18-23 October 2023 The Hindu Newspaper Analysis

Prelims Specific News Items

Marine Cloud Brightening

Australia’s Reef Restoration and Adaptation Program is exploring whether cloud brightening could reduce coral bleaching.

• Cloud brightening is a phenomenon that occurs when aerosols are injected into clouds by natural events such as volcanic eruptions.
• Marine Cloud Brightening – Also called as cloud whitening or cloud brightening, it was originally proposed by John Latham in 1990 to control global warming by altering Earth’s energy balance.
• It is a solar geo-engineering technique that involves spraying sea salt into low-lying clouds to increase the reflectance of cloud cover that will reduce the amount of incoming solar radiation striking the surface.
• Spraying large quantities of microscopic seawater droplets will create extra droplets and make the cloud brighter.
• Sea salt scatters light directly and provides additional shade.
• Significance – It is a way to shield parts of ocean (absorbs approximately 93% of incident solar radiation) from extreme heat.

The National Programme on AI (NPAI)

7 working groups of Ministry of Electronics and Information Technology (MeitY) had submitted the 1^st edition of IndiaAI report.

• Umbrella programme by the Ministry of Electronics and Information Technology (MeitY)
• Aim – For leveraging transformative technologies to foster inclusion, innovation, and adoption for social impact
• Content repository for NPAI – INDIAai (The National AI Portal of India)

• Components
  • India Datasets Platform – It will be one of the largest collections of anonymized datasets that will be used by Indian researchers to train their multi parameter models.
  • India AI Compute Platform– It is a public-private partnership project that will create substantial GPU (Graphics processing unit) capacity for our startups and researchers.
  • India AI will also support the development of AI chips in partnership with the Semicon India program.

INDIAai portal is an initiative of MeitY, National e-Governance Division (NeGD) and National Association of Software and Service Companies (NASSCOM)

Election Seizure Management System (ESMS)

The Election Commission of India (ECI) has developed Election Seizure Management System (ESMS) for real-time updates.

• A tech platform for real-time updates on seizures from the field by state and central enforcement agencies.
• Objective – To check the flow of illegal cash, drugs and freebies such as sarees, liquor etc. thereby ensuring free and fair elections
• Features –It ensures seamless coordination and intelligence sharing amongst enforcement agencies.
• It will be used for the 1^st time during the State Assembly Elections that are scheduled for November 2023 in the 5 states of Mizoram, Chhattisgarh, Madhya Pradesh, Rajasthan and Telangana.
• It will also monitor action taken by Central and State enforcement agencies against such offences.
• Nodal agencies – State nodal officers, District nodal officers and flying squad teams.

Use of technology in Indian elections

• cVIGIL Application – For filing Model Code of Conduct Violation)
• Suvidha Portal – For online nomination, permission etc for political parties and candidates.
• GARUDA – Geographical Asset Reconnaissance Unified Digital App helps in coordination between Booth Level officers (BLOs).
• Linking of Aadhaar with voter ID
• ETPBS – Electronically Transmitted Postal Ballot System enables the entitled service voters to cast their vote.
• A voter verification system that uses biometric software, such as facial recognition.

Ethics Committee in Parliament

Recently, Lok Sabha speaker has referred a complaint against sitting Member of Parliament (MP) to the House Ethics Committee.

• Each house of the parliament have their own ethics committee.

• Functions of Ethics Committee
  • To oversee the moral and ethical conduct of the Members of Parliament.
  • To examine the cases referred to it (by Speaker in LS and by Chairman in RS) with reference to ethical and other misconduct of Members.
  • To formulate a code of conduct for members and suggest amendments to the code of conduct from time to time.
  • To tender advice to members on questions involving ethical standards either suo motu or on receiving specific requests
• Complaints of ethics – Any person can make a complaint or the committee may also take up matters suo motu.
• It may be for alleged unethical behaviour or breach of Code of Conduct by a member or alleged incorrect information.
• Punishment for malpractice – Committee can recommend imposition of one or more of the sanctions like censure, reprimand, and suspension for a specific period.

