Acts Flashcards
The Election Laws Amendment Bill, 2021 seeks to amend ___
Representation of People Act 1950 and 1951
why will Section 23 of the RP Act 1950 be amended
to allow voluntary linking of voters roll with aadhar
why does it seek to amend section 14 of rp act 1950
to introduce 4 qualifying dates, 1 jan, 1 april, 1 july, 1 october
why does it want to change sec 20 of rp act 1950 and sec 60 of rp act 1951
to make it gender neutral for service voter and bring a change from wife to spouse for husbands of female army officers
This linking of the Aadhar card with the electoral role is in consonance with 105th report of the ____________
Department Related Parliamentary Standing Committee on Personal, Public Grievances and Law and Justice.
the UP anti conversion law is called
Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act 2021 , following from the prohibition of unlawful religious conversion ordinance 2020
how many cases has up registered under the ordinance
108
how many people were arrested and how many people were charged (chargesheet filed)
189 arrests and 72 chargesheets filed
31 accused were minors
how many victims have said they were forced to convert
77
under the law, unlawful conversion is a ___________ offence
non-bailable offence
the onus of proof lies on
the defendent (must prove they are not guilty)
the notice period for religious conversion must be sent to
what is the notice period
DM
notice period - two months
the notice period for religious conversion must be sent to
what is the notice period
DM
notice period - two months
if a woman has converted for the sole purpose of ________, __________ would be declared null and void
marriage, marriage is voided
Violation of the provisions of the law would invite a jail term of not less than _____ extendable to ____ with a fine of ₹15,000.
one year to five years
If a _________________________________________- was converted through the said unlawful means, the jail term would be a minimum of three years and could be extended to 10 years with a fine of ₹25,000.
minor woman or a woman from the Scheduled Caste or Scheduled Tribes communities
cancellation of registration of social organisations conducting ____________________
mass conversions.
cancellation of registration of social organisations conducting ____________________
mass conversions.
the Allahabad high court said in a verdict (Salamat Ansari-Priyanka Kharwar case) that
the right to choose a partner or live with a person of choice was part of a citizen’s fundamental right to life and liberty.
which FRs does the law stand in contention with
Article 21 of the constitution which guarantees individuals the right to marry a person of one’s choice.
under Article 25, freedom of conscience, the practice and conversion of religion of one’s choice including not following any religion, are also guaranteed.
the law employs the use of open-textured phrases such as
“undue influence”, “allurement” and “coercion”.
what was the first bill introduced in the parliament ot regulate religious conversions and when was it done
Indian Conversion (Regulation and Registration) Bill was introduced in 1954, which sought to enforce “licensing of missionaries and the registration of conversion with government officials”. This bill failed to gather majority support in the Lok Sabha.
Backward Communities (Religious Protection) Bill in 1960
“which aimed at checking conversion of Hindus to ‘non-Indian religions’ which, as per the definition in the Bill, included Islam, Christianity, Judaism and Zoroastrianism”.
The Freedom of Religion Bill was introduced in Parliament in 1979.
It sought “official curbs on inter-religious conversion.” These bills were also not passed by Parliament due to a lack of political support.
In 2015, the Union law ministry had given the opinion that a law against forced and fraudulent conversions
could not be created at a national level, since law-and-order is a State subject under the Constitution.
what are some princely states that enforced anti-conversion laws “in an attempt to preserve Hindu religious identity in the face of British missionaries”
including but not ltd to Kota, Bikaner, Jodhpur, Raigarh, Patna, Surguja, Udaipur, and Kalahandi
what were the first states to implement ‘freedom of religion’ laws
orissa and MP
how many states have anti-conversion laws
10
Arunachal Pradesh, Odisha, Madhya Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, and Uttarakhand, UP, Karnataka (last, dec 2021)
in which case did the supreme court hold that the right to propagate religion does not include the right to convert
Rev Stanislaus vs Madhya Pradesh, 1977
used by the state in its argument for the law
Right to convert is part of fundamental right of choice was held in
Hadiya case
2018
Full case name Shafin Jahan v. Asokan K.M & ORS
which act described by the allahabad hc as ‘one of the earliest endeavours towards the ucc’ and allows for secular solemnization of marriage without any religious customs
special marriage act 1954
in january 2021, the Allahabad High Court has struck down the provisions under Section ________ of the
5
Special Marriage Act that required parties to give a 30-day mandatory public notice of their intention to marry.
