Modi Raises Aspirations Of Tamils With Ranil

Why is it in news?

India expects Sri Lanka to implement the 13th Amendment and ensure a “life
of dignity and respect” for its Tamil population, Prime Minister Narendra
Modi said.

UPSC SYLLABUS RELEVANCE :

  •  Prelims: International Relations.
  •  Mains: General Studies II – India and its neighbourhood- relations.

Important concepts:

13th Amendment to the Sri Lankan Constitution

                                       Prelims PYQ Exercise-Find answer

Q. Where is Bundala Biosphere Reserve which has been recently added to the UNESCO’s Man and Biosphere (MAB) network located? (2006)
(a) Russia
(b) India
(c) Sri Lanka
(d) Bangladesh

                                         Today’s prelims practice question

Q. Consider the following statements about the 13th Amendment to the Sri Lankan Constitution:
1. The Indo-Lanka Accord of July 1987   was signed by then Prime Minister Rajiv    Gandhi and President J.R. Jayawardene.
2. The 13th amendment was passed in the year 1998.
Which among the statements mentioned above is/are correct?
A. 1 only
B. 2 only
C. Both 1 and 2
D. Neither 1 nor 2

Correct answer: A

Explanation: The 13th Amendment to the Sri Lankan Constitution is an outcome of the Indo-Lanka
Accord of July 1987, signed by then Prime Minister Rajiv Gandhi and President J.R. Jayawardene,
in an attempt to resolve Sri Lanka’s ethnic conflict that had aggravated into a full-fledged civil war,
between the armed forces and the Liberation Tigers of Tamil Eelam, which led the struggle for
Tamils’ self-determination and sought a separate state. It was passed in 1987.

Mains PYQ exercise:

  • India is an age-old friend of Sri Lanka.’ Discuss India’s role in the recent crisis in Sri Lanka in the light of the preceding statement. (2022)

Today’s mains practice question:

  • What do you know about the 13th amendment to the Sri Lankan Constitution?
  • What are the concerns regarding the 13th amendment?

                          DETAILED EXPLANATION OF IMPORTANT CONCEPTS

13th Amendment to the Sri Lankan Constitution:

  • Sri Lanka’s current Constitution, adopted in 1978, has had 21 amendments to date, but
    arguably, none as controversial as this.
  • Passed in November 1987, months after Prime Minister Rajiv Gandhi and Sri Lankan
    President J.R. Jayewardene signed the Indo-Lanka Accord, the 13th Amendment is the only
    legislative guarantee of a measure of power devolution to the island’s provinces.
  •  It provided for setting up provincial governments across the country — there are nine
    provincial councils — and made Tamil, too, an official language, and English, a link
    language.
  •  It was, in some measure, an antidote to the ‘Sinhala Only Act’ of 1956, one of the most
    discriminatory laws passed targeting the island’s Tamil minorities, after the Ceylon
    Citizenship Act of 1948 that rendered Sri Lanka’s Malaiyaha Tamils of Indian origin
    stateless.
  • It also sought to address the Tamils’ right to self-determination which, by the 1980s, had become a raging political call.
  •  With the 1983 anti-Tamil pogrom laying bare violent Sinhala majoritarianism and racism, it was hard for the world and India not to appreciate a legitimate demand.
  • However, for successive governments, devolving power to the provinces as per the 13th Amendment, including in the Tamil-majority north and east, was hardly on their ‘must do’ list.
  • Despite public promises, leaders from the Sinhala-majority south failed to implement in letter and spirit what was already in the Constitution.
  • Detractors construe the 13th Amendment as an “Indian imposition”, despite it being an outcome of a bilateral Accord signed by J. R. Jayewardene, one of the island’s most powerful Presidents.
  •  The provincial councils function, but nominally.
  •  The rule book gave provinces legislative power over agriculture, education, health, housing,local government, planning, road transport and social services.
  • But an ambiguous concurrent list and overriding clauses in the Constitution allow the Centre to remain all-powerful.
  •  The executive President still wields enormous power and the provincial Governors, representing the country’s highest office, possess similar power at the regional level. The last three decades are rife with attempts by the Centre to take back power, Tamils point out.

For More Content

TAGS:

SC Urges Centre To Transfer Cheetahs To Another location

Why is it in news?

The Supreme Court (SC) told the Union government that the deaths of 40% of the 20 cheetahs brought from South Africa and Namibia to the Kuno National Park (KNP) within a year does not present a good picture.

UPSC SYLLABUS RELEVANCE:

  • Prelims: Environmental ecology, Bio-diversity and Climate Change
  • Mains: General Studies III – Conservation, environmental pollution and degradation, environmental impact assessment.