In the case of the Ethics Committee, only an MP can be examined for misconduct whereas both MPs and non- MPs can be accused of breach of privilege by the Privileges Committee.

Yashasvini

• Central Reserve Police Force (CRPF’s) all women motorcycle cross-country expedition.
• Starts from Srinagar, Shillong, and Kanyakumari and will converge at the Statue of Unity in Kevadia, Gujarat.
• Organised by – CRPF with the Ministry of Women and Child Development.
• Objective – To spread the message of Nari Shakti, Beti Bachao Beti Padhao, unity, integrity and women empowerment.

Balfour Declaration

• The Declaration was a public statement issued in 1917 by British Foreign Secretary Arthur Balfour to Lord Rothschild, a leader of the British Jewish community.
• The statement, for the first time, promised British support for a “Jewish national home” in Palestine, at the time a British Mandate.
• It went on to be the basis of the creation of Israel, 30 years later.

White Phosphorus

Amnesty International and Human Rights Watch have accused the Israel Defense Forces of using white phosphorus munitions in Gaza and Lebanon.

• White phosphorus is a pyrophoric substance that ignites when exposed to oxygen.
• It is one among the most unstable of pyrophoric substances.
• Properties – It emits a distinct garlic-like odour and produces thick, light smoke with intense 815⁰ Celsius heat.
• Usage – It is dispersed in artillery shells, bombs, rockets and via felt (textile) wedges soaked in the chemical.
• Military applications
  • As smokescreen, it hides ground troop movement
  • As an incendiary weapon to start fire
  • Interacts and confuses the infrared optics and weapons tracking systems and protects the forces from guided missiles.

Global Maritime India Summit 2023

• 3 day summit to discuss and deliberate on matters related to maritime economy.
• Held in – Mumbai, Maharashtra
• Previous summits
  • 1^st summit – Mumbai (2016)
  • 2^nd summit – Held virtually (2021)
• Participants – Ministers from various countries, Global CEOs, Business leaders, Investors, Officials, and other stakeholders.
• Key discussions
  • Ports of the future and maritime clusters
  • Coastal shipping and inland water transportation
  • Shipbuilding, repair and recycling
  • Finance, insurance & arbitration
  • Innovation & technology and decarbonisation
  • Maritime safety and security
  • Maritime tourism and others

Lymphatic Filariasis

Lao PDR becomes 2^nd country in 2023 after Bangladesh to eliminate lymphatic filariasis.

• Lymphatic filariasis, commonly known as elephantiasis, is a neglected tropical disease (NTD).
• Caused by – Parasites classified as nematodes (roundworms) of the family Filariodidea.
  • Wuchereria bancrofti (responsible for 90% of the cases)
  • Brugia malayi
  • Brugia timori
• Transmission – Through the bites of infected Culex, Anopheles and Aedes mosquitoes
• Symptoms –
  • Lymphoedema (swelling in arms or legs due to lymph fluid)
  • Hydrocele (swelling in scrotum)
  • Temporary or permanent disability
• Spread – Tropics and sub-tropics of Asia, Africa, the Western Pacific, and parts of the Caribbean and South America.

Rafah Crossing

• It is a region located between Gaza Strip and Egypt and controlled by Egypt.
• It is the sole route for aid to enter Gaza directly from outside Israel and the only exit that does not lead to Israeli territory.
• There are only 2 other border crossings from and into the Gaza Strip.
  • Erez – a crossing for people with Israel in northern Gaza.
  • Kerem Shalom – a solely commercial goods junction with Israel in southern Gaza.

