claim maintenance under Section 125 of the CrPC, alongside the provisions of the MWA.
• Resolution of Ambiguity: The ruling resolved conflicting interpretations among High Courts regarding whether the MWA supersedes the CrPC in matters of maintenance for divorced Muslim women.
• Social Benefit: Upholding Section 125 ensures equitable access to maintenance for all women, regardless of religion, promoting gender justice.

Impact on Legal Precedents:

• Building on Danial Latifi Case: The judgment reinforces the principles established in the Danial Latifi case, ensuring a fair and reasonable provision beyond the iddat period.
• Constitutional Safeguards: Emphasis on Articles 14, 15, and 21 highlights the Court’s duty to protect fundamental rights through harmonious interpretation of laws.
• Preventive Measure: Section 125 is viewed not just as a remedial measure but as a preventive tool to ensure social welfare and gender equality.

Social and Constitutional Significance:

• Equality and Rights: The decision underscores the equal entitlement of all women to maintenance rights under secular law, regardless of personal laws.
• Constitutional Principles: Upholding Section 125 aligns with constitutional principles of equality and non-discrimination.
• Social Welfare Obligations: Section 125 reflects the state's responsibility to ensure social welfare and support for vulnerable sections of society, including women.

Mains Question:

Q. Discuss the significance of the recent Supreme Court judgment in Mohd Abdul Samad vs The State of Telangana concerning maintenance rights of divorced Muslim women under Section 125 of the CrPC, in the context of constitutional principles and social welfare obligations.

The number of workers in unincorporated sector enterprises in India has shown a decline, particularly in manufacturing, while marginal increases are noted in trade and other services sectors. This trend raises concerns about the role of the informal sector as an employment provider and its resilience amid economic challenges.

Decline in Unincorporated Sector Employment:

• Sector-wise Analysis: The workforce in manufacturing within unincorporated sector enterprises decreased significantly from 3.60 crore to 3.06 crore.
• Stagnation and Marginal Increases: Conversely, trade saw a slight increase from 3.87 crore to 3.90 crore workers, while "other services" also showed a minor rise from 3.65 crore to 4 crore.
• Impact of Economic Shocks: Factors such as demonetisation, GST implementation, and pandemic-induced lockdowns contributed to the contraction, affecting small-scale enterprises disproportionately.

Shift towards Formal Sector and Structural Transformation:

• Potential Formalisation: While data on formal sector expansion is lacking, any shift towards formal employment is seen as beneficial, offering higher productivity and better wages.
• Challenges of Informal Sector: Informal enterprises are often characterized by low productivity and wages, posing challenges to genuine structural transformation of the economy.
• Need for Skill Development: The informal sector's limitations highlight the necessity for skill development to match the demands of high-productivity sectors like manufacturing and services.

Redefining Agriculture's Role in Employment Generation:

• Enhancing Agricultural Productivity: There is a call for reimagining agriculture as a source of not just raw materials but also as a hub for value addition and employment generation.
• Potential Job Creation: Jobs in agriculture can expand beyond farming to include activities such as processing, packaging, and retailing, thereby boosting rural employment.
• Vision of Agriculture as Industry: Promoting agriculture as a source of processed goods can replicate the success of sectors like sugar mills and dairies in adding value and creating local employment opportunities.

Mains Question:

Q. What are the challenges and potential strategies for transforming India's employment landscape from predominantly informal and agricultural sectors towards formalisation and higher productivity, with a focus on recent trends and economic shocks impacting unincorporated sector enterprises?