Current Affairs 21 October 2024

CONTENTS

1. Concerns Over Curriculum in Madrasas
2. Supreme Court to review 2022 judgment on Prohibition of Benami Property Transactions Act (PBPTA), 1988
3. Section 6A of the Citizenship Act, 1955
4. NOTTO’s New Initiatives on Cornea and Tissue Transplants
5. Sri Singeeswarar Temple

 Concerns Over Curriculum in Madrasas

Context:

The National Commission for Protection of Child Rights (NCPCR) has approached the Supreme Court with concerns about the curriculum in madrasas. According to the NCPCR, the educational content in these institutions is not comprehensive and fails to meet the requirements set by the Right to Education. The Commission argues that the textbooks in madrasas primarily focus on Islamic doctrines, which may not provide a balanced educational framework.

Relevance:

GS II: Polity and Governance

Dimensions of the Article:

1. Madrasa
2. Recent Developments Related to Madrasas in Uttar Pradesh
3. What is the Role of Madrasas in Indian Education Systems?

Madrasa

• Madrasa, a word from Arabic, is a term used to refer to the school, which is principally known to teach the subjects related to Islam.
• Mosques, during the formative centuries of Islam, were educational centers. By the 10th century, however, the development of madrasas took place as a separate institution that would provide both religious and secular education throughout the Islamic world.
• The oldest written records of madrasas exist in regions, among others, of Khorasan and Transoxania, which included the present eastern and northern Iran, Central Asia, and Afghanistan.
• Larger madrasas provided boarding facilities and often housed students who belonged to the economically weaker sections of society.

Recent Developments Related to Madrasas in Uttar Pradesh

• In March 2024, the Allahabad High Court declared the Uttar Pradesh Board of Madarsa Education Act, 2004, unconstitutional. The judgment was based on violations of the principle of secularism and fundamental rights under Article 14 of the Constitution.
• The National Commission for Protection of Child Rights (NCPCR) responded to appeals against the High Court’s verdict, advocating for the integration of all children from madrasas into formal schools to comply with the Right to Education Act, 2009.

Uttar Pradesh Board of Madarsa Education Act, 2004 Overview

• The Act was designed to regulate the establishment, recognition, and administration of madrasas in Uttar Pradesh, aiming to standardize the educational structure within these institutions.
• The Uttar Pradesh Board of Madarsa Education was set up under this act to oversee madrasas in the state, ensuring adherence to specified educational standards and curricula.

Overview of Madrasas in India

• As of 2018-19, India hosted 24,010 madrasas; 19,132 were recognized, and 4,878 remained unrecognized.
• Recognized madrasas are affiliated with state madrasa education boards and follow curricula from prominent seminaries like Darul Uloom Nadwatul Ulama and Darul Uloom Deoband.
• Uttar Pradesh holds the majority with 11,621 recognized and 2,907 unrecognized madrasas, making up 60% of the national total. Rajasthan ranks second.
• Madrasas in India are categorized into Madrasa Darse Nizami and Madrasa Darse Aliya, with the former not adhering to the state school curriculum and the latter complying with it.

Educational Structure and Funding

• Curricular Details: Madrasa education is structured similarly to mainstream education, progressing from Maulvi (equivalent to Class 10) to Fazil (equivalent to a Master’s degree). The medium of instruction varies, with some using Arabic, Urdu, and Persian, and others adopting NCERT-approved curricula including compulsory subjects like Mathematics, Science, and English.
• Optional Subjects: Students in madrasas can opt for additional papers in Sanskrit or Deeniyat, covering respective religious teachings.
• Financial Support: Funding primarily comes from state governments, supplemented by the central government through the Scheme for Providing Education to Madrasas/Minorities (SPEMM), which also aims to enhance educational quality and infrastructure.

What is the Role of Madrasas in Indian Education Systems?

• Traditionally, Madrasa has played an important role in safeguarding and passing down Islamic culture, beliefs, and values among the Muslim community in India. This helps instill identity and belongingness.
• They provide a platform for the education of many children from the Muslim communities, especially when formal education is not that available.
• There are also concerns with regard to the quality of education, and relatively lower levels of literacy among Muslim communities, as many students are not allowed to progress beyond secondary education.
• Though Madrasas may pass on positive values, there are also Madrasas that promote extremist ideas and feel anti-national in nature; these are likely to lead to social cleavages and communal relations in the country.
• The existence of Madrasas does raise a question mark over secularism and equality in funding related to education.
• Others view that public money should not be allocated for religious teaching when other religions do not receive equal support at the same time, so there is an even distribution and upholding of the secular principle.
• Since many of the Madrasa graduates lack vocational skills and modern education, this sometimes makes it difficult for them to integrate into the general workforce. The mode of education often leaves them isolated from mainstream society and without opportunities for upward mobility and social cohesion.

