UPSC Key: India-China Relations, MSP, and Same-Sex Marriage

Mains Examination: General Studies-II: India and its neighbourhood- relations, Bilateral, regional and global groupings and agreements involving India and/or affecting India’s interests.

What’s the ongoing story: Marking a major diplomatic breakthrough after the disengagement process between India and China was completed last November, New Delhi and Beijing decided on a slew of measures to improve bilateral exchanges: resuming Kailash Mansarovar Yatra in the summer this year; restoring direct flights between the two capitals; issuing visas for journalists and think tanks, and working towards sharing trans-border river data, an official statement from the Ministry of External Affairs said Monday.

Key Points to Ponder:

• What is the history of India-China relations?

• Standoff between India and China- Know about it. 

• What are the areas of cooperation and conflict between India and China?

• What are the internal security challenges along the LAC?

• India-China Border Dispute- Know the background

• Know the terms ‘De-induction’ ‘Disengagement’ and ‘De-escalation’?

• Map Work: Line of Control, Line of Actual Control, Chang Chenmo river, Gogra-Hot Springs, Kongka Pass, Galwan Valley, Depsang Plains, and Charding Nala region

Key Takeaways:

• Recalling the agreement between Prime Minister Narendra Modi and President Xi Jinping at their meeting in Kazan in October, the MEA said that the two sides “reviewed the state of India-China bilateral relations comprehensively” and “agreed to take certain people-centric steps to stabilize and rebuild ties”.

• While there was no mention of the border situation in the Indian statement, it said, “It was agreed to resume these dialogues step by step and to utilize them to address each other’s priority areas of interest and concern.”

• This is an oblique reference to the border situation, with no specific timelines and pathway to de-escalation and de-induction of troops.The MEA official statement said: “The two sides decided to resume the Kailash Mansarovar Yatra in the summer of 2025; the relevant mechanism will discuss the modalities for doing so as per existing agreements. 

• They also agreed to hold an early meeting of the India-China Expert Level Mechanism to discuss resumption of provision of hydrological data and other cooperation pertaining to trans-border rivers.

• The Foreign Secretary’s visit is a move to repair damaged bilateral ties after Chinese incursions in 2020 triggered a military standoff along the Line of Actual Control (LAC) in eastern Ladakh.

Do You Know:

• The Line of Actual Control (LAC) is the demarcation that separates Indian-controlled territory from Chinese-controlled territory. India considers the LAC to be 3,488 km long, while the Chinese consider it to be only around 2,000 km. It is divided into three sectors: the eastern sector which spans Arunachal Pradesh and Sikkim, the middle sector in Uttarakhand and Himachal Pradesh, and the western sector in Ladakh.

• The alignment of the LAC in the eastern sector is along the 1914 McMahon Line, and there are minor disputes about the positions on the ground as per the principle of the high Himalayan watershed. This pertains to India’s international boundary as well, but for certain areas such as Longju and Asaphila. The line in the middle sector is the least controversial but for the precise alignment to be followed in the Barahoti plains.

Other Important Articles Covering the same topic:

📍Explained: China-India state of play

📍Jaishankar flags challenge from China, ‘weaponisation’ of market instruments

Previous year UPSC Prelims Question Covering similar theme:

(1) “Belt and Road Initiative” is sometimes mentioned in the news in the context of the affairs of : (UPSC CSE 2016)

(a) African Union

(b) Brazil

(c) European Union

(d) China

Previous year UPSC Mains Question Covering similar theme:

📍‘China is using its economic relations and positive trade surplus as tools to develop potential military power status in Asia’, In the light of this statement, discuss its impact on India as her neighbour. (UPSC CSE GS2, 2017)

📍With respect to the South China sea, maritime territorial disputes and rising tension affirm the need for safeguarding maritime security to ensure freedom of navigation and over flight throughout the region. In this context, discuss the bilateral issues between India and China. (UPSC CSE GS2, 2014)

EDITORIAL

The quality of growth

Syllabus:

Preliminary Examination: Economic and Social Development – Sustainable Development, Poverty, Inclusion, Demographics, Social Sector Initiatives, etc.

Mains Examination: General Studies-III: Indian Economy and issues relating to planning, mobilisation, of resources, growth, development and employment.

What’s the ongoing story: Prashant Jain writes: “Compound interest is the eighth wonder of the world. He who understands it, earns it; he who doesn’t, pays it.” These words of Albert Einstein apply not just to investments but to economic growth as well.

Key Points to Ponder:

• What is the impact of high borrowings on the budget of a country?

• What are the various components of the budget?

• What is the current account deficit?

• What is debt-fuelled growth?

• What is the marshmallow test?

• What is the China+1 strategy?

• What are the factors impacting growth in India?

Key Takeaways:

•  A six per cent real growth for 20 years should conservatively increase India’s GDP per capita to $10,000 from $2,650 by 2045. A majority of Indians should live to see that day given that 63 per cent of the population is below 50 years of age. Even a 5.5 per cent real growth rate will take us there, but in 22 years. Whether it happens by 2045 or 2047 makes little difference in a nation’s journey. The key is to get there.

• There have been countries that have delivered high growth fuelled by high borrowings, only to witness sharp slowdowns and/or restructuring in the future.

• Recently, concerns have been raised about a moderation of growth in India. It is common knowledge that Indian household indebtedness has gone up. Our forefathers typically borrowed only for emergencies or for acquiring appreciating assets. This has given way in current times to borrowing also for depreciating assets and experiences.

• Click-driven EMIs, the influence of social media, the coming of stores to our homes courtesy of e-commerce, and the lack of incentive for cash down purchases over EMIs in many cases, have enabled this.

• Given the rising indebtedness of households, as also evident in rising retail NPAs, steps to slow the growth in personal loans are welcome and these are showing results. This could be one reason for a temporary slowdown in consumption, but this also sets the base for more sustainable growth in the future.

• The long-term impact of debt-fuelled consumption should be carefully evaluated. An EMI, while it brings a high-end gadget/experience within reach of a lower-income person, also habituates them to these for life. It is debatable whether this impacts life positively or not.

• The second factor that could be impacting growth is the continued strength of Chinese exports. While China+1 is a favourable development, the results will be slow to come as a lot of work needs to be done before India can become a meaningful alternative.

• Given our relatively small but decent manufacturing footprint, the government’s supportive role and favourable geopolitical status, India should be able to increase its share of manufacturing. However, we should not be complacent and be aware that progress is going to be slow and tedious.

• Apart from these, there are a few other temporary challenges like the rising US interest rates, the low yield gap between India and the US at around 2.2 per cent, the strength of the US dollar and a sharp fall in net FDI.

• Stock markets, too, seem to have taken the narrative of sustained economic growth and a likely acceleration in the same to an excess. This is especially true for small/mid-caps.

• Investors would do well to remember the golden words of the American investor John C Bogle: “Reversion to the mean is the iron rule of the financial markets.”

Do You Know:

• The Ministry of Statistics and Programme Implementation (MoSPI) released what are called the “First Advance Estimates” (FAEs) of India’s GDP growth in the current financial year that will end in March (2024-25 or FY25).

• According to MoSPI, India’s nominal GDP is expected to be Rs 324 lakh crores by March-end. This is a growth of 9.7 percent over the last financial year (FY24). The GDP is essentially the monetary measure of all the goods and services produced within India’s borders in a year. It provides the size of the Indian economy.

• GDP is calculated by adding up all the money spent in the economy. To understand this one has to look at the four main categories in which all spending is categorised; these can be seen as the four engines of GDP growth in the economy.

• Spending by people in their individual capacity: Technically this is called Private Final Consumption Expenditure (PFCE). It accounts for almost 60% of India’s GDP.

• Spending by governments to meet daily expenditures such as salaries: This is Government Final Consumption Expenditure (GFCE). It is the smallest engine, accounting for around 10% of GDP.