Important: Concepts Project Cheetah

                                        Today’s prelims practice question:

Q. Consider the following statements:
1. Cheetah, bearing the scientific name Acinonyx jubatus is listed as Vulnerable under the
IUCN Red List of Threatened Species.
2. Tadoba Andhari Tiger reserve is the largest wildlife sanctuary in Madhya Pradesh.
Which among the statements mentioned above is/are correct?
A. 1 only
B. 2 only
C. Both 1 and 2
D. Neither 1 nor 2
Correct answer: A
Explanation: Cheetah, bearing the scientific name Acinonyx jubatus is listed as Vulnerable under
the IUCN Red List of Threatened Species. Nauradehi Wildlife Sanctuary covers nearly 1197 km2
area across three districts, i.e., Sagar, Damoh and Narsinghpur, of Madhya Pradesh. It is the largest
wildlife sanctuary in Madhya Pradesh.
Today’s mains practice question:

What according to you are the advantages of animal translocation? Also bring about the challenges associated with it.

                              DETAILED EXPLANATION OF IMPORTANT CONCEPTS

About Cheetah:

  • The Asiatic Cheetah (Acinonyx jubatus venaticus), the sub-species of Cheetah that is found
    in Iran.
  •  Cheetah Acinonyx jubatus has most recently been assessed for the IUCN Red List of Threatened Species in 2021.
    • Acinonyx jubatus is listed as Vulnerable.
    • The Cheetah is assessed as Vulnerable under criterion A4b based on a population size reduction of 37% (21–51%) over three generations (approximately 15 years) between 2017 and 2032 and criterion C1 based on a global population size (tentatively estimated at 6,500 mature individuals) and a projected averaged continuing decline.
    • Data from a comprehensive national assessment in Zimbabwe, the only large area that
    includes protected and unprotected landscapes with reliable population estimates from two
    points in time, indicates a decline of 85% over 15 years.

Project Cheetah:

  • Project Cheetah has been a decade in the making, but the first translocation took place only last year.
    • The project aims to reintroduce the graceful feline in India.
    • Cheetahs are the fastest land animals and can, in short sprints on open ground, reach speeds
    in excess of 100 kph.
    • Asiatic Cheetahs were once abundant in India but their numbers dwindled over the centuries
    due to loss of habitat and widespread hunting.
    • The last cheetah in the country died in 1952. Cheetahs were officially declared extinct by
    the Indian government in 1952.
    • After being reported extinct in India for seven decades, the cheetah is set to make a
    comeback through ‘Project Cheetah’.
    • The Government of India reintroduced eight African cheetahs, consisting of five females
    and three males, at the Kuno National Park in Madhya Pradesh.
  • The animals brought from Namibia and South Africa are the Southeast African cheetahs a different subspecies.
  • Since last year, Kuno National Park has received 20 cheetahs from Namibia and South Africa with the aim of establishing a free-ranging.

Origin and Approval of Project Cheetah:

  •  Project Cheetah received approval from the Supreme Court of India in January 2020 as a pilot program to reintroduce the cheetah species to the country.
  •  The initiative was first proposed in 2009 by Indian conservationists in collaboration with the Cheetah Conservation Fund (CCF), a non-profit organization headquartered in Namibia.
  • The CCF is dedicated to the preservation and rehabilitation of cheetahs in their natural habitats.

Objectives of Project Cheetah:

  •  Potential to revive India’s natural heritage and strengthen its commitment to wildlife conservation.
  • Re-establish a viable population of the Asiatic cheetah in India, which is currently considered critically endangered and on the brink of extinction.
  •  Enhance India’s global standing as a responsible custodian of endangered species.
  •  The project could attract ecotourism, generating economic opportunities for local communities and promoting environmental awareness.
  •  By reintroducing this species, the project seeks to restore the ecological balance, enhance
    biodiversity, and conserve the unique genetic heritage of the cheetah.

Potential challenges to Project Cheetah:

  •  Lack of abundant areas with abundant prey, sufficient cover, and minimal human-wildlife
    conflicts.
  • Captivity and changes in habitat induce anxiety and stress, hindering reproduction.
  • Non-availability of suitable Habitats for the cheetah’s re-introduction i.e., to match with theSavannah landscape of Africa.
  • Anthropogenic threats like snaring for bush meat and retaliatory killings pose risks to the cheetahs.
  • Non-availability of a safe environment, free from poaching and habitat destruction is essential for the cheetah’s long-term survival.
  • Maintaining cheetahs and their prey base in an enclosure is considered impossible due to fencing issues.
  •  Genetic diversity in the Asiatic cheetah population is severely fragmented, with a limited gene pool.
  • Maintaining genetic diversity during the reintroduction process is vital to avoid inbreeding depression and preserve the species’ long-term viability.
  •  The climate, prey species, and overall conditions in Kuno forest may not stimulate mating and reproduction.
  •  Concerns are raised about the prolonged captivity of cheetahs before translocation, which may have increased stress and vulnerability.
  • Poor adaptive management strategies, community participation and lack of effective monitoring to mitigate potential conflicts between humans and cheetahs.