-Source: Hindustan Times

Supreme Court to review 2022 judgment on Prohibition of Benami Property Transactions Act (PBPTA), 1988

Context:

SC has allowed review petition filed by the Union Government against the 2022 judgment (Union of India vs M/S. Ganpati Dealcom Pvt. Ltd. Case) in which certain provisions of PBPTA declared unconstitutional. 

Relevance:

GS II: Polity and Governance

Dimensions of the Article:

1. Key highlights of the 2022 Judgement
2. About Benami Transactions  
3. Benami Transaction (Prohibition) Act, 1988 
4. Benami Transactions (Prohibition) Amendment Act 2016

Key highlights of the 2022 Judgement

• Section 3(2) of the PBPTA declared unconstitutional, that prescribed a jail term for entering into benami transactions.
• This provision violates Article 20(1) (protection in respect of conviction for offense) of the Constitution due to its arbitrary nature.  
• Law did not have a retrospective application and the authorities couldn’t initiate or continue criminal prosecution or confiscation proceedings for transactions entered into prior to when the legislation came into force.
• Benami Transactions (Prohibition) Amendment Act, 2016 Act did not have any explicit provision allowing its retrospective application.
• The Union had contended that the 2016 Act would be applicable retrospectively.

About Benami Transactions  

• Benami literally means ‘without a name’. Therefore, an asset without a legal owner or a fictitious owner is called benami.   
• It can be a property of any kind, whether movable or immovable, acquired by way of benami transaction.

Benami Transaction (Prohibition) Act, 1988 

• Benami transactions were first prohibited in India under Section 2(a) of the Benami Transactions (Prohibition) Act, 1988.
• The main idea behind prohibiting benami transactions was to check people from making them for wrong reasons, such as money laundering, tax evasion, and the like.
• For a concise statement, any benami property’s legal entitlement to claim beneficial ownership remains terminated in entirety.
• However, there were no provisions made regarding the procedural measures of implementing the legislation.
• Of late, it effectively was the result of the changes brought about by the Benami Transactions (Prohibition) Amendment Act 2016.

Benami Transactions (Prohibition) Amendment Act 2016

In July 2016, “The Benami Transactions (Prohibition) Amendment Act, 2016″ was enacted.

Definitions Under the Act

• Benami Transactions: Transactions where property is transferred to, or held by, one person, but the payment for such property is made by another person. This can include transactions made in fictitious names or where the true owner is either unaware of or denies ownership.
• Benamidar: Refers to an individual or a fictitious entity in whose name the benami property is held. This entity cannot transfer the property back to the beneficial owner.

Scope of ‘Property’

• Broad Definition: The Act defines property broadly to include movable, immovable, tangible, intangible, corporeal, and incorporeal assets.

Powers of Authorities

• Extensive Powers: Authorities under the Act have extensive powers including:
  • Discovery and inspection.
  • Enforcing the attendance of persons for questioning, including those associated with financial institutions.
  • Ordering the production of financial records and books of accounts.
  • Accepting evidence on affidavits.

Confiscation and Penalties

• Confiscation: Properties found to be benami can be provisionally attached and are subject to confiscation by the Central Government if adjudicated as benami.
• Penalties: Those found guilty of engaging in benami transactions may face imprisonment ranging from one to seven years, and may also be subjected to a fine up to 25% of the fair market value of the property involved.

-Source: Indian Express

Section 6A of the Citizenship Act, 1955

Context:

Recently, the Supreme Court  upheld the constitutionality of Section 6A of the Citizenship Act 1955, which permits immigrants from Bangladesh residing in Assam to secure Indian citizenship, as a valid piece of legislation aligned to the Preambular value of fraternity. 

Relevance:

Polity and Governance

Dimensions of the Article:

1. Supreme Court Ruling on Section 6A of the Citizenship Amendment Act
2. The Section 6A of Citizenship Act 1955
3. Section 6A

Supreme Court Ruling on Section 6A of the Citizenship Amendment Act

Majority Opinion:

• Constitutional Validity: The Supreme Court held that Section 6A does not contravene Articles 6 and 7 of the Indian Constitution. The cutoff date of March 25, 1971, is upheld due to its historical context with Operation Searchlight starting on March 26, 1971.
• Cultural and Linguistic Safeguards: The court found that petitioners did not successfully prove that Section 6A compromises the Assamese people’s cultural integrity. Existing constitutional and statutory provisions protect these interests.
• Legislative Authority: Section 6A was enacted under the powers granted by Article 246 and Entry 17 of the Union List, which pertain to citizenship, naturalization, and aliens, confirming the legality of its enactment.
• Article 14 Compliance: The specific migration circumstances in Assam do not violate the principles of equality under Article 14 of the Constitution.
• Migration Impact: Acknowledged the substantial burden ongoing migration from Bangladesh has placed on Assam.
• National Policy and Section 6A: The court highlighted that the nation could balance accommodating immigrants with sustainable development without solely blaming Section 6A for issues arising from migration.
• Systemic Issues: Noted failures in the system to timely detect and deport post-1971 immigrants, stating that current tribunals and mechanisms are insufficient for enforcing Section 6A and related laws.
• Judicial Supervision: Stressed the necessity of judicial supervision over the enforcement of immigration and citizenship laws and recommended the Chief Justice of India constitute a bench to monitor law enforcement in Assam.

