Creamy layer’s exclusion from SC/ST quota
The Union government on 2 December 2019 asked the Supreme Court to refer to a seven-judge Bench the question whether the creamy layer should apply or not to the Scheduled Caste/Scheduled Tribe people while providing them reservation in government promotions.
Read More: https://www.ksgindia.com/study-material/news-for-aspirants/22252-creamy-layer-s-exclusion-from-sc-st-quota.html
#Creamylayer #ST #MNagaraj #Articles341 #SC #judgment
Promotion of endangered languages
The government has launched a scheme for the promotion of endangered languages in central and state universities, Union HRD minister Ramesh Pokhriyal Nishank said in the Lok Sabha on 2 December 2019.
Read More: https://www.ksgindia.com/study-material/news-for-aspirants/22251-promotion-of-endangered-languages.html
#Promotion #HRD #RameshPokhriyalNishank #UGC #LokSabha
India to get its second spaceport
The work on the country’s second spaceport has started in Tamil Nadu as Indian Space Research Organisation (Isro) is gearing up for increased launch activities in coming years.
Read More: https://www.ksgindia.com/study-material/news-for-aspirants/22250-india-to-get-its-second-spaceport.html
#India #Isro #TamilNadu #PSLV #GSLV #SSLV #Kulasekarapattinam
Russia-China gas pipeline
Russia and China on 2 December 2019 launched a giant gas pipeline linking the countries for the first time, one of three major projects aimed at cementing Moscow's role as the world's top gas exporter.
Read More: https://www.ksgindia.com/study-material/news-for-aspirants/22249-russia-china-gas-pipeline.html
#Russia #CEO #VladimirPutin #XiJinping #GasPipeline
Cybersecurity policy upgraded
India is ready to update its cybersecurity policy, and as a first step towards formulating the new document “National Cybersecurity Strategy 2020, the government is inviting suggestions from the citizens.
Read More: https://www.ksgindia.com/study-material/news-for-aspirants/22248-cybersecurity-policy-upgraded.html
#Cybersecurity #NCSS2020 #space #RajeshPant #India
The Union government on 2 December 2019 asked the Supreme Court to refer to a seven-judge Bench the question whether the creamy layer should apply or not to the Scheduled Caste/Scheduled Tribe people while providing them reservation in government promotions.
Read More: https://www.ksgindia.com/study-material/news-for-aspirants/22252-creamy-layer-s-exclusion-from-sc-st-quota.html
#Creamylayer #ST #MNagaraj #Articles341 #SC #judgment
Promotion of endangered languages
The government has launched a scheme for the promotion of endangered languages in central and state universities, Union HRD minister Ramesh Pokhriyal Nishank said in the Lok Sabha on 2 December 2019.
Read More: https://www.ksgindia.com/study-material/news-for-aspirants/22251-promotion-of-endangered-languages.html
#Promotion #HRD #RameshPokhriyalNishank #UGC #LokSabha
India to get its second spaceport
The work on the country’s second spaceport has started in Tamil Nadu as Indian Space Research Organisation (Isro) is gearing up for increased launch activities in coming years.
Read More: https://www.ksgindia.com/study-material/news-for-aspirants/22250-india-to-get-its-second-spaceport.html
#India #Isro #TamilNadu #PSLV #GSLV #SSLV #Kulasekarapattinam
Russia-China gas pipeline
Russia and China on 2 December 2019 launched a giant gas pipeline linking the countries for the first time, one of three major projects aimed at cementing Moscow's role as the world's top gas exporter.
Read More: https://www.ksgindia.com/study-material/news-for-aspirants/22249-russia-china-gas-pipeline.html
#Russia #CEO #VladimirPutin #XiJinping #GasPipeline
Cybersecurity policy upgraded
India is ready to update its cybersecurity policy, and as a first step towards formulating the new document “National Cybersecurity Strategy 2020, the government is inviting suggestions from the citizens.
Read More: https://www.ksgindia.com/study-material/news-for-aspirants/22248-cybersecurity-policy-upgraded.html
#Cybersecurity #NCSS2020 #space #RajeshPant #India
Ksgindia
Creamy layer’s exclusion from SC/ST quota | KSG India | Khan Study Group
The Union government on 2 December 2019 asked the Supreme Court to refer to a seven-judge Bench the question whether the creamy layer should apply or not to the Scheduled Caste/Scheduled Tribe people
Consent in perpetuity: This is the assumption that once married; a woman gives her permanent consent, which she cannot retract. This concept in the colonial-era law is rooted in the idea that a woman is the ‘property’ of the man who marries her.
Expectation of sex: This is the assumption that a woman is duty-bound or is obligated to fulfil sexual responsibilities in a marriage, since the aim of marriage is procreation. And since the husband has a reasonable expectation of sex in a marriage, the provision implies that a woman cannot deny it.
What are the main arguments against the exception to the IPC section on rape?
It has been argued that the marital rape immunity stands against the light of the right to equality, the right to life with dignity, personhood, sexual, and personal autonomy — all of which are fundamental rights protected under Articles 14, 19 and 21 of the Constitution respectively.
In the Delhi case, the petitioners argued that the exception creates an unreasonable classification between married and unmarried women and, by corollary, takes away the right of a married woman to give consent to a sexual activity.
They also argued that since courts have recognised that consent can be withdrawn even during or in between a sexual act, the assumption of “consent in perpetuity” cannot be legally valid. On the issue of “reasonable expectation of sex”, the petitioners argued that even though there is a reasonable expectation of sex from a sex worker or other domestic relationships as well, consent is not irrevocable.
The petitioners also argued that since the provision was inserted before the Constitution came into force, the provision cannot be presumed to be constitutional.
