UPSC Essentials: Key terms of the past week with MCQs

Uniform Civil Code

Why in news?

— The Constitution lists the UCC among the Directive Principles of State Policy, which makes it a desirable objective, but it is not justiciable. Over the decades, the BJP in particular has pushed for a UCC, and the Supreme Court has on a few occasions expressed itself in favour of it.

KEY TAKEAWAYS

— A UCC would provide for one law for the entire country, applicable to all religious communities in their personal matters such as marriage, divorce, inheritance, adoption, etc. Article 44 of the Indian constitution says, “The state shall endeavour to secure a Uniform Civil Code for the citizens throughout the territory of India.”

— Article 44 is one of the Directive Principles of State Policy, described in Part IV of the Constitution. According to Article 37, “The provisions contained in this Part shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.”

— Part IV (Articles 36-51) covers a wide range of principles, including (apart from the UCC), the securing of equal justice and free legal aid to citizens (Art 39A), participation of workers in the management of industries (Art 43A), organisation of agriculture and animal husbandry (Art 48), protection and improvement of the environment and safeguarding of forests and wildlife (Art 48A), promotion of international peace and security (Art 51) etc.

What is the relationship between Fundamental Rights and Directive Principles?

— The Directive Principles of State Policy follow the Fundamental Rights (Part III, Arts 12-35) in the Constitution. The Fundamental Rights lie at the heart of the Constitution, and are justiciable — that is, they are legally enforceable in a court of law.

— In its landmark Minerva Mills judgment (1980), the Supreme Court held: “Indian Constitution is founded on the bed-rock of the balance between Parts III (Fundamental Rights) and IV (Directive Principles). To give absolute primacy to one over the other is to disturb the harmony of the Constitution.”

— Article 31C says that if a law is made to implement any of the Directive Principles, it cannot be challenged on the ground of being violative of the Fundamental Rights under Articles 14 and 19.

So currently, is there no ‘uniformity’ in personal law?

— Indian laws are already uniform in most civil matters — for example, The Indian Contract Act, Civil Procedure Code, Sale of Goods Act, Transfer of Property Act, Partnership Act, Evidence Act, etc. However, states have made a large number of amendments, and so, there is diversity even in the secular civil laws in certain aspects.

— Personal laws of religions are diverse in themselves. Thus, all Hindus of the country are not governed by one law, nor are all Muslims or all Christians. Not only British legal traditions, even those of the Portuguese and the French remain operative in some parts.

— In the Northeast, there are more than 200 tribes with their own varied customary laws. The Constitution itself protects local customs in Nagaland. Similar protections are enjoyed by Meghalaya and Mizoram. Even reformed Hindu law, in spite of codification, protects customary practices.

Point to ponder: What is the debate around Uniform Civil Code?

1. MCQ:

Which article of the Indian constitution says, “The state shall endeavour to secure a Uniform Civil Code for the citizens throughout the territory of India.”

(a) Article 14
(b) Article 28
(c) Article 32
(d) Article 44

What’s wrong with carrying a satellite phone?

— It is not legal to carry one in India unless you have permission. Visitors to the country are specifically advised not to carry a satellite phone without permission. Restrictions on the possession and use of these phones were tightened after the Pakistani terrorists who attacked Mumbai in November 2008 used these devices to keep in touch with their Lashkar-e-Taiba handlers.

— Narendra Singh Rawat, station house officer of Govind Ghat police station in Chamoli said the executive, Fergus MacLeod, was arrested under sections of the Indian Telegraph Act and the Indian Wireless Telegraphy Act.

What do these rules say?

— Section 6 of The Indian Wireless Telegraphy Act, 1933 makes it illegal to possess “any wireless telegraphy apparatus, other than a wireless transmitter, in contravention of the provisions of section 3 [of the Act]”. Section 3 says “no person shall possess wireless telegraphy apparatus” without a licence “save as provided by Section 4”.

— The Section 4 of the Act allows the central government to make rules under the Act to “exempt any person or any class of persons from the provisions of this Act either generally or subject to prescribed conditions, or in respect of specified wireless telegraphy apparatus”.

— A notification on the website of the Department of Telecommunications says: “Satellite phones are permitted: (i) With specific permission/ NOC from Department of Telecommunications, Government of India; or (ii) As provisioned by M/s BSNL in accordance with license granted to M/s BSNL for provision and operation of satellite based service using Gateway installed in India.”

— Notifications posted on the websites of the Indian Embassy in several countries around the world specify that “Use of Thuraya/Iridium satellite phones is unauthorized/illegal in India”, and that “any passenger carrying satellite phone(s) via baggage is required to declare the same to Customs on arrival and produce permission for use from the concerned authority.”

— Also, the notifications say, “any individual found to be in possession of an unauthorized satellite phone in India is liable to be prosecuted as per Indian law, and all unauthorized sets found in possession of the individual will be seized by Indian law enforcement agencies”.

