THE INDIAN POLITY AND GOVERNANCE

1. WHAT IS THE ESSENTIAL PRACTICE TEST?

THE CONTEXT: The action of some pre-university colleges in Karnataka refusing entry to Muslim girl students wearing hijabs, or head-scarves, has now become a national controversy. While the girls have been protesting against being denied access to education, the counter-protests by a section of Hindu students wearing saffron shawls and turbans have led to a tense situation outside some campuses. The action of the college where the row broke out in Udupi is now being questioned in the Karnataka High Court. The court, by an interim order, has directed that students should not wear attire linked to any religion until it resolves the legal questions arising from the issue.

THE EXPLANATION:

What are the issues?

• The main question that arises is whether students can be kept out of educational institutions merely because they are wearing a piece of clothing indicating their religion. Is the denial of entry a violation of their freedom of conscience and freedom to practise their religion under Article 25?
• The question whether educational institutions can bar religious attire as part of their power to prescribe uniforms for students is also linked to the constitutional question whether the ban on such attire will come within the power to restrict freedom of religion in the interest of public order, health, and morality.
• Yet another question is whether the denial of entry into schools amounts to violation of the students’ right to education under Article 21A.
• From the Muslim students’ point of view, they have a fundamental right to wear a hijab as part of their right to practise their religion. Going by precedent on a right asserted in contrast to the general rule, as well as arguments advanced in court on their behalf, the issue may boil down to a finding on whether the wearing of hijab is essential to the practice of their faith.

What is the constitutional position?

Bijoe Emmanuel vs. State of Kerala (1986) pertained to three children belonging to the Jehovah’s Witnesses sect refusing to sing the national anthem during the morning assembly. The Supreme Court ruled in the students’ favour, holding that their expulsion violated their freedom of expression under Article 19(1)(a) as well as their right to freely practise and profess their faith under Article 25(1).

The freedom of conscience and to profess, practise and propagate religion is guaranteed by Article 25. This freedom is subject to ‘public order, morality and health’. It also makes it clear that there can be a law regulating any economic, financial, political, or other secular activity which may be associated with religious practice or to provide for social welfare and reform, including throwing open Hindu religious institutions of a public character to all classes and sections of Hindus.

The test in this approach is to find out whether a student who asserts religious freedom for a course of action that the authorities find objectionable genuinely and conscientiously holds that belief or not. Such a belief is constitutionally protected.

As for the wearing of hijab, the students are relying on a Kerala High Court judgment that had in 2016 allowed two Muslim students to take the All India Pre-Medical Test while wearing a hijab, after holding that it was an essential part of Islam. In a different case, the Kerala High Court declined to intervene in favour of a Muslim student who was not allowed to wear a head-scarf by a school.

THE ESSENTIAL PRACTICE OF RELIGION: It is a practice is considered essential to a religion if it is essential to the community following the religion.

How do we draw the line between matters of religion and matters other than religion?

• The ‘essential practice’ doctrine can be traced to a 1954 decision of the Supreme Court in ‘Shirur Mutt’ case. This litigation involved action sought to be taken by the Madras government against a mutt over some disputes over the handling of financial affairs.
• In Sardar Syedna Taher Saifuddin Saheb vs. Bombay (1962), the Supreme Court struck down a law that prohibited the head of the Dawoodi Bohra community from excommunicating members. The majority ruled that the power of excommunication exercised by the religious head on religious grounds was part of the management of affairs on religious matters, and the Act infringed on the community’s rights.
• In the Sabarimala case (2018), the majority ruled that the bar on entry of women in the age-group of 10 to 50 was not an essential or integral part of the religion, and denied the status of a separate religious denomination of devotees of Lord Ayyappa. However, in a dissenting judgment, Justice Indu Malhotra, said they constituted a distinct denomination and that the restriction on women of a particular age group is an essential part of their faith and is constitutionally protected.

What is the criticism against the essential practice test?

