Can’t legislate on Women’s Marriage Age: Supreme Court

According to the Supreme Court, the legislative, not the court, should decide whether there should be a uniform minimum age for marriage for men and women.

The minimum age for marriage has always been a sensitive topic, particularly for women. In the face of strong opposition from religious and social conservatives, it was developed.

What laws govern marriage age in India?

Following laws prescribe/mention 18 and 21 years as the minimum age of consent for marriage for women and men respectively:

Special Marriage Act, 1954: It allows people from two different faith/religious backgrounds to come together in the bond of marriage

Sarda Act, 1978: Named after its sponsor Harbilas Sarda, a judge and a member of Arya Samaj, was eventually amended in 1978 to prescribe 18 and 21 years as the age of marriage for a woman and a man, respectively.

Prohibition of Child Marriage Act, 2006: It provides that the minimum age of marriage is 21 years in case of males, and 18 years in case of females.

Evolution of the idea: Age of Consent

The IPC enacted in 1860 criminalised sexual intercourse with a girl below the age of 10.

The provision of rape was amended in 1927 through The Age of Consent Bill, 1927, which declared that marriage with a girl under 12 would be invalid.

The law faced opposition from leaders including Lokmanya Tilak, who saw the British intervention as an attack to create rift within family intuitions in the name of equal rights.

A legal framework for the age of consent for marriage in India only began in the 1880s.

Central idea: Attainment of Majority

The minimum age of marriage is distinct from the age of majority which is gender-neutral.

An individual attains the age of majority at 18 as per the Indian Majority Act, 1875.

The law prescribes a minimum age of marriage to essentially outlaw child marriages and prevents the abuse of minors.

How this confers ‘Unequal Treatment’?

Articles 14 and 21 of the Constitution guarantee the right to equality and the right to live with dignity.

They are clearly violated by having different legal age for men and women to marry, argue activists.

Supreme Court rulings supportive to this

NALSA vs. Union of India, 2014: The Supreme Court while recognizing transgenders as the third gender said that justice is delivered with the “assumption that humans have equal value and should, therefore, be treated as equal, as well as by equal laws.”

Joseph Shine v Union of India, 2019: The Court decriminalized adultery and said that “a law that treats women differently based on gender stereotypes is an affront to women’s dignity.”

Contention over different legal standards

No rationale behind: There is no reasoning in the law for having different legal standards of age for men and women to marry.

More of religious decree: The laws are a codification of custom and religious practices.

Stereotype for male dominance: The Law Commission consultation paper has argued that having different legal standards “contributes to the stereotype that wives must be younger than their husbands”.

Promotes premature marriage of girl child: Women’s rights activists have argued that the law also perpetuates the stereotype that women are more mature than men and therefore, can be allowed to marry sooner.

Motherhood complexities: An early age of marriage, and consequent early pregnancies, also have impacts on nutritional levels of mothers and their children, and their overall health and mental wellbeing.

Other factors: Early marriage age has latent outcomes such as early dropouts from school, deprivation from higher education etc.

Why is the law being relooked at?

Prevalence of child marriage: Despite laws mandating minimum age and criminalizing sexual intercourse with a minor, child marriages are very prevalent in the country.

Bring gender-neutrality: From bringing in gender-neutrality to reduce the risks of early pregnancy among women, there are many arguments in favour of increasing the minimum age of marriage of women.

Protection from abuse: This will essentially outlaw premature girls marriages and prevent the abuse of minors.

Women empowerment: The decision would empower women who are cut off from access to education and livelihood due to an early marriage.

Policy measures in this regard: Jaya Jaitly Committee

In June 2020, the Ministry of WCD set up a task force to look into the correlation between the age of marriage with issues of women’s nutrition, prevalence of anaemia, IMR, MMR and other social indices.

The committee was to look at the feasibility of increasing the age of marriage and its implication on women and child health, as well as how to increase access to education for women.