The Special Marriage Act is a central legislation made to validate and register interreligious and inter-caste marriages in India.
It allows two individuals to solemnise their marriage through a ____________
civil contract.
The Special Marriage Act is a central legislation made to validate and register interreligious and inter-caste marriages in India.
It allows two individuals to solemnise their marriage through a ____________
civil contract.
Section 4 of the SMA, 1954
lays down the conditions for marriage
It says that neither of the parties should have a spouse living.
Both the parties should be capable of giving consent; should be sane at the time of marriage.
The parties shall not be within the prohibited degree of relations as prescribed under their law.
While considering the age, the male must be at least 21 and the female be 18 at least.
Section 6
Anyone having any objection to the marriage can file against it within a period of 30 days(after notice is issued). If any such objection against the marriage is sustained by the marriage officer, the marriage can be rejected.
The HC made it optional for the parties to the intended marriage to make a request in writing to the Marriage Officer to publish or not to publish a notice under __________ of the Act of 1954.
Section 5 and 6
Publishing marriage details made optional
to whom is the SMA act applicable
indian citizens and indian nations living abroad (NRIs)
Indian national means a citizen of India and includes a firm or other association, if all the members of the firm or, as the case may be, the members of the association, are citizens of India;
NDPS
Narcotic Drugs and Psychotropic Substances Act, 1985
prohibits a person the production/manufacturing/cultivation, possession, sale, purchasing, transport, storage, and/or consumption of any narcotic drug or psychotropic substance.
the NDPS amendment bill 2021 seeks to replace
an ordinance promulgated on September 30 this year.
why was the ordinance promulgated
The bill was introduced by the government to rectify an error that made provisions in Section 27A of the Act — providing for punishment of those financing illicit trafficking and those harbouring offenders
the Act was amended in 2014 to ease access of narcotic drugs for medical necessities, but the penal provision was not amended accordingly.
who pointed out this discprepancy
In June 2021, the Tripura High Court found the oversight in the law and directed the Union Home Ministry to amend the provisions of Section 27.
who introduced the bill
nirmala sitharaman
the ‘clerical error’ has caused the sec 27a to become inoperable
The text of the provision says that offences mentioned under Section 2 (viiia) sub-clauses i-v are punishable through Section 27A.
However, Section 2 (viiia) sub-clauses i-v, which is supposed to be the catalog of offences, does not exist after the 2014 amendment. (it has accidentally been made blank when publishing)
So, if Section 27A penalises a blank list or a non-existent provision, it can be argued that it is virtually inoperable.
what is the change made in act
the list of punishable activies under clause (viiia) of section 2 by section 27a was moved to clause (viiib) of section 2 by the 2014 amendment but the the writing continued to remain for penalties for activities under clause (viiia) of section 2 which is essentially a blank list after the amendment
thus now the writing will be changed to clause (viiib) of section 2
section 27
The provision reads that whoever indulges in financing, directly or indirectly, any of the activities specified in sub-clauses (i) to (v) of “clause (viiia)”* of section 2 or harbours any person engaged in any of the aforementioned activities shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees:
Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.
changed to (viib)*
sec 27 punishment
10 to 20 years
1 to above 2 lakhs fine
what was defined by the amendment of 2014
‘essential drugs’
to make easy access to medical drugs
The new provision is giving retrospective effect from
1st May 2014.
the retrospective effect of the amendment is in violation of / contention with article —- of the constitution
article 20 specifically clause (1)
(1) ex post facto laws
(2) double jeopardy
(3) self-incrimination
International Day against Drug Abuse and Illicit Trafficking.
