The Prayas ePathshala

Exams आसान है !

22 August 2024

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MAINS DAILY QUESTIONS & MODEL ANSWERS

Q1. Critically analyze the impact of the Supreme Court’s recent judgment on the maintenance rights of divorced Muslim women on the principles of secularism and gender justice in India.

GS II  Judiciary related issues

Introduction:

  • The Supreme Court of India’s recent judgment in Mohd Abdul Samad v. the State of Telangana (2024) reaffirmed the application of Section 125 of the Code of Criminal Procedure (CrPC) to divorced Muslim women. This decision has significant implications for the principles of secularism and gender justice in India. The Court’s ruling comes against the backdrop of the long-standing debate on the rights of Muslim women under personal law versus secular law.

Body:

Principles of Secularism:

  • The Indian Constitution envisions a secular state where all religions are treated equally before the law. By reaffirming the applicability of Section 125 CrPC, the Supreme Court emphasized the uniformity of secular laws in matters of maintenance, regardless of religious affiliation. This ruling ensures that Muslim women are entitled to the same legal protections as women from other religions, thereby reinforcing the secular fabric of the nation.

Uniform Civil Code (UCC) Debate:

  • The judgment adds to the discourse on the UCC, which seeks to replace personal laws based on religious scriptures with a common set of laws governing every citizen. While the UCC remains a contentious issue, this ruling highlights the judiciary’s role in ensuring that secular laws like Section 125 CrPC are upheld across all communities.

Principles of Gender Justice:

  • The Supreme Court’s decision is a significant step toward gender justice, affirming the right of divorced Muslim women to claim maintenance under a secular legal framework. Historically, the application of personal laws has often resulted in unequal treatment of women.

Shah Bano Case (1985):

  • The Court’s reference to the Shah Bano case underscores its commitment to protecting the rights of Muslim women. In the Shah Bano case, the Court had ruled in favor of providing maintenance to a divorced Muslim woman under Section 125 CrPC, which led to the enactment of the Muslim Women (Protection of Rights on Divorce) Act, 1986. This Act limited the period of maintenance to the iddat period, leading to further debates on gender justice.

Recent Judicial Interpretations:

  • Subsequent interpretations, including the Danial Latifi & Another vs. Union of India case, have extended the right to maintenance beyond the iddat period, affirming the necessity of adequate financial provision until the woman remarries. The recent judgment reinforces these principles and ensures continued judicial protection for divorced Muslim women.

Challenges and Criticisms:

  • While the judgment has been widely welcomed, it has also faced criticism from conservative sections within the Muslim community who view it as an interference in religious matters. Balancing personal law with secular principles remains a complex challenge in a pluralistic society like India.

Community Reactions:

  • The ruling may face resistance from those who advocate for personal law autonomy. Efforts to reconcile religious beliefs with constitutional principles of equality and justice are essential to address these concerns.

Implementation and Awareness:

  • Ensuring effective implementation of this judgment and raising awareness among Muslim women about their rights under secular laws are crucial for achieving its intended impact.

Conclusion:

  • The Supreme Court’s reaffirmation of the applicability of Section 125 CrPC to divorced Muslim women is a landmark step in advancing secularism and gender justice in India. It underscores the judiciary’s role in protecting the rights of all citizens, regardless of religious affiliation, and highlights the ongoing need for legal and social reforms to achieve true gender equality. The judgment is a reminder that the principles of secularism and gender justice are foundational to India’s democratic ethos and must be upheld to ensure the dignity and rights of all individuals.

Q2. Discuss the significance of the 22nd India-Russia Annual Summit in strengthening bilateral relations between India and Russia. Highlight the key agreements made during the summit and their potential impact on economic, defense, and strategic cooperation between the two countries.

GS II  International Relations

Introduction:

  • The 22nd India-Russia Annual Summit, marks a significant step in enhancing bilateral relations between the two nations. The summit, attended by Prime Minister Narendra Modi and President Vladimir Putin, focused on various aspects of cooperation, including economic, defense, and strategic domains. The summit resulted in several key agreements and reaffirmed the long-standing partnership between India and Russia.

Significance of the Summit:

Strengthening Economic Ties:

  • The summit set an ambitious target to increase bilateral trade to USD 100 billion by 2030. This agreement underscores the commitment of both countries to enhance economic cooperation and explore new avenues for trade and investment.

Defense and Strategic Cooperation:

  • India and Russia signed a number of defense agreements, including a contract for the joint production of AK-203 rifles in India. This aligns with India’s “Make in India” initiative and strengthens its defense manufacturing capabilities. Additionally, the summit included discussions on furthering cooperation in space, nuclear energy, and cybersecurity.

Energy Cooperation:

  • Energy remains a crucial area of collaboration, with India seeking to diversify its energy sources. The summit reinforced commitments in the field of oil and gas, including long-term contracts and joint ventures in energy projects.

Regional and Global Significance:

  • The summit also highlighted the importance of India-Russia cooperation in addressing regional and global challenges. Both countries emphasized their commitment to a multipolar world and agreed to work together in forums like BRICS, SCO, and the United Nations.

Key Agreements and Their Impact:

Economic Cooperation:

  • Programme-2030: A comprehensive roadmap for economic cooperation that aims to enhance trade, investment, and technological collaboration.
  • Investment Promotion: Initiatives to encourage mutual investments, especially in sectors like infrastructure, manufacturing, and digital technologies.

Defense Collaboration:

  • AK-203 Rifles: Joint production agreement enhancing India’s defense capabilities and promoting indigenization.
  • Military-Technical Cooperation: Extension of the military-technical cooperation agreement until 2031, ensuring continued collaboration in defense technologies and systems.

Energy Sector:

  • Long-term Contracts: Agreements to secure India’s energy needs through long-term contracts for oil and gas supplies.
  • Joint Ventures: Collaboration on energy projects, including the development of oil fields and LNG terminals.

Strategic Partnership:

  • Space Cooperation: Agreements to collaborate on space exploration and satellite technologies, enhancing India’s space capabilities.
  • Cybersecurity: Joint efforts to address cybersecurity threats and promote safe and secure cyberspace.

Conclusion:

  • The 22nd India-Russia Annual Summit has significantly bolstered the bilateral relationship between the two nations. The agreements made during the summit have the potential to enhance economic, defense, and strategic cooperation, contributing to regional stability and global peace. The renewed commitments and new initiatives underscore the enduring partnership between India and Russia, reflecting their shared interests and common goals in the evolving global order.

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