Conclusion:

  •  Overall, Project Cheetah holds immense importance in terms of wildlife conservation and
    biodiversity management in India.
  •  Its successful implementation requires eliminating the challenges and can contribute to restoring keystone species, ecosystem balance, and preserving India’s natural heritage.
  • Its efforts are crucial for the long-term survival of this magnificent species and the overall
    health of ecosystems.
  •  The relocation program is considered an experiment, and every death and birth should not
    be seen as a definitive success or failure.
  • However, clear criteria and timelines must be established for project managers to determine if adjustments are necessary.

 

For More Content

TAGS:

SC Agrees To list Please To Criminalize Marital Rape Before 3-Judge Bench

  • Why is it in news?

Chief Justice of India D.Y. Chandrachud agreed to list early a series of
petitions seeking the criminalisation of marital rape.

UPSC SYLLABUS RELEVANCE:

  • Prelims: Polity and Governance
  • Mains: General Studies II – Structure, organization and functioning of the Executive and the Judiciary.

Important concepts :Criminalization of marital rape

                                           Today’s prelims practice question:

Q. Consider the following statements:
1. The marital rape exception was included in IPC in the post-independence period.
2. The Doctrine of Coverture recognizes the individual legal identity of a woman after marriage.
Which among the statements mentioned above is/are correct?
A. 1 only
B. 2 only
C. Both 1 and 2
D. Neither 1 nor 2
Correct answer: D
Explanation: The IPC was implemented in India during British colonial rule in 1860. Under the first version of the rules, the marital rape exception was applicable to women over 10 years of age which was raised to 15 in 1940. According to the Doctrine of Coverture, a woman has no individual legal identity after marriage. Notably, the Doctrine of Coverture found a mention during the hearing when the Supreme Court of India struck down adultery as a criminal offence in 2018.

Mains PYQ exercise:

We are witnessing increasing instances of sexual violence against women in
the country. Despite existing legal provisions against it, the number of such
incidences is on the rise. Suggest some innovative measures to tackle this menace. (150 Words) (10 M) (2014)

Today’s mains practice question:

Do you think marital rape must be criminalized? Discuss your views.

                           DETAILED EXPLANATION OF IMPORTANT CONCEPTS

Section 375 of the Indian Penal Code (IPC):

  •  Section 375 of the IPC defines the acts that constitute rape by a man.
  •  The provision, however, lays down two exceptions as well.
  • Apart from decriminalising marital rape, it mentions that medical procedures or interventions shall not constitute rape.
  •  Exception 2 of Section 375 of the Indian Penal Code states that “sexual intercourse by a man with his wife, and if the wife not being under fifteen years of age, is not rape”.
  •  In October 2017, the Supreme Court of India increased the age to 18 years.

Doctrine of Coverture:

  • According to the Doctrine of Coverture, a woman has no individual legal identity after
    marriage.
  •  Notably, the Doctrine of Coverture found a mention during the hearing when the Supreme
    Court of India struck down adultery as a criminal offence in 2018.
  • It was held that Section 497, that classified adultery as a crime, is based on the Doctrine of Coverture.
  • This doctrine, although not recognised by the Constitution, holds that a woman loses her
    identity and legal rights with marriage, is violative of her fundamental rights.

Domestic Violence Act, 2005:

  • It hints at marital rape by any form of sexual abuse in a live-in or marriage relationship.
  • However, it only provides for civil remedies.
  •  There is no way for marital rape victims in India to initiate criminal proceedings against their perpetrator.

Justice JS Verma Committee:

  •  In 2012, the Justice JS Verma Committee was tasked with proposing amendments to India’s rape laws.
  •  While some of it recommendations helped shape the Criminal Law (Amendment) Act passed in 2013, some suggestions, including that on marital rape, were not acted on.

Recent developments:

  • Exception Two to Section 375 of the Indian Penal Code (IPC) decriminalises marital rape
    and holds that sexual intercourse by a man with his own wife, who is not under 18 years of age, without her consent is not rape.
  •  “A man is a man; an act is an act; rape is a rape, be it performed by a man the ‘husband’ on the woman ‘wife’,” the Karnataka High Court had observed in its decision, saying an accused should be brought to trial regardless of the immunity in the penal code.
  •  A Division Bench of the Delhi High Court had, however, in May 2022, delivered a split  verdict in a separate case on the identical issue.
  •  Justice Rajiv Shakdher, who headed the two-judge Bench, had struck down as unconstitutional the Exception Two to Section 375 of the Indian Penal Code (IPC).

 

For More Content

TAGS: