Diversity and society

Question 1

What is the issue regarding the special marriage act and objection from public

Answer 1

A petition was filed to discontinue with the provision of inviting objection from public while applying for marriage registration under the Special Marriage Act

The petition has sought to quash section 6 and 7 of SMA, = publication of the public notice, on the ground that it is unreasonable and arbitrary.

The petitioner argues that the 30-day period offers an opportunity to kin of the couple to discourage an inter-caste or inter-religion marriage.

Question 2

What are the controversial provisions in the special marriage act 1954 why the law needs review

Answer 2

Registration of the marriage requires a public notice end a person can object to a marriage registration
Anybody can raise an objection in the 30 day period
Does not accommodate same-sex marriages

Why

1. Vulnerable to coercive tactics by family.
2. Intrusion of privacy.
3. Pushes for religious conversion.

Question 3

Name the 12 Swachch iconic places/ tourist destinations , who named them

Answer 3

Ministry of Jal Shakti announces selection of 12 sites for transforming them into ‘Swachh Tourist Destinations’ under Phase-IV.

The 12 sites are:
1. Ajanta Caves, Maharashtra
2. Sanchi Stupa, Madhya Pradesh
3. Kumbhalgarh Fort, Rajasthan
4. Jaisalmer Fort, Rajasthan
5. Ramdevra, Jaisalmer, Rajasthan
6. Golconda Fort, Hyderabad, Telangana
7. Sun Temple, Konark, Odisha
8. Rock Garden, Chandigarh
9. Dal Lake, Srinagar, Jammu & Kashmir
10. Banke Bihari Temple, Mathura, Uttar
Pradesh
11. Agra Fort, Agra, Uttar Pradesh
12. Kalighat Temple, West Bengal

Question 4

Discuss the Swachch iconic places initiative

Answer 4

Ministry of Drinking Water and Sanitation under Swachh Bharat Mission.

Aims to take iconic places and their surroundings to higher standards of Swachhata, so that all visitors benefit and also take away home the message of cleanliness.

Implementation of the project: It is a collaborative project with three other central Ministries:
Urban Development,
Culture, Tourism;
all levels in the concerned States and more importantly, Public Sector and Private companies as partners.

Initiatives taken up under Swachh Iconic Places initiative:

1. Improved sewage infrastructure,
2. installation of Sewage Treatment Plant (STP),
3. drainage facilities,
4. improved sanitation facilities,
5. water vending machines,
6. solid and liquid waste management (SLWM) set-up, 7.structure restoration,
7. lighting arrangements,
8. beautification of parks, roads maintenance, better 10.transport facilities in approach and access areas besides at the main sites.

Question 5

Who released to the state of the world indigenous people report

Answer 5

United Nations Department of economic and social affairs

Question 6

What are the legal provisions in India regarding protecting the rights of indigenous people

Answer 6

Fifth Schedule of Constitution of India (Article 244)
= special system of administration for certain areas designated as scheduled areas and tribal areas in any state except the four states of Assam, Meghalaya, Tripura and Mizoram

administration in the Fifth Schedule areas:

1. Declaration of Scheduled Areas with President of India in consultation with governor of the state concerned.
2. Tribes Advisory Council
3. Law applicable to Scheduled Areas with governor empowered to direct that any particular act of Parliament or the state legislature does not apply to a scheduled area.
4. president to appoint a commission to report on the administration of the scheduled areas and the welfare of the scheduled tribes in the states.

• Sixth Schedule of the Constitutions
= administration of the tribal areas in the four states of Assam, Meghalaya, Tripura and Mizoram.

• Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation & Resettlement (LARR) Act, 2013 -
consent of 80% land owners required for private projects, 70% land owners required for Public-Private Partnership projects and no consent is required for government projects.
o Act exempts 13 laws (such as the National Highways Act, 1956 and the Railways Act, 1989) from its ambit.
o If land acquired under the Act remains unutilised for five years from taking possession, it must be returned to the original owners or a land bank.
o The Act provides the option of employment to one member of an affected family as part of the rehabilitation and resettlement award.
o establishment of a Land Acquisition, Rehabilitation and Resettlement (LARR) Authority which may be approached in case a person is not satisfied with an award under the Act.

• Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006

Question 7

Who are known as indigenous people

Answer 7

Indigenous peoples are inheritors
and practitioners of unique
cultures and ways of relating to people and the environment.
They have retained social, cultural, economic and political characteristics that are distinct from those of the dominant societies in which they live.

Question 8

What are the statistics regarding indigenous people in India

Answer 8

Indigenous peoples in India comprise an estimated population of 104 million or 8.6% of the national population, almost 90% of them living in rural areas.
o In India, 705 ethnic groups are notified as Scheduled Tribes (STs) spread across 30 States or Union
Territories, these are considered to be India’s indigenous peoples that includes 75 identified PVTGs.

Question 9

What are the rights of indigenous people

Answer 9

Inherentrightsofindigenouspeoples:
1. Collective and individual right to their ancestral land, territories and resources also, exercise control and management of their right to lands, territories and resources;
2. To self-government by their own institutions and authorities within their lands and territories;
3. To fair and equitable benefit sharing from conservation and development actions involving theirlands, territories, resources, and people
4. To conserve, develop, use and protect
their traditional knowledge

Question 10

What are the international provisions regarding indigenous people

Answer 10

• Indigenous and Tribal Peoples Convention 1957:
o First international treaty to specifically deal with indigenous rights,
o Article 1 indicates that self-identification as indigenous or tribal shall be regarded as a fundamental criterion for determining the groups to which the provisions of this Convention apply.
o It was replaced with Indigenous and Tribal Peoples Convention, 1989

• United Nations Declaration on the Rights of Indigenous Peoples: Article 33 importance of self-identification, that indigenous peoples themselves define their own identity as indigenous.