— Therefore, “visitors and tourists traveling to India are advised to comply with Indian laws and not bring in or use satellite phones in India without obtaining specific permission from the concerned authorities.”

How does a satellite phone work?

— Satellite connectivity relies on satellites — rather than cell phone towers, which provide connectivity to regular cell phones. Satellite phones work in remote areas where there are no cell phone towers and therefore, no cellular connectivity. Satellite (or sat) phones usually cover most of the planet with fairly robust connectivity.

Can you get a sat phone for yourself?

— Theoretically, yes, as long as they are allowed by law, and the requisite permissions have been obtained. If you need to use a satellite phone inside the country, you must purchase it in India from an authorised distributor.

— But then, having one would make sense only if you really need one.

— For one, sat phones are much more expensive than regular cell phones. The device may cost around $1,000 or more, and monthly/yearly plans can cost hundreds of dollars each year. The talk-time with these plans is limited, so using the phone for longer means shelling out more. People and companies who need these phones often choose to rent them — say, for the duration of their stay in a remote location during a vacation.

— There are a few well known satellite connectivity providers. These are Iridium, Inmarsat, Thuraya and Globalstar. Each sat phone device works only with a specific provider — which means a Thuraya phone will not work on the Iridium network.

Point to ponder: Satellite communications to play key role in driving India’s tech ambitions, internet reach. Discuss.

3. MCQ:

— The NBDSA, which adjudicates upon complaints about news broadcasts, said it did not have any problem with the subject but with the narrative of the debate. In its order, the NBDSA noted that it was permissible for the broadcaster to have a debate on students wearing hijab in educational institutions.

— This is not the first time a channel has seen a complaint against it through the NBDSA, and though it is not a government or legal organisation, its rulings matter within the industry.

KEY TAKEAWAYS

What is the News Broadcasting & Digital Standards Authority (NBDSA)?

— The NBDSA is an independent body set up by the News Broadcasters & Digital Association (NBDA), which serves as a representative of private television news, current affairs and digital broadcasters. It describes itself as “the collective voice of the news, current affairs and digital broadcasters in India.”

— Funded entirely by its members, the NBDA has 26 news and current affairs broadcasters (comprising 119 news and current affairs channels) as its members. Various senior members of Indian media organisations serve on its Board of Directors.

— Apart from presenting a unified front, it carries out activities “to promote, protect and secure the interests including the right of freedom of speech and expression of the news broadcasters, digital news media and other related entities.”

— It shares developments in the industry with members, provides a space for achieving common goals and consensus and aims to protect all its members from persons carrying “unfair and/or unethical practices or who discredit the television news broadcasters, digital news media and other related entities,” according to its stated objectives.

How does the NBDSA function, and what powers does it have?

— Within this structure, the NBDSA has to “lay-down and foster high standards, ethics and practices in news broadcasting, including entertaining and deciding complaints against or in respect of broadcasters”. These standards mention a focus on objectivity, impartiality, maintaining discretion when reporting on crime against women and children, not endangering national security, etc.

— The body includes a Chairperson who is to be an eminent jurist, and other members such as news editors, and those experienced in the field of law, education, literature, public administration, etc. nominated by a majority of the Board. Former Supreme Court judge and jurist AK Sikri is currently serving as the Chairperson.

— The Authority may initiate proceedings on its own and issue notice or take action in respect to any matter which falls within its regulations. This can also be through complaints referred to the Authority by the Ministry of Information & Broadcasting or any other governmental body, or by anyone else via its website

— A “two-tier” procedure is in place for redressing grievances, where any person aggrieved by the content of any broadcast is required to first make a complaint to the concerned broadcaster and if they are not satisfied by the redress, a complaint can be filed before the Authority.

— Those cases which have already been taken to court cannot be complained against. Within 14 days from the date of receipt of a complaint, the Authority will issue notice to the concerned broadcaster to show cause why action should not be taken under the regulations. An inquiry is held in which proof, documents, and people can be called in by the authority. If the complainant or the respondent does not get back to the Authority, the complaint can be set aside.

— The NBDSA may, for reasons to be recorded in writing, warn, censure, express disapproval against and/or impose a fine upon the broadcaster. It can also recommend to the concerned authority for suspension/revocation of the license of such broadcaster. The fine imposed by the Authority shall not exceed Rs. 1 lakh and such fine shall be recovered from the concerned broadcaster.

(source: What is the News Broadcasting & Digital Standards Authority? by Rishika Singh )

Point to ponder: What should be the Code of Ethics for Media?

4. MCQ:

Which of the following statements is/are not true with respect to News Broadcasting & Digital Standards Authority (NBDSA)?

1. The NBDSA is an independent body set up by the News Broadcasters & Digital Association (NBDA).

2. It is funded entirely by Ministry of Information and Broadcasting, Government of India.

a) Only 1                                    b) Only 2

c) Both 1 and 2                         d) Neither 1 nor 2