What is Surrogate reproduction?

Husband has healthy sperms and Wife has healthy eggs

but Wife cannot carry a baby to its full term. For example, Aamir Khans wife
Kiran Rao suffered a miscarriage earlier and had uterine medical problems so the
couple opted for surrogacy.
In surrogacy: Wifes egg is fertilized with husbands sperm through in-vitro
fertilization (IVF) and an embryo is created. (In Vitro=outside body. Invivo=inside body.)
This embryo is implanted in the womb of a surrogate mother, she will carry It
for nine months and deliver the baby.
Baby thus produced, will have genetic make-up of the husband and wife (and not
that of surrogate mother.)
The cost for a surrogate and the entire procedure in India is one-third that in
North America or Europe, which makes India the favourite destination of the
reproductive tourist industry.
Besides, Surrogacy is banned in France, Germany, Italy, Spain, Japan and
Switzerland.
Commercial surrogacy is banned in New York and several other states in America,
the UK, Canada, South Africa and Australia. These countries allow what is called
altruistic surrogacy. (i.e. cannot be done for money)
What is the problem in Surrogacy?

Indian surrogate mothers are mainly from poor backgrounds or driven by

circumstances, including unemployment, domestic distress, etc,
They offer their wombs on commercial terms.
Once the baby is born and delivered, the surrogate mother is forgotten, the
implications on her health and mind are of no concern.
It is not the health and well-being of the surrogate, but the safe delivery of the
baby that is of prime concern.
Recently, a surrogate mother in Ahmedabad died because of medical
complication.
At present, in India, there is no separate law to regulate the Egg donation and
surrogacy clinics. There are regulated by Indian Council of Medical Research
(ICMR) guidelines. There is no centralized database of surrogate clinics or
surrogate mothers.
Problems may arise if something goes wrong, for example baby is born with some
defects and the biological parents refuse to accept him/her, then Who is legally
required to keep the child? Who is the mother? Who is the father? What rights
does each possess, including future property disputes? There must a law to
clearly provide the answers.
What is Assisted Reproductive Technology (Regulation) Bill, 2010?

This bill aims to cover the assisted reproduction clinics, gamete banks and
surrogacy.
It details the rights and duties of all the parties involved in surrogacy and other
assisted reproductive technologies.
It provides for advisory and regulatory bodies at central and state levels.
Regulators will be able to receive and evaluate complaints and pass them on to a
magistrate for trial, if necessary.
But it is still a bill and not a law.
Arguments for Essay/ Group discussion (GD)
Anti-Surrogacy

1. Because of (relatively) cheap Surrogacy in India, less orphans are getting

adopted by well to do families abroad.
2. Isn't it self-indulgent to demand a "copy" of oneself, when so many orphans
stand in need of loving homes?
3. The physical stress, risks, emotional and physical trauma to the surrogate
mother, and then the abrupt separation from the baby carried in the womb for
nine months are immaterial.
4. (pro) Surrogate mother is asserting her independent agency to make choices to
better her life and those of her family. (anti) But what does choice mean when
she did not choose to be poor, she did not choose to be unemployed, she did not
choose to live in a country where children die of starvation?
5. It is inhumane to use a womans social and economic vulnerability to
commercially exploit her womb as a commodity to make handsome profits.
6. The use of surrogacy, especially the wide use, might lead to a cheapening of our
idea of what it is to be a person, to a decline in self-respect. It might cause future
generations, for example, to think of the human embryo or fetus as
interchangeable parts, reproduction as a mechanical process, wombs as organs
for rent, etc. The implication is that thinking of ourselves in this fashion would
bring serious negative consequences the designer baby syndrome for
example, pick DNA of Sachin for Stamina, DNA of Bacchan for Height, Hrithik
Roshan for white skin and thus assemble an embryo like assembling a mobile
phone or computer.
Pro-Surrogacy Arguments
1. Surrogate mother is asserting her independent agency to make choices to better
her life and those of her family
2. The argument given that less orphans are getting adopted- well there is no
reason why the infertile couple should have a special duty to adopt needy
children; those with their "own" could also adopt others If their financial situation
permits.
3. If Government makes a law to ban surrogacy in India, then market will go
underground and the surrogate mothers would be exploited even further, because
they cannot approach the law enforcement agencies. So, surrogacy should not be
banned, it should be regulated.
What is Bodoland Territorial Council ?

2003: Bodo militants lay down the arms and want to join mainstream. They sign
agreement with Government, known as Bodo Accord.
A Bodoland Territorial Council (BTC) was established under this Bodo Accord.
And Bodoland Territorial Areas District (BTAD) was created under the sixth
schedule of the Constitution of India, as part of this accord to look after the
Administrative and Development needs of these Bodo dominated areas.
Bodoland Territorial Areas District (BTAD) covers 4 districts of Assam:

1.
2.
3.
4.

Kokrajhar,
Baksa,
Chirang and
Udalguri. (Total 35% area of Assam.)

Timeline of Events

Bodos started demanding autonomy, varying from separate statehood

to outright sovereign status.

militant Bodo movement peaked during this period

1960s
1980s
and 90s

largescale killings and human displacement.

the signing of the Bodo Territorial Council (BTC) Accord between

Militant Bodo Liberation Tigers (BLT) led by leadership of Hagrama
Mohilary on one side .
And Centre and the state government on the other side.
Under this accord, Bodo Liberation Tigers surrerended their weapons,
and Hagrama was made the Chief Executive Member (CEM) of the
Bodo Territorial council. (BTC)

2003

How did the Kokrajhar riots start?