• Spending towards boosting the productive capacity of the economy (also called investments in this context: This could be in the form of governments making roads, companies building factories or buying computers for their offices etc. This is called Gross Fixed Capital Formation (GFCF), and is the second-largest engine of growth that typically accounts for 30% of the GDP.

• Net exports or net spending as a result of Indians spending on imports and foreigners spending on Indian exports: Since India typically imports more than it exports, this engine drags down India’s overall GDP, and shows up with a minus sign.

Other Important Articles Covering the same topic:

📍ExplainSpeaking: What the latest GDP estimates tell about the state of India’s economy

📍GDP growth seen at 4-year low of 6.4% on weak manufacturing and investment

Previous year UPSC Prelims Question Covering similar theme:

(2) Economic growth in country X will necessarily have to occur if (UPSC CSE 2013)

(a) there is technical progress in the world economy

(b) there is population growth in X

(c) there is capital formation in X

(d) the volume of trade grows in the world economy

Previous year UPSC Mains Question Covering similar theme:

It is argued that the strategy of inclusive growth is intended to meet the objectives of inclusiveness and sustainability together. Comment on this statement. (2019)

MSP is not enough

Syllabus:

Preliminary Examination: Economic and Social Development – Sustainable Development, Poverty, Inclusion, Demographics, Social Sector Initiatives, etc.

Mains Examination: General Studies-II: Government policies and interventions for development in various sectors and issues arising out of their design and implementation

General Studies III: Indian Economy and issues relating to planning, mobilisation, of resources, growth, development and employment.

What’s the ongoing story: Shoumitro Chatterjee writes: The debate about instituting a legally binding Minimum Support Price (MSP) for crops is both narrow and counterproductive. While it aims to address farmers’ challenges, it overlooks complexities that can exacerbate rural poverty and destabilise agricultural markets.

Key Points to Ponder:

• What is MSP? Is it legally binding on the government?

• What is the Universal Basic Income (UBI)?

• What is the significance of the Public Distribution System (PDS)?

• What is the PM-AASHA?

• What are the pros and cons of MSP?

• What are the issues related to the agricultural sector in India?

Key Takeaways:

• The two best policy instruments to address these are income support and price deficiency payments to ensure stable rural incomes and expanded and decentralised public procurement at market prices for production and consumption diversification.

• First, the baseline safety net should be a targeted quasi-Universal Basic Income (q-UBI) for rural households, as the former chief economic advisor, Arvind Subramanian, proposed. This support would extend PM-Kisan beyond cultivators.

• MSP-driven frameworks ignore the reality that rural livelihoods extend beyond cultivators. For example, thousands of rural citizens earn their livelihoods as traders and are the backbone of our agricultural supply chains. An artificially high MSP combined with depressed retail prices undermines their livelihoods.

• In addition to q-UBI, price deficiency payments can insulate farmers from extreme price shocks while maintaining market discipline. For instance, when crop prices in a district drop drastically, farmers there could be compensated for a fraction — say 30 per cent of the average loss. This shields farmers from extreme volatility while incentivising market adaptability.

• Second, public procurement must evolve and be rationalised to reflect changing demand patterns. State governments, with central funding, should expand their procurement portfolios to include a broader range of crops for the Public Distribution System (PDS), mid-day meals, and other welfare schemes.

• Programmes like PM-AASHA already allow for decentralised procurement, but states must take the lead in implementation. The central government should not be held accountable for states failing to operationalise these frameworks effectively.

• PM-AASHA puts a cap on procurement and incorporates this principle. It can be tailored further to ensure the Centre pays a consumer subsidy only if the procured crops are utilised in welfare programmes.

• The demand for a legally binding MSP stems from years of ignoring the farmers on various counts such as inadequate crop insurance and suppressed prices due to export restrictions.

• However, by focusing solely on MSP, we risk missing the opportunity to implement a more comprehensive and dynamic policy framework.

Do You Know:

• During each cropping season, the government announces minimum support prices for 23 crops. Simply put, the MSP for a crop is the price at which the government is supposed to procure/buy that crop from farmers if the market price falls below it.

