Fundamental Rights & Rights Issues

SC’s New Directions on Stray Dogs 

Context: The Supreme Court has issued new directives to manage stray dogs in Delhi-NCR after the death of a six-year-old girl from rabies highlighting the need to balance animal rights with public safety.

Relevance of the Topic: Prelims: Prevention of Cruelty to Animals Act 1960; ABC Rules.
Mains: Balancing animal rights with human safety.

SC’s New Directions on Stray Dogs

  • In a suo motu case, the SC directed Municipal Authorities to pick up and house all stray dogs in Delhi and parts of the National Capital Region in dedicated shelters within eight weeks.
  • The SC directed that the stray dogs, once they are picked up and brought in, should be sterilised and immunised.
  • The dog shelters must be put under CCTV surveillance in order to ensure the dogs were neither released nor taken out.
  • Municipal Authorities must maintain a record of strays captured and housed in pounds, and produce the records in court.
  • The Bench directed the authorities to start a helpline to report incidents of dog attacks. The authorities would assist the victim in accessing treatment without delay. 
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Dog Bites in India

  • India has the largest population of stray dogs. In 2019, the government told Lok Sabha that stray dogs numbered 1.53 crore; it repeated this data in 2022.
  • In 2024, over 37 lakh cases of dog bites were reported throughout the country. Over 50 people died from rabies in 2024. 
  • As per the WHO: 
    • Dog bites are responsible for about 96% of the mortality and morbidity associated with rabies in India.
    • 36% of Rabies death in the world occur in India.
    • 30-60% of reported rabies cases and deaths in India occur in children under the age of 15 years.

About Rabies: 

  • Vaccine-preventable zoonotic disease caused by a RNA virus which infects the central nervous system of mammals, including humans. 
  • Transmission: Bite of an infected animal (dogs, cats, bats, monkeys, foxes), contact with saliva or other bodily fluids of infected animal. 
  • Symptoms: Fever and headache, hallucinations, paralysis and hydrophobia.
  • Treatment: Once symptoms appear, there is no cure for Rabies (100% fatal). 
  • Vaccines are available such as RABIVAX-S, VaxiRab N and VERORAB to immunise people both before and after potential exposures.

Government Policy on Stray Dogs:  

Prevention of Cruelty to Animals Act, 1960 : 

  • The Prevention of Cruelty to Animals Act, 1960 provides the primary legal basis for regulating and protecting stray animals in India.
  • The Act aims to prevent the infliction of unnecessary pain or suffering on animals. 
  • Under the Act, the Centre in 2001 promulgated the Animal Birth Control (Dogs) Rules.

Animal Birth Control (ABC) Programme : 

  • The ABC (Dogs) Rules, 2001 mandate that stray dogs must be humanely captured, sterilised, vaccinated against rabies, and then released back into the same locality from where they were caught.
  • Under no circumstances are stray dogs to be killed unless they are rabid, critically injured, or fatally ill.
  • Under the ABC Rules 2023, stray dogs have been recognised as community animals, acknowledging their co-existence in public spaces. This classification allows for regulated community feeding and protection against displacement.

Previous Court Judgments on Stray Dogs: 

  • Supreme Court’s Stand on Culling: In earlier hearings, the Supreme Court observed that indiscriminate culling of stray dogs is not permissible under Indian law. The SC emphasised that stray dog management must be carried out in accordance with the Animal Birth Control Rules.
  • Kerala High Court Observations (2015): In response to rising dog-bite incidents, the HC permitted local bodies to eliminate dangerous and rabid stray dogs. This order was challenged, leading to the matter being taken up by the Supreme Court.
  • Supreme Court Intervention (Post-2015): The SC stayed orders allowing mass killing of stray dogs and directed that the ABC Rules must be strictly implemented instead. The Court stressed that balance must be maintained between human safety and animal rights.
  • Bombay High Court (2018): The HC upheld the right of citizens to feed stray dogs, provided it is done at designated spots identified by local authorities. The Court underlined that feeding should not cause public nuisance or health hazards.

Also Read: Animal Birth Control Rules 2023 

Boost the capacity of Legal Aid System in India 

Context: Legal services institutions established under the Legal Services Authorities Act, 1987, are tasked with the mandate of providing free legal aid to nearly 80% of India’s population. However, the actual reach remains modest. 

Relevance of the topic:

Prelims: Key facts about NALSA.

Mains: Issues in India’s legal aid system.

Legal Aid System in India: Constitutional and Statutory Mandate

  • Access to Justice is a fundamental right. Article 39A of the Indian Constitution mandates the State to ensure that no citizen is denied justice due to economic or other disabilities. 
  • To fulfill this constitutional vision, the Legal Services Authorities Act 1987 established a framework to deliver free legal aid to the weaker and vulnerable sections of society. The Act establishes a three-tier structure of legal services institutions:
    • National Legal Services Authority (NALSA) at the National level
    • State Legal Services Authorities (SLSAs) at the State level
    • District Legal Services Authorities (DLSAs) at the District level

Who is Entitled to Free Legal Aid?

