Demand for same-sex marriage’s recognition is ‘urban elitist view’: Centre

• The Centre told the Supreme Court on Monday that the demand for legal recognition of same-sex marriage is merely a voicing of “urban elitist views” for the purpose of social acceptance.
• The court should not try judicially to create a “new social institution” by endorsing same-sex marriages. The judges should leave the task to Parliament, the people would decide whether such a “marriage of a different kind” is socially and religiously acceptable or not, the Centre said
• “Creation or recognition of a new social institution cannot be claimed as a matter of right/choice, much less a fundamental right,” the Centre said. The right to personal autonomy does not include a right for the recognition of same-sex marriage.
• The court would adjudicate solely on the basis of petitions containing “elitist views”, while the legislature, on the other hand, would take into consideration broader views and voices of the rural, semi-rural and urban population, the religious denominations, personal laws and customs and effect of same-sex unions on other laws governing marriage. The existing concept of marriage as a heterogenous institution has the sanctity of law and religion, the Centre said.
• Centre said fundamental rights such as the right to choose one’s sexual orientation as well as the right to privacy have already been protected under the Transgender Persons (Protection of Rights) Act, 2019. “Any further creation of rights, recognition of relationship and giving legal sanctity to such relationships can be done only by the competent legislature and not by judicial adjudication,”

Arguments in favor of same-sex marriage

• Equal Rights and Protection Under the Law: All individuals, regardless of their sexual orientation, have the right to marry and form a family.
  • Same-sex couples should have the same legal rights and protections as opposite-sex couples.
  • Non-recognition of same-sex marriage amounted to discrimination that struck at the root of the dignity and self-fulfillment of LBTQIA+ couples.
• Strengthening Families and Communities: Marriage provides social and economic benefits to couples and their families. Allowing same-sex couples to marry strengthens families and communities by promoting stability and security.
• Global Acceptance: Same-sex marriage is legal in many countries around the world, and denying this right to individuals in a democratic society goes against the global principles.
  • In 133 countries homosexuality decriminalised, but only in 34 of them same-sex marriage is legal.
  • Countries legalised same sex marriage: Andorra, Argentina, Australia, Austria, Belgium, Brazil, Canada, Chile, Colombia, Costa Rica, Cuba, Denmark, Ecuador, Finland, France, Germany, Iceland, Ireland, Luxembourg, Malta, Mexico, the Netherlands, New Zealand, Norway, Portugal, Slovenia, South Africa, Spain, Sweden, Switzerland, Taiwan, the United Kingdom, the United States of America and Uruguay.

Chhattisgarh CM writes to PM seeking inclusion of higher quota Bills in Ninth Schedule

• Chhattisgarh Chief Minister Bhupesh Baghel on Monday wrote to Prime Minister Narendra Modi seeking the inclusion of two amendment Bills allowing for higher quota in jobs and educational institutions, in the Ninth Schedule of the Constitution.
• The two amendment Bills — that pave the way for a 76% quota for Scheduled Castes, Scheduled Tribes and Other Backward Classes — were passed unanimously by the Assembly, but are yet to receive a nod by the Governor.
• Mr. Baghel, in his letter, presented the demographics of the State and wrote that the “socio-economic and educational condition of the OBC people of the State is as weak as that of the SC/ST people. Three-fourths of these classes are farmers, marginal and small farmers and a large number of them are agricultural labourers”.

High Court ruling

• The Chhattisgarh High Court struck down a 2013 State government order to allow a 58% quota, holding that reservation above the 50% ceiling was “unconstitutional”, followed by the passage of the Chhattisgarh Public Service (Scheduled Castes, Scheduled Tribes and Other Backward Classes Reservation) Amendment Bill and the Chhattisgarh Educational Institutions (Reservation in admission) Amendment Bill.
• The former Governor for refusing to sign the Bills was a Supreme Court ruling on capping the reservations at 50%.
• The stalemate between the government and the Raj Bhavan has continued over the past four months despite a change in guard. Chief Minister Baghel again urged Governor to either give his assent or return the Bills to the Assembly.