• As such, MSPs provide a floor for market prices, and ensure that farmers receive a certain “minimum” remuneration so that their costs of cultivation (and some profit) can be recovered.

• The MSPs serve one more policy purpose. Using them, the government incentivises the production of certain crops, thus ensuring that India does not run out of staple food grains.

• Typically, MSPs create the benchmark for farm prices not just in those commodities for which they are announced, but also in crops that are substitutes.

Other Important Articles Covering the same topic:

📍What are MSPs, and how are they decided?

📍Why guaranteeing MSP is essential for farmers and India

Previous year UPSC Prelims Question Covering similar theme:

(3) Consider the following statements: (UPSC CSE 2020)

1. In the case of all cereals, pulses and oil-seeds, the procurement at Minimum Support Price (MSP) is unlimited in any State/UT of India.

2. In the case of cereals and pulses, the MSP is fixed in any State/UT at a level to which the market price will never rise.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Previous year UPSC Mains Question Covering similar theme:

Given the vulnerability of Indian agriculture to vagaries of nature, discuss the need for crop insurance and bring out the salient features of the Pradhan Mantri Fasal Bima Yojana (PMFBY).

 

EXPLAINED

India’s ties with Indonesia

Syllabus:

Preliminary Examination: Current events of national and international importance

Mains Examination: General Studies-II: India and its neighbourhood- relations, and Bilateral, regional and global groupings and agreements involving India and/or affecting India’s interests.

What’s the ongoing story: India and Indonesia signed pacts on maritime security, health, traditional medicine, culture and digital cooperation on Saturday as Prime Minister Narendra Modi met Indonesia President Prabowo Subianto at Hyderabad House in New Delhi.

Key Points to Ponder:

• What is the history of India-Indonesia relations?

•  What is the significance of Indonesia for India?

• Read about the Non-Aligned Movement. 

•  What are the areas of cooperation and conflict between India and Indonesia?

• Read about the ‘Look East’ policy. 

•  What is India’s ‘Act East Policy’?

• What is the significance of the Indo-Pacific for India?

• Map work: Location of Indonesia (Refer Atlas)

Key Takeaways:

• In the 75 years between Sukarno and Prabowo being chief guests at the Republic Day celebrations, the relationship between the two countries has seen its share of highs and lows.

• After starting on a high in the late 1940s, on the backs of a common commitment against imperialism and shared democratic principles, ties took a nosedive in the 1960s as Indonesia cozied up to China and Pakistan. Things were better but still not great in the Suharto years.

• Relations truly took off only in the 1990s, when the P V Narasimha Rao government adopted the ‘Look East’ policy. But there is scope for better ties still.

• The shared experience of colonialism, and common post-colonial goals of political sovereignty and economic self-sufficiency drove India’s friendly bilateral relationship with Indonesia in the late 1940s and 1950s. Jawaharlal Nehru was among the foremost global statesmen in support of Indonesian independence during the National Revolution (1945-49).

• After the Dutch formally recognised Indonesian independence in December 1949, Sukarno, the first President of Indonesia, was naturally thankful for India’s support. He wrote in an article published in The Hindu on January 5, 1950: “On the eve of the rebirth of our nation, I am trying vainly to measure the gratitude of the Indonesian people to India and to her Prime Minister personally for the unflinching and brotherly support in our struggle in the past.”

• Sukarno arrived in New Delhi later that month, and was given the honour of being the chief guest at the first Republic Day celebrations in 1950. Nehru would reciprocate with a state visit to Indonesia a few months later. This set off roughly a decade of cordiality — trade grew steadily, while cultural and military cooperation blossomed. 

• In March 1951, India and Indonesia signed a Treaty of Friendship which aimed at “perpetual peace and unalterable friendship” between the two countries.

• But India’s friendship with Indonesia did not remain “unalterable” for long. Cracks began to emerge in 1959, and ties took a nosedive in the 1960s.