  • Under the Legal Services Authorities Act, 1987, the following categories of persons are eligible for free legal aid in India:
    • Women and Children
    • All members of SC and ST communities
    • Victims of Trafficking or Begging
    • Persons in Custody: Includes undertrials, prisoners, and persons in psychiatric institutions
    • Persons with Disabilities
    • Industrial Workmen
    • Victims of Natural Disasters or Mass Disasters
    • Persons with an Annual Income below a Prescribed Limit: Income threshold varies by State (generally ₹1 lakh to ₹3 lakh per annum)
    • HIV/AIDS Patients
  • Services include: Legal advice, representation in court, mediation, and legal awareness.

Institutional Framework: 

  • Legal services institutions operate front offices in court complexes and legal aid clinics in rural and remote areas, serving as first points of contact for legal advice and guidance.
  • A panel of qualified and trained lawyers is empanelled to provide free legal representation to eligible beneficiaries.
  • The Act promotes the deployment of trained para-legal volunteers to spread legal awareness and assist in dispute resolution at the grassroots level.
  • The Act empowers legal services authorities to organise Lok Adalats for amicable settlement of disputes. Also promotes mediation and conciliation as part of Alternate Dispute Resolution (ADR).
  • Regular legal literacy camps, awareness drives, and training programmes are mandated to educate citizens about their rights and remedies.

The Performance Gap: 

However, the implementation and impact remain modest, exposing a critical gap between policy intent and on-ground realities.

  • Between April 2023 and March 2024, only 15.5 lakh individuals accessed legal aid, even though nearly 80% of India’s population is eligible.
  • Since 2019, the national per capita spending on legal aid has doubled from roughly ₹3 to ₹7.

Key Challenges in Legal Aid System

Low Budget and Underutilisation of Funds: 

  • The budget for legal aid comprises less than 1% of the total justice budget (police, prisons, judiciary, and legal aid). 
  • During 2017-18 to 2022-23, NALSA’s funds fell from ₹207 crore to ₹169 crore. The utilisation of NALSA funds has dropped from 75% to 59%.

Rigid Expenditure Guidelines: 

  • As per the NALSA Manual 2023, the State Legal Services Authorities (SLSAs) have been barred from incurring expenditure from the NALSA fund on certain items without prior approval. These include:
    • hiring project or front office staff
    • purchasing or hiring vehicles and equipment
    • engaging outsourced personnel
    • expenses related to victim compensation
    • food distribution, and tree plantation.
  • Funds are to be used only for specific functions with ceilings: 50% for legal aid and advice, 25% for awareness and outreach, and 25% for Alternate Dispute Resolution and mediation.

Declining Para-Legal Volunteers:

  • Low budgets constrict the ability to deploy para-legal volunteers (PLVs) on the ground. The total number of para-legal volunteers dropped by nearly 38% between 2019 and 2024. From 5.7 per lakh population, there were only 3.1 per lakh population in 2023.
  • Reluctance of States to revise honorariums for para-legal volunteers. Most PLVs receive honorarium far below minimum wages (as less as ₹250 per day in certain states). Poor pay leads to high attrition rate among PLVs, who form the backbone of last-mile legal access.

Implementation Challenges in the Legal Aid Defence Counsel (LADC) Scheme: 

  • Introduced in 2022, the LADC scheme is a dedicated legal aid initiative for representing only accused persons, based on the public defender model. It aims to ensure quality legal representation for accused/convicts and reduce the burden on the assigned counsel system.
  • In 2023-23, ₹200 crore was specially earmarked for LADCs by NALSA and it was fully utilised. However, in 2024-25, the allocation has dropped to ₹147.9 crore.

Way Forward

  • Financial Reforms: 
    • Increase budgetary allocation, especially for frontline workers.
    • Remove fund utilisation bottlenecks- allow flexibility to SLSAs and DLSAs.
    • Ensure uniform and fair honorariums for PLVs.
  • Human Resources: Recruit and retain more para-legal volunteers and legal aid lawyers. Upgrade training and monitoring mechanisms for better outcomes.
  • Infrastructure: Expand Legal Aid Clinics, especially in rural areas. Ensure tech-based legal access via mobile apps, kiosks, or tele-law.
  • Monitoring & Accountability: Introduce independent audits and feedback mechanisms. Regularly assess impact and outcomes, not just inputs.

It is essential to boost the capacity of legal aid systems to make them truly effective. Without these resources, the system falls short of providing the quality of justice enshrined in the Constitution.

Also Read: Who are entitled to receive free legal aid? Assess the role of the National Legal Services Authority (NALSA) in rendering free legal aid in India. 

Maharashtra Special Public Security Bill

Context: Maharashtra Legislative Assembly passed the Maharashtra Special Public Security Bill aiming to combat the perceived rise of "Urban Naxalism", and the activities of left-wing extremist (LWE) frontal organisations in the State.

Relevance of the topic:

Prelims: About Maharashtra Special Public Security Bill.