Dissenting Opinion:

• Constitutionality of Section 6A: The dissent considered Section 6A unconstitutional with prospective effect, suggesting that it infringes on the cultural and linguistic rights of different ethnic groups.
• Sustainable Development: Contrary to the majority, the dissent argued that sustainable development and population growth are compatible without conflicts.
• Immigration and Local Rights: Accepted the argument that immigration could restrict rights to sustainable development, potentially influencing domestic inter-State movement.

The Section 6A of Citizenship Act 1955

• Section 6A is a special provision that was inserted into the Citizenship Act of 1955 in furtherance of a Memorandum of Settlement called the ‘Assam Accord’ signed on August 15, 1985.
• The accord was a tripartite agreement between the Centre, the Assam government, and the All Assam Students Union. It came after years of protest against perceived demographic change and outsiders in the state.

Section 6A

• It creates a special provision for Assam by which persons who entered between January 1, 1966, and March 25, 1971, and who are residing in the state, upon being detected as foreigners, will be allowed to register
• Upon registration, such a person will have the same rights and obligations as a citizen of India, but will not be entitled to be included in any electoral roll for a period of 10 years.
• Foreigners who had entered Assam before January 1, 1966, and been “ordinarily resident” in the State, would have all the rights and obligations of Indian citizens including the right to vote.

-Source: Indian Express

NOTTO’s New Initiatives on Cornea and Tissue Transplants

Context:

Recently, the National Organ and Tissue Transplant Organisation (NOTTO) issued key initiatives regarding cornea and tissue transplants. 

Relevance:

GS II: Government Policies and Interventions

New Initiatives

Centralized Database Development

• NOTTO (National Organ and Tissue Transplant Organization) is actively developing a centralized database to effectively manage and streamline the process for patients waiting for cornea and other tissue transplants across India.

Mandatory Data Linkage

• A significant policy mandate requires all organ transplant centers, cornea transplant centers, and tissue banks to integrate their data with NOTTO’s national registry. This linkage aims to facilitate better coordination and ensure real-time data availability.

Regulations for Eye Banks

• Eye banks are now required to adhere to stringent performance metrics. Specifically, they must collect a minimum of 50 eyes or 100 corneas annually to ensure a steady supply for transplants.
• According to the Transplantation of Human Organs and Tissues Act, 1994 (THOTA), eye banks need to collect at least 500 corneas over a five-year period to maintain their certification and operational status.

Presumed Consent Model for Cornea Donation

• In an effort to augment cornea donation rates, NOTTO is considering implementing a presumed consent (opt-out) model. Under this system, individuals who pass away in hospitals will be presumed as cornea donors unless they had previously opted out, significantly increasing the potential donor pool.

NOTTO

• As the apex body under the Directorate General of Health Services, Ministry of Health and Family Welfare, NOTTO oversees and monitors all organ and tissue transplant activities, ensuring compliance with laws and regulations while promoting best practices in transplant services across the country.

-Source: Indian Express

Sri Singeeswarar Temple

Context:

A set of copper plate inscriptions with two leaves dating back to the 16th Century CE have been recently discovered at the Sri Singeeswarar temple in Tiruvallur district, Tamil Nadu.

Relevance:

GS I: History

About Sri Singeeswarar Temple:

• It is a Hindu temple dedicated to Lord Shiva.
• This temple is at Mappedu village near Perambakkam in Thiruvallur District of Tamil Nadu.
• The temple was built by the great Aditya Karikalan II in 976 AD
• He is the father of the great Chola emperor Rajaraja Cholan, who built the Thanjavur Big Temple.
• In the later period, under Krishnadevaraya, his viceroy Dalavai Ariyanadha Mudaliar, exercised influence and built the Rajagopuram-Main Tower, compound wall, and 16-pillar Mandap in the year 1501.
• The Temple is constructed in the style of Dravidian architecture, and the Rajagopuram has 5 tiers.
• The chief deity is called Singeeswarar. Singeeswarar is found in the form of a slightly big Shiva Lingam in the sanctum.

-Source: The Hindu