Tuesday, 1st November 2022
Office of Profit - Edukemy Current Affairs
In News:
The Chief Minister of Jharkhand has been accused of holding an office of profit.
Beyond News:
What is ‘office of profit?
- About: The word ‘office’ has not been defined in the Constitution or the Representation of the People Act of 1951.
- MPs and MLAs, as members of the legislature,hold the government accountable for its work.
- If legislators hold an ‘office of profit’ under the government,they might be susceptible to government influence, and may not discharge their constitutional mandate fairly.
- Thus, to avoid conflict between the duties and interestsof an elected member, the provision of office of profit was put forward to enforce the basic feature of the Constitution- the principle of separation of power between the legislature and the executive.
- Limitation: A legislator cannot be disqualified from either the Parliament or state Assembly for holding any office. It can be done for holding:
- An office;
- An office of profit;
- An office under the union or state government;
- An office exempted by law from the purview of disqualification provisions.
All four conditions have to be satisfied before an MP and MLA can be disqualified.
Factors to be Considered in determining OOP:
In 1964, the Apex Court ruled that the test for determining whether a person holds an office of profit is the test of appointment.
Factors
- Whether the government is the appointing authority
- Whether the government has the power to terminate the appointment
- Whether the government determines the remuneration
- What is the source of remuneration
- What power comes with the position
- The first office of profit case: One of the earliest cases was in 1953 in which the EC had to decide whether MLAs should be disqualified for appointment as members of the district advisory council for which members were paid an allowance of Rs 5 for each day they attended.
Laws governing Office of Profit |
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Constitution |
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Statutes |
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Source:
- https://www.hindustantimes.com/cities/ranchi-news/soren-mocks-guv-ec-silence-on-office-of-profit-charge-101665851915304.html
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Climate finance delivery plan progress report
In News:
Ahead of COP27, the Progress Report on the Climate Finance Delivery Plan was released that looks at the collective progress and key actions required by developed countries to deliver on the commitment to jointly mobilize US$100 billion on climate finance per year.
Beyond News:
- The Progress Report is published by Canada and Germany.
- The Progress Report focuses on four key action areas:
- increasing adaptation financing
- improving access to climate finance
- cooperation with multilateral development banks
- enhancing efficiency in mobilising private climate finance
- In 2021, they co-led the process of developing a Climate Finance Delivery Plan and gave 10 collective actions for developed countries to deliver on climate finance.
- According to the United Nations Framework Convention on Climate Change (UNFCCC), climate finance is local, national or transnational funding from public, private and alternative sources that seek to support climate change mitigation and adaptation actions.
- It is derived from public, private, and alternative sources of funding.
- To facilitate the provision of climate finance, the UN Convention established a financial mechanism to provide financial resources to developing country Parties and this financial mechanism also serves the Kyoto Protocol and the Paris Agreement.
About Delivery Plan
Through the Delivery Plan:
- Developed countries provided further transparency on the collective effort to scale up climate finance mobilization,
- Set out a list of ten collective actions to deliver on the USD100 billion goal,
- Respond to the needs and priorities of developing countries, and
- Build on previous experience to deliver more effective and enhanced climate finance.
Major funds of climate finance
Article 2.1c of the Paris Agreement sets the objective to make finance flows consistent with a pathway towards low greenhouse gas emissions and climate-resilient development. Its implementation is a key instrument in re-directing and mobilizing adequate financial resources to transform our economies to sustain a 1.5°C world. |
- Green Climate Fund (GCF): Set up by the UNFCCC in 2010 to help developing countries reduce their GHG emissions and adapt to the impact of climate change.
- Least Developed Countries Fund (LDCF): To support the least developed by the United Nations to tackle their high vulnerability to climate change and implement their national adaptation plans.
- UN-REDD Programme to reduce the emissions caused by deforestation and forest degradation in developing countries.
- Other national Funds include: National Adaptation Fund for Climate Change (NAFCC)
- National Clean Energy Fund National Adaptation Fund.
