GS Paper 2

Six years after Abrogation of Article 370 in J&K 

Context: August 5, 2025 marks the sixth anniversary of the abrogation of Article 370 in 2019, which revoked the special status of Jammu & Kashmir, and led to the effective repeal of Article 35A of the Indian Constitution.

 As J&K completes six years as a Union Territory, there have been both positive and negative developments after the abrogation of Article 370. 

Relevance of the Topic:Prelims: Key facts about Article 370; Article 35A. Mains: J&K after Article 370 abrogation: Key developments; Challenges. 

On August 5, 2019, the government revoked Article 370 through a Presidential order and reorganised the state. J&K was split into two Union Territories (UTs): J&K (with legislature) and Ladakh (without legislature), effective from October 31, 2019.

What was Article 370? 

  • Enacted in 1952, Article 370 granted erstwhile state J&K a unique degree of autonomy. The provision:
    • Allowed the state to operate with its own constitution and flag
    • The state retained the authority to make laws on all matters, except defence, foreign affairs, communications, and finance. 
  • Article 370 was placed under Part XXI of the Constitution, which deals with temporary and special provisions. It also allowed the state’s Constituent Assembly to decide how much of the Indian Constitution would apply. Notably, it included a clause permitting the Assembly to recommend the article’s own repeal.
  • In practice, Indian laws could not be applied to J&K without the consent of its state government. Indian Parliament’s legislative reach was therefore significantly limited, requiring state concurrence for most matters.

What was Article 35A?

  • Article 35A, added to the Constitution in 1954, gave special rights and privileges to the permanent residents of Jammu and Kashmir. 
  • Its roots lay in the 1952 Delhi Agreement between then-Prime Minister Jawaharlal Nehru and Jammu and Kashmir’s leader Sheikh Abdullah.
  • It empowered the Jammu and Kashmir state legislature to decide who qualified as a 'permanent resident' of the state. A permanent resident was someone who was a state subject as of May 14, 1954, or had lived in the state for at least 10 years and lawfully acquired property. These exclusive rights included:
    • It allowed the state to grant special rights to permanent residents in areas like land ownership, government jobs, and education scholarships.
    • It barred non-residents from permanently settling, buying property, or accessing state benefits.
    • It had a discriminatory clause against women: if a female resident married someone from outside the state, she could lose her property rights, and the same applied to her children.
  • The laws made under Article 35A were shielded from judicial scrutiny. No act of the state legislature coming under the ambit of Article 35A can be challenged for violating the Indian Constitution or any other law of the land. 

What has changed in J&K after Article 370 Abrogation?

Positive Developments: 

  • Successful elections and participation of voters: For the first time in decades, UT J&K recorded an impressive over 63% voter turnout in the Assembly elections. Additionally, the 2024 Lok Sabha elections witnessed the highest voter participation in the region in the last 35 years.
  • Major dip in violence and stone pelting: The incidents of stone pelting have completely stopped in the UT (As per the Union Home Ministry data). E.g., In 2023, not a single case of stone pelting or strike was recorded, a significant decline compared to 2010 (over 2600 incidents of stone pelting and 132 strikes).
  • Infrastructural development and investment: Successful completion of several infrastructural projects.
    • Inauguration of Rs 42,500 crore Udhampur-Srinagar-Baramulla Rail Link. It features the world’s highest rail bridge over the Chenab River. This bridge connects the Jammu region with Kashmir valley, and is crucial for regional integration, economic growth and defence mobility.
    • Projects worth over Rs 76000 crore are currently in the pipeline in the UT. Centre approved 19 road and tunnel projects worth over Rs 10,000 crores in June 2025.
  • Tourism boost: Post Article 370 abrogation, the UT has witnessed a major boost to tourism and local economy. E.g., Over 21.1 million people visited the UT in 2023. However, the recent Pahalgam attack has caused a brief hiatus. 