Kokrajhar is a city in assam. [Name of its district is also Kokrajhar].

It is the seat of administration of the Bodo Territorial Council.
Since past few months, The minority student unions and non-Bodo tribes began
pressing their demand for greater representation in the Bodoland Territorial
Council (BTC).
On July 6, two Muslim youths were shot at and the suspicion fell on the Bodos.
Nearly a fortnight later a former cadre of the Bodoland Liberation Tigers (BLT),
and three of his friends were killed, which triggered full-scale rioting and
displacement of thousands.
Delay in Army Deployment: Bureaucratic Red Tape at its worst

Section 130 of the Criminal Procedure Code (CrPC) empowers an executive

magistrate [e.g. District collector, Deputy Collector, SDM] to seek army troops to
contain riots.
But the request for army deployment to tackle riots has to be routed through the
Defence Ministry.
The Kokrajhar district administration had requested for army deployment on
July 20 and the army was deployed only on July 25 because the local army
commanders did not accept the requests saying they need an order from the
Ministry of Defence, after which Assam Chief Secretary had to approach
Defence Secretary.
Otherwise, Army troops could have reached the trouble spots within three to four
hours as two major army stations, including a full Mountain Division, are located
within a distance of 150 kms from Kokrajhar.
Assam Chief Minister Tarun Gogoi had said that the army presence from day one
would have prevented the unprecedented crisis and loss of so many lives.
At least 57 people were killed in the violence which rendered 5.02 lakh people
homeless during the week-long mayhem.
Now, the Home Ministry has asked the Defence Ministry to amend its Standard
Operating Procedure (SOP) so that the army can be deployed the moment such a
request comes from the civil administration.
Why resentment?

Bodos

Non Bodos

The Bodos, constitute the largest tribal community out of a total of

34 tribal communities in Assam.
They feel they have been neglected, exploited and discriminated
against for decades, look at this accord as a historic opportunity to
fulfil their longstanding demands
But due to the changing demographics of the BTAD and the
consequent land alienation, they fear they may become a minority
in their own state and in hitherto Bodo-dominated areas.
They resents the fact that Bodos constitute a meagre 25 per cent

and Muslims

of the total population in the BTC area and believe that

Bodos should not be given the right to rule over the other threefourths.
number of villages with minority Bodo population were included in
the BTAD to make it a contiguous area.
The non-Bodos want such villages to be taken out of BTAD so that
they do not feel insecure where they are clearly in the majority.

Whats the problem in Bodo Accord?

The Bodo Accord, seeks to protect the land rights of the indigenous Bodos while
allowing settler Muslims (both legal and illegal) to freely acquire land at the same
time.
The Bangladeshi migrants easily sneak in the area, illegally procure relevant
documents like ration cards to establish Indian nationality.
Taking advantage of the provisions in the BTC Act, such migrants are freely
procuring land in the BTAD, which only adds to the woes of indigenous Bodos.
Both sides are demanding the review / revocation of BTC act because on one
hand, Bodos feel their rights are not protected and on the other hand, Non-bodos
feel that Bodos are getting way too many benefits.
What is the solution?

Clashes between Bodos and Non-Bodos are nothing new in the Kokrajhar area.
Earlier 1993, 1994, 1996 and as recently as 2008, there have been large scale clashes.
Each of them, because of following three reasons:
1. Population pressures
2. land rights
3. illegal migration and occupation

Unless and until Governments (both union and state), take proactive actions on
those three problems, such incidents might keep recurring.
Some measures: National Population Register, Adhar / similar biometric cards.
What is Gorkha Territorial Administration (GTA)?

a semi-autonomous administrative body for the Darjeeling hills in West Bengal,

India.
GTA will have administrative, executive and financial powers but no legislative
powers. [important fact for CSAT]
Timeline of Events

1980s

Subhah Ghising, chief of the Gorkha National Liberation Front (GNLF), started a
movement, demanding a separate state for the Gorkhas living in Darjeeling.

1988

Darjeeling Gorkha Hill Council (DGHC) was setup.

1988 to
2005

Subhas Ghising remained its chairman for three successive terms.

2005

The fourth DGHC elections were due in 2005 but the government decided not to
hold elections and instead made Ghising the sole caretaker administrator of the
DGHC.

2007

Bimal Gurung, a close aide of Ghising, broke away and formed a new political party
called the Gorkha Janmukti Morcha (GJM).

Mar-08

Ghising was forced to resign as caretaker of the DGHC.

2011

Mamata Banerjee became CM of Bengal. The GJM signed a tripartite agreement

with her government and the Central government in July 2011, for the formation of
the Gorkha Territorial Administration (GTA) in the Darjeeling hills.

Jul2012

Elections to the GTA were held and the Gorkha Janmukti Morcha won unopposed.

Difference between DGHC vs GTA?

Darjeeling Gorkha Hill Council (DGHC)

Gorkha Territorial Administration (GTA)

The DGHC had 28 seats.

GTA has 45 seats and five nominated

members.

DGHC started with 19 departments in

1988

GTA will start with 54 departments along

with 14 executive members.

Power in the DGHC was centralised and

rested with Subhas Ghising who was the
chief of the DGHC.

power has been decentralised and there will

be a chairman and chief executive who will
run the GTA along with other executive
members.

DGHC did not have the power to prepare

the budget for its departments. It would
receive funds as part of the state
governments budget.

GTA can have its own budget and can

allocate funds to various departments.

DGHC was given an annual grant of Rs 22

crore by the Central government

GTA will receive a grant of Rs 200 crore

every year for the next three years.