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Doubling Crude Steel Output in 10 years
In News:
India has set a target to double the crude steel production capacity from 154 million tonnes per annum now to 300 million tonnes per annum in the next 9 to 10 years.
Beyond News:
Steel and Stee Industry:
- Steel is the most important engineering and construction material commonly used in buildings and infrastructure; Automobiles; Equipments; Railways; shipping; Defence; Space etc both in India and globally.
- In India, the steel industry has strong forward and backward linkages leading to an output multiplier effect of nearly 4X on GDP and an employment multiplier effect of 6.8X.
- Top Steel Producers: China, followed by India, Japan, USA and Russia.
- On the basis of production, it is categorised into the following types:
- The majority of small producers make steel using sponge iron, melting scrap, and non-coking coal.
- Large integrated steel-making facilities that use iron ore and coking coal to make steel.
- Blast furnace-basic oxygen furnace units, which already account for 46% of the world's steel production and are expected to rise to 56% by 2030.
- The Ministry of Steel is responsiblefor the planning and development of the iron and steel industry, development of essential inputs such as iron ore, limestone, dolomite, manganese ore, chromites, Ferro-alloys, sponge iron, etc. and other related functions.
Government Initiatives to Promote Steel Production:
- National Steel Policy (NSP) of 2017 to create a technologically advanced and globally competitive steel industry that promotes economic growth.
- Production-linked Incentive (PLI) Scheme for Specialty Steel to increase production of value-added steel.
- Steel scrap policy - To ensure adequate availability of scrap for steel manufacturers which will reduce imports and improve the competitiveness of the Indian steel sector.
- Steel Import Monitoring System (SIMS) - This information would be useful to the Indian domestic steel industry in responding to market conditions in a dynamic manner.
- Adoption of Fourth Industrial Revolution (Industry 4.0), Steel Research & Technology Mission of India.
Significance of the Steel Sector
- Has higher durability, faster completion time, reduced environmental impact, and the creation of a circular economy.
- Driver of environmentally sustainable economic developmentbecause of its recyclable nature and faster-associated completion times.
- Drives employment generation and economic growth.
Challenges:
- Transportation Issues
- Requires Large Capital Investment
- Low Productivity
- Low Potential Utilisation
Content Source Link:
- https://www.dailypioneer.com/2022/business/target-to-double-crude-steel-output-in-10-yrs--says-modi.html
- https://www.business-standard.com/article/current-affairs/pm-modi-says-india-s-steel-industry-now-2nd-biggest-shares-10-yr-target-122102800943_1.html
Image Source Link:
- https://www.google.com/url?sa=i&url=https%3A%2F%2Fwww.iisssc.org%2F&psig=AOvVaw0TrCq2-AqT4JuxeTDb8F1X&ust=1667275003573000&source=images&cd=vfe&ved=0CA4QjhxqFwoTCJDr6MTJifsCFQAAAAAdAAAAABAX
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Lok Adalat - Edukemy Current Affairs
In News?
The Chhattisgarh government has recently launched Lok Adalat in jails for the speedy disposal of cases for the prisoners of the state.
Beyond News:
- Every working Saturday Lok Adalats will be held and provide relief to undertrials, and also to convicted prisoners (in some cases), by explaining their rights and legal options available such as plea bargaining and settlement.
- This initiative is first-of-its-kind in India.
- It would ease jail overcrowding: There are nearly 20,000 inmates lodged in various jails in Chhattisgarh, far beyond the sanctioned capacity of 14,000.
About Lok Adalat
- Based on Gandhian foundations and it signifies "People's Court."
- It provides ordinary people with informal, affordable, and quick justice and is one of the elements of the Alternative Dispute Resolution (ADR) system.
- According to the Supreme Court, it is an old form of adjudicating system prevalent in ancient India and its validity has not been taken away in the modern days too.
First Lok Adalat camp was established in Gujarat in 1982, as a voluntary and conciliation organization.
- The Legal Services Authorities Act of 1987 granted it statutory status.
Constitution of Lok Adalats:
- The State/District Legal Services Authority or the Supreme Court/High Court/Taluk Legal Services Committee may organize Lok Adalats at such intervals and places and for exercising such jurisdiction and for such areas as it thinks fit.