Mains: Impacts of such legislations on the Right to Freedom of Expression.

Maharashtra has become the fifth State after Chhattisgarh, Telangana, Andhra Pradesh and Odisha to enact a Public Security Act for more effective prevention of unlawful activities of such organisations.

Why was the Maharashtra Special Public Security Bill introduced?

  • Maharashtra government claims that the State has become a safe haven for ‘Urban Naxal’ organisations. 
  • As per the State government, Over 60 Naxal-linked "frontal organisations" operate in the State, providing shelter, logistics, and support to armed Maoists.

What is Urban Naxal?

  • Urban Naxal is a political and security term used to describe individuals or groups in urban areas who are alleged to be sympathisers, supporters, or facilitators of Maoist ideology and Left-Wing Extremism (LWE).

Key Provisions of the Maharashtra Special Public Security Bill: 

  • The Bill empowers the government to declare organisations ‘illegal’ without due process.
  • Allows the government to extend ban on an organisation without any limit on the duration.
  • Section 2(f) of the Bill criminalises speech (spoken or written), signs, gestures or visual representations which ‘tend to interfere’ with public order or ‘cause concern’.
  • Excludes lower courts from jurisdiction, effectively closing off easy judicial remedies.
  • Allows the suppression of facts in public interest.
  • Provides full protection to State officials acting in good faith.
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Criticism of the Bill: 

  • The Bill empowers the government to declare organisations ‘illegal’ without due process and allows suppression of facts in ‘public interest’.
  • Vague terms like “tend to interfere with public order” or “cause concern” could criminalise dissent, satire, protests, or criticism. 
  • The ambiguity in the Bill has given rise to fear that it might be used against farmers’ organisations, students’ groups, civil rights groups, political opponents and critics under the label of ‘threat to public order’.
  • Critics argue that stringent laws like UAPA and existing State laws are already sufficient to tackle left-wing extremism.
  • It allows the government to extend a ban on an organisation without any limit on the duration. By excluding lower courts from jurisdiction, the Bill limits judicial remedies and violates principles of natural justice.

The argument in favour of the Bill is that it seeks to prevent Maoists from brainwashing youth, professionals, and civil servants through front organisations, and the new law would only target those who try to undermine the constitutional order. However, this does not deny the probability of misuse of the legislation.

Every SC/ST Complaint must lead to FIR without Preliminary Inquiry: Madras HC

Context: Recently, the Madras High Court has ruled that the police cannot conduct preliminary inquiry on receipt of complaints disclosing cognisable offences under the SC/ST (Prevention of Atrocities) Act of 1989. Police should straightaway register First Information Reports (FIRs) against the suspects.

Relevance of the topic:

Prelims: About Madras HC ruling and key Provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Mains: Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 Provisions and issues in Implementation. 

In a significant verdict, the Madras High Court has held that : 

  • The police must immediately register an FIR upon receiving complaints that disclose cognizable offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, without conducting any preliminary inquiry.  
  • The court cited Section 18A(1)(a) of the SC/ST Act (inserted via 2018 Amendment) which states:  No preliminary inquiry shall be required for registration of an FIR against any person under this Act.
  • The court reinforced that As per Rule 7(1) of the SC/ST Rules 1995, only officers not below the rank of Deputy Superintendent of Police (DSP) are authorised to investigate.
  • Directed that the chargesheet must be filed within 60 days of FIR registration to ensure timely justice.
  • The Judge directed the Director-General of Police/ Head of Police Force to communicate a copy of his order to all Commissioners as well as Superintendents of Police in the State to ensure compliance with legal procedures in SC/ST cases.

SC and STs (Prevention of Atrocities) Act 1989

  • Enacted to prevent atrocities and hate crimes against Scheduled Castes (SCs) and Scheduled Tribes (STs).
  • Aim: To provide protection, justice, and rehabilitation to victims of caste-based violence and discrimination. 
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Key Provisions of SC and STs (Prevention of Atrocities) Act 1989: 

  • Criminalises caste-based atrocities against members of Scheduled Castes and Scheduled Tribes.
  • Includes acts like social boycott, denial of access to public spaces, forced labor, sexual abuse, and humiliation.
  • Does not cover offenses between SCs and STs themselves.
  • Most offences under the Act are cognizable and non-bailable.
  • Mandates establishment of exclusive Special Courts for speedy trial of cases.
  • Provides for relief, compensation, and rehabilitation of victims.
  • Burden of proof may shift to the accused in certain cases (reverse burden of proof).
  • Section 18: Bars anticipatory bail for accused under the Act (unless quashed by courts in exceptional cases).
  • Section 18A (Inserted in 2018): No preliminary inquiry required before FIR. No prior sanction needed for arrest of public servants. 
  • Rule 7 of SC/ST Rules, 1995: Investigation must be conducted by a police officer not below the rank of Deputy Superintendent of Police (DSP).
  • Charge sheet must be filed within 60 days from FIR registration.