• Jurists have criticised the continuing emphasis on applying the essential practice test to determine the constitutionality of state action against any religious practice that claims protection despite being either discriminatory or exclusionary.
• The first criticism is that it was never intended to be a test to find out if a particular practice is essential to the practice of the religion but was only made to distinguish a matter of religion from a matter other than religion. However, a long line of judicial decisions seem to endorse the applying of this test to dispose of cases.
• The second criticism is that the doctrine of essentiality appears to allow courts to go deeply into the scriptures and tenets of a religion or a religious denomination to find out if the practice or norm that is at the heart of the issue is essential. This is seen as a theological or ecclesiastical exercise, which courts are forced to wade into.

What is the way forward?

• A more reasonable approach will be to apply the test of constitutional morality and legitimacy to the issue at hand. Applying the principles of equality, dignity and civil rights to a particular practice may be better to decide the constitutionality of a practice than a theological enquiry.
• The action of some pre-university colleges in Karnataka refusing entry to Muslim girl students wearing hijabs, or head-scarves, has now become a national controversy
• From the Muslim students’ point of view, they have a fundamental right to wear a hijab as part of their right to practise their religion.

2. THE POLICE MODERNISATION SCHEME

THE CONTEXT: According to MHA, under the five-year plan, provision has been made for internal security, law and order, adoption of modern technology by police, assisting states for narcotics control and strengthening the criminal justice system by developing a robust forensic set-up in the country.

THE EXPLANATION:

• The Government has approved the umbrella scheme of modernisation of police force for the next five years with a financial outlay of Rs 26,275 crore. More than Rs 18,000 crore of this money will go towards security related expenditure in Jammu and Kashmir, Left Wing Extremism areas and the Northeast.
• “The approval for the period 2021-22 to 2025-26, moves forward the initiative of the Union Home Ministry to modernise and improve the functioning of Police Forces of States and Union Territories. This scheme comprises all relevant sub-schemes that contribute to modernization and improvement”.
• According to MHA, “the scheme for modernization of state police forces has a Central outlay of Rs 4,846 crore”.The approval includes central outlay of Rs 2,080 crore “to develop operationally independent and high-quality forensic sciences facilities in States/Union Territories for aiding scientific and timely investigation through modernization of resources”.
• Incidentally, in the 2022-23 Budget presented by Finance Minister, the central outlay for “Modernisation of Forensic Capacities” in the coming FY alone is Rs 8,976 crore.
• Also, the central outlay of Rs 18,839 crore has been earmarked for security related expenditure for the Union Territories of Jammu & Kashmir, insurgency affected North Eastern States and Left Wing Extremism (LWE) affected areas
• “With the implementation of ‘National Policy and Action Plan’ for combating LWE, the LWE violence incidents have come down drastically. To further pursue this accomplishment, six LWE-related schemes with Central outlay of Rs.8,689 crore have been approved. These schemes include Special Central Assistance (SCA) to Most LWE Affected Districts & Districts of Concern to consolidate the gains.

THE INTERNATIONAL RELATIONS

3. INDIA SIGNS MOU TO HAND OVER WHEAT TO WFP IN KANDAHAR

THE CONTEXT: India signed an agreement with the United Nation’s World Food Programme (WFP) for the distribution of 50,000 MT of wheat that it has committed to sending Afghanistan as part of a humanitarian assistance.

THE EXPLANATION:

• The MoU for WFP to take charge of the wheat convoys when they reach Afghanistan, and to distribute them to those Afghans who are facing a humanitarian crisis.
• The WFP runs its own logistics network inside Afghanistan, partnering with civil society groups, and has launched a global campaign for enough food and aid for the population facing malnutrition — estimated to be half the population or 22 million Afghans.
• The route via Pakistan, which has been closed for all exports from India since 2019, and opened only as an exception, is likely to require several weeks for the transport of the current consignment, as infrastructure and labour required to load and reload the wheat has to be organised.
• Pakistan had shut down all trade with India to protest the government’s changes in Jammu and Kashmir and Article 370 in August 2019. Subsequently, the Pakistan government had allowed Afghan exports to India to pass through the Wagah border, making an exception also for medicines from India during the pandemic. India has also flown several consignments of medicines and medical equipment to hospitals in Afghanistan on board flights.

ABOUT WORLD FOOD PROGRAM:

It is an United Nations Agency division for the provision of food aid to those unable to provide enough food to feed  themselves  and their family. Headquartered in Rome.