- Generally, a Lok Adalat consists of a judicial officer as the chairmanand a lawyer (advocate) and a social worker as members.
- National Legal Services Authority (NALSA) along with other Legal Services Institutions conducts Lok Adalats.
- The Legal Services Authorities Act, 1987 wasamended in 2002 to provide for the establishment of the Permanent Lok Adalats to deal with cases pertaining to public utility services.
Eligibility
- All undertrials, heard by a Judicial Magistrate in offences under the Criminal Procedure Code (Cr. PC) such as Petty theft, house trespass, and cheating
- Arrests made Preventive provisions such as: Brawl or violation of special laws such as the Excise Act or Railways Act.
Benefits:
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Jurisdiction:
A Lok Adalat shall have jurisdiction to determine and to arrive at a compromise or settlement between the parties to a dispute in respect of:
- Any case pending before any court, or
- Any matter which falls within the jurisdiction of any court and is not brought before such court.
Powers:
- The Lok Adalat has the same powers as Civil Court under the Code of Civil Procedure (1908).
- It has the requisite powers to specify its own procedure for the determination of any disputecoming before it.
- All proceedings before a Lok Adalat shall be deemed to be judicial proceedings as per the Indian Penal Code (1860).
- An award of a Lok Adalat shall be deemed to be a decree of a Civil Court or an order of any other court.
- Every award made by a Lok Adalat shall be final and binding on all the parties to the dispute. No appeal shall lie to any court against the award of the Lok Adalat.
Content Source Link:
- https://www.thehindu.com/news/national/new-initiative-helps-jailbirds-get-out-of-legal-maze-swiftly-in-chhattisgarh/article66037037.ece,
- https://www.deccanherald.com/national/north-and-central/chhattisgarh-launches-jail-lok-adalat-initiative-for-speedy-disposal-of-cases-1155622.html
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Kalanamak Rice - Edukemy Current Affairs
- Context: Indian Agriculture Research Institute (IARI) has successfully developed two dwarf varieties of Kalanamak rice.
- Named as— Pusa Narendra Kalanamak 1638 and Pusa Narendra Kalanamak 1652, the dwarf varieties resolve the issue of lodging (the top of the plant becomes heavy because of grain formation, the stem becomes weak, and the plant falls on the ground).
- Kalanamak rice is a traditional variety of paddy with a black husk and a strong fragrance that is grown in 11 districts of the Terai region of northeastern Uttar Pradesh and in Nepal.
- The traditional variety has been prone to lodging, a reason for its low yield.
- It is rich in micronutrients such as iron and zinc and can help prevent Alzheimer’s.
- It was awarded Geographical Indication (GI) tag in 2013.
Source:
- Kalanamak rice, ‘Buddha’s gift to people’, is now small, strong - The Hindu
Image source:
- Kalanamak Rice Online “The Buddha Rice”, Organic & Pure | GiTAGGED
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Saras Food Festival - Edukemy Current Affairs
- Context: Saras Food Festival, 2022 has been organized in New Delhi to promote ethnic and homemade handicrafts, paintings, toys, etc., prepared by women of SHGs.
- It is an initiative of the Union Ministry of Rural Development as an effort to empower women on a large scale.
- Women from self-help groups, formed under the flagship program ‘National Rural Livelihoods Mission’of the Union Ministry of Rural Development are participating in this festival.
- This event will give women SHGs an opportunity to showcase their skills in the field of food making and introduce people to the food cultureof our country.
- These SHG women are proficient in making rural products and preparing traditional dishes of their states.
- The Ministry also launched the e-commerce portal for better and more effective marketing of Saras productsprepared by women of self-help groups.
- There are about 8 crore 62 lakh women who are members of SHGs and they have presence in 97% of Blocks, while 85 % of them are directly connected with the network of the Ministry.