Issues in Implementation:  

  • Police continue to conduct preliminary inquiries before registering FIRs, despite Section 18A(1)(a) prohibiting it.
  • Inquiries are often conducted by officers below the rank of DSP, violating Rule 7(1) of the SC/ST Rules, 1995.
  • Police frequently delay or avoid FIR registration, misusing discretion and undermining victims’ rights.
  • Regular procedural non-compliance hampers justice delivery and weakens cases.
  • Final reports/chargesheets are not filed within the mandated 60-day period, defeating the objective of speedy justice.

Also Read: National Commission of Scheduled Caste

What is the Legal Status of Polyandry in India?

Context: A tribal woman from the Hatti community in Himachal Pradesh married two brothers under a traditional system of Polyandry.

Relevance of the topic:

Prelims: About Hatti tribe and the concept of polyandry in India.

Mains: Legal status of polyandry in India and key SC Judgements. 

What is Polyandry?

  • Polyandry refers to a marriage system where one woman has more than one husband. 
  • It has been practiced historically in Tibet, Nepal, and some tribal communities of India like the Toda in Tamil Nadu, Kinnaura in Himachal, and Jaunsaris in Uttarakhand.
  • In the Hatti tribe, polyandry is practiced primarily for preserving undivided family property, especially agricultural land, and reinforcing brotherly ties.
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The Hindu Marriage Act, 1955:

  • The Act governs marriage applicable to Hindus, Buddhists, Jains and Sikhs. 
  • Section 2(2) of the Act states that its provisions do not apply to STs, unless directed by the Central Government via a notification in the Official Gazette. 
  • In the absence of such a notification, the Hattis continue to be governed by laws laid down under their customs, which are undocumented and uncodified.
  • The Act defines “custom” under Section 3 as a rule that has been observed for a long time, and has obtained the force of law.

Legal Status of Polyandry in India

  • Polyandry and Polygamy are outlawed by the Special Marriages Act 1954, the Hindu Marriage Act 1955, and criminalised under the Bharatiya Nyaya Sanhita.
  • While marriage is governed by personal laws, customary practices of Scheduled Tribes (STs) are recognised by the Constitution under Article 342. STs enjoy distinct legal status and cultural autonomy under constitutional provisions like Part XXI and the Fifth Schedule.
  • But for a customary law to be valid, it must be certain, reasonable, and consistent with public policy. 
  • When a customary law is challenged, it does not automatically gain legal recognition; courts have to be provided with proper evidence that such customary laws prevail.

Note: 

  • The Uttarakhand UCC mandates the registration of marriage, establishes equal rights of spouses across religions and communities and prohibits polygamy. However, in line with the constitutional provisions of respecting tribal autonomy, it does not apply to Scheduled Tribes. 
  • As per Section 2 of the Uttarakhand UCC Rules, 2025, the Code exempts members of Scheduled Tribes (as defined under Article 366(25) read with Article 342), and those whose customary rights are protected under Part XXI of the Constitution.

Key Supreme Court Judgments

Courts have held that customs must align with fundamental rights such as equality, dignity, and liberty; any custom violating these is deemed unconstitutional. 

  • Triple Talaq Case (Shayara Bano v. Union of India, 2017): The Supreme Court declared the practice of triple talaq as unconstitutional as it was deemed arbitrary, unreasonable and violative of Article 14 and 21 of the Constitution.
  • Sabarimala Case 2018: The ban on entry of women of menstruating age into the Sabarimala temple was held discriminatory and unconstitutional, violating Articles 14, 15, and 21. The Court ruled that religious customs cannot override gender equality.
  • Ram Charan Vs Sukhram case 2025: In a case related to succession rights for tribal women, the court affirmed that excluding female heirs solely based on customary male preferences violates Article 14 of the Constitution.

In various judgments, the SC has observed that customs too, like the law, cannot remain stuck in time and others cannot be allowed to take refuge in customs or hide behind them to deprive others of their rights. 

Need to Safeguard the Right to Vote

Context: The Supreme Court of India has directed the Election Commission (EC) to consider Aadhaar cards, voter ID cards (EPIC), and ration cards as acceptable documents for the special intensive revision (SIR) of electoral rolls in Bihar. The move is aimed at improving access and reducing wrongful exclusions.

Relevance of the Topic: Prelims: Universal Adult Suffrage (UAS) in India; Right to Vote. 

Universal Adult Suffrage (UAS) in India

  • Article 326 of the Constitution grants every adult citizen the right to vote, regardless of gender, caste, religion, education, or property. 
  • 61st Constitutional Amendment 1989: Initial threshold of 21 years of age for being eligible to vote was lowered to 18 by the 61st CAA. 
  • Kesavananda Bharati v. State of Kerala (1973) established democracy as part of the ‘basic structure’ doctrine. For this ideal to function meaningfully, people should be able to freely decide the fate of their government (through voting), an unassailable right that shapes governance.
  • Two Key laws operationalised this inclusive vision:
    • Representation of the People Act 1950 which governs the preparation and revision of electoral rolls. 
    • Representation of the People Act 1951 Act which regulates election conduct, candidature, and electoral offences. 
  • Under Article 324 the Election Commission (EC) serves as a constitutional guardian of elections, with powers of superintendence, direction, and control. EC’s key duty is to prepare accurate electoral rolls, guided by Section 19 of the RPA 1950, which mandates that any citizen aged 18 or above, ordinarily resident in a constituency and not disqualified, is entitled to be registered. 