Pertaining Issues: 

  • Security Concerns and Terrorism in J&K: 
    • Selective killings: Targeting tourists, non-local employees & entrepreneurs (those being issued domicile certificates) for derailing measures to promote industrial development and tourism. E.g., Recent targeted attacks in Pahalgam. 
    • Improvised weapons: Reliance on IEDs to avoid confrontation with security forces, using sticky bombs (detonated from distance) & simulated training conditions.
    • New modes of weapon delivery: Air-dropping of bombs using UAVs by Pakistan-backed terror outfits. 
  • Economic Slowdown of J&K’s economy as a centrally administered unit:
    • Decline in GSDP: The growth in Gross State Domestic Product (GSDP) has declined both in nominal and in real terms. As a result, the contribution of J&K to the national GDP has declined to 0.77%. 
    • Slowdown in income growth and high unemployment: In 2025, in the 15-29 age bracket, the unemployment rate of UT J&K is more than 30%, which is almost double the national average.
    • Poor Fiscal Health:
      • Decline in fixed and invested capital, accompanied by a sharp rise in borrowings. Despite better revenue mobilisation, J&K’s fiscal health has deteriorated significantly with higher debt and deficits compared to pre-2019. 
      • Internal debt has almost doubled in just five years. Total outstanding liabilities of the UT are now almost 60% of the GSDP. 
      • Fiscal deficit is around 6%, way above the stipulated FRBM limits. 

The economy is heavily reliant on central grants (up to 70% of expenditure), and core sectors like agriculture and industry contribute far less than services.

The road ahead lies in the restoration of J&K’s statehood to usher in participatory democracy in J&K, confer more political, administrative and economic powers to the state government and will uphold federal principles. 

Also Read: Supreme Court upholds abrogation of Article 370 

Gaza War and Diplomatic Isolation of Israel 

Context: The Prime Minister of the United Kingdom has announced to recognise the state of Palestine during the coming UN General Assembly session in September 2025, unless Israel agrees to a ceasefire in Gaza, allows more humanitarian aid and commits itself towards long-term peace based on the two-state formula.

Relevance of the Topic:Prelims: Balfour Declaration; Diplomatic Isolation of Israel; Gaza War. 

Gaza War and Diplomatic Isolation of Israel

  • The Gaza war began in October 2023, when Hamas launched coordinated armed incursions on Israel from the Gaza Strip. In retaliation, Israel declared war and launched “Operation Swords of Iron,” launching airstrikes against Hamas militants in the Gaza Strip. 
  • As the 21-month-long war on Gaza rages on, over 58,000 people have been killed, including more than 17,000 children. 
  • Israel is facing one of its biggest diplomatic crises with more and more countries in the West (Israel’s traditional allies) adopting a favourable position towards Palestinian statehood.
    • Recently, the President of France declared to recognise Palestinian statehood in September. 
    • Canada and Portugal have also expressed their intention to do the same. 
    • The United Kingdom has announced to recognise the state of Palestine during the coming UN General Assembly session. 
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Changing Diplomatic Positions of the Western Nations: 

Of the 193 UN member states, 147 have already recognised the state of Palestine. Until now, powerful Western countries had resisted such recognition, insisting it should be part of a final diplomatic settlement to the Israel-Palestine conflict. However, the position is beginning to shift. 

  • Among the five members of the UN Security Council, Russia and China have already recognised Palestine. If France and the U.K. follow through with their recent statements, the U.S., Israel’s closest ally and patron, will be isolated at the UNSC. 
  • France, the U.K. and Canada are also members of the G7 group of advanced economies, and their recognition could influence other countries to follow suit. 
  • Britain’s move, in particular, carries historic weight, given its central role in the Israel-Palestine question. In the 1917 Balfour Declaration, Britain became the first major power to endorse the Zionist demand for the establishment of a Jewish homeland in Palestine. 

