Following are the Suggested Answers for Mains Marathon, March 16:
1.Termination of Pregnancy is a debate between Pro-choice and Pro-life. In the lieu of recent amendments proposed, examine the morality behind allowing the termination of pregnancy beyond 20 weeks. (GS 4)
गर्भावस्था का समापन प्रो-पसंद और प्रो-जीवन के बीच बहस चल रही है। प्रस्तावित संशोधनों में, 20 सप्ताह से अधिक समय तक गर्भधारण की समाप्ति की अनुमति देने के पीछे की नैतिकता की जांच करें।
- The medical termination of pregnancy bill increases the legal limit for abortion from 20 weeks to 24 weeks, the draft Bill allows a woman to take an independent decision in consultation with a registered health-care provider.
- With at least 3% of the 26 million births annually in India involving severe foetal abnormalities,this is a good
- Empowers a woman to decide whether to continue her pregnancy or terminate it.
- In Scotland an Indian woman died due to pregnancy complications and the law was against abortion.These things can be avoided here because of the law.
- This proposal is also based on the evidence-based recommendations made by the World Health Organization in its updated guidance for safe abortion.
- It spared women from “inflicted pregnancy” and “forced motherhood.
- The lack of certainty of access to abortion services renders women vulnerable to exploitation. The amendment bill, by recognizing the need of unmarried women to seek abortion, specifically removes this barrier.
- Relief to rape survivors.
- It allows women to demand abortions without having to justify their needs. This choice will also empower married women, who because of the lack of gender equality within marital relationships, are forced to endure sexual violence and then undergo an abortion to limit the size of their family.
- Effective implementation of the latest amendments may help in reducing “maternal mortality” and “morbidity” and may also prevent wastage of pregnant women’s strength, health, and above all life.
- The life formed is killed so early it is immoral.India with its skewed sex ratio can witness a rise of sex-selective abortion because of this bill.
- The father role is neglected as well.
This provision needs to be enforced keeping in mind the dignity of the life of the mother and some necessary precautions need to be taken so that it doesn’t get misused.
गवर्नर पदों के लिए सुधारों की सिफारिश करने वाले कई कमीशनों को लगातार सरकारों द्वारा अनदेखा कर दिया गया है। किए गए सुझावों को बताएं, और क्या वे अब भी प्रासंगिक हैं?
- The controversy over the politicization of the Governor post is once again in the news over delayed decision making by the Governor of TN in the appointment of CM.The exit of the Governor of Mizoram reignites debate about the institution.
Today most of the governor’s act as agents of the centre.To avoid this scenario many commissions have suggested the reforms regarding this post.They are listed as follow:
- Sarkaria commission made some recommendations like
- The governor should not be from the ruling party
- He/she should be from outside of the state he is serving in
- The chief minister of the state should be involved about the appointment of governor
- The governor should not have very intense political links and not be part of politics in the recent past as also recommended by the Punchi commission.
- Venkachaliah commision suggested a committee for the appointment of governor.
- Punchi commission-removal of the governor should not be according to the whims and fancies of the centre but state assembly has to pass a resolution .
These recommendations are still relevant even today:-
- When Governor’s position is getting strongly politicized and there are questions arsing on the discretion which the governor enjoys. because:
- Recent misuse of A-356 for political purpose to dispose rival political parties govt.
- The present way this post is working is not in line with the tenets of the constitution.
- When the balance between the centre-state relationship looks is skewed especially when the regional parties are at the helm in the state.
- Even the supreme court recently stated that any decision taking by the president in the removal of the governor is not against judicial review.
What needs to be done?
- New rules and conventions may need to be put in place so that the ability of the Central Government to misuse this office is curtailed, while the Governor’s ability to fulfil his or her constitutional mandate is strengthened.
- The ruling party should convene an all party meeting and consult other stakeholders such as jurists to review the role of the Governors
- The security of tenure must be provided to the Governors. The judgment of the Supreme
Court delivered in B. P. Singhal case is the law of the land and the Government has to
- The Governors should be treated with dignity, and should not be fired only for political considerations.
When centre talks about the concept of cooperative federalism and it must engage states as an equal partner in India’s growth story rather than control them.
3.Subordinate Courts in India are plagued by several systemic issues. But the focus of reforms has been mostly in the Higher Courts. Suggest measures to unclog the burden of pending cases in Subordinate Courts. (GS 2)
भारत में अधीनस्थ न्यायालय कई प्रणालीगत मुद्दों से ग्रस्त हैं लेकिन सुधारों का ध्यान अधिकतर उच्च न्यायालयों में हो रहा है। अधीनस्थ न्यायालयों में लंबित मामलों के बोझ को कम करने के लिए उपाय सुझाएं।
- Despite being most closely located to people, they are often ignored in context of judicial reforms.
- The subordinate courts have more than 20 million cases pending. Despite the launch of national judicial data grid there seems to be no improvement .
- Indian courts have millions of pending cases.On an average about 20% of the sanctioned positions for judges are vacant, whereas the annual increase in pendency is less than 2%.
What needs to be done?
- With sanctioned judge strength of over 20000 there are over 5000 vacancies in the subordinate courts.If the vacancies were filled, pendencies would go down and make the justice system deliver efficiently.
- Role of LokAdalats, mediation and conciliation in dispute resolution for easy and timely dispute resolution and for reducing the burden on courts
- Posting of suitable officers in key leadership positions of Session Judges and Chief Judicial Magistrates may perhaps go a long way in dealing with the situation.
- SC suggestion that bail applications be decided in a week by subordinate courts.
- SC suggested that High Courts should monitor action plans for lower courts and keep a constant watch.
- To assess the judiciary an annual confidential report can be submitted.
- ‘Mobile courts’ are being set up to bring ‘justice at the doorsteps’ of litigants of far-flung remote and backward rural areas.
- Undertrials out number convicts in the prison population of Indian jails.This needs immediate reform.
- Civil Cases
- There is an urgency to simplify the procedure, curtail many Appeals in many cases unless huge stakes are involved.
- Every lower court in this country should be computerized, should be able to provide the status of case on-line, should be able provide the orders on-line on regular basis. This is very much possible and should be done on urgent basis.
These reforms will ensure providing speedy and effective justice to the public.