Winston Churchill once said, “At the bottom of all tributes paid to democracy is the little man, walking into a little booth, with a little pencil, making a little cross on a little bit of paper…”

His words remain a timeless reminder that the health of any democracy ultimately rests on the sanctity of the ‘right to vote’.

Is Voting a Fundamental Right in India?

  • Constituent Assembly view: Dr. B.R. Ambedkar and K.T. Shah proposed including the right to vote as a fundamental right; the Constituent Assembly’s Advisory Committee ultimately rejected the idea. 
  • Kuldip Nayar v. Union of India (2006): The five-judge bench of the SC held that the ‘right to elect’ is a statutory right under Section 62 of the RPA 1951, and not a fundamental or constitutional right.
  • Rajbala v. State of Haryana (2016): The two-judge bench of SC described the ‘right to vote’ as a constitutional right, though not a fundamental right. However, the ruling of the larger-bench in the Kuldip Nayar judgment prevails. 
  • Anoop Baranwal v. Union of India (2023): The SC declined to pronounce on the issue, noting that it had already been settled by the Kuldip Nayar judgment.
    • In the minority view (dissent opinion), the Justice asserted that the ‘right to vote’ is an expression of Article 19(1)(a) and reflects the essence of Article 21. 
    • However, the ‘right to elect’ continues to be recognised as a statutory right. 

Nevertheless, the courts have regarded the right to vote as an inseparable part of democracy, as it enables citizens to shape governance, making it a democratic imperative vital to the Indian republic’s survival. 

John Dewey said, “Democracy is not just a form of government, but a social and personal ideal.”

Why does Electoral Roll Accuracy Matter?

  • Under Section 21 of the RPA, 1950, the EC is empowered to prepare and revise electoral rolls to ensure their accuracy and integrity.
  • Inaccuracies in Electoral Roll like mass omissions, ineligible inclusions, duplicates, or incorrect entries undermine the “one person, one vote” principle by enabling impersonation, disenfranchisement, or dilution of votes, which ultimately distorts the people’s mandate. 
  • The Bihar SIR controversy and broader electoral reform debates highlights the core democratic truth:
    • India’s democracy depends on electoral rolls that are accurate, inclusive, and accessible. 
    • Purification of rolls is necessary because just as the exclusion of an eligible voter undermines democracy, so does the inclusion of an ineligible name.

Thus, EC must complete the exercise with a careful balance between genuine vigilance and inclusion to uphold the fairness of the process. The SC’s suggestion to include more accepted documents helps safeguard every genuine elector’s right to be represented.

ICC issues Arrest Warrant against Taliban Leaders 

Context: The International Criminal Court (ICC) issued an arrest warrant for two senior Taliban leaders for the crime of persecuting women, girls, and others who oppose the gender policy of the government. 

Relevance of the Topic: Prelims: Rome Statute, Facts about ICC. 

ICC issues Arrest Warrant against Taliban Leaders

  • Warrant issued against: Two senior Taliban leaders- Supreme leader Hibatullah Akhunzada and the head of Afghanistan's Supreme Court- Abdul Hakim Haqqani.
  • Ground: On charges of systematic persecution of women and girls. 
  • Legal Basis- Afghanistan’s ICC Membership: ICC has jurisdiction over crimes committed on Afghan soil or by Afghan nationals after Afghanistan acceded to the Rome Statute in 2003. 

Systematic Persecution of Women and Girls in Afghanistan:  

  • Taliban has severely deprived girls and women of:
    • basic human rights like education, privacy, and family life
    • freedoms of movement, expression, thought, conscience, and religion.
  • E.g., barring girls from secondary schools, beauty salons, excluding women from most workplaces, and restricting their movement without a male guardian.
  • 144-page Morality Law (2024) promulgated by the Taliban includes provisions requiring women to cover their entire body in public, and to not sing or even speak in public. It forbids women and men from looking at each other in public, and provides for the persecution of LGBTQIA+ people. 

What is the International Criminal Court? 

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ICC’s law on Crimes Against Humanity: 

Article 7(1)(h) of the Rome Statute of the International Criminal Court defines crimes against humanity as : 

  • Crimes against humanity include persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender… or other grounds universally recognised as impermissible under international law, carried out as part of a widespread or systematic attack directed against a civilian population.

Impact of the ICC's Warrant:  

  • The warrants mark the first time the global court has taken legal action directly against the Taliban leadership for gender-based persecution. 
  • However ICC’s warrant is unlikely to result in any arrest, as Taliban rejects ICC jurisdiction, rendering the warrant unenforceable in Afghanistan.