• The World Food Programme (WFP) is the leading humanitarian organization saving lives and changing lives, delivering food assistance in emergencies and working with communities to improve nutrition and build resilience.
• As the international community has committed to end hunger, achieve food security and improved nutrition by 2030, one in nine people worldwide still do not have enough to eat. Food and food-related assistance lie at the heart of the struggle to break the cycle of hunger and poverty.
• For its efforts to combat hunger, for its contribution to bettering conditions for peace in conflict-affected areas and for acting as a driving force in efforts to prevent the use of hunger as a weapon of war and conflict, WFP was awarded theNobel Peace Prize in 2020.
• In 2020, WFP assisted 115.5 million people – the largest number since 2012 – in 84 countries.

4. THE MAITRI SCHOLARS PROGRAMME

THE CONTEXT: Australian Foreign Minister announces Maitri initiatives aimed at strengthening ties with India. Under the Maitri Scholars Programme, the Australian government will provide over 11 million dollars over four years to support Indian students to study at Australia’s world-leading universities.

THE EXPLANATION:

• The initiatives are appropriately called the ‘Maitri’, meaning friendship initiatives,” Australian Foreign Minister continued saying that under the Maitri Scholars Program, the Australian government will provide over USD 11 million over four years to support Indian students to study at Australia’s world-leading universities.
• “The Maitri Fellowships Program will provide USD 3.5 million over four years to build links between future leaders, will support mid-career Australian and Indian professionals to collaborate on strategic research initiatives
• Australia will also provide over USD 6 million over four years for the Maitri cultural partnerships to support cultural exchanges and boost the role of the creative industries in our two countries.
• Cultural Partnerships: Australia will also provide over USD 6 million over four years to support cultural exchanges and boost the role of the creative industries in both countries.Also, the relationship between the countries has connections in trade and investment as well.
• CECA: Australian Minister for Trade, Tourism and Investment visited India to attend negotiations for the Comprehensive Economic Cooperation Agreement (CECA).The CECA is an agreement that both parties are certain will open up new trade and investment opportunities, particularly in the context of the impact of COVID-19.

Background:

India and Australia have deep ties in fields related to education and higher studies. India and Australia bilateral trade stood at $12.3 billion in 2020-21 compared to $12.63 billion in 2019-20. India exports refined petroleum, medicaments, railway vehicles including hover-trains, pearls and gems, jewellery, made up textiles articles while importing coal, copper ores and concentrates, gold, vegetables, wool and other animal hair, fruits and nuts, lentils and education related services.

THE ENVIRONMENT AND ECOLOGY

5. THE WINTER BIRD MONITORING PROGRAM (2021-22)

THE CONTEXT: The Winter Bird Monitoring Programme for 2021-22 has recorded the presence of 203 bird species, including 53 non-resident species, in the districts of Mysuru, Mandya, and Chamarajanagar.

THE EXPLANATION:

• The teams have collected data from 147 locations spread across Mysuru-Mandya-Chamarajanagar belt between January and February 2022. In all, 20 teams comprising 63 birders took part in the bird enumeration and each team was given a different route to cover, monitor and enumerate the birds.
• The data indicates that the number of species found in the region this year is almost identical to what were recorded in the past. While 203 species were recorded this year, 204 species were recorded year 2021. The bird count too was healthy this year and the team recorded 34,361 birds of all species underlining the sheer diversity of birds that is supported in the region. This is against 32,304 birds counted in last year’s exercise.
• The data has also generated interesting insights and of the 203 species of birds the most abundant – total counts from all locations — was Cattle Egret (2,064) followed by Eurasian Coot (1,111), Bar-headed Goose (995), Barn Swallow (974), and Little Cormorant (900).
• The most abundant species in any single location was Northern Shoveler and 650 of these birds was found in Lingambudhi Lake in Mysuru. There were 530 Spot-billed Pelicans at Ranganathittu apart from 480 Asian Openbills and 410 Indian Cormorants, also at Ranganathittu. Hadinaru lake in Nanjangud taluk played host to 400 Bar-headed Goose, as per the data generated by the bird monitoring teams.