About Balfour Declaration: 

  • The Balfour Declaration was a public statement issued by the British Government in 1917 during the First World War announcing its support for the establishment of a "national home for the Jewish people" in Palestine. 
  • The declaration was issued by Sir Arthur Balfour, the British Foreign Secretary, addressed to Lord Lionel Walter Rothschild, a Zionist and leader of the British Jewish community. 
  • By the time the Balfour Declaration was issued, there were roughly 60,000 Jews in Palestine, accounting for over 9% of the total population. Palestine was a part of the Ottoman Empire until the end of the First World War, in the late 19th century.

108 years after the Balfour Declaration was issued, Britain' s announcement to recognise the state of Palestine, clearly reflects a change in the UK’s policy towards Israel and Palestine.

India’s Stand in Israel-Palestine issue

  • India announced its recognition of Israel in 1950 and has recognised Palestine in 1988.
  • Two-State solution: India consistently supports a negotiated two-state solution leading to the establishment of a sovereign, independent and viable state of Palestine, living within a secure and recognised border, side by side at peace with Israel. 
  • Focus on Practical solutions: Recently, at a United Nations conference (July 2025), India joined the call for Israel to end the war in Gaza and ensure access to food, for Hamas to return hostages, and for U.N. members to recognise the Statehood of Palestine. India advocated the need for practical solutions, not paper solutions, to bring about a Two-State solution through purposeful dialogue and diplomacy. 

As Israel is facing accusations of committing genocide against Palestinians, and images of Gaza’s devastation and starving children are coming out, it becomes untenable for many Western nations to continue to back Israel unconditionally.

Also Read: Is Israel committing Genocide in Gaza? 

Permanent National Commission for De-notified, Nomadic and Semi-Nomadic Tribes

Context: The recently concluded National Conference of De-notified Tribes (DNTs) witnessed increased calls for the establishment of a permanent National Commission for Denotified, Nomadic, and Semi-Nomadic Tribes.

Relevance of the Topic:Prelims: Key facts about De-notified Tribes.
Mains: De-notified Tribes: Issues faced and Way Forward. 

De-notified Tribes

  • The term 'De-notified Tribes' (DNT) stands for all those communities which were once notified under the Criminal Tribes Acts, enforced by the British Raj between 1871 and 1947.
  • These Acts were repealed by the independent Indian Government in 1952, and these communities were "De- Notified". 
  • A few of these communities which were listed as de-notified were also nomadic. Some of the examples of DNTs are Yerukulas (AP), Lambadis (AP), Koli (Gujarat), Lodha/Lodhi (Bihar/Jharkhand), Banjara (MP/Rajasthan), Kalbelia (MP), Ramosi (Maharashtra), Domb (Odisha), Bawaria (Rajasthan), Boyas (Tamil Nādu) and Madari (UP). 

Issues faced by DNTs and Nomadic Tribes: 

  • Education: Due to migratory lifestyle, acute poverty, lack of awareness of the importance of education and poor access to educational facilities, the literacy rate is much lower and the school dropout ratio of children belonging to these communities is significantly higher.
  • Health: Members of DNT/NT communities are not likely to be much aware of health-related issues, including preventive healthcare, immunisation, family planning, communicable diseases. They are so poor that they cannot afford private medical doctors other than quacks.
  • Economic Issues:
    • Decline in traditional occupations due to modernisation and Industrialisation.
    • Loss of livelihood due to shrinking pasture lands:
      • Because of agriculturally centred development strategies. E.g., Extension of Indira Gandhi Canal project into Rajasthan led to expansion of agriculture in wastelands and eliminated fallow areas for grazing.
      • In India, grasslands are classified as wastelands and the government hopes to make these lands productive by developing them for solar & wind energy projects and commercial plantations of crops like oil palm.
  • Anomalies: De-notified, Nomadic and Semi-Nomadic Tribes were included in the lists of SC, ST, and OBC categories. However, their categorisation was not logical or uniform. A single (De-notified or Nomadic) community living in contiguous States/UTs and homogenous in nature has been included in different categories.
    • E.g., The community of Banjara has been included as ST in Andhra Pradesh and Orissa; as OBC in Chhattisgarh, Gujarat, Haryana, Madhya Pradesh, Maharashtra, and Rajasthan and as SC in Punjab, Delhi and Karnataka.
    • There are still a number of DNTs which have not been included in any one of these categories. Instead, they are placed at par with the communities of the general category.
  • Issue of identification: There has been no well-defined criteria for the classification of de-notified and nomadic tribes. It has been observed that the inclusion and exclusion of communities in such lists was done on political considerations rather than on fair and uniform criteria.
  • No data on demography: The exact number of the nomadic tribes in India is still unknown as there has been no formal census conducted which could help in tracking them. The lack of reliable data about their demography and geographical distribution handicapped the policy makers to frame appropriate measures for their development.

