Secular laws, Zika virus

WHY IN NEWS?

The Supreme Court of India recently clarified that divorced Muslim women can seek maintenance under secular laws like the Code of Criminal Procedure (CrPC), alongside provisions in the Muslim Women (Protection of Rights on Divorce) Act, 1986. This verdict addresses the historical impact of the 1986 Act, which initially limited maintenance rights to Muslim personal law, challenging India’s secular principles. The decision ensures Muslim women’s access to broader legal remedies, reaffirming their right to maintenance and underscoring the Court’s role in harmonizing rights across religious and secular domains.

SUMMARY OF THE NEWS:

The Supreme Court of India affirmed that divorced Muslim women can seek maintenance under secular laws like the CrPC, clarifying that the 1986 Muslim Women (Protection of Rights on Divorce) Act does not exclude this right. This decision reconciles conflicting legal interpretations and upholds equality in access to maintenance for Muslim women, regardless of personal or secular legal frameworks.

SECULAR LAWS:

Indian Penal Code (IPC):

• Enacted in 1860, it is the main criminal code of India.
• Provides definitions of various crimes and prescribes punishments for them.
• Secular in nature as it applies uniformly to all citizens regardless of religion.

Code of Criminal Procedure (CrPC):

• Enacted in 1973, it provides procedures for the administration of criminal justice in India.
• Covers procedures for investigation, trial, and appeals in criminal cases.
• Secular in nature as it applies uniformly to all citizens regardless of religion.

Code of Civil Procedure (CPC):

• Enacted in 1908, it governs the procedure for civil cases in India.
• Covers procedures for filing suits, conduct of trials, and execution of decrees.
• Applicable to all citizens irrespective of religion, thus considered secular.

Special Marriage Act, 1954:

• Allows for solemnization of marriages between individuals belonging to different religions or no religion.
• Provides for a secular legal framework for marriage and divorce.
• Ensures uniformity and secularism in the personal laws related to marriage.

The Constitution of India:

• Though not a statute, it forms the fundamental law of India.
• Secularism is one of its basic features (Article 25-28).
• Provides for equality before the law (Article 14) and prohibits discrimination on grounds of religion (Article 15).

Consumer Protection Act, 2019:

• Deals with consumer disputes and provides for consumer rights.
• Secular in nature as it applies to all consumers without any religious distinction.

Right to Information Act, 2005:

• Ensures transparency and accountability in governance by providing citizens with the right to access information from public authorities.
• Secular as it applies to all citizens uniformly.

Protection of Women from Domestic Violence Act, 2005:

• Provides for protection of women from domestic violence and for matters connected therewith or incidental thereto.
• Applicable to all women irrespective of religion, ensuring a secular approach to protection against violence.

PYQ:

Year: 2021(prelims):

Question: Consider the following statements:

   1. The Right to Information Act covers only the executive and legislative branches of government and not the judiciary.

   2. The Central Information Commission (CIC) has been constituted by an act of Parliament.

   Which of the statements given above is/are correct?

   – (a) 1 only

   – (b) 2 only

   – (c) Both 1 and 2

   – (d) Neither 1 nor 2

Answer: (b) 2 only. Statement 1 is incorrect because the Right to Information Act covers all three branches of government: executive, legislative, and judiciary. Statement 2 is correct because the Central Information Commission (CIC) has indeed been constituted by an act of Parliament.

Year: 2015(prelims):

Question: Which of the following is not a fundamental duty of the citizen of India?

   – (a) To preserve the rich heritage of our composite culture

   – (b) To protect and improve the natural environment

   – (c) To safeguard public property

   – (d) To develop the scientific temper and spirit of inquiry

Answer: (c) To safeguard public property. This is not listed as a fundamental duty under Article 51A of the Indian Constitution.

Year: 2020(Mains):

Question: Discuss the role of the National Commission for Scheduled Castes (NCSC) as the watchdog of the implementation of safeguards for the Scheduled Castes under the Constitution of India.

HINT: This question requires an analysis of the constitutional provisions related to Scheduled Castes, the mandate and functions of the NCSC, its role in monitoring the implementation of safeguards, and its impact on the empowerment of Scheduled Castes in India.