Ninth Schedule

• The Schedule contains a list of central and state laws which cannot be challenged in courts and was added by the Constitution (First Amendment) Act, 1951.
  • The first Amendment added 13 laws to the Schedule. Subsequent amendments in various years have taken the number of protected laws to 284 currently.
• It was created by the new Article 31B, which along with Article 31A was brought in by the government to protect laws related to agrarian reform and for abolishing the Zamindari system.
  • While Article 31A extends protection to ‘classes’ of laws, Article 31B shields specific laws or enactments.
  • While most of the laws protected under the Schedule concern agriculture/land issues, the list includes other subjects.
• Article 31B also has a retrospective operation which means that if laws are inserted in the Ninth Schedule after they are declared unconstitutional, they are considered to have been in the Schedule since their commencement, and thus valid.
• Although Article 31B excludes judicial review, the apex court has said in the past that even laws under the Ninth Schedule would be open to scrutiny if they violated Fundamental Rights or the basic structure of the Constitution.

Justice Joseph recuses from hearing plea against Goel’s appointment as EC

• Supreme Court judge Justice K.M. Joseph on Monday recused from hearing a petition challenging the appointment of Arun Goel as the Election Commissioner.

Election Commission of India (ECI)

• It is a constitutional body responsible for administering elections in India according to the rules and regulations mentioned in the Constitution of India.
• It was established on January 25, 1950.
• It’s aim is to define and control the process for elections conducted at various levels: Parliament, State Legislatures, and the offices of the President and Vice President of India.
• The ECI implements norms and the Model Code of Conduct (MCC) to ensure free and fair elections in the country.

Constitutional Provisions

• Article 324: Superintendence, direction and control of elections to be vested in an Election Commission.
• Article 325: No person to be ineligible for inclusion in, or to claim to be included in a special electoral roll on the ground of religion, race, caste or sex.
• Article 326: Elections to the Lok Sabha and Legislative Assemblies of States to be on the basis of adult suffrage.
• Article 327: Power of Parliament to make provision with respect to elections to legislature.
• Article 328: Power of Legislature of a State to make provision with respect to elections to such Legislature.
• Article 329: Bar to interference by courts in electoral matters.

Appointment & Conditions of Service

• The President of India appoints the Chief Election Commissioner and Election Commissioners.
• They have tenure of six years, or up to the age of 65 years, whichever is earlier.
• They enjoy the same status and receive salary and perks as available to Judges of the Supreme Court of India.

Removal of Election Commissioners

• The Chief Election Commissioner (CEC) can be removed from office only through impeachment by Parliament.
• The CEC can be removed from office only through a process of removal similar to that of a Supreme Court Judge by Parliament.
• The President of India can remove the other officers on the Chief Commissioner''s recommendation.
• They can resign anytime or can also be removed before the expiry of their term.

CEC vs ECs

• Though the Chief Election Commissioner is the chairman of the election commission, his powers are equal to the other election commissioners. All the matters in the commission are decided by the majority amongst its members.
• The Chief Election Commissioner and the two other election commissioners receive equal salary, allowances and other benefits.

Pittas find new haven in Odisha districts

• In the first-ever census of mangrove pitta birds carried out in two coastal districts of Odisha, 179 such birds were sighted.
• Mangrove pitta birds are a nearly threatened species found in a few pockets of eastern India, including Bhitarkanika in Odisha and the Sundarbans in West Bengal.
• The mangrove pitta is found in coastal mangrove forests of India, foraging on the ground and resting on the trees.
• The census was carried out by point count method, either by walking in the forest or using country boats in the creeks. A total of 179 individual mangrove pitta birds were counted.
• The highest concentration of the birds has been found in the mangroves near the Mahipura river mouth inside the Bhitarkanika National Park,” the DFO said.

Bhitarkanika National Park

• Bhitarkanika National Park is spread in a vast area of 672 Kms in Orissa.
• It is the second largest Mangrove ecosystems of India.
• The National Park is essentially a network of creeks and canals which are inundated with waters from rivers Brahmani, Baitarani, Dhamra and Patasala forming a unique ecosystem.
• Its proximity to Bay of Bengal makes the soil of the area enriched with salts, the vegetation and the species of the sanctuary is comprised of those which are mainly found in the tropical and subtropical inter tidal regions.
• It is the breeding place for the Salt Water Crocodiles.
• The Gahirmatha Beach which forms the boundary of the sanctuary in the east is the largest colony of the Olive Ridley Sea Turtles.
• The other unique phenomenon is the Bagagahana or the heronry near Surajpore creek.
  • Thousands of birds colonise the creek for nesting and the aerial acrobatics performed prior to mating make for an impressive sight.
• Bhitarkanika is also home to eight varieties of Kingfisher birds which is also a rarity.