Measures Needed for De-notified, Nomadic, and Semi-Nomadic Tribes (DNTs/NTs):

  • Permanent Commission: Establish a permanent statutory body for DNTs/NTs, led by a prominent community leader as Chairperson. Bhiku Ramji Idate Commission (2018) has proposed completion of classification of DNT communities, and setting up of a permanent national commission for their protection and development. 
  • Rational Classification: Remove anomalies and standardize the classification of these communities under SC, ST, or OBC categories based on clear, uniform criteria.
  • Census and Survey: Conduct a systematic community-based census and socio-economic survey to gather accurate demographic and geographic data.
  • Land and Forest Rights: Ensure land and forest rights for DNTs under the Forest Rights Act to secure their traditional livelihoods.
  • Education: Establish dedicated residential schools to improve literacy rates and reduce school dropouts.
  • Healthcare: Introduce mobile health clinics to provide accessible healthcare services, including preventive care and immunisation.
  • Sub-categorisation of STs: Implement sub-categorisation within STs to ensure equitable distribution of benefits.
  • Political Representation: Ensure adequate political representation through nominations in local bodies and legislative assemblies.

Also Read: Impact of classifying Denotified Tribes 

Odisha and Chhattisgarh to ‘amicably’ resolve Mahanadi River Dispute 

Context: After a prolonged legal battle in a designated Mahanadi Water Disputes Tribunal over sharing of the Mahanadi river water, Odisha and Chhattisgarh have expressed willingness to resolve the dispute amicably between themselves.

Relevance of the Topic: Prelims: Key provision for resolution of Inter-State River Water Dispute. 

Inter-State River Water Dispute

  • Article 262 of the Constitution provides for the adjudication of inter-state water disputes. It makes two provisions:
    • Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use, distribution and control of waters of any inter-state river and river valley.
    • Parliament may also provide that neither the Supreme Court nor any other court is to exercise jurisdiction in respect of any such dispute or complaint.

Under this provision, the Parliament has enacted two laws:

1. The River Boards Act 1956: 

  • The Act provides for the establishment of river boards for the regulation and development of inter-state river and river valleys. 
  • A river board is established by the Central government on the request of the state governments concerned to advise them.

2. Inter-State River Water Disputes Act 1956: 

  • The Inter-State River Water Disputes Act empowers the Central government to set up an ad hoc tribunal for the adjudication of a dispute between two or more states in relation to the waters of an inter-state river or river valley. 
  • The decision of the tribunal would be final and binding on the parties to the dispute. 
  • The Supreme Court nor any other court does not have jurisdiction in respect of any water dispute which may be referred to such a tribunal under this Act. 