DGHC did not have the power to create

posts of Group C and Group D and it
could not generate employment.

GTA will have the power to create Group D

staff.

DGHC did not have the power to amend

any rule.

GTA has the power to prepare its regulations

and send them to the state government as
recommendation.

What is the inter-linking river project?

It aims to Transfer water from surplus to water deficit areas in the country.
Inter-Linking River Program will help saving the people living in drought-prone
zones from hunger and people living in flood-prone areas from the destruction
caused by floods.
History

During the British raj, an Engineer Sir Arthur Cotton had sought to link the
Ganga and the Cauvery to improve connectivity for navigation purposes
but due to the increased railway connectivity among the areas, the idea was
shelved.
In 1982, the National Water Development Agency (NWDA) was formed as an
autonomous body entrusted with the task to carry out the water balance and
feasibility studies of the river linking program.
In Feb 2012, Supreme Court, gave its go-ahead to the interlinking of rivers and
asked the government to ensure that the project is implemented expeditiously.
States : Favour and Oppose

State

Reason

In Favour =Tamil
Nadu.
Assam, Sikkim and
Kerala oppose the
idea

no major river originates in the state; it is dependent on

inter-state rivers.

they want exclusive right to use their water resources

and that such transfers should not affect any rights of
these states.

Due to reluctance of certain states, the Centre has not been allowed to undertake
detailed surveys.

Whatre the benefits?

Irrigating 35 million hectares;

Enabling full use of existing irrigation projects;
Generating power to the tune of 34,000 mw with added benefits, including flood
control.
What is the cost?

Cost of the project was estimated at 5,60,000 crore;

the true cost can known only when the detailed project reports of the 30 river link
projects are drawn up
So far only Ken-Betwa project is under survey.
Ken-Betwa river link

It is the only project for which the detailed project report has been prepared,
In 2005, MoU was signed between Union Water ministry, CMs of MP and UP.
Approximately 8,650 ha of forestland in Madhya Pradesh is likely to be
submerged for the project; and part of that forestland is a part of the Panna
National Park
Constitutional Provisions: Water

Subject water is placed in the Constitution in Entry 17 of List II (State List) of

Schedule VII.
However, the caveat is Entry 56 of List I (Union List), which says, Regulations
and development of inter-state rivers and river valleys to the extent to which
such regulation and development under the control of the Union is declared by
Parliament by law to be expedient in the public interest.
What is the problem?

Unfortunately, the Centre has made little use of the powers vested in it vide Entry
56 of List I.
The result is that by virtue of Article 246 read with Entry 17, List II, states have
exclusive jurisdiction over waters that are located within their territories,
including inter-state rivers and river valleys.
It is arguably this status of water in the Constitution that constrains the highest
in the executive and the judiciary, despite their pronouncements on and
commitment to resolving the problem.
It has also stopped the Centre from establishing allocation rules and clearly
defined water rights among states that have unending disputes over the sharing
of inter-state water resources.
The latest example is the second Krishna Water Disputes Tribunal, which has
turned into a warzone, with a battery of lawyers, technical staff and irrigation
department officials from Maharashtra, Karnataka and Andhra Pradesh fighting to
win the maximum allocation of the Krishna river for their respective state.
What is CLNNUIW)?

Convention on the Law of the Non-Navigational Uses of International

Watercourses : it is
a document adopted by the UN on May 21, 1997, pertaining to the use and
conservation of all waters that cross international boundaries, including surface
and ground water.
Unfortunately, the convention is not yet ratified.
Alongside the US, China, Canada and Australia, India is among the major
opponents of the CLNNUIW.

Indo China Water Disputes?

China has several projects in west-central Tibet that may reduce the river water
flow into India+Bangladesh.
There are reports that China is planning to divert 200 billion cubic metres (BCM)
of the Brahmaputra from south to north to feed the Yellow River.
If this is true, India will face a severe crisis once the Chinese projects are
completed.
Many of the hydel projects in the Northeast India may have to be shelved.
Of the 1,900 BCM of river runoff available in the country, about 600 BCM is
generated in the Brahmaputra, one can imagine what would happen if the bulk of
this is diverted by China.
World Bank report on Indias Water Policy

It says:

India is faced with poor water supply services, farmers and urban dwellers alike
have resorted to helping themselves by pumping out ground water through tubewells.
it has led to rapidly declining water tables and critically depleted aquifers, and is
no longer sustainable (at many places).
government actions including the provision of highly subsidised or even free
power have exacerbated rather than addressed the problem
India is getting seriously water-stressed; and we need to act fast. Water has to
be treated not as a local resource, but a global resource.
Whats the solution?

We need to see if a change in its constitutional status is required

We also need to enhance our water-storage capacity, as we suffer the most from
the vagaries of the monsoon.
river-linking project, alongside a chain of water-conservation projects, would offer
a solution.
Right to bear arms [weapons] (in India)

1931, in Karachi, the Indian National Congress passed the resolution on

Fundamental Rights, among them, was the right to bear arms. It said Every
citizen has the right to keep and bear arms in accordance with regulations and
reservations made in that behalf.
But, Due to the circumstances under which India gained independence and the
prevailing volatile conditions (rioting after partition), it was decided not to include
the right to keep and bear arms as a fundamental right but to instead recognize it
as a legal right of every citizen, but a citizen's right all the same.