Source:
- https://www.pib.gov.in/PressReleseDetail.aspx?PRID=1871641
Image Source:
- https://www.hindustantimes.com/lifestyle/art-culture/traditional-toys-and-where-to-find-them-101618591293651.html
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Sickle Cell Disease - Edukemy Current Affairs
- Context: Researchers at the Indian Institute of Science, Bengaluru have designed a low-cost method to detect sickle cell anaemia.
- Sickle Cell Disease (SCD) is an inherited blood condition that occurs when the body produces abnormal haemoglobin changing red blood cells from normal doughnut-shaped discs to abnormal shapes, including crescent-shaped moons (called as sickling).
- When red blood cells sickle, they can clump together with other cells in the blood and block blood flow, which can lead to complications.
- They become rigid and sticky, which can slow or block blood flow.
- SCD is a genetic condition that is present at birth and can be diagnosed with a simple blood test.
Source:
- Researchers study a new way to treat sickle cell disease | NHLBI, NIH
Image source:
- Sickle cell anemia: Causes, Risk Factors, Diagnosis, Treatment, Dos and Don’ts | Medicover (medicoverhospitals.in)
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Constitution 1st Amendment Act
- Context: The Supreme Court has agreed to examine a PIL challenging changes made to the right to freedom of speech and expression by the first amendment to the Constitution in 1951, with the petitioner contending that the amendment damages the basic structure doctrine.
- The Constitution (First Amendment) Act, 1951 empowered the State to make special provisions to advance socially and economically backward classes.
- Savings legislation allowing for the purchase of estates, etc.
- Added Ninth Schedule to protect from judicial review the land reforms and other legislation included in it. Articles 31A and 31B were added after Article 31, respectively.
- Three more reasons for restricting freedom of speech and expression (Article 19) have been added: public order, friendly relations with foreign states, and incitement to an offence. It also made the restrictions ‘reasonable’ and, therefore, in nature, justiciable.
Sources:
- https://blog.ipleaders.in/the-major-constitutional-amendment-in-indian-history/#First_Amendment_1951
- https://indianexpress.com/article/india/sc-plea-constitution-first-amendment-8239228/
Image source:
- https://www.livemint.com/news/india/delhi-hc-to-resume-physical-hearings-from-31-august-district-courts-from-24-august-11629384318343.html
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Regulating Big Tech: Tread lightly: Indian Express
In News:
Recently the Competition Commission of India imposed a penalty of Rs 1,337.76 crore on Google for “abusing its dominant position” in the Android mobile device ecosystem. In its orders, the CCI has accused the company of adopting “discriminatory practices” and indulging in “anti-competitive” behaviour.
Big Tech companies are transforming India’s digital economy and society in a multitude of ways. Although tech platforms open up new opportunities for bringing products and services to market, somewhere they also wreak serious real-world harm.
Big Tech collectively describes the most prolific and prosperous technology companies in today's marketplace which have an inordinate influence on internet users across the globe. They are often called the Big Five and include the following companies: Amazon, Apple, Facebook, Google, and Microsoft.
Rules and Regulations in India to keep a check on Big Tech:
Issues Related to Big Tech Companies:
- Issue of Privacy: When a person searches for a product online, the ads related to it appear on almost every internet platform they use. While it has many positive aspects, it has massive potential for drastic negative repercussions. Also, there is a lack of transparency in how tech companies process user data, which has made the invasion of privacy a default.
- Increase in Monopoly in Big tech: Big tech companies acquire competitors to buy consumer loyalty instead of earning it. They leverage their market power in one line of business to gain monopolies in others, locking consumers into their ecosystem of products and services. Their consolidated power can also swing elections and change the political mood of a nation.
- Arbitrary Pricing: In the non-digital arena, price determination happens through market forces. However, in the digital space, rules are largely dictated by large platforms. Consumers are products themselves on these platforms.
- Moral Issues: Tech platforms are used to spread disinformation and propagate political polarisation, hate speech, misogynistic abuse, and terrorist propaganda, all things that cause moral panic in the general public.
- Regulatory issues: Due to rapid innovation and advancement by the Big Tech firms, the regulators are only able to react, not be in readiness. These giant platforms maintain that they are only intermediaries and therefore, they can’t be held liable for the content.