Mahanadi River System

  • Mahanadi river rises in the Sihawa hills, Chhattisgarh. This is south of the Amarkantak Plateau region. 
  • Basin states: Chhattisgarh and Odisha and comparatively smaller portions of Jharkhand, Maharashtra and Madhya Pradesh, draining an area of 1,41,589 sq. kms. The river drains into the Bay of Bengal. 
  • The Mahanadi basin is geographically bounded by:
    • Central India hills on the north
    • Eastern Ghats on the south and east
    • Maikal range in the west. 
  • Major Dams: 
    • Hirakud Dam (Odisha): One of the longest earthen dams in the world. 
    • Hasdeo Bango & Arpa Projects (Chhattisgarh). 
Left bank TributaryRight bank Tributary
Seonath Ong
HasdeoTel
MandJonk
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Mahanadi Water Disputes Tribunal: 

  • Mahanadi River Dispute: Odisha alleges that the upper riparian state Chhattisgarh had "illegally" constructed a number of barrages across the river and its tributaries, which has seriously affected inflow into the Hirakud reservoir in Odisha, particularly in the non-monsoon seasons.  
  • The Mahanadi Water Disputes Tribunal was established in 2018. The proceedings continued between 2018 and 2023 with data submissions, arguments, and inspections from both states.

It is to be noted that no inter-state water dispute in the country has ever been resolved entirely through tribunal proceedings. Hence, the move towards amicable resolution of the inter-state river water dispute between Odisha and Chhattisgarh is a step in the right direction. 

Bairabi-Sairang Railway Line and Act East Policy

Context: Indian Railways recently commissioned a 51.38 km railway line to Sairang, located near Aizawl, the capital of Mizoram. This is a significant step toward enhancing connectivity in the Northeast and advancing India’s Act East Policy.

Relevance of the Topic : Prelims: About Bairabi-Sairang Railway project; Regional connectivity projects, Act East Policy.

Background of the Project

  • Before this project, Mizoram had just 1.5 km of metre-gauge track connecting Bairabi in Kolasib district, Mizoram to Silchar in Assam.
  • The gauge conversion and extension project was sanctioned in 2000, and the extension up to Sairang began in 2008-09.
  • However, progress was slow due to inclement weather, a difficult and landslide-prone terrain, manpower shortage, and issues with transporting construction materials.
  • This project is part of the Indian Railways’ larger goal from the early 2010s to connect all Northeastern state capitals to the National railway network. 
image

Key Features of the Bairabi-Sairang Rail Line: 

  • The total length is 51.38 km. Includes 48 tunnels with a combined length of 12.85 km.
  • Contains 142 bridges, including one with India’s tallest railway pier.
  • The total project cost is over ₹5,020 crore.
  • Received safety clearance and awaits formal inauguration.

Significance of the Project: 

  • The Aizawl-Silchar highway via Sairang takes around five hours. Trains from Sairang, including a proposed Rajdhani Express could reduce travel time to 1.5 hours. The project will lower transportation costs and reduce truck dependency
  • It is expected to boost tourism, trade, and goods movement.
  • Sairang is also expected to be vital for transhipment of goods from the India-funded Sittwe Port in Myanmar. 
  • Sairang railhead is strategic vis-a-vis the Act East Policy, envisaging rail and road connectivity to improve trade with the Association of Southeast Asian Nations (ASEAN) and other East Asian countries, deepen diplomatic engagements, and build stronger security cooperation.

What is the Act East Policy?

  • The Act East Policy was announced in 2014.
  • It was a more ambitious version of the Look East Policy initiated in 1991.
  • It is a strategic and diplomatic initiative aimed at enhancing India’s engagement with the ASEAN region and the broader Indo-Pacific. 
  • Objective: To transform the northeastern region into India’s gateway to the ASEAN bloc.

Infrastructure Push under Act East Policy: 

  • The Centre has increased the budgetary allocations for the region by 300% from ₹36,108 crore during the 2014-15 fiscal to more than ₹1,00,000 crore during 2024-25. 
  • More than 10,000 km of highways and 800 km of railway tracks were built, eight new airports established, and several inland waterway projects undertaken during this period. 
  • Important projects include:
    • Dimapur-Zubza (near Kohima) railway project in Nagaland (82.5 km)
    • Imphal-Moreh plan in Manipur
    • Asian Highway 1 from Assam to Moreh via Kohima and Imphal. 