Justice Katju (present chairman of Press Council of India) had written following, in a
judgement
Arms before the British Era

Before the British came to India the situation in our country was that in almost
every house there were some arms. Possession of arms was regarded as a sign of
dignity and self-respect. Even today in our country in many communities on
Dussehra day arms are worshipped, which is symbolic of the respect given to
arms in earlier times.
The Mahabharat, which is the longest and greatest of the epics of the whole
world, is full of the use of arms. Thus, Arjun goes to Divya-Lok to get arms from
the gods (which he subsequently used in the Mahabharat War). Thus, in our

culture the value of arms for leading a life of self-respect and dignity has been
accepted.
Arms during British Raj

When the British came to India they had to face armed resistance from the feudal
kings. Due to their technological and organizational superiority they gradually
overcome this resistance and spread their rule in India. It was only after putting
down the Mutiny of 1857 that the British decided to disarm the Indian people.
Having been shocked by the sudden, widespread uprising against them they
decided that to avoid such revolts in future they must (1) disarm the Indian
people (2) divide the Indian people. This policy was implemented so effectively
that upto 1947 there was hardly any significant militant uprising against them.
first comprehensive arms Legislation in India was Act 28 of 1857
This Act was a temporary measure and it only regulated the import, manufacture,
sale, possession and use of arms for two years.
It was passed when the Mutiny was still going on and it was a hurriedly drafted
law with the obvious aim of seeking to put down the revolt.
The Indian Arms Act, 1878, was intended to disarm the entire nation. Even after
independence, the law declaring 'swords daggers, spears, spear-heads, bow and
arrows' as 'arms' has been allowed to continue unaltered on the statute book.
Why is right to bear arms Necessary?

The rigours of the Arms Act and Rules thereunder continue to make it difficult for
law abiding citizens to possess firearms for self-defence whereas terrorists,
dacoit-gangs and other anti-social or anti-national elements are using not only
civilian weapons but also bombs, handgrenades, Bren-guns, Sten-guns, 303 bore
service rifles and revolvers of military type, for perpetrating heinous crimes
against society and the State!
The position in our country today is that unfortunately the law and order
enforcing authorities are not providing adequate protection to the citizens.
The result is that the decent, respectable and law abiding citizens are defenceless
if a gangster or criminal enters their house with a weapon, or accosts them
elsewhere.
If such criminal enters one's house with a weapon he can loot the entire property
there, dishonour the women and do as he pleases because an unarmed person
cannot be reasonably expected to put up resistance against a person carrying a
gun or revolver.
If, on the other hand, a person has a revolver or pistol with him he can put up
resistance against such criminals.
Mafia type gangs have established a reign of terror in many cities and violence,
kidnapping and extortion are rampant. Some parts of the country are terrorist
infested and even in other parts hoodlums with country made weapons are on the
rampage! Peaceful and law abiding citizens are often afraid to stir out of their
houses after dark or to go to certain places.
When we interpret an Act we must take into consideration the existing social
conditions and we cannot interpret it in a hyper-technical or highly abstract
manner which has no connection with the existing social reality.
Article 21

Article 21 states "No person shall be deprived of his life or personal liberty except
according to procedure established by law".
In my opinion the right to bear arms is embedded in Article 21 of the Constitution
and hence it is a fundamental right.
No doubt this right, like all fundamental rights, is subject to reasonable
restrictions, but the reasonability of the restriction must be judged from the point

of view of the prevailing social conditions and not in the abstract Hence what may
have been reasonable earlier may no longer be reasonable today.
Rights inferred from Article 21

Maneka Gandhi v. Union of India and in a series of subsequent decisions the

Supreme Court has spectacularly widened the scope of Article 21 (and also Article
14) and it is now settled that

1. Though Article 21 is couched in negative language, it confers positive rights to life

and liberty
2. The word 'life' in Article 21 means a life of dignity as a civilised human being and
not just animal survival
3. procedure for depriving a person of his life or liberty must be reasonable, fair and
just
Thus Article 21 includes within its scope:
1. The
2. The
3. The
4. The
5. The
6. The
7. The
8. The
9. The
10. The
11. The
12. The

right
right
right
right
right
right
right
right
right
right
right
right

to free education upto the age of 14 years

to livelihood
to speedy trial
to bail without economic restrictions
to free legal aid to the poor
to human treatment in prison
not to be handcuffed, fettered, or put in solitary confinement
to live with dignity
against custodial violence
to shelter
against unauthorised intrusion into the home
of effective appeal
Why India should make a liberal gun law?

In the U. S. Constitution there is a specific provision stating that citizens have the
right to bear arms.
There is no similar specific provision in the Indian Constitution.
In these day when law and order has broken down it is only an armed man who
can lead a life of dignity and self-respect. No criminal or gangster can dare to
assault or threaten such a person for fear of retaliation. Since the word 'Life' in
Article 21 has been held by the Supreme Court to mean a life of dignity (as
discussed above), the right to carry non-prohibited fire-arms must be deemed to
be included in Article 21.
Licensed weapons will not increase crime

In my opinion liberal grant of arms licences will reduce crimes and not increase
them (as some people imagine). The criminal will be afraid to at lack law abiding
citizens if the latter are armed.
In this connection, I may mention that in the second World War when Germany
was about to attack Britain, the British Prime Minister Winston Churchill in one of
his famous speeches said to the British people "Arm yourselves and be the
men of valour".
In other words, Churchill recognized the reality that an unarmed person cannot
reasonably be expected to be valourous when confronted with an armed
criminal!
Some people apprehend that if there is liberal grant of armed licences arms will
be passed on by the licensees to dacoits and other anti-social elements.