Year: 2018(Mains):

Question: Examine the scope of Fundamental Rights in the Constitution of India and their enforcement.

HINT: This question demands an exploration of the Fundamental Rights guaranteed under Part III of the Constitution, their significance, limitations, and mechanisms available for their enforcement, such as writ jurisdiction of the Supreme Court and High Courts.

WHY IN NEWS?

The resurgence of Zika virus in India has prompted heightened surveillance and control measures in Maharashtra and Karnataka, following cases including fatalities. Officials emphasize mosquito control as monsoon conditions escalate breeding risks. With no approved diagnostic test yet available in India, laboratories face delays in processing samples, hindering effective detection. Amidst ongoing research, vaccines for Zika virus remain under development globally, including promising initiatives by Indian pharmaceutical firms.

SUMMARY O THE NEWS:

The Zika virus has reemerged in India, with 15 cases, including pregnant women, detected in Pune, Maharashtra, and a fatal case in Karnataka. Authorities are intensifying surveillance and urging public vigilance against mosquito breeding. Challenges in Zika diagnosis persist due to the lack of an approved test, leading to delays in confirmation. Zika infection, transmitted by Aedes mosquitoes, poses risks like microcephaly in infants and Guillain-Barré syndrome in adults. Vaccine development is ongoing, with Indian firms actively researching potential solutions.

ZIKA VIRUS:

• Discovery: Zika virus was first identified in 1947 in the Zika Forest of Uganda, Africa, in a monkey.
• Human Transmission: The first human cases were reported in Uganda and Tanzania in 1952.

Transmission:

Vector: Primarily transmitted by Aedes mosquitoes, particularly Aedes aegypti and Aedes albopictus.

Other Modes: Can also be transmitted through sexual contact, from mother to fetus during pregnancy, and through blood transfusion.

Symptoms:

• Majority Asymptomatic: About 80% of infected individuals do not show symptoms.
• Symptomatic Cases: Symptoms, when present, include fever, rash, joint pain, conjunctivitis (red eyes), muscle pain, and headache.
• Duration: Symptoms typically last for 2-7 days.

Complications:

• Congenital Zika Syndrome: Infection during pregnancy can lead to microcephaly (abnormally small head and brain), other brain defects, and neurological disorders in infants.
• Guillain-Barré Syndrome (GBS): Rare, but Zika virus infection has been associated with GBS, a condition where the immune system attacks the nerves.

Diagnosis:

• Clinical Diagnosis: Based on symptoms and history of travel to areas with Zika transmission.
• Laboratory Diagnosis: Confirmed through specific tests like PCR (Polymerase Chain Reaction) to detect viral RNA or serological tests to detect antibodies.

Treatment and Prevention:

• No Specific Treatment: Supportive care includes rest, fluids, and medications to relieve symptoms.
• Prevention: Focuses on mosquito control (eliminating breeding sites, using insecticides), preventing mosquito bites (repellents, protective clothing), and public health education.

Global Impact and Response:

• Epidemic in the Americas (2015-2016): Spread rapidly across countries in Latin America and the Caribbean, raising global health concerns.
• Public Health Response: Enhanced surveillance, vector control efforts, and research into vaccines and treatments.
• Vaccine Development: Several vaccines are in development stages, but none have been approved for general use.

Current Status:

• Geographical Spread: Occurs in tropical and subtropical regions where Aedes mosquitoes thrive.
• Challenges: Diagnostic limitations in some regions hinder accurate detection and monitoring.
• Ongoing Research: Continues to explore the virus’s epidemiology, transmission dynamics, and long-term health impacts.

Conclusion:

The Zika virus poses significant public health challenges due to its potential to cause severe congenital anomalies and neurological disorders. Effective surveillance, vector control measures, and global collaboration are essential to mitigate its impact and develop preventive strategies.

PYQ:

(Mains) Year: 2016

Question: Discuss the potential threats of Zika virus and the measures needed to prevent its outbreak in India.

HINT: Zika virus poses a threat due to its ability to cause congenital abnormalities like microcephaly. Prevention measures include vector control (eliminating breeding sites, using insecticides), public awareness campaigns, and enhancing healthcare infrastructure for surveillance and diagnosis. International cooperation and research into vaccines are crucial.