Adopting Law: Setting a Standard Minimum Age for Marriage for Men and Women; Effectively Implementing and Enforcing Law: Getting Rid of Child Marriage and Discrimination Based on Gender

Taking on the root causes: Enhancing Women’s Participation, Expanding Access to Education and Healthcare, and Eliminating Discrimination and Violence Based on Gender

a coordinated multi-sectoral approach that includes the government, civil society, and academics from other religions.

Digital Personal Data Protection Bill: Need A Pre-legislative Consultation

A Digital Personal Data Protection (DPDP) Bill has been written by the Ministry of Electronics and Information Technologies. A data protection law must defend and strike a balance between peoples’ fundamental constitutional rights to their privacy and their right to knowledge. Sadly, this Bill falls short on both counts.

Why is data protection necessary?

India presently has over 750 million Internet users, and this number is only anticipated to rise in the coming years.

Data breaches: At the same time, India has some of the most common ones worldwide. Millions of Indians’ personal information continues to be vulnerable to exploitation, sale, and misuse without their agreement in the absence of a data protection law.

Individual privacy: Data monetization may happen at cost of individual privacy. The most sought-after datasets are those that contain sensitive personal data of individuals, ex. medical history, and financial data.

Lack of writ proceedings against corporate action: Unlike state action, corporate action or misconduct is not subject to writ proceedings in India. This is because fundamental rights are, by and large, not enforceable against private non-state entities. This leaves individuals with limited remedies against private.

DPDP Bill, 2022 is based on seven principles

According to an explanatory note for the bill, it is based on seven principles-

Lawful use: The first is that “usage of personal data by organisations must be done in a manner that is lawful, fair to the individuals concerned and transparent to individuals.”

Purposeful dissemination: The second principle states that personal data must only be used for the purposes for which it was collected.

Data minimisation: Bare minimum and only necessary data should be collected to fulfill a purpose.

Data accuracy: At the point of collection. There should not be any duplication.

Duration of storage: The fifth principle talks of how personal data that is collected cannot be “stored perpetually by default,” and storage should be limited to a fixed duration.

Authorized collection and processing: There should be reasonable safeguards to ensure there is “no unauthorised collection or processing of personal data.”

Accountability of users: The person who decides the purpose and means of the processing of personal data should be accountable for such processing.

Why the Bill must be put through a process of rigorous pre-legislative consultation?

Dilutes the provisions of the Right to Information (RTI) Act: The Bill seeks to dilute the provisions of the Right to Information (RTI) Act, which has empowered citizens to access information and hold governments accountable. It is behind the cloak of secrecy that the rights of individuals are most frequently abrogated, and corruption thrives.

Fails to safeguard right to privacy: Proposed Bill creates wide discretionary powers for the Central government and thus fails to safeguard people’s right to privacy.

For instance: Under Section 18, it empowers the Central government to exempt any government, or even private sector entities, from the provisions of the Bill by merely issuing a notification.

The Bill does not ensure autonomy of the Data Protection Board: Given that the government is the biggest data repository, it was imperative that the oversight body set up under the law be adequately independent to act on violations of the law by government entities. The Bill does not ensure autonomy of the Data Protection Board, the institution responsible for enforcement of provisions of the law.

Government direct control over the Data Protection Board: The Central government is empowered to determine the strength and composition of the Board and the process of selection and removal of its chairperson and other members.

Serious apprehensions of its misuse by the executive: The Central government is also empowered to assign the Board any functions under the provisions of this Act or under any other law.

Going digital by design fails to those who do not have meaningful access: The Bill stipulates that the Data Protection Board shall be ‘digital by design’, including receipt and disposal of complaints. As per the latest National Family Health Survey, only 33% of women in India have ever used the Internet. The DPDP Bill, therefore, effectively fails millions of people who do not have meaningful access to the Internet.

When this measure is passed into law, the government will have the authority to exempt not only government agencies but any organisation that is collecting user data from having to abide by its requirements.

India plans to export Solar Power

According to the report, India wants to become a net exporter of solar modules by 2026, thus the Ministry for New and Renewable Energy is striving to increase the nation’s solar module output.

How is India able to export solar energy on a net basis?