This again is an unfounded apprehension. The criminal already have firearms

today (whether licensed or unlicensed). It is the decent, law abiding people who
need arms to protect themselves.
I am taking is a practical view for another reasons. If a person wishes to commit
a crime with a weapon he will ordinarily use an unlicensed weapon.
This is because when shots are fired the chances are that the spent cartridge (or
cartridges) will fall on the ground and this can be recovered by the police and by
nothing the markings on the spent cartridge the particular weapon from which the
bullet was fired can be traced out
Hence when a person wishes to commit a crime he will in all likelihood use an
unlicensed weapon because there are less chances of this being detected and
apprehended.

Please note: These are not my views, I have merely copy pasted Justice Katjus
judgement.
Now coming to the
Anti-Arguments: USA gun laws
From Indian Express article
The Second Amendment of the US Constitution states, simply:
A well regulated militia, being necessary to the security of a free state, the right of the
people to keep and bear arms, shall not be infringed.

This is a terrible sentence. The best English teachers have not been able to parse
it, and the US Supreme Court has not been able to clarify it. In the US, some
people argue that the Second Amendment means that all people are allowed to
carry all types of weapons at all times.
They argue that people in rural areas should be allowed to use guns to hunt
game.
In the US, hunting game is a long and historic tradition. Many families teach their
sons, and increasingly their daughters, to kill game with a clean shot, during the
state-proscribed hunting season, and then to prepare the carcass as food.
In the inner cities of America, guns are not used for food; they are used to kill
people.
The Colorado massacre (2012) in which, during a midnight screening of the film
The Dark Knight Rises A gunman, dressed in body armor, set off tear gas
grenades and shot into the audience with multiple firearms, killing 12 people and
injuring 58 others.
It highlights the culture of the US in a very simple way. Individuals sometimes do
odd things (like mass slaughter), but that is simply the cost of freedom.
US culture is deeply obsessed with making guns available to all, while making
sure that very few have access to mental healthcare.
And already I am beginning to hear the new narrative: if everyone had been
armed, there wouldnt have been such a tragedy; a good guy would have
shot the bad guy, problem solved. So, we wait, until the next inexplicable
mass tragedy.
But in the US, guns are political weapons. President Barack Obama offered words
of comfort to the nation last week for the Colorado Massacre, but without raising
the sticky issue of gun control. Reason? Heavy lobbying and Political funding by
National Rifle Association, makes it difficult for any politician of US, to pass strict
gun laws.

Constitutional Provisions / Safeguards for Scheduled Tribes, can be divided into two
parts
1. Protective
2. Developmental.

( you read the following provisions and classify them into above segments by yourself)
Article 15(4): Promotion of Social, Economic and Educational interests

This article empowers "the state to make any special provision for the
advancement of socially and educationally backward classes of citizens or for
the Scheduled Castes and Scheduled Tribes".
This clause has been especially incorporated to prevent any special provision
made by a state for the advancement of socially or educationally backward
classes of citizens from being challenged in the law courts on the ground of
discrimination.

Article 19(5): Safeguard of Tribal Interests

While the rights of free movement and residence throughout the territory of
India and of acquisition and disposition of property are guaranteed to every
citizen, special restrictions may be imposed by "the state for the protection of
the interests of any Scheduled Tribe ".
(For example state may impose restrictions on owning property by non tribals
in tribal areas.)

Article 23: Human Trafficking

'Traffic in human beings, begar and other similar forms of forced labour are prohibited".
This is a very significant provision so far as Scheduled Tribes are concerned.
Article 29: Cultural and Educational Rights
According to this article a cultural or linguistic minority has right to conserve its language
or culture. 'The state shall not impose upon it any culture other than the community's
own culture."
Article 164

It provides for a Minister-in-charge of tribal welfare in the states of MP,

Chattisgarh,Orissa and Jharkhand.*
These states have substantial tribal population and special provision of a Minister
looking after tribal welfare is an evidence of the concern of the framers of the
constitution for safeguarding the interests of Scheduled Tribes.

*Correction by our good friend Syed Waseem Pasha

Earlier it was mp, orissa amd bihar (MOB) but the new list is mp, chattisgarh(after
2000), orissa & jharkhand(after 2000) bihar removed
Articles 330, 332 and 334

According to these articles seats shall be reserved for Scheduled Castes and
Scheduled Tribes in legislative bodies. There are provisions for reservations of
seats in the parliament as well as legislative Assembly of every state (Article
330,332).
Such reservations were cease to be effective after a period of 10 years from
the commencement of the constitution (Article 334) but after every ten years
its being extended through constitutional amendments.

Article 335

The claims of the members of the Scheduled Castes and Scheduled Tribes shall
be taken into consideration in making the appointments to services and posts in
connection with the affairs of the Union or of a State.
Article 338

It says that there shall be a special officer for the Scheduled Castes and
Scheduled Tribes to be appointed by the President.
National Commission for Scheduled Tribes, has been established under 338A.