Sakharov Prize for Freedom of Thought

• Mahsa Amini and Iran’s Woman, Life and Freedom Movement were awarded the Sakharov Prize, European Union’s top human rights prize recently.
• Sakharov Prize, named after Soviet dissident Andrei Sakharov (Nobel Peace Prize laureate), is a European Union award created in 1988.
• It honours individuals or groups who defend human rights and fundamental freedoms.
• Last year it was awarded to the “brave people” of Ukraine defending their country against Russia’s relentless invasion.

BTSbot

• BTSBot (Bright Transient Survey Bot) is an Artificial Intelligence (AI) system that detects supernovas.
• Developed by – International group of researchers led by Northwestern University, U.S.
• BTSbot is a machine-learning algorithm that was trained on over 1.4 million images from nearly 16,000 sources.

Best Tourism Village 2023

Dhordo village in Gujarat made it to the UN World Tourism Organisation’s (UNWTOs) best villages list for its rich cultural heritage and natural beauty.

• A global initiative to highlight those villages where tourism preserves cultures and traditions, celebrates diversity, provides opportunities and safeguards biodiversity.

UNWTO is a United Nations agency working to promote tourism for sustainable development.

• Recognition to – Outstanding rural tourism destinations with accredited cultural and natural assets based on 9 key evaluation criterias.
• Objectives
  • Reduce regional inequalities in income and development.
  • Fight rural depopulation.
  • Progress gender equality and women’s and youth empowerment.
  • Enhance education and skills development.
• Best Tourism Village 2023 – It is the 3^rd edition where 54 villages from all regions were selected.

APAAR: All you need to know about this ‘One Nation, One ID’ to be rolled out for students

What is the News?

The Union Education Ministry has introduced the concept of ‘One Nation, One Student ID’ referred to as APAAR ID.

This concept is in alignment with the National Education Policy (NEP) 2020.The policy aims to create unique ID numbers for school students across India.

What is APAAR?

Source: TOI

APAAR stands for ‘Automated Permanent Academic Account Registry’.

It is a 12 digit digital identification system for school students in India.It will give each student enrolled from pre-primary to higher education a unique identification number.

It will digitally store academic qualifications, credit scores, certificates, and other academic data of students.

How can students enroll in APAAR?

The enrolment process will be carried out by the school, with the consent of the students parents.

The parents can withdraw their consent at any given point in time. 

The data will be shared only with concerned government agencies if and when required. 

The data collected on each student by the schools will be stored in a centrally functioning District Information for Education portal.

No violation of Vienna Convention rules: India

What is the News?

Canada has accused India of violating the Vienna Convention after India had asked for a reduction in the number of Canadian diplomats posted in India. 

What is the Vienna Convention?

The Vienna Convention on Diplomatic Relations is an international treaty signed in 1961. 

Aim: To put forth a framework for diplomatic interactions between independent nations and aims to ensure the development of friendly relations among nations. 

Signed by: At present 193 countries are party to the convention.

The convention formalizes the longstanding practice of diplomatic immunity.It grants diplomatic missions privileges that enable diplomats to perform their functions without fear of coercion or harassment by the host country.

Why has Canada accused India of violating the Vienna Convention?

Canada has accused the Indian government of violating the Vienna Convention by forcing it to downsize its mission in India.

What was India’s response to this violation of the Vienna Convention?

India has said that its actions are as per provisions of Article 11.1 of the Vienna Convention on Diplomatic Relations (VCDR).

Article 11.1 pertains to the size of international missions within other countries. 

It provides the receiving state the right to limit the size of a diplomatic mission to what it considers reasonable and normal.

Mid-Planning Conference For Multilateral Naval Exercise (MILAN) – 24

What is the News?

The Mid Planning Conference (MPC) of MILAN 24 (Multilateral Naval Exercise – 2024) was hosted by the Indian Navy at Visakhapatnam.

What is Exercise MILAN?

Type: Biennial multilateral naval exercise

Started by: Indian Navy in 1995

Aim: To enhance professional interaction between friendly foreign navies and learn from each other’s strengths and best practices in the maritime domain.