• This was largely due to a divergence in New Delhi’s and Jakarta’s respective relations with Beijing. Both India and Indonesia viewed communist China as an anti-imperial ally in the early 1950s. By the time of the Tibetan uprising of 1959, however, India’s relationship with its eastern neighbour had deteriorated significantly. The same was not true for Indonesia.

• When China invaded India in 1962, Indonesia showed little sympathy — let alone solidarity — with its fellow NAM member. And while ties with New Delhi deteriorated, Jakarta drifted closer to Islamabad. Relations truly took off only in the 1990s, when the P V Narasimha Rao government launched the ‘Look East’ policy. 

• The ‘Look East’ policy was born in these circumstances with a view to bolster India’s ties with Southeast Asian countries, which at the time were emerging as some of the fastest-growing economies in the world. In 2014, the Narendra Modi government took things to the next level by instituting the more project- and outcome-oriented ‘Act East’ policy.

Do You Know:

• India-Indonesia bilateral ties were elevated to a Comprehensive Strategic Partnership when Prime Minister Modi paid an official visit to Indonesia in 2018. During that visit, the Shared Vision of India-Indonesia Maritime Cooperation in the Indo-Pacific was also adopted.

• Since the adoption of India’s ‘Look East Policy’ in 1991, and its upgradation to ‘Act East’ in 2014, there has been a rapid development of bilateral relations. Indonesia chaired the G20 Presidency in 2022, followed by India in 2023. 

• Indonesia today is the second largest trading partner of India in the ASEAN region (after Singapore). Bilateral trade increased from $4.3 billion in 2005-06 to $38.84 billion in 2022-23 and $29.40 billion in 2023-24.

• India is the second largest buyer of coal and largest buyer of crude palm oil from Indonesia, and imports minerals, rubber, pulp and paper, and hydrocarbons reserves. India exports refined petroleum products, commercial vehicles, telecommunication equipment, agriculture commodities, bovine meat, steel products, and plastics to Indonesia.

Other Important Articles Covering the same topic:

📍Maritime to digital: India and Indonesia lean on history to forge future

📍Express View on Indonesian president’s Republic Day visit: Delhi must reboot ties with Jakarta

Previous year UPSC Mains Question Covering similar theme:

📍How far are India’s internal security challenges linked with border management particularly in view of the long porous borders with most countries of South Asia and Myanmar? (UPSC CSE 2013)

Why Jordan, Egypt don’t want Gaza refugees

Syllabus:

Preliminary Examination: Current events of national and international importance

Mains Examination: General Studies-II: Bilateral, regional and global groupings and agreements involving India and/or affecting India’s interests, Effect of policies and politics of developed and developing countries on India’s interests.

What’s the ongoing story: US President Donald Trump on Saturday told reporters that he would like Egypt and Jordan to “take” Palestinian refugees to “just clean out” the Gaza Strip.  “You’re talking about a million and half people, and we just clean out that whole thing,” he said. Both Egypt and Jordan immediately and firmly opposed the idea. 

Key Points to Ponder:

• What is the historical background of the Israel-Palestine conflict?

• What is Article 11 of UN Resolution 194?

• Know the key highlights of the ceasefire agreement between Israel and Hamas.

• How will the ceasefire agreement between Israel and Hamas impact regional stability in the Middle East?

• How has Israel historically addressed the issue of Palestinian refugees?

• What are the positions of Jordan and Egypt regarding accepting Palestinian refugees?

• What are the socio-economic impacts of prolonged hostilities in Gaza on the civilian population?

• What is the significance of West Asia for India?

• Map work: Location of Jordan, Egypt, Israel, West Bank, Gaza strip and other locations in news related to the Israel-Hamas conflict.

Key Takeaways:

• Around 90% of Gaza’s 2.3 million residents have been displaced since October 2023, when Israel began its assault on the tiny strip of land. This is in addition to the millions of Palestinians displaced from Palestine since the creation of Israel in 1948.