Article 339(1)

The President may at any time and shall at the expiration of 10 years from the
commencement of the constitution by order appoint a Commission to report on
the administration of Scheduled areas and the welfare of the Scheduled Tribes in
the states.
Article 371(A, B, C)

Provides for the special measures and provisions with respect to the states of
Maharashtra and Gujarat (371), Nagaland (371 A), Assam (371 B) , and
Manipur (371 C).
Besides, provisions are also made in the fifth and the sixth Schedule of the
constitution regarding the administration of the tribal areas. [5 th and
6th Schedules are lucidly explained in M.Laxmikanths Book on Indian Polity]

SMS =Protected under Art 19

Timeline of Events 200 SMS

September 2011: Telecom Regulatory Authority of India (TRAI) ordered the

Mobile companies, to set a cap of 100 SMSs per day per users. This was done to
curb the SMS-spamming (like those MBA college admission and car loans.)
Technical word for Spam-SMS= UCCs (unsolicited commercial communication)
November 2011: TRAI had raised the SMS limit upto 200 from the earlier limit of
100 SMS per day.
July 2012: Delhi HC, ordered the TRAI to lift this 200 SMS / day restriction.
Observations of Delhi HC:

1. blanket cap on the number of SMSes imposed by the Telecom Regulatory

Authority of India was violative of the constitutional provision and could not
qualify as a reasonable restriction on ones freedom of speech and expression.
2. TRAI made these Regulations for curbing the menace of commercial calls and
SMSes. However, when the final regulation came it not only put an embargo on
maximum voice calls/SMSes that can be seen for commercial purposes, but all
categories of SMSes!
3. TRAI was not reasonable in painting with the same brush SMSes meant for
commercial advertisements and those sent with the objective of propagation of
ideas, social, political or economic. (lolz, sending SMS jokes about Sonia/Mohan is
also one way of propogating such noble ideas)
4. it offends the fundamental rights of the mobile users enshrined under Article
19(1)(a) of the Constitution. (freedom of speech and expression)
NGO Foreign Agents Law (Russia)

In July 2012, Russia's Lok Sabha (Duma), passed a bill forcing jholachhap NGOs
engaged in political activity with foreign financing to be classed as "foreign
agents."
Under the new legislation, NGOs would have to publish a biannual report on their
activities and carry out an annual financial audit. Failure to comply with the law
could result in four-year jail sentences and/or fines of up to 300,000 rubles
($9,200).
Non-profit organizations which fall under the laws jurisdiction, will be put on the
foreign agents list what means that an NGO will be required to put a foreign
agent label on all printed materials it publishes, including media materials.
In addition an NGO will need to inform the Justice Ministry about any foreign
funding transactions greater than 200,000 rubles (about $7,000), it may receive,
according to the amendments into the Law against Money Laundering and
Terrorism Funding.

Apart from this, Russian Government is also in the process of passing two more laws to
clamp the freedom of Expression

Internet Blacklist Bill for creation of a federal agency to rule on which websites
should be closed down.
Criminal Defamation Bill: carry fines of up to five million rubles ($170,000) for
misinformation damaging a person's reputation. (People fear, it'll be misused to
silence the critiques of President Putin by charging them under this law.)
Middleman in Piracy (US/UK)

Richard ODwyer, a student from England, started a website that helped visitors
find pirated American movies and television shows online.
Right now the Obama administration is seeking to extradite ODwyer from Britain
on criminal charges of copyright infringement. Americas arguments:
ODwyers website TVShack.net made about $230,000 from advertising over the
course of two years.
Although O'Dwyer's own site did not serve up pirated content, but it provided
links to other piracy sites that did, and his site made more than 2 lakh dollars in
advertizement Revenue alone. So, he is a middleman who himself didnot serve
the pirated content but a fair amount of money by pointing people to pirated
content.
ODwyers argument : my website only listed the links to videos hosted on
other pirated websites, and google search engine also does the same!
The possible punishment: 10 years in a United States prison.
John Doe: How Kolaveri Di got SCs Website hacked?

makers of the Tamil movie "3" (Dhanush of "Kolaveri D" fame), went to Madras
High Court, to prevent the spreading of their movie's pirated copy.
The Court passed a John Doe order, telling the Department of Telecom to direct
all the Internet Service Providers (ISP) to block pirate-sites like Piratebay, Vimeo,
Dailymotion and Pastebin.
"John Doe" order = Ex parte injunctions =injunctions that are granted even
without hearing the other party. (in this case, Piratebay and other pirate-sites.)
In USA's legal terminology "John Doe" means an unknown or fictitious man who
is a party to legal proceedings.
You can read more on this Hindu article: http://www.thehindu.com/opinion/oped/article3446658.ece
Anyways, the "Hactivists" got angry when Piratebay stopped working. So they
went ahead and hacked the websites of Congress and Supreme Court of India.
After sometime, those two sites started working again but so did those pirate
sites! and both SC and Congress claim that their website was never hacked!

Important topics of GS Paper II

1. Stop Online Piracy Act SOPA
2. Preventing Real Online Threats to Economic Creativity and Theft of Intellectual
Property Act of 2011 (PIPA)
3. Anti-Counterfeiting Trade Agreement (ACTA)
And these should also serve as fodder for any Essay related to Freedom of Speech and
Expression (particularly the pros and cons.)
What is the case?
Using Right to information act, one Mr.C Ramesh had sought all the letters sent by
President Narayanan to Prime Minister AB Vajpayee relating to Gujarat riots of 2002.
In 2006, Chief Information Commissioner had asked the union government to disclose
those letter.
But The union government had filed an appeal against this CIC order, in Delhi High
court.
Union Governments argument is that under Articles 74 and 78 of the Constitution, any
advice tendered by the Union council of ministers or correspondence exchanged between
the president and the prime minister enjoyed immunity from public scrutiny.
What did Delhi HC say?
1. Article 74(2) of the Constitution bars the disclosure of the advice given by the
Council of Ministers to the President.
2. Article 74(2) of the Constitution cannot be made subservient to the RTI Act as the
same could not have been the intention of the legislature and even if it was, the
same cannot come in effect without amending the Constitution.
3. Only the judges of the Supreme Court and high courts had the power to call for
such material (the communications), to peruse them, under Articles 32 and 226
of the Constitution.
4. But CIC cannot claim parity with the judges of the Supreme Court and the high
courts
5. Therefore, CIC cannot direct the Union to produce the correspondence between
the President and the Prime Minister.
Questions for UPSC IAS GS Mains Paper 1
1. Why were art 74 and 78 been in news recently?
2. What are the powers given to SC and HC under Art 32 and 226 of the
Constitution of India.
3. (Interview) what is your take on Art 74 vs RTI?
4. (interview) Can the parliament amend 74(2)? Ans. Yes it can, because #74(2) is
not part of the Basic structure of the Constitution.
5. (interview) Give examples of some Public Organizations excluded from RTI? Are
you in favor of it, given all the allegations of corruption in every department?
What is a Dynastic Party?
Dynastic party to be one where the top leadership comes from within one family or the
successor is appointed without an organisational election.
What are the examples of Dynastic parties?
1. The Congres (lolz)
2. Akali Dal in Punjab