Countries participation: The exercise began with the participation of just four countries: Indonesia, Singapore, Sri Lanka, and Thailand.

– Over the years, it has grown in terms of both the number of participants and the complexity of exercises.In 2022, 39 countries participated in Milan exercise.

Estivation: The summer’s urge to nap

What is the News?

This article talks about estivation.

What is Estivation?

Estivation is also known as aestivation.

It is a biological phenomenon during which some animals enter a prolonged state of dormancy or inactivity during hot and dry conditions.It serves as a survival strategy to conserve energy and water.

Animals during estivation seek shelter in cool places like underground burrows, crevices, or cocoons.

During this time, animals will also reduce their metabolic activity which in turn reduces their energy consumption.

This helps them avoid extreme dryness and safe from predators.

What are the examples of animals undergoing Estivation?

West African lungfish: It burrows into the mud of a drying water body and secretes a cocoon of mucus around itself during a drought. 

Desert tortoises: It digs burrows to stay cool in hot summers.

Land snails: They seal themselves in their shells with a mucous plug and stay inactive until the conditions outside improve.

₹2.9-crore project to improve amenities around Edakkal Caves

What is the News?

Kerala Tourism has launched a project to improve civic amenities around the Edakkal Caves in Wayanad.

Where is Edakkal Caves?

Located in: Wayanad,Kerala

Hills: The caves are located 3,900 feet above sea level in the Ambukuthi Hills.

Meaning: Edakkal Caves are not actually caves. They are part of a prehistoric rock shelter formed naturally when one huge boulder got wedged between two bigger ones. That’s why the name Edakkal itself means “a stone in between”.

Features: The caves feature Neolithic-era pictorial writings dating back to at least 6,000 BCE. 

– The cave has engravings of human and animal figures besides symbols and letters.

– The Muniyaras or ancient burial sites have been discovered in these caves.This has yielded a rich collection of ancient earthenware and pottery.

Vienna convention on diplomatic relations 1961- Explained Pointwise

Recently, India has sent back 41 diplomats of Canada from New Delhi citing disparity in the number of diplomats between the two countries . However, Canada contends that New Delhi has not upheld its obligations under the Vienna Convention on Diplomatic Relations, 1961. However, MEA has insisted that its actions of sending back 41 diplomats is not against the Vienna Convention principles.

Recently, India has sent back 41 diplomats of Canada from New Delhi citing disparity in the number of diplomats between the two countries . However, Canada contends that New Delhi has not upheld its obligations under the Vienna Convention on Diplomatic Relations, 1961. However, MEA has insisted that its actions of sending back 41 diplomats is not against the Vienna Convention principles.

What does the 1961 Vienna Convention say about recalling diplomats?

Article 9: It says that the receiving State (host country) has the right to declare a diplomat or a member of their staff as “persona non grata” or unwelcome.This decision can be made at any time.

– The host country is not required to provide a detailed explanation for this decision.

Article 11: If there is no specific agreement on the number of diplomats allowed in a mission, the receiving State (host country) can set limits.

– The host country can determine the reasonable and normal size of a diplomatic mission.

– This determination can be made based on the circumstances and conditions in the host country and the specific needs of the mission.

Are there any past instances of recalling diplomats?

In 2017, Russia and the United States asked for each other’s diplomats to be recalled on the principle of parity.

In August,2023 Moldova demanded a reduction of diplomats from Russia on the grounds of parity. 

Union Textiles Minister launches Website of “Kasturi Cotton Bharat”

What is the News?

The Union Minister of Textile has launched a website of Kasturi Cotton Bharat. 

What is Kasturi Cotton Bharat?

Source: Indian Express

Launched by: Ministry of Textiles, the Cotton Corporation of India, trade organizations, and the industry.

Aim: To boost the global competitiveness of Indian cotton by taking charge of branding, traceability, and certification, with a focus on sustainability and benefiting all involved stakeholders.