Revisit Digital Search Powers under I-T Bill 2025

Context: The Income-Tax Bill 2025 has a provision to allow tax authorities to access an individual’s “virtual digital space” during search and seizure operations. While the rationale is to keep pace with the digitalisation of financial activity, the provision has raised serious questions about privacy, transparency, and the scope of state surveillance. 

Relevance of the topic:

Prelims: Section 132 of the Income Tax Act, 1961; Income-Tax Bill, 2025, Proportionality test.

Mains: Issues related to Income-Tax Bill 2025.

 Key Features of the Proposed Provision

  • The Income-Tax Bill, 2025 proposes that tax authorities can access an individual’s “virtual digital space” during search and seizure operations.
  • This includes access to emails, cloud storage, social media accounts, digital platforms, apps, and any other “space of similar nature”.
  • Tax authorities will be allowed to override access codes (E.g., passwords, encryption) to access digital devices and platforms.
  • It extends powers under Section 132 of the Income Tax Act, 1961 (currently limited to physical spaces) to the digital realm.

Issues with the proposed Income Tax provision:  

  • Lack of Clarity and Overbreadth:
    • The term "virtual digital space" is vaguely defined and open-ended. May include sensitive, non-financial and unrelated personal data (photos, chats, cloud files, etc.).
    • The phrase "any other space of similar nature" makes the scope very vague and limitless, and can lead to misuse or arbitrary targeting of individuals.
  • Privacy Concerns: Risks violating individual privacy without proper safeguards. Digital data includes intimate personal information of not just the individual but also their contacts, colleagues, or sources (in case of journalists, lawyers, etc.).
  • Absence of Procedural Safeguards: No requirement for prior judicial approval or warrants. "Reason to believe" behind the action is not disclosed to the person being searched.
  • Violation of Proportionality Principle: 
    • It contradicts the proportionality test upheld by the Supreme Court in Justice K.S. Puttaswamy (Retd.) vs Union Of India. 
    • The Court has held that any restriction to an individual’s privacy must meet a four-fold test, of which proportionality was key, requiring state action to pursue a legitimate aim, satisfy necessity and adopt the least intrusive means available.
    • The move does not distinguish between what is relevant and what is intrusive.

Best Global Practices

Canada: The Charter of Rights and Freedoms guarantees : 

  • Right to be secure against “unreasonable search or seizure”. 
  • Sets a three-part default standard : prior authorisation, approval by a neutral and impartial judicial authority, and reasonable and probable grounds. 

United States: 

  • The Taxpayer Bill of Rights ensures that enforcement actions are legally compliant, respect due process, and are not more intrusive than necessary.
  • The U.S. Supreme Court in Riley v. California ruled that a warrant is required to access digital data due to its deeply personal nature.

Way Forward

  • The provisions must be made fair and balanced by following the principles of proportionality, legality, and transparency.
  • Clearly define the term ‘virtual digital space’ to avoid ambiguity.
  • Mandate prior judicial warrants and disclosure of reasons for such access to digital content.
  • Establish mechanisms of redress for aggrieved individuals.
  • India can take inspiration from global best practices by ensuring judicial oversight, clear legal standards, and reasonable grounds for digital searches- similar to safeguards in countries like the U.S. and Canada to balance enforcement with the right to privacy.  

Maternity Benefit is a Fundamental Right: SC 

Context: The Supreme Court recognised maternity rights as a fundamental right under Article 21 of the Constitution, but key issues remain around financing. 

Relevance of the Topic: Prelims: Key facts of recent judgment and Maternity Benefits Act 1961 Mains: Impact of the Judgment on Women empowerment 

K. Uma Devi vs State of Tamil Nadu (2025)

  • In the landmark judgment, the Supreme Court has recognised maternity rights as a fundamental right under Article 21 of the Constitution.

Key Highlights of the Judgment: 

  • The Court affirmed that maternity benefits are not just welfare measures but legal rights essential to a woman’s dignity, health, and livelihood.
  • The apex court referred to International Conventions and instruments i.e.,
    • Universal Declaration of Human Rights
    • United Nations Economic and Social Council
    • Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
    • Maternity Convention C183 (2000) of the International Labour Organisation (ILO) to highlight the requirement of ‘special assistance and social protection’ to working women before and after childbirth. 
  • SC acknowledged that women are now a significant part of the workforce, and the state is obligated to protect their reproductive and maternity rights in order to ensure their equal participation in the workforce.
  • The Court treated the Maternity Benefits Act 1961, as a normative framework.

Maternity Benefits Act, 1961:

  • Provides 26 weeks of paid leave for women with less than two surviving children.
  • For women with two or more children, 12 weeks of paid leave is allowed.
  • Allows for work-from-home arrangements after maternity leave, depending on mutual agreement between employer and employee.
  • Since the 2017 amendment, adoptive and commissioning mothers are entitled to 12 weeks of paid maternity leave.
  • Establishments with 50 or more employees must provide a creche facility.
  • Applies to establishments with 10 or more employees, including factories, mines, plantations, shops, and private companies.
  • A woman is eligible if she has worked in the establishment for at least 80 days in the 12 months preceding her expected delivery.