3.
4.
5.
6.
7.
8.

Shiv Sena in Maharashtra;

NCP of Maharashtra;
DMK in Tamil Nadu;
TDP of Andhra Pradesh;
BJD in Orissa;
SP in UP.
What are the disadvantages / Demerits of Dynastic Politics?

1. There is a representation deficit when it comes to dynastic parties.

2. In those areas where dynastic parties compete, voters are far more likely to say
that the politician (MLA or MP) does not look after the interests of anyone in the
constituency
3. Those states where the two main political parties are dynastic, there are greater
vote swings for a party from one election to the other, with the average vote
swing reaching 7 per cent.
4. Independent candidates are more likely to be elected and win votes. The
percentage of independent candidates winning moves from 10 per cent under
non-dynastic competition to 14 per cent under dynastic competition.
5. There is a proliferation of political parties, with the effective number of political
parties moving from less than four to more than four.
6. In a dynastic party the top spot is limited to members of a family. For ambitious
politicians who want to rise to the top spot there is only one option to form
their own political party or to switch allegiance to another party that will give
them a higher position. This leads to larger number of parties competing for votes
and/ or greater vote swings.
7. Still, why should we bother? Because ^above things lead to Coalition Politics and
Coalition politics leads to policy Paralysis and 2G scams at Union and State
level.
What are the factors responsible for existance of dynastic parties?
key to understanding why dynasties exist lies in party organisation. In India, and
elsewhere,
1. if a political party does not have a cadre-based organisation,
2. is not rooted in an independent civil society association and
3. has centralised financing of elections,
It is much more likely to be dynastic. Elaborate.
Factor #1: Selection of Successor
If a party has a party organisation where other contenders to the chief post can form
their independent bases of power or lobby groups within the party, it may be harder to
sustain dynastic parties.
This was the case with the Congress in the 1960s when a strong organisation could
discipline the ruling Congress party.
Factor #2: Civil Society
If a party has strong ties to a civil society organisation that constrains the party leader
from appointing kin as successor, the party will be non-dynastic. The classic case is the
BJP. The RSS (in which the BJP is societally rooted) exercises enough influence over the
choice of leadership to ensure that it is non-dynastic.
Factor #3: Party finance.

As long as politicians raise their own campaign finances illegally, their best
insurance against disclosure is to keep the money in the family.
If all politicians in India raised funds independently and openly (as they do in the
United States) individual politicians could challenge the party leadership. In India
this independence is discouraged and substantial campaign contributions are
undisclosed or black and collected centrally.
This centralisation of finances is essential to avoid detection. As many have
observed, the bulk of the money for the 2009 election campaigns of various
parties was allocated to Lok Sabha hopefuls by the central command.
This gives the central party enormous control and the party leader is influenced
by incentives that encourage keeping it all in the family.
Dynsties around the world

Political dynasties are found where they provide risk insurance for politicians.
Even in stable political systems like Japan, dynasties are common.
Not surprisingly, then, dynasties have been seen in parts of the US, in Costa Rica,
El Salvador, Nicaragua, the Philippines and Colombia.
What is a Constitutional bench?

According to Article 145(3) of the Constitution, any substantial question of law

relating to the interpretation of the Constitution must be heard by benches of at
least five judges. Such bench is called a Constitutional bench.
Then Whats the problem?

At present Supreme Courts has 27 judges, but very busy thanks to 50,000+
pending, therefore even the important cases involving Substantial question of
law are handled by small 2-3 judges bench instead of a 5 judge Constitutional
bench
Where small benches handled big cases
Case: Right to Education Act in private institutes
Three Judges bench

1. Justice Swatanter Kumar

2. Justice S H Kapadia
3. Justice Radhakrishnan
Verdict

Majority of the bench,upheld the constitutional validity of the Right to Education

Act 2009, which mandates 25 per cent free seats to the poor in government and
private unaided schools uniformly across the country.
Justice Radhakrishnan took the view that the Act would not apply to both unaided
private schools as also minority institutions which do not receive any aid or grant
from the government.
Justice Radhakrishnan's view was overruled by justices Kapadia and Justice
Swatanter Kumar who took the stand that the Act would be applicable even to
unaided private schools.
Case: Salva Judum (2011)
Two judges bench