Designated agency: Cotton Textiles Export Promotion Council (TEXPROCIL) has been designated as the implementing agency for Traceability, Certification and Branding of “KASTURI Cotton India”.  

To provide complete traceability of Kasturi Cotton Bharat across the supply chain, QR based certification technology will be used at each stage of the processing and a blockchain based software platform will provide end to end traceability and transaction certificate.

What is the data on Cotton Production in India?

Cotton is one of the most important commercial crops cultivated in India.It accounts for around 25% of the total global cotton production. 

India is the country to grow all four species of cultivated cotton G.arboreum and Herbaceum (Asian cotton), G.barbadense (Egyptian cotton) and G. hirsutum (American Upland cotton). 

India has the largest area under cotton cultivation and is also the largest producer and second largest consumer of cotton.

Defence Minister launches ‘Project UDBHAV’

What is the News?

The Defence Minister has launched ‘Project UDBHAV’.

What is Project UDBHAV?

Launched by: Indian Army and the United Service Institution of India (USI), a defence services think tank.

Aim: To revive and integrate India’s ancient military wisdom with contemporary military practices.

Objectives of the project: 

– Understanding ancient military systems and India’s indigenous military culture.

– Studying the evolution of the Indian military system and strategic ideas.

– Educating junior and senior military leaders about concepts in classical texts.

– Creating a knowledge resource for scholars and defense personnel.

– Considering the inclusion of historical military concepts in modern practices.

Features: The project involves organizing events and workshops focusing on various aspects of India’s strategic culture.

– It will culminate in a publication scheduled for January 2024, which will document and institutionalize this knowledge.

What are the major military practices Project UDBHAV takes inspiration from?

Chanakya’s Arthashastra: It emphasizes strategic partnerships, alliances, and diplomacy.This aligns with modern military practices like international cooperation and soft power projection.

Thirukkural: It is authored by Tamil philosopher Thiruvalluvar.It promotes ethical conduct in all endeavors, including warfare.This aligns with modern military codes of ethics and principles of the Geneva Convention.

Prominent Military Campaigns and Leaders: The project examines historical examples like the empires of Chandragupta Maurya, Ashoka and the Cholas.

Clever Diplomacy and Military Intelligence: Explores instances of clever diplomatic negotiations, psychological warfare and military intelligence.The Naval Battle of Saraighat in 1671, led by Lachit Borphukan, exemplifies these strategies.

What is the significance of Project UDBHAV?

By combining ancient wisdom with contemporary military education and operations, Project UDBHAV is preparing a strong, forward-looking Indian Army.

Editorials

C Raja Mohan writes: If the Gaza crisis explodes, India too will lose

In wake of the recent Israel-Hamas conflict, the triumph of violent religious extremism and the weakening of moderate regimes will have security and political consequences for India.

What have been the underpinnings of India’s foreign policy in the Middle East?

1) India’s early stance on the Middle East involved the preference for modern secular nationalists. India was uncomfortable with traditionalist and religious forces in the region.

2) Several developments since the late 1970s led to the rise of violent religious extremism and Islamic republicanism that today threaten both secular and conservative regimes.

3) In the last few years, India has become closer to Arab moderates and Israel. This has been facilitated by the “converging interests” and “expanding engagement” between Arab moderates and Israel.

What are the implications of the recent crisis for India?

This crisis has cast a shadow over India’s recent gains in the Middle East.

The challenge for Indian policy is the possible breaking up of the emerging coalition of Arab moderates and Israel and limiting the rise of forces seeking regional chaos.

The triumph of violent religious extremism will also impact India politically and in terms of security.

The Gaza war has compelled Saudi Arabia to suspend dialogue with Israel. Muslim countries that were looking at engaging Israel are walking away from that idea.

How should India deal with these challenges?