The judgment is hailed as historic for strengthening working women’s rights, ensuring job security, and guaranteeing access to maternal and child care.

India with a maximum paid leave of 26 weeks has joined the league of 42 nations that provide maximum paid leave exceeding 18 weeks i.e., surpassing C183 of ILO. Maternity Protection Convention 2000 (C183 of ILO) sets a minimum standard of 14 weeks. 

Associated Challenges

Despite being a landmark judgment, K Uma Devi Vs State of TN case also raises several pertinent questions:

  • Scope of Application: Will maternity rights as a fundamental right apply beyond public sector jobs to all forms of employment?
  • How will women in the informal sector be brought under its protection?
    • Over 90% of India’s female workforce is in the informal sector. These women are often excluded from formal maternity benefit schemes.
  • Funding Challenges: Who will bear the financial burden? 
    • Large corporations may absorb maternity costs easily. But MSMEs struggle with the financial burden of both paid leave and temporary replacement. India lacks a national maternity financing system, unlike many developed economies.

Suggestions: 

  • ILO recommends that maternity costs be shared through social insurance, public funds, or social assistance, not solely by employers- especially for informal and self-employed women.
  • Establish a Universal Maternity Fund aligned with ILO guidelines to ensure inclusive and sustainable maternity benefits financing.
  • Draw from global best practices outlined in the ILO’s World Social Protection Report 2024-26 to strengthen India’s maternity financing framework.
  • Adopt mixed financing models used by several countries combining social insurance, national social security systems, and tax-funded schemes to reduce the burden on individual employers.

Enabling Voting Rights for Migrants 

Context: Under India’s election rules, eligible voters can only cast ballots in their constituencies, i.e., those working outside of their state have to return home to vote. As a result, a significant portion of the migrant population is excluded from exercising their voting rights. 

Relevance of the Topic:  Mains: Issues related to migration.

Migration is referred to as spatial mobility from one geographical unit to another which involves change in residence for a considerable period of time. 

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State of Migration in India

  • In 2021, the overall migration rate in India was 28.9%. 
  • According to Census 2011, migrants constitute 37% of India’s total population, with women accounting for 68% of the migrant population, a trend reflecting the feminisation of migration. 
  • Around  85% of migrants are Intra - state migrants.
  • A significant portion of migration in India is for marriage.
  • Around 10%, migration is for work.This number is significantly higher in certain northern and eastern States such as Bihar.
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One of the major challenges associated with Migration in India is low electoral participation of migrants. E.g., In the 2024 Lok Sabha elections, voter turnout in Bihar was just 56%, well below the national average of 66%. One of the biggest reasons behind this gap is the inability of migrants to return home to cast their vote.

Reasons behind Low Electoral Participation of Migrants:  

  • Around 85% of migrants are Inter-state migrants, high cost and long distances prevent return to home constituency.
  • Most migrants work in the informal sector, where lack of paid leave and daily-wage dependency hinder their ability to travel and vote.
  • Absence of local address proof prevents voter registration at destination.
  • Women migrants post-marriage often remain unregistered at new residence.
  • Low political visibility leads to exclusion from electoral outreach and campaigns.

This undermines the principle of universal adult franchise (UAF), migrants remain voiceless in shaping policies that affect them.

Mechanisms to increase Migrant Electoral Participation:  

  • Mechanisms to Facilitate Voting for Intrastate Migrants: Intra-State migrant participation can be improved by enforcing statutory holidays on polling day and arranging special transport, allowing informal workers to vote without wage loss.

Mechanisms to Facilitate Voting for Inter-State Migrants: 

  • Remote Voting Machines (RVMs): Pilot project by Election Commission of India to allow migrants to vote remotely across constituencies, though currently limited by administrative complexity and political concerns.
  • Postal Ballots: Extending postal voting, currently used for armed forces, to migrants. However the major challenge is it requires advance registration and streamlined logistics for ballot dispatch and return.
  • Switching Voting Constituencies: Allowing long-term migrants, living in a constituency for at least 6 months to register and vote in their place of work.
  • Targeted Voter Registration drives for women who migrate after marriage to ensure enrolment at their new residence.

Each of these options has its advantages and disadvantages. Enabling voting by migrants is a complex task and is made more complex by the heterogeneity of migrants. Therefore, a combined approach using RVMs, postal ballots, constituency switching, and logistical support is essential to ensure inclusive voting for both inter- and intra-State migrant workers.

Transgender Couple to be listed as Gender-Neutral Parents: Kerala HC

Context: The Kerala High Court has allowed a transgender couple to be officially recognised as the ‘legal parents’ of their child on the birth certificate. 

Relevance of the Topic:Mains: Evolution of Rights of Transgender People. 