VALUE ADDITION:

Important Bird Areas (IBA)

• Important Bird Areas are sites of international importance for the conservation of birds and their habitats.
• IBAs are among the world’s key site for biodiversity conservation and the IBA concept developed by the BirdLife International Partnership facilities their identification nationally using data gathered locally following globally agreed and standardized criteria. IBAs are practical networks for conservation.
• They help decision makers locally, nationally and globally to identity priorities and bring together key stakeholders to conserve and manage sites sustainably.
• The Indian IBA declaration is the result of five years’ exhaustive work by the IBA team and a large number of people: many amateur and professional ornithologists, birdwatchers, conservationists, forest officials and people interested in birds. As a partner designate Bombay Natural History Society (BNHS) successfully corroborated the data and to the possible extent sprading the message and conserving these IBA sites.

Among 465 conservation priority locations identified as Important Bird Areas (IBA) spread throughout India, 37 sites are located in Karnataka. Assam is leading with 46 IBAs and next is Karnataka. Mysore area hosts 12 IBAs. They are:

1. Adi-chunchanagiri Wildlife Sanctuary, Mandya district
2. Karanji Lake, Mysore district
3. Kokkarebellur, Mandya district
4. Krishnarajasagar Reservoir, Mandya & Mysore district
5. Kukkarahalli Tank, Mysore district
6. Kunthur-Kalluru Lakes, Chamarajanagar district
7. Lingambudhi Lake, Mysore district
8. Melkote Temple Wildlife Sanctuary, Mandya district
9. Narasambudhi Lake, Mysore district
10. Ranganathittu Bird Sanctuary, Mandya district
11. Sule kere, Mandya district
12. Arabithittu Wildlife Sanctuary, Mysore district

THE COVID CORNOR

INDIA’S mRNA VACCINE TECHNOLOGY

THE CONTEXT:The Pune-based Gennova Biopharmaceuticals is expected to roll out India’s first home-grown mRNA (messenger ribonucleic acid) vaccine by April 2022.

THE EXPLANATION:

The COVID-19 pandemic awakened the world to the power of RNA therapies — two of the first vaccines that emerged in late 2020, Pfizer-BioNtech and Moderna, used this technology. At Present, an Indian company is developing an mRNA vaccine from scratch, signalling possibilities of the use of the molecule in a variety of diseases beyond COVID-19.

What are mRNA vaccines and how do they work?

• Most vaccines contain a weakened or dead bacteria or virus. However, scientists have developed a new type of vaccine that uses a molecule called messenger RNA (or mRNA for short) rather than part of an actual bacteria or virus. Messenger RNA is a type of RNA that is necessary for protein production.
• In cells, mRNA uses the information in genes to create a blueprint for making proteins. Once cells finish making a protein, they quickly break down the mRNA. mRNA from vaccines does not enter the nucleus and does not alter DNA.

THE PRELIMS PRACTICE QUESTIONS

QUESTIONS OF THE DAY 14TH FEB 2022

Q.With reference to an organization known as ‘Birdlife International’ which of the following

statements is/are correct? (UPSC Prelims 2015)

1. It is a Global Partnership of Conservation Organizations.
2. The concept of ‘biodiversity hotspots’ originated from this organization.
3. It identifies the sites known/referred to as ‘Important Bird and Biodiversity Areas’.

Select the correct answer using the code given below.

a 1 only

b 2 and 3 only

c 1 and 3 only

d 1, 2 and 3

 ANSWER FOR 11^TH FEB 2022

Answer: D

Explanation:

• A koala or koala bear (Phascolarctos cinereus) is a well known native animal of Eastern Australia, as iconic as the kangaroo.
• They are usually found sleeping or browsing for leaves in trees, especially eucalypts. It is the only extant representative of the family Phascolarctidae and its closest living relatives are the wombats, which are members of the family Vombatidae. The koala is found in coastal areas of the mainland’s eastern and southern regions, inhabiting Queensland, New South Wales, Victoria, and South Australia.

It is easily recognisable by its stout, tailless body and large head with round, fluffy ears and large, spoon-shaped nose. The koala has a body length of 60–85 cm (24–33 in) and weighs 4–15 kg (9–33 lb). Fur colour ranges from silver grey to chocolate brown. Koalas from the northern populations are typically smaller and lighter in colour than their counterparts further south. These populations possibly are separate subspecies, but this is disputed.

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