Challenges: 

  • Ethnic conflicts: The ethnic conflict in Manipur has affected the proposed railway line between Imphal and Moreh. 
  • Unrest in India’s neighbourhood: The connectivity projects to link the northeast with Southeast Asia have not progressed beyond India’s borders due to the unrest in India’s neighbourhood. E.g., Civil war in Myanmar; Fall of the Sheikh Hasina government in Bangladesh in August 2024.
  • Agartala-Akhaura Rail Link Stalled: Agartala-Akhaura railway to connect Tripura to Chittagong Port via Bangladesh is stalled due to the political turmoil and change in government in Bangladesh. 
  • Kaladan Project Delayed: Kaladan Multi-Modal Project in Myanmar, aimed at reducing distance between Mizoram and Kolkata by 1000 km, is also delayed.

Stablecoins and their Regulation 

Context: Hong Kong is set to enforce a new Stablecoins Ordinance, requiring a licence for issuing fiat-referenced stablecoins (FRS). This move aims to regulate stablecoin issuers, ensure transparency, protect investors, and prevent financial risks like money laundering and unbacked digital assets.

Relevance of the Topic : Prelims: Key facts about Stablecoins; CBDCs. 

What are Stablecoins?

  • Stablecoins are a class of cryptocurrencies with their values linked to assets.
  • Unlike cryptocurrency coins such as Bitcoin (BTC) and Ether (ETH) or even tokens such as Shiba Inu (SHIB), whose values can wildly rise and fall due to investor sentiments and other factors, stablecoins are designed to maintain relatively steady prices. 
  • This stability is achieved through the process of “pegging” the stablecoin to an asset such as:
    • Fiat currency (like U.S. Dollars, EU Euros, Hong Kong Dollars, etc.)
    • A commodity (like gold)
    • Other cryptocurrencies (such as Bitcoin), by regulating their value via computer algorithms, or by mixing multiple strategies. 
  • While the price of Bitcoin might rise or fall in the coming years, a USD-pegged stablecoin should ideally remain around $1. 

Difference between Stablecoins and Central Bank Digital Currencies

  • CBDCs are digital currencies officially issued and controlled by a government’s central bank, while Stablecoins can be privately issued and can also be pegged to foreign currencies. 

Why do Stablecoins require Regulation? 

  • Widespread Use: Stablecoins are used globally for trading, savings protection, and cross-border transactions, especially in countries facing currency instability (E.g., Argentina, Turkey, Afghanistan).
  • Market Size: Over $250 billion worth of stablecoins are in circulation. E.g., Tether (USDT) alone has a supply of over 163 billion USDT.
  • Lack of Transparency: Issuers may not always have adequate reserves backing their stablecoins, leading to trust issues and risks of fraud or insolvency.
  • Potential Impact on Fiat Currencies: Excessive or unregulated issuance may affect the value and stability of the underlying fiat currencies or commodities.
  • Risk of Collapse: History shows that algorithmic stablecoins (like UST in 2022) can fail, leading to massive investor losses and systemic risks.
  • Need for Oversight: Regulation ensures reserve transparency, financial audits, consumer protection, and compliance with anti-money laundering (AML) norms.

Regulation of Stablecoins around the world

GENIUS Act:  

  • The US President signed the GENIUS Act (July 2025) to regulate stablecoins and protect the US Dollar.
  • The Act requires 100% reserve backing with liquid assets like US dollars or short-term Treasuries for stablecoins.
  • Those issuing this asset will also have to make monthly, public disclosures of the composition of their reserves, apart from complying with marketing rules.

Other countries that have started to regulate stablecoins include Japan and Singapore, while multiple other jurisdictions have more generic regulations that cover stablecoins along with other cryptocurrencies. 

What is Hong Kong’s Stablecoins Ordinance?