In India, the onus is on the Competition Commission to be vigilant against firms gaining an unfair advantage by abusing their dominant market position. It must examine instances of discriminatory and anti-competitive practices of incumbents erecting high entry barriers to limit competition, and whether market dominance in one area translates into an unfair advantage in adjacent markets. Considering that big tech companies transact a large volume of data across the globe, it is necessary to harmonize and regulate them along with maintaining standards for consumer protection.
The regulatory framework for big tech companies to manage their data can be framed through a joint collaboration between the Ministries of Corporate Affairs, Electronics and Information technology, as well as the Competition Commission of India. The government should require BigTech companies to ensure that the data harvested from consumers will not be used for any purpose other than serving the consumer’s interest.
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Dirty bomb - Edukemy Current Affairs
Why in news?
Russia has claimed that Ukraine is planning to use a dirty bomb.
About
- A “dirty bomb” is a dispersion device containing radioactive material such as uranium, but more likely low-grade materials such as cesium-137 or other radioactive materials in common use.
- The material is scattered through the air when its conventional explosive detonates.
- It doesn't need to contain highly refined radioactive material, as is used in a nuclear bomb.
- It uses radioactive materials from hospitals, nuclear power stations, or research laboratories.
- These are cheaper and quicker to make than nuclear weapons. They can also be carried in the back of a vehicle.
Source:
- https://www.thehindu.com/news/national/nuclear-option-should-not-be-resorted-to-by-any-side-rajnath-singh-to-russian-defence-minister-sergei-shoigu/article66056763.ece
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E-Government Survey 2022 - Edukemy Current Affairs
Why in News?
The ‘E-Government Survey 2022: The Future of Digital Government’ was released by the UN Department of Economic and Social Affairs.
About:
- It assesses the digital government landscape across all 193 Member States.
- Key Findings:
- India ranked 105 in the E-Government Development Index and 61 in E-Participation Index, down from the 2020 rank of 100 and 29 respectively.
- Denmark ranked 1 in the E-Government Development Index while Japan ranked 1 in E-Participation Index.
Source:
- https://www.meity.gov.in/e-government-development-index-egdi-under-global-indices
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Kerala Government Compensates Endosulfan Victims
Why in news?
Recently, the Kerala government paid Rs 1,000 to over 5,000 endosulfan victims in Kasaragod.
About
- Endosulfan is an organochlorine insecticide and acaricide that is being phased out globally due to its acute toxicity.
- In 2011, the Stockholm Convention initiated a global ban on the manufacture and use of this chemical because of its threats to the environment and human health.
- It is highly toxic and has a large potential for bioaccumulation.
- It is also an endocrine disruptor. In India, a 2011 Supreme Court order has banned its production and sale until further notice.
- Endosulfan is primarily used as an insecticide in agriculture and it is also used as a wood preservative.
https://www.onmanorama.com/news/kerala/2022/10/26/daya-bai-hunger-strike-endosulfan-victims-kasaragod.html
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Indian Urban Housing Conclave 2022
Why in news?
Indian Urban Housing Conclave (IUHC) 2022, the 3-day Expo-cum-Conference at Rajkot, Gujarat, ended on a high note.
About
- ‘Indian Urban Housing Conclave’ provides a platform for all stakeholders to demonstrate their technologies as well as deliberate upon various options of technologies, materials, and processes for large-scale adoption and mainstreaming in a different type of housing construction suitable for different Geo-climatic regions of the country.
- It will create enabling ecosystem for further adoption by Public/Private Agencies, R&D and Technical Institutions, Construction Agencies, Developers, Contractors, Start-ups, and other stakeholders.
- Further, beneficiaries (house owners) will have access to innovative, rapid, and cost-effective construction technologies and materials for use.
- It will also help to devise strategies, action plans, and roadmaps for achieving the vision of “Future Ready Urban India” focussed on urban housing during the ‘Amrit Kaal’.
https://pib.gov.in/PressReleseDetailm.aspx?PRID=1870277
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Sakharov Prize 2022 - Edukemy Current Affairs
Why in news?