3 essential areas need to be given attention by Indian foreign policy:

1) Encouraging moderation in Israel: India must caution Israel against its quest for revenge.
It is unlikely that Hamas’s ideology can be defeated through military means. In fact, the massive costs of Israel’s invasion will lend greater legitimacy to Hamas and weaken that of Israel.

2) Strengthening the moderate Palestinian Authority against Hamas.

3) Recognition of the regional ambitions of Iran and Turkey which may have implications for India (E.g., in J&K).

Strengthening moderates in Israel and Palestine, supporting reconciliation between them, and promoting a wider coalition of moderate states is critical for India’s long-term prospects in the Middle East.

Why SLLs also need to be reformed

News: This article discusses the significance of Special and Local Laws (SLLs) in the wake of recent criminal law reforms. It also highlights the reasons behind the need for reform in SLLs.

Special and Local Laws (SLLs) include “Special laws” enacted by the Parliament to deal with a specific subject. “Local laws” are laws local to a particular region or a state.

SLLs have been kept away from the ongoing reform process, with respect to the Indian Penal Code (IPC), Code of Criminal Procedure (CrPC) and Indian Evidence Act (IEA).

What is the significance of SLLs?

SLLs have immense relevance in the Indian criminal justice system.

1) In quantitative terms: Nearly 40% of all cognisable offences registered in 2021 were under SLLs, as per the Crime in India Statistics of 2021.

2) In qualitative terms: SLLs have given rise to several important debates regarding the limits on the state’s power of criminalisation especially in the context of violation of individual rights and liberties.

Why is there a need for reform in SLLs?

1) Ambiguous and vague definitions of offences: For e.g. terms such as ‘terrorist act’, ‘unlawful activity’ etc. in Unlawful Activities (Prevention) Act, 1967 (UAPA).

2) Issues with application of laws: For e.g., POCSO Act, 2012 being applied to consensual sexual activities between minors.

3) Excessive criminalisation of mere civil or regulatory wrongs

4) Dilution of due process of law: For e.g. The stringent provisions provided for under Section 43 of the UAPA make it impossible to get bail.

What should be done?

SLLs should find a place as separate chapters within the larger structure of the IPC or the CrPC.

Reforms should be brought in to address the non-inclusion of the substantive and procedural aspects of the SLLs in the ongoing reform project.

List Niemann-Pick as rare disease, parents of young patients urge govt

What is the News?

Parents of children suffering from Niemann-Pick disease have urged the Government of India to notify this disease under the National Policy for Rare Diseases.

This would enable eligible patients to receive financial support from the government and access Xenpozyme, an expensive enzyme replacement therapy used for treatment.

What is Niemann-Pick disease?

Niemann-Pick disease is a group of rare and inherited metabolic disorders that affect the body’s ability to process lipids or fats properly.

This buildup of lipids can lead to a wide range of symptoms including liver and spleen enlargement, lung problems, neurological issues, and other complications.

Caused by: Niemann-Pick is caused by mutations in specific genes related to how the body metabolizes fat (cholesterol and lipids). 

– The Niemann-Pick gene mutations are passed from parents to children in a pattern called autosomal recessive inheritance. 

– This means that both the mother and the father must pass on the defective form of the gene for the child to be affected.

Types of Niemann-Pick disease:

– Type A is the most severe form and typically presents itself in infancy or early childhood. 

– Type B is less severe than Type A and typically presents in childhood or adolescence.

– Type C is a rare form that typically presents in adolescence or adulthood.

Treatment: There is currently no cure for Niemann-Pick disease.

Trade potential — India should reconsider its RCEP decision

News: This article discusses the need for India to reconsider its position on the RCEP considering the recent developments.

What is the RCEP?

RCEP is a trade deal that created one of the world’s largest trading blocs.

Its members include:

10 Association of Southeast Asian Nations (ASEAN) members: Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand, and Vietnam.