  • It will be illegal for people to offer any unlicensed fiat-referenced stablecoin (FRS) to a retail investor, or actively market the issue of unlicensed FRS to the public of Hong Kong.
  • Companies that want to legally issue stablecoins to users in Hong Kong will have to obtain a licence from the Monetary Authority as well as meet set requirements when it comes to managing reserve assets and redemption, asset stabilisation, and processing user requests.
  • In addition to this, they will have to comply with the applicable regulations that prevent money laundering and terrorist financing, thus making sure that their assets are properly disclosed and audited. 

Also Read: Central Bank Digital Currency (CBDC) 

Why are Arya Samaj Marriages under the scanner of Courts?

Context: Recently, the Allahabad High Court directed the state government of Uttar Pradesh to investigate the functioning of “fake Arya Samaj societies" allegedly involved in conducting illegal marriages across the state.

Relevance of the Topic:Prelims: Key facts about Arya Samaj Marriages; Special Marriage Act 1954. 

What is Arya Samaj?

  • The Arya Samaj was formally established as a Hindu revivalist movement by Swami Dayanand Saraswati in 1875. 
  • It gained prominence in northern India, especially Punjab (including present-day Pakistan), in the late 19th century.
  • Arya Samaj made the very first attempts to convert persons from other faiths or ideologies to its version of Vedic, monotheistic Hinduism through a process it called “shuddhi” (purification).
  • One of the ways it facilitated this was by having a progressive view of inter-caste and even interfaith marriages. 

Arya Marriage Validation Act, 1937

  • The Arya Marriage Validation Act was enacted in 1937. This law formally recognised marriages conducted according to Arya Samaj rituals.
  • These weddings follow a simplified set of Hindu ceremonies and require only that the couple is of legal age and identifies as Arya Samajis- regardless of caste or prior religious affiliation.
  • The Act clearly states that Arya Samaj marriages cannot be considered invalid just because the individuals belong to different castes or were from another religion before the marriage.

The Hindu Marriage Act, 1955 which covers not just Hindus but also Buddhists, Jains and Sikhs recognises Arya Samaj marriages. Those belonging to other religions simply need to convert to Hinduism before the wedding.

In effect, till the Special Marriage Act, 1954 came into force, the Arya Samaj provided the only way for a Hindu to marry out of caste or religion and to still retain their caste.

About Special Marriage Act, 1954: 

  • The Special Marriage Act (SMA) 1954 was enacted to provide a secular legal framework for marriages between individuals belonging to different religions, castes, or communities. 
  • SMA enables marriage between inter-faith or inter-caste couples, without them giving up their religious identity or resorting to conversion.
  • Under the SMA, the couple must provide a 30-day public notice before they marry. This notice is displayed publicly at the Registrar's Office, leaving them vulnerable to harassment from their families or allowing anyone to raise objections to the marriage

Arya Samaj weddings are fast (a couple of hours) with the ease of paperwork and relaxed requirements. This makes Arya Samaj weddings popular among eloping or runaway couples, who often belong to different castes or religions.

Challenges associated with the Arya Samaj Marriage: 

  • Illegal weddings:
    • Concerns over mass-scale solemnisation of marriages by Arya Samaj organisations without verifying marriage eligibility conditions. 
    • Additionally, a growing number of fake organisations operating under the Arya Samaj name have emerged. These unauthorised groups often conduct marriages without proper checks, forged documents, and in some cases, even solemnise the weddings of underage brides.
  • Odds with Anti-conversion law: Various states have passed stringent anti-conversion laws in recent years. Arya Samaj marriages are at odds with the state anti-conversion laws. The shuddhi performed before most interfaith Arya Samaj marriages does not comply with the onerous process for conversion prescribed in the anti-conversion law.
    • E.g., In Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act 2021 renders void any marriage that is preceded by an unlawful or procedurally non-compliant religious conversion. The Act requires both a pre-conversion declaration 60 days before marriage and a post-conversion declaration within a specified timeframe to the district magistrate. 