Background

  • The petitioners (Zahhad, a trans man, and Ziya, a trans woman) were a transgender couple with their biological child (Zahhad gave birth). 
  • Initially, the Kozhikode civic body issued a birth certificate listing Zahhad as the “mother” and Ziya as the “father,” ignoring their self-identified genders, even though the couple had updated identity documents. 
  • Challenging this in the HC, the couple argued that the registration process violated their fundamental rights, including dignity, privacy, and equality. They also cited the Transgender Persons (Protection of Rights) Act, 2019, which upholds the right to self-perceived gender identity.

Ruling by the Kerala HC

In the landmark judgement- ‘Zahhad v. State of Kerala 2025’, a single-bench of Kerala High Court: 

  • Allowed the use of gender-neutral terminology, "parent" instead of assigning mother or father roles based on birth-assigned sex.
  • The HC ruled that the law must evolve in tandem with new concepts of human life and societal changes. When a statutory provision on a particular point is not in line with such societal changes, the Court must intervene to address the genuine grievances of the parties concerned.

Landmark Cases Cited: 

In its reasoning, the Court relied on certain landmark judgements, such as:

  • Deepika Singh v. Central Administrative Tribunal: guardians or caretakers of the child may change with remarriage, adoption, or fostering. The legal understanding of “family” may include manifestations like queer families as well as single parents.
  • NALSA v. Union of India: Recognised the right of transgender persons to self-identify their gender, affirming their inclusion within the constitutional guarantee of dignity and autonomy.
  • Navtej Singh Johar v. Union of India: Decriminalised same-sex relationships and upheld the rights of LGBTQIA+ persons right to life and personal liberty.
  • Badshah v. Urmila Godse: Emphasised the doctrine of “social justice adjudication,” urging the courts to bridge the gap between law and evolving societal needs.

Also Read: Embracing Diversity: Paving the Way for Transgender Inclusivity and Equality 

The verdict is being hailed as a milestone for LGBTQIA+ rights in India, setting a precedent for inclusive documentation practices that respect diverse family structures.

Reframing Religious Freedom: USCIRF Annual Report 

Context: The recently released USCIRF annual report has placed India on its list of “Countries of Particular Concern (CPC)” which highlights a Eurocentric bias.

Relevance of the Topic: Mains: Religious Freedom.  

United States Commission on International Religious Freedom (USCIRF) Controversial Annual Report:

  • USCIRF's annual report recently placed India on its list of “Countries of Particular Concern (CPC)”.
  • The commission was created under the International Religious Freedom Act passed by US Congress in 1998. It monitors, analyses,and reports on violations of religious freedom worldwide.
  • India strongly rejected this, calling the body an “entity of concern” and refusing to acknowledge its findings.

Freedom of Religion in India

  • Freedom of Religion is a Fundamental Right enshrined in Articles 25 to 28 of the Indian Constitution.
  • Articles 25 to 30 of the Indian Constitution offer various freedoms to religions including the freedom of conscience, the right to freely profess, practice, and propagate, and the freedom to manage their affairs without state intervention.
  • India ensures religious freedom while allowing the state to impose reasonable restrictions to protect public order, health, and morality.
  • Minority religions enjoy positive discrimination by way of special rights to run educational and cultural institutions. The same rights are not available to the majority Hindu religion.
  • India is the only country where people of all religions, including several Christian denominations and Muslim sects, coexist in harmony.
  • Despite its vast diversity and historical religious strife, India has largely succeeded in maintaining religious harmony, showcasing its strong commitment to religious freedom.  

Freedom of Religion in India

  • Article 25: Grants all individuals the right to freely profess, practice, and propagate their religion, subject to public order, morality, and health.
    • However forced religious conversions are not allowed. 
    • In a landmark judgment in Rev. Stainislaus vs State of Madhya Pradesh (1977), the Supreme Court held that the right to “propagate” does not include the right to proselytise, and hence there is no fundamental right to convert another person.
  • Article 26: Allows every religious group to establish and manage religious institutions, own property, and handle religious affairs independently.
  • Article 27: No person can be forced to pay taxes that are used specifically for the promotion of any religion.
  • Article 28: Prohibits religious teaching in state-funded educational institutions, but allows it in privately managed or trust-based institutions, with certain conditions.
  • Article 29: Protects the right of any group with a distinct language, script, or culture to conserve it; also prohibits discrimination in state-funded educational institutions.
  • Article 30: Gives religious and linguistic minorities the right to establish and administer their own educational institutions, with protection from state discrimination in aid.

India’s Response: 

  • Despite India's constitutional commitment to religious freedom, it continues to face criticism from USCIRF due to its Eurocentric lens and reliance on allegedly biased scholars, ignoring India’s unique cultural and societal context.
  • Global bodies like USCIRF need to reassess their approach to religious freedom by moving beyond Eurocentric frameworks and embracing culturally rooted models like the concept of Integral Humanism. USCIRF must adopt a more nuanced, locally sensitive perspective when evaluating religious freedom in a pluralistic democracy like India.

Integral Humanism: 

  • Inspired by thinkers like Jacques Maritain and Deendayal Upadhyaya. It emphasises rising above religious divisions to ensure the material, ethical, moral, and spiritual well-being of all, rooted in India’s pluralistic and civilisational ethos.

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