PV module production will increase: By 2026, Indian industry would be able to produce solar modules worth 100 GW yearly, assisting the nation in becoming a net exporter of solar energy.

Improved installation capacity: This will considerably help India reach its goal of constructing 500 GW of non-fossil energy capacity by 2030.

Issues with solar power sector

Ans. Reduced capacity

Slow pace: India had planned to install 175 GW of renewable energy by December 2022, including 100 GW of solar power, but has only achieved 122 GW, with solar power accounting for only 62 GW.

Huge cost: A key bottleneck has been the cost of solar modules (or panels).

Regressive import duties: While India has traditionally relied on China-made components such as poly-silicon wafers, necessary to make modules, higher customs duty on them has shrunk supply. This was done to make equivalent India-manufactured components more competitive.

Motive behind export promotion

Surplus generation: India need about 30-40 GW for our domestic purposes annually and the rest can be used for export.

Manufacturing boost: PLI scheme for polysilicone manufacturing is in place are designed to encourage the manufacturers of ingots and wafers in India.

What obstructs solar power growth in India?

Ans. Land crunch

Apart from module prices, land acquisition has been a major challenge for solar power manufacturers.

Despite the Centre commissioning 57 large solar parks worth 40 GW in recent years, only 10 GW have been operationalized.

Installing a megawatt of solar power requires on average four acres of land. So various developers face challenges in acquiring it and that’s one reason for the delay.

Various initiatives for solar energy in India

International Solar Alliance (ISA): India, along with France, launched the ISA in 2015, a global platform to promote the use of solar energy.

Solar Parks: The government has set up Solar Parks to provide land and infrastructure to developers for the installation of solar power projects.

Rooftop Solar Program: The government has launched a rooftop solar program to promote the installation of solar panels on rooftops of residential and commercial buildings.

Incentives and subsidies: The government has provided various incentives and subsidies to promote the adoption of solar energy, including tax exemptions, accelerated depreciation, and subsidies for capital costs.

Way forward

India has significant potential to become a major exporter of solar power. Here are some steps that can be taken to promote solar power export by India:

Increase domestic production: To promote solar power export, India needs to increase domestic production of solar panels and equipment. This can be achieved by providing incentives and subsidies to domestic manufacturers, reducing import duties on raw materials, and investing in research and development.

Focus on quality: Indian manufacturers need to focus on producing high-quality solar panels and equipment that can compete with products from other countries. The government can establish quality standards and certification programs to ensure that Indian-made products meet international quality standards.

Develop infrastructure: India needs to develop a robust infrastructure to support the export of solar power, including transportation, storage, and transmission facilities. The government can provide support for the development of this infrastructure, such as funding and regulatory support.

Partner with other countries: India can partner with other countries to promote the export of solar power. The International Solar Alliance, of which India is a founding member, can play a key role in this regard.

Telangana’s Teja Chilli is hot property in many nations

The Telangana Agricultural Market is benefiting from the growing demand for the well-liked Teja variety of red chilli, which is well-known for its culinary, medicinal, and other diverse purposes.

One of the hottest types of red chiles grown in India is called Teja or S17. (GI tag not yet granted.)

The chilli is well-known and adored throughout the nation for its intensely fiery flavour and potent scent.

The primary region for Teja or S17 red chilli production is southern India.

It is more pungent and spicy because to the 0.5–0.7% capsaicin concentration.

The key factor propelling the export of Teja variety to various spice processing firms in several Asian nations is the enormous demand for Oleoresin, a natural chilli extract.

Where it is produced?

Khammam district is the largest producer of Teja variety of red chilli.

It is the leading exporter of the pungent fruit.

The Mudigonda-based Oleoresin extraction firm of a Chinese company is engaged in export of the by product to its clients.

Trade significance of this chilli

Teja variety of red chilli is being exported to China, Bangladesh and a few other south Asian countries from Khammam mainly through the Chennai port.

The export of Teja variety of red chilli is expected to grow from the present ₹2000 crore per annum to ₹2500 crore next year.