The Allahabad HC and Madhya Pradesh HC have ordered police investigations into instances where these organisations allegedly married minors using forged documents, and facilitated conversions without following procedures mandated by the anti-conversion laws of these states.

Also Read: Special Marriage Act 1954: Provisions and Concerns 

SC questions Age Restriction for Surrogacy

Context: The Supreme Court has reserved its verdict in a group of petitions challenging the age cap for couples seeking to have a child through surrogacy. The petitioners are especially those couples who had started the surrogacy process before the enactment of the present legal framework for surrogacy.

Relevance of the Topic: Prelims: Key facts about Surrogacy (Regulation) Act, 2021. Mains: Challenges In Surrogacy (Regulation) Act, 2021. 

Surrogacy in India: Concept and Legal Provisions

  • Surrogacy (Regulation) Act, 2021 defines surrogacy as a practice where a woman gives birth to a child for an intending couple with the intention to hand over the child after the birth to the intending couple. 
  • Surrogacy can be classified into:
    • Altruistic surrogacy entails no financial compensation for the surrogate.
    • Commercial surrogacy involves paying the surrogate for bearing the child, implying a profit
    • Compensated surrogacy simply involves covering the incurred expenses and loss of wages.
  • The Assisted Reproductive Technology (Regulation) Act, 2021 and the Surrogacy (Regulation) Act, 2021, prescribe the legal framework for surrogacy.

About Surrogacy (Regulation) Act, 2021

  • The Act prohibits commercial surrogacy, but allows altruistic surrogacy. 
  • Rationale: To prevent the commodification of reproductive labour and to impose procedural safeguards to ensure that surrogacy is used only in cases of medical necessity.
  • The Act permits surrogacy to: 
    • Intending couple who suffer from proven infertility (Intending woman must be between 23-50 years of age; fathers must be between 26 and 55).
    • Indian woman who is a widow or divorcee between the age of 35 to 45 years and who intends to avail the surrogacy.
  • Surrogacy clinics are prohibited from conducting surrogacy or any associated procedures unless they receive registration approval from the relevant authority.
  • The National Surrogacy Board (NSB) and State Surrogacy Boards (SSBs) shall be established by both the central and state governments, respectively.
  • For a surrogate mother to be eligible for a certificate from the appropriate authority:
    • she must have a familial relationship with the intending couple
    • not have served as a surrogate mother previously
    • possess a certificate confirming her medical and psychological health
    • be an ever-married woman having a child of her own, and be 25 to 35 years old.
  • The surrogate mother is not allowed to use her own eggs for the surrogacy process.
  • An order concerning the parentage and custody of the child to be born through surrogacy, has to be passed by a Magistrate's court.
  • Insurance coverage for a period of 36 months covering postpartum delivery complications for surrogate. 

Issue of Age Restriction on Surrogacy: 

In Devika Biswas v. Union of India, the Supreme Court held that Right to Reproduction is an essential facet of the ‘Right to Life’ under Article 21 of the Indian Constitution.

  • The legal framework for surrogacy has a certain age limit for the married couple or single married widowed women intending to have a child through surrogacy. 
  • The petitioners argue that the age limit creates an unreasonable classification:
    • violating Article 14 of the Constitution. 
    • interferes with reproductive autonomy which has been recognised as an aspect of personal liberty under Article 21.

The government has defended the age restrictions on grounds of medical safety, citing that the statutory age caps are based on recommendations from medical experts, and align with practices in reproductive health. The argument is that: 

  • Surrogacy age limits align with natural reproductive timelines and are necessary for protecting the welfare of the child.
  • Advanced parental age influences both an unborn child’s health through genetic and epigenetic changes, and also the filial love that a child requires for 20 years of their life.

Challenges In Surrogacy (Regulation) Act, 2021: 

  • Exclusionary: The provisions deny this opportunity to LGBTQ+ persons, live-in couples, unmarried women and single parents. The definition of single women excluding unmarried women is arbitrary and violative of Articles 14 and 21 of