June 26
was chosen by the UN General Assembly, on December 7, 1987, as International Day against Drug Abuse and Illicit Trafficking.
retrospective laws are not applicable for
criminal laws
what is the jurisdiction of the NDPS act
all of india
NRIs
all persons aboard india registered ships and aircraft
what is the jurisdiction of the NDPS act
all of india
NRIs
all persons aboard india resgistered vehicles
what is the jurisdiction of the NDPS act
all of india
NRIs
all persons aboard india resgistered vehicles
what is the jurisdiction of the NDPS act
all of india
NRIs
all persons aboard india resgistered vehicles
what is the jurisdiction of the NDPS act
all of india
NRIs
all persons aboard india resgistered vehicles
what is the jurisdiction of the NDPS act
all of india
NRIs
all persons aboard india resgistered vehicles
how many times has the ndps act been amended
3 times
1988
2001
2014
it provides ___________ in some cases where the person is a repeat offender
death penalty
property derived from or used in illicit traffic of narcotic drugs and psychotropic substances can be
forfeited
as the ndps bill been passed
yes
___________ prohibits a person from producing, possessing, selling, purchasing, transporting, storing, and/or consuming any narcotic drug or psychotropic substance.
NDPS Act
NCB
The Narcotics Control Bureau is an Indian central law enforcement and intelligence agency under the Ministry of Home Affairs, Government of India. The agency is tasked with combating drug trafficking and the use of illegal substances under the provisions of Narcotic Drugs and Psychotropic Substances Act.
statutory body
parent organization: ministry of home affairs
The Narco-Coordination Centre (NCORD) was constituted in _______________ and the scheme of “Financial Assistance to States for Narcotics Control” was revived.
2016
Seizure Information Management System (SIMS)
Seizure Information Management System: Narcotics Control Bureau has been provided funds for developing a new software i.e. Seizure Information Management System (SIMS) which will create a complete online database of drug offences and offenders.
National Drug Abuse Survey:
The government is also conducting a National Drug Abuse Survey to measure trends of drug abuse in India through the Ministry of Social Justice & Empowerment with the help of National Drug Dependence Treatment Centre of AIIMS
National Drug Abuse Survey:
The government is also conducting a National Drug Abuse Survey to measure trends of drug abuse in India through the Ministry of Social Justice & Empowerment with the help of National Drug Dependence Treatment Centre of AIIMS
Project Sunrise:
It was launched by the Ministry of Health and Family Welfare in 2016, to tackle the rising HIV prevalence in north-eastern states in India, especially among people injecting drugs.
‘Nasha Mukt Bharat Abhiyaan’
The ‘Nasha Mukt Bharat Abhiyaan’ or a ‘Drugs-Free India Campaign’ was flagged off on 15th August 2020 across 272 districts of the country found to be most vulnerable based on the data available from various sources.
Nasha Mukt Bharat: Government has also announced the launch of the ‘Nasha Mukt Bharat’, or Drug-Free India Campaign which focuses on community outreach programs.
Darknet
refers to the hidden internet platform used for narcotics sale, exchange of pornographic content and other illegal activities by using the secret alleys of the onion router (ToR- a free and open-source software for enabling anonymous communication) to stay away from the surveillance of law enforcement agencies.
National Policy on Narcotic Drugs and Psychotropic Substances is based on
article 47 (dpsps 36 to 51) The National Policy on Narcotic Drugs and Psychotropic Substances is based on Article 47 of the Indian Constitution which directs the State to endeavour to bring about prohibition of the consumption, except for medicinal purposes, of intoxicating drugs injurious to health.
Drug abuse control is the responsibility of the __________-government.
central
Narcotics Control Bureau or NCB is an Indian Central Law Enforcement and Intelligence Agency
Motto and number of employees
Its motto is Intelligence Enforcement Coordination.
1001 employees
HQ and agency executive
Agency Executive is Satya Narayan Pradhan, IPS, Director General.
New Delhi
1988 NCB amendment was made to
to fulfil India’s obligations under Single Convention on Narcotic Drugs, Convention on Psychotropic Substances and also United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.
NCB is outside the purview Right to Information Act under _______________of the RTI Act 2005.
Section 24(1)
field units of the Narcotics Control Bureau are located in
Mumbai, Indore, Kolkata, Delhi, Lucknow, Jodhpur, Chandigarh, Jammu, Ahmedabad, Bengaluru, Guwahati and Patna.
Section 24(1) of the RTI Act 2005.
provisions of the RTI Act will not apply to Intelligence and Security organisation except in cases of alleged Human rights violation and/or Corruption
law minister
kiren rijiju