• According to Article 11 of UN Resolution 194 from 1948, all refugees have the right to return home if they are willing to live peacefully with their neighbours. However, that has not prevented Israel from advocating for re-settling Palestinians in the past. At least since the first Arab-Israeli War of 1967, won by Israel, it has sought to deepen control over the West Bank by settling communities in violation of international law.

• Put simply, allowing Palestinians to return to their native lands undermines Israeli claims to statehood. Similarly, Palestinians fear that if they were to leave the region in large numbers, they would only further embolden Israel to take control of more territory, and undermine Palestine’s claims over the land.

• Jordan, which borders Palestine on the East, and Egypt, bordering it towards the south, have both rejected offers to take in more Palestinian refugees. Though they have diplomatic relationships with Israel, they also support a two-state solution to the Israel-Palestine conflict.

• Egyptian President Abdel Fattah el-Sissi said in 2023 that such a migration would also help in “eliminating” the Palestinian cause. Further, he argued, the presence of Palestinian militants could pose a security challenge for Egypt. He said Egypt’s Sinai Peninsula, which borders Gaza, “would become a base for attacks on Israel. Israel would have the right to defend itself… and would strike Egyptian territory.”

Do You Know:

• After 15 months of devastating war between Israel and Hamas, a ceasefire marks a critical moment in a conflict that has reshaped West Asia. The agreement, brokered through months of painstaking diplomacy by Egypt, Qatar, and the United States, aims to halt the bloodshed and initiate a release of hostages held by Hamas in exchange for Palestinian prisoners held by Israel.

• During a 42-day first phase beginning Sunday, Hamas will release 33 hostages and Israel will release between 900 and 1,650 Palestinian detainees, including all of those detained since October 7, 2023.

• The IDF will withdraw from central Gaza and the Netzarim Corridor — a 2-4-km-wide security clearing that it has created, cutting Gaza in half up to the Mediterranean — and eventually from the Philadelphi Corridor, the buffer zone along the Gaza-Egypt border.

• Negotiations for a second phase will begin on the 16th day after the ceasefire comes into effect, and is expected to produce almost a full Israeli withdrawal from the Strip, and the release of all remaining hostages by Hamas in return for a yet-to-be-decided number of Palestinian detainees.

Other Important Articles Covering the same topic:

📍Trump wants Jordan, Egypt to accept more refugees, floats plan to ‘clean out’ Gaza

📍What are the key takeaways from the Israel-Hamas ceasefire agreement?

📍Israel-Hamas ceasefire kicks in, with a new hope of peace for Gaza

Previous year UPSC Prelims Question Covering similar theme:

(4) The term “two-state solution” is sometimes mentioned in the news in the context of the affairs of (UPSC CSE 2018)

(a) China

(b) Israel

(c) Iraq

(d) Yemen

 

THE IDEAS PAGE

The answer lies to the East

Syllabus:

Preliminary Examination: Current events of national and international importance

Mains Examination: General Studies-I: Salient features of Indian Society, Diversity of India.

What’s the ongoing story: Ruth Vanita writes: India is by no means the worst Asian country to live in a same-sex union. In many Asian countries, one can be legally imprisoned or even executed if discovered to have engaged in same-sex relations. India, the largest democracy in the world, however, is not the best Asian country either for those who are married to a person of the same sex.

Key Points to Ponder:

• What is the significance of marriage for Indian society?

• What is the status of same-sex marriage in India?

• What is the Supreme Court judgment on same-sex marriage?

• What is the Special Marriage Act?

• Is the right to marry a fundamental right?

Key Takeaways:

• I use the word “married” to refer to the many religious but not legally recognised marriages Indian same-sex couples enter into because, in 2023, the Supreme Court refused to protect same-sex marriage rights and, in 2025, it turned down a review petition.

• In March 2024, Thailand’s House of Representatives voted by a vast majority (400 to 10) to ratify same-sex marriage, and in June, the Senate voted similarly (130 to 4). In August, King Vajiralongkorn gave his assent. Thailand is now the largest Asian country to have legalised same-sex marriage.