Justice B. Sudershan Reddy

Justice S.S. Nijja

Verdict

The deployment of tribal youths as Special Police Officers either as 'Koya

Commandos', Salwa Judum or any other force in the fight against the Maoist
insurgency is illegal and unconstitutional and ordered their immediate disarming.
State of Chhattisgarh shall forthwith make every effort to recall all firearms
issued to any of the SPOs, whether current or former, along with any and all
accoutrements and accessories issued to use such firearms. The word firearm as
used shall include any and all forms of guns, rifles, launchers etc., of whatever
calibre.
State of Chhattisgarh to immediately cease and desist from using SPOs in any
manner or form in any activities, directly or indirectly, aimed at controlling,
countering, mitigating or otherwise eliminating Maoist/Naxalite activities in the
State of Chhattisgarh.
directed the Centre and the State of Chhattisgarh to provide appropriate security
forthwith, and undertake such measures as are necessary, and within bounds of
constitutional permissibility, to protect the lives of those who had been employed
as SPOs previously, or who had been given any initial orders of selection or
appointment, from any and all forces, including but not limited to
Maoists/Naxalites.
Whether SPOs have been effective against Maoist/Naxalite activities in
Chhattisgarh would seem to be a dubious, if not a debunked, proposition given
the state of affairs in Chattisgarh. Even if we were to grant, for the sake of
argument, that indeed the SPOs were effective against Maoists/Naxalites, the
doubtful gains are accruing only by the incurrence of a massive loss of fealty to
the Constitution, and damage to the social order.
Case: Narco Analysis in Police Custody
Three judge bench

1. Chief Justice K.G. Balakrishnan

2. Justice R.V. Raveendran
3. Justice J.M. Panchal
Verdict

no individual should be forcibly subjected to any of the techniques in question,

whether in the context of investigation in criminal cases or otherwise. Doing so
would amount to an unwarranted intrusion into personal liberty.
compulsory administration of the impugned techniques violates the right against
self-incrimination. The test results cannot be admitted in evidence if they have
been obtained through the use of compulsion. Article 20 (3) of the Constitution
[No person accused of any offence shall be compelled to be a witness against
himself] protects an individual's choice between speaking and remaining silent
Article 20 (3) aims to prevent the forcible conveyance of personal knowledge that
is relevant to the facts in issue. The results obtained from each of the impugned
tests bear a testimonial character and they cannot be categorised as material
evidence.
It is our considered opinion that subjecting a person to the impugned techniques
in an involuntary manner violates the prescribed boundaries of privacy.
Forcible interference with a person's mental processes is not provided for under
any statute and it most certainly comes into conflict with the right against selfincrimination.
results obtained through the involuntary administration of either of these tests
come within the scope of testimonial compulsion,' thereby attracting the
protective shield of Article 20 (3).

if these techniques were used compulsorily if would violate Article 20 (3).

Even when the subject had given consent to undergo any of these tests, the test
results by themselves could not be admitted as evidence because the subject
does not exercise conscious control over the responses during the administration
of the test. However, any information or material that is subsequently discovered
with the help of voluntary administered test results can be admitted, in
accordance with Section 27 of the Evidence Act.
Case: Passive euthanasia (Aruna Shanbaug)
Two-judge bench

1. Justice Markandeya Katju

2. Justice Gyan Sudha Mishra
Verdict

Laid a set of tough guidelines under which passive euthanasia can be legalised
through high court monitored mechanism.
Allowed "passive euthanasia" of withdrawing life support to patients in
permanently vegetative state (PVS) but rejected outright active euthanasiaof
ending life through administration of lethal substances.
Bench also asked Parliament to delete Section 309 IPC (attempt to suicide) as it
has become "anachronistic though it has become Constitutionally valid."
A person attempts suicide in a depression, and hence he needs help, rather than
punishment,
there is no statutory provision for withdrawing life support system from a person
in a permanently vegetative state, it was of the view that "passive euthanasia"
could be permissible in certain cases for which it laid down guidelines and cast
the responsibility on high courts to take decisions on pleas for mercy killings.
dismissing writer Pinky Virani's plea for subjecting to mercy killing of the KEM
Hospital nurse who was sexually assaulted by a ward boy, the apex court cast the
responsibility of taking a call on passive euthanasia on high courts, if the plea is
made by close relatives or friends who have strongly opposed such a step.
A decision has to be taken to discontinue life support either by the parents or the
spouse or other close relatives, or in the absence of any of them, such a decision
can be taken even by a person or a body of persons acting as a next friend,
It can also be taken by the doctors attending the patient. However, the decision
should be taken bona fide in the best interest of the patient," and should be
approved by the high court
Similarly, Naz Foundation case on the constitutionality of Article 377 of the Indian
Penal Code (Homosexuality) was heard by just two judges.
Benefits of a larger bench

Why should we care if these cases are heard by three judges or five or nine or
just one?
Because More judges mean that there will be more points of view, greater
reflection and more thorough analysis offered in these vital cases that will help
set the direction of the country for decades to come.
More judges also mean that it is likelier that the opinion of the bench will reflect
that of the overall Supreme Court and not just two or three judges with a
minority viewpoint.
It is more difficult to overturn a five-judge bench than a two- or three-judge
bench, meaning the public can have more confidence in the stability of the law on
issues that affect millions of lives.
This is all the more critical in cases where novel questions of law are being
addressed and there is no clear precedent on the issue.

In the 1960s, a much less congested Supreme Court heard about 100 five-judge
or larger benches a year. By the first decade of the 2000s, the court averaged
only about 10 constitution benches a year.
Side questions
What is Narco Analysis (2m)?

Narco analysis technique involves the intravenous administration of sodium pentothal, a

drug which lowers inhibitions on part of the subject and induces the person to talk freely.
Back to the point,
What is Euthansia?

The act of killing someone painlessly (especially someone suffering from an

incurable illness)
Find out the places where Euthansia is legal.