The Ukrainian people were awarded the European Parliament’s 2022 Sakharov Prize.
About
- The Sakharov Prize for Freedom of Thought is the highest tribute paid by the European Union to human rights work.
- It was awarded for the first time in 1988 to Nelson Mandela and Anatoli Marchenko.
- It gives recognition to individuals, groups and organisations that have made an outstanding contribution to protecting freedom of thought.
- The prize has so far been awarded to dissidents, political leaders, journalists, lawyers, civil society activists, writers, mothers, wives, minority leaders, an anti-terrorist group, peace activists, an anti-torture activist, a cartoonist, long-serving prisoners of conscience, a film-maker, the UN as a body and even a child campaigning for the right to education.
- It promotes in particular freedom of expression, the rights of minorities, respect for international law, the development of democracy and the implementation of the rule of law.
- Several laureates, including Nelson Mandela, Malala Yousafzai, Denis Mukwege and Nadia Murad, went on to win the Nobel Peace Prize.
https://www.europarl.europa.eu/news/en/headlines/priorities/sakharov-2022
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Doctrine of Judicata - Edukemy Current Affairs
Why in news?
The Supreme Court observed that the doctrine of res judicata is attracted not only in separate subsequent proceedings but also at a subsequent stage of the same proceedings.
About
- Res Judicata is a phrase which has evolved from a Latin maxim, which stands for ‘the thing has been judged, meaning thereby that the issue before the court has already been decided by another court, between the same parties.
- The principle of res judicata applies when a litigant attempts to file a subsequent lawsuit on the same matter, after having received a judgement in a previous case involving the same parties.
- It provides finality to litigation and protects parties from being vexed by the same matter twice. It is defined under Section 11 of the Civil Procedure Code.
Source:
- https://www.livelaw.in/top-stories/supreme-court-res-judicata-attracted-same-proceedings-s-ramachandra-rao-vs-s-nagabhushana-rao-2022-livelaw-sc-861-212102
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Indian Society: Superstition in India
Background
In Kerala, two women were killed for ‘ritualistic human sacrifices', as part of an occult for the economic well-being of the accused couple.
About Superstition in India
- Superstition is a belief or practice resulting from ignorance, fear of the unknown, trust in magic or chance, or a false conception of causation.
- As per the 2021 NCRB report, six deaths were linked to human sacrifices, while witchcraft was the motive for 68 killings.
- Black magic means a type of magic which is believed to use the power of the devil in order to help or harm another person.
- Reasons for superstitions:
- People’s Cultural beliefs and religious practices.
- Unscientific practices such as faith healing, quackery, and misinformation regarding medical procedures.
- Patriarchal norms and attempts to deprive women of land and property and to take revenge when women refuse sexual advances made on them.
Superstition-related crimes violate:
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- Fundamental rights - Article 14, 15, and 21.
- International legislations - Universal Declaration of Human Rights 1948, International Covenant on Civil and Political Rights 1966, and Convention on the Elimination of All Forms of Discrimination against Womenm1979.
Laws related to Superstition in India:
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- Indian Penal Code (IPC) prescribes punishment for related crimes like abduction and murder, but not for harming others via furthering superstitious and outdated beliefs.
- But, there is no central law that exclusively deals with crimes related to witchcraft, superstition, or occult-inspired activities.
- Provisions under the Drugs and Magic Remedies Act of 1954 aims to tackle the debilitating impact of various superstitious activities.
- Way Forward:
- Setting up special courts for providing speedy trials in all cases.
- Efficient police administration.
- Social Reform and educating the masses to increase awareness through information campaigns.
- Unclog society by removing myths.
- Need for Central Legislation to reduce related crimes.
Quote
“Fear is the main source of superstition, and one of the main sources of cruelty. To conquer fear is the beginning of wisdom.” - Bertrand Russell
Source:
- State anti-superstition laws not enough. India needs a central law, focus on victim not crime
Image source:
- Explained | What are the laws against black magic and superstition in India?
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