• The first Asian country to legalise same-sex marriage was Taiwan. In 2017, Taiwan’s Constitutional Court ruled that the constitutional right to equality and freedom of marriage gives same-sex couples the right to marry.

• In India, same-sex couples have been getting married by Hindu rites since at least 1987 when policewomen Leela Namdeo and Urmila Srivastava’s marriage made headlines. That was much before same-sex marriage was legal anywhere in the world.

• Despite the evidence that same-sex unions have existed throughout history in every culture, including India, the myth persists that the idea of same-sex marriage is a Western import.

• Ironically, the Supreme Court, in its 366-page-long judgment, combated the myth. The Justices quoted details and cases of marriage from Love’s Rite and from the media, and acknowledged that same-sex marriage is not imported from the West and is part of Indian culture and society because people inclined to same-sex relations are Indians too.

• The Supreme Court refused to even grant domestic partnership to same-sex couples, which would have given them some but not all the rights of marriage. Therefore, two Indians of the same sex who have been together for 40 years cannot make medical or funeral decisions for each other…

• Indians legally married to same-sex spouses in other countries are in the strange position of having two legal statuses. They are married in some countries, such as Thailand or Argentina, but single in India.

• But India is also one of the very few functioning democracies that recognises the diversity of marriage practices for minorities in a way that most functioning democracies do not. But despite the Supreme Court having stated that it is up to the legislature to legalise same-sex marriage, the Indian Parliament has not followed the examples of Thailand and Taiwan to grant marriage equality to this particular minority.

Do You Know:

• A five-judge bench of the Supreme Court that was headed by Chief Justice of India DY Chandrachud, unanimously ruled against legalising same sex marriage in India in 2023.

• The CJI added that the SC cannot strike down the provisions of the Special Marriage Act (SMA) or read words differently. The focus of the petitions filed is the gender-neutral interpretation of the SMA. It is a secular legislation designed to facilitate inter-caste and inter-faith marriages.

• Justice Kaul said the legal recognition of civil unions for non-heterosexual couples represents a step towards marriage equality. But all five judges agreed that there is no fundamental right to marry and in a majority verdict, the court has ruled against same-sex marriage.

Other Important Articles Covering the same topic:

📍SC verdict on same sex marriages

Previous year UPSC Mains Question Covering similar theme:

Do you think marriage as a sacrament is loosing its value in Modern India? (2023)

 

GOVT & POLITICS

SC criticises reluctance of high courts and trial courts in granting bail

Syllabus:

Preliminary Examination: Current events of National importance, Polity and Governance

Mains Examination: General Studies-II: Functions and responsibilities of various Constitutional Bodies.

What’s the ongoing story: Giving bail to a Muslim cleric accused of converting a mentally challenged minor boy, the Supreme Court on Monday criticised the reluctance of trial courts and high courts to exercise their discretionary power to grant bail. 

Key Points to Ponder:

• Know about the rights provided to arrested persons under the constitution of India.

• What are the different kinds of bail?

• What is the significance of Article 21?

• What are the provisions related to bail in the constitution?

• What do you understand by bail is the rule and jail is the exception?

• What is the significance of judicial discretion in granting bail under Section 439 of the CrPC?

• How does the judiciary balance individual rights with public interest in bail matters?

• What is the role of the Supreme Court in setting precedents for lower courts on matters of bail?

Key Takeaways:

• The top court was hearing a petition by Maulvi Syed Shad Kazmi alias Mohd Shad, challenging the Allahabad HC’s order refusing him bail. In custody for 11 months now, he was earlier denied bail by a trial court as well. He was booked under the relevant sections of the IPC and the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021.

• “There was no good reason for the high court to decline bail. The offence alleged is not that serious or grave like murder, dacoity, rape etc,” the top court said.

• The court said it was “conscious of the fact that grant of bail is a matter of discretion,” but that it has to be “exercised judicially keeping in mind the well-settled principles of grant of bail.”

• The bench said that “every year so many conferences, seminars, workshops etc. are held to make the trial judges understand how to exercise their discretion while considering a bail application as if the trial judges do not know the scope of Section 439 of the CrPC or Section 483 of the BNSS.”