5 other FTA partner countries of ASEAN: Australia, China, Korea, Japan, and New Zealand.

RCEP members account for about 30% of the global GDP and 1/3^rd of the world’s population.

What are the ongoing developments with respect to RCEP?

Slower economic growth and increasing geopolitical fragmentation has led to slowdown of global trade.

In light of this, Sri Lanka and Bangladesh are considering joining the Regional Comprehensive Economic Partnership (RCEP).

For Sri Lanka, which is dealing with an economic crisis, easier access to regional markets could help it become more competitive.

For Bangladesh, RCEP could help compensate for export loss as it exits from the group of least developed countries.

Their joining the RCEP will also open markets for China in India’s neighbourhood.

What has been India’s position regarding the RCEP?

India exited the RCEP 4 years ago due to various concerns. These include:

1) Potential increase in the import of cheaper goods from member countries, particularly China.

2) Geopolitical and national-security considerations: Especially with respect to China.

3) Lack of safeguards: India had cited the grouping’s refusal to accede to its requests on safeguards as a deal breaker.

What is India doing to counter the impact of not joining the RCEP?

India has been working with a different strategy of higher tariffs, along with fiscal incentives for large manufacturers.

Additionally, India is working on various free-trade agreements (FTA).

Why should India reconsider its position?

1) Countries such as Australia and Japan have joined RCEP despite ongoing geopolitical tensions with China.

2) Lost opportunity to become part of the world’s largest and most dynamic trading bloc, which has the potential to enhance transnational economic integration.

3) India’s trade deficit with China has been increasing significantly despite India not joining.

4) It would give India the opportunity to deal with trade-related issues more effectively, besides opening markets of member countries.

5) Opportunity to become part of large global value chains: This will improve participation in global trade, which is critical in boosting local manufacturing and generating employment.

6) Limited gains through FTAs.

On the Supreme Court’s Decision of ‘no fundamental right to marry’

News: This article discusses the issues with the recent Supreme Court judgment on same-sex marriages in India in the context of the denial of the fundamental right to marry.

Rest of the aspects of this news have been already covered in detail in the following article: https://forumias.com/blog/same-sex-marriage-verdict-implications-explained-pointwise/

What were the outcomes of the judgment?

In the Supriya Chakraborty v Union of India case, a 3-2 majority favoured the refusal of legal recognition to unions other than heteronormative ones. The bench asserted that there is no fundamental right to marriage under the Indian Constitution.

What are the jurisprudence issues with the judgment?

1) Constitutional morality not considered: Prevailing ethos of “majoritarian morality” were given precedence over “constitutional morality”.
In Navtej Johar Case (2018), CJI DY Chandrachud had held that “the Court has to be guided by the conception of constitutional morality and not by societal morality”.

2) Refusal of the Court to innovative: It cited the limits of its jurisdiction and emphasised the legislative authority over such matters.

3) Extensive scope of Article 32 and the judiciary’s duty to safeguard citizens’ rights not exercised by the judiciary.

4) Restriction of the scope of the Puttaswamy judgment (2017): The privacy judgment upheld privacy of choice, which should ideally include the choice of entering into a matrimonial relationship.

5) Departure from judiciary’s liberal interpretation of Article 21.

6) Against the right to life: The conservative position considers procreation to be the primary purpose of marriage. Hence, the right to marry should be an extension of the right to life.

7) UDHR ignored: India is an original signatory to the UDHR. The Indian Constitution and courts have also been greatly influenced by the UDHR.
For instance, in the Maneka Gandhi case, the Court relied on Article 10 of the UDHR to include principles of natural justice in the administrative process.

8) Indian constitutional jurisprudence ignored: Jurisprudence of the courts interpreting constitutional provisions and including new rights in a liberal and expansive manner was not put into practice in this case.

Question for practice:

Illustrate the issues with the recent Supreme Court ruling regarding the denial of the fundamental right to marry for same-sex couples in India.