In 2013, the J S Verma Committee, set up to look into criminal law reforms following the brutal gangrape and murder of a 23-year-old paramedic in Delhi in 2012, had recommended removing the marital rape exception. But the then government did not change the law on marital rape.
#upsc #news #supremecourt #petitions #maritalrape #immunity #judgment #karnataka #exception #IPCsection375 #quash #charges #perpetuity #autonomy #JSVERMA #committee #criminal #law #paramedic
Expectation of sex: This is the assumption that a woman is duty-bound or is obligated to fulfil sexual responsibilities in a marriage, since the aim of marriage is procreation. And since the husband has a reasonable expectation of sex in a marriage, the provision implies that a woman cannot deny it.
What are the main arguments against the exception to the IPC section on rape?
It has been argued that the marital rape immunity stands against the light of the right to equality, the right to life with dignity, personhood, sexual, and personal autonomy — all of which are fundamental rights protected under Articles 14, 19 and 21 of the Constitution respectively.
In the Delhi case, the petitioners argued that the exception creates an unreasonable classification between married and unmarried women and, by corollary, takes away the right of a married woman to give consent to a sexual activity.
They also argued that since courts have recognised that consent can be withdrawn even during or in between a sexual act, the assumption of “consent in perpetuity” cannot be legally valid. On the issue of “reasonable expectation of sex”, the petitioners argued that even though there is a reasonable expectation of sex from a sex worker or other domestic relationships as well, consent is not irrevocable.
The petitioners also argued that since the provision was inserted before the Constitution came into force, the provision cannot be presumed to be constitutional.
In 2013, the J S Verma Committee, set up to look into criminal law reforms following the brutal gangrape and murder of a 23-year-old paramedic in Delhi in 2012, had recommended removing the marital rape exception. But the then government did not change the law on marital rape.
#upsc #news #supremecourt #petitions #maritalrape #immunity #judgment #karnataka #exception #IPCsection375 #quash #charges #perpetuity #autonomy #JSVERMA #committee #criminal #law #paramedic
Today's Headlines - 22 August 2023
Violation of privacy in caste survey
GS Paper - 2 (Polity)
The Supreme Court asked the petitioners challenging the Bihar caste survey what was the violation of privacy in asking people to disclose their caste after the latter contended that the exercise was clearly in violation of the top court’s nine-judge decision in the privacy case wherein it was held that the state cannot encroach on the privacy of individuals without a law to back it.
What
If somebody is asked to give caste or sub-caste, in a state like Bihar, caste is known to neighbours… Which of these 17 questions (asked as part of the survey) invades privacy, asked Justice Sanjeev Khanna, presiding over a two-judge Bench, and said the exercise was carried out on the strength of an executive order.
The Bench commenced hearing a batch of pleas challenging the 1 August decision of the Patna High Court, which gave the go-ahead to the caste survey.
Some of these petitions have claimed the exercise was an infringement of the people’s right to privacy.
The SC, he pointed out, had said that “while it intervenes to protect legitimate state interests, the state must nevertheless put into place a robust regime that ensures the fulfillment of a threefold requirement.
These three requirements apply to all restraints on privacy (not just informational privacy). They emanate from the procedural and content based mandate of Article 21.
The first requirement that there must be a law in existence to justify an encroachment on privacy is an express requirement of Article 21.
For, no person can be deprived of his life or personal liberty except in accordance with the procedure established by law. The existence of law is an essential requirement.
The caste survey, however, was carried out on the basis of an executive order, which does not even set out the aim of the exercise.
Puttaswamy judgment says privacy can be intruded upon only by a just fair and reasonable law, with a legitimate aim, which has to stand the test of proportionality.
#upsc #news #violation #privacy #castesurvey #polity #supremecourt #bihar #caste #neighbours #patna #highcourt #pleas #caste #survey #requirement #interests #threefold #restraints #encroachment #puttaswarmy #judgment #law #proportionality #executive #order #article #decision #polity
Violation of privacy in caste survey
GS Paper - 2 (Polity)
The Supreme Court asked the petitioners challenging the Bihar caste survey what was the violation of privacy in asking people to disclose their caste after the latter contended that the exercise was clearly in violation of the top court’s nine-judge decision in the privacy case wherein it was held that the state cannot encroach on the privacy of individuals without a law to back it.
What
If somebody is asked to give caste or sub-caste, in a state like Bihar, caste is known to neighbours… Which of these 17 questions (asked as part of the survey) invades privacy, asked Justice Sanjeev Khanna, presiding over a two-judge Bench, and said the exercise was carried out on the strength of an executive order.
The Bench commenced hearing a batch of pleas challenging the 1 August decision of the Patna High Court, which gave the go-ahead to the caste survey.
Some of these petitions have claimed the exercise was an infringement of the people’s right to privacy.
The SC, he pointed out, had said that “while it intervenes to protect legitimate state interests, the state must nevertheless put into place a robust regime that ensures the fulfillment of a threefold requirement.
These three requirements apply to all restraints on privacy (not just informational privacy). They emanate from the procedural and content based mandate of Article 21.
The first requirement that there must be a law in existence to justify an encroachment on privacy is an express requirement of Article 21.
For, no person can be deprived of his life or personal liberty except in accordance with the procedure established by law. The existence of law is an essential requirement.
The caste survey, however, was carried out on the basis of an executive order, which does not even set out the aim of the exercise.
Puttaswamy judgment says privacy can be intruded upon only by a just fair and reasonable law, with a legitimate aim, which has to stand the test of proportionality.
#upsc #news #violation #privacy #castesurvey #polity #supremecourt #bihar #caste #neighbours #patna #highcourt #pleas #caste #survey #requirement #interests #threefold #restraints #encroachment #puttaswarmy #judgment #law #proportionality #executive #order #article #decision #polity