Do You Know:

• The CrPC does not define the word bail but only categories offences under the Indian Penal Code as ‘bailable’ and ‘non-bailable’. The CrPC empowers magistrates to grant bail for bailable offences as a matter of right. This would involve release on furnishing a bail bond, without or without security. 

• Non-bailable offences are cognisable, which enables the police officer to arrest without a warrant. In such cases, a magistrate would determine if the accused is fit to be released on bail.

Other Important Articles Covering the same topic:

📍Explained: The bail law and Supreme Court call for reform

UPSC Prelims Practice Question Covering similar theme:

(5) What is the primary purpose of granting bail in a judicial system?

(a) To ensure punishment for the accused

(b) To prevent overcrowding in prisons

(c) To uphold the presumption of innocence until proven guilty

(d) To ensure deterrence against crime

 

ECONOMY

Usage of copyright content: Digital news publishers join legal battle against OpenAI

Syllabus:

Preliminary Examination: Current events of national and international importance

Mains Examination: General Studies-III: Awareness in the fields of IT, Space, Computers, robotics, nano-technology, bio-technology and issues relating to intellectual property rights

What’s the ongoing story: A group of digital news publishers in India have filed an intervention in the Delhi High Court, joining an ongoing proceeding against OpenAI for improperly using copyright content. The intervention was filed by the Digital News Publishers Association (DNPA), along with some of its members, which include The Indian Express, Hindustan Times and NDTV.

Key Points to Ponder:

• What is copyright? How is it different from a trademark?

• What are the laws related to copyright in India?

• What is the issue of copyright in AI?

• What is the responsible use of AI?

Key Takeaways:

• The intervention is part of a case filed first against the generative artificial intelligence (AI) company by news agency ANI last year, accusing OpenAI of unlawfully using Indian copyrighted material to train its AI models.

• The DNPA contended that companies like OpenAI have developed large language models (LLMs) by “training” on vast quantities of text, including, without a licence or permission, copyright-protected works.

• The news publishers’ group also said that OpenAI’s actions and AI models lack sufficient transparency and disclosure.

• The Federation of Indian Publishers (FIP), a grouping of domestic publishers and their international partners, has also filed an intervention application in the case.

• OpenAI has previously argued that any order to remove training data powering its ChatGPT service would be inconsistent with its legal obligations in the United States. The company has repeatedly denied the allegations, saying its AI systems make fair use of publicly available data.

• OpenAI is facing a number of similar lawsuits in other jurisdictions as well. In December 2023, The New York Times sued the company and Microsoft, citing “unlawful” use of copyrighted content.

Do You Know:

• A copyrighted work will be considered “infringed” only if a substantial part is made use of without authorisation. In cases of infringement, the copyright owner can take legal action against any person who infringes on or violates their copyright and is entitled to remedies such as injunctions, damages, and accounts. An injunction is “an official order given by a law court, usually to stop someone from doing something.”

• Section 52 lists acts that don’t constitute infringement, even in cases where one has a copyright over the work. Section 52(1)(a) exempts “a fair dealing with any work” from being termed “infringement” if it’s for private or personal use, like research, criticism or review, or reporting of current events and affairs.

• Similarly, Section 52(1)(h) exempts the publication of short passages from published literary or dramatic works in a collection intended for bona fide or genuine instructional use.

Other Important Articles Covering the same topic:

📍Copyright Act — the focus of Dhanush-Nayanthara dispute

Previous year UPSC Prelims Question Covering similar theme:

(6) Consider the following statements: (UPSC CSE 2019)

1. According to the Indian Patents Act, a biological process to create a seed can be patented in India.

2. In India, there is no Intellectual Property Appellate Board.

3. Plant varieties are not eligible to be patented in India.

Which of the statements given above is/are correct?

(a) 1 and 3 only

(b) 2 and 3 only

(c) 3 only

(d) 1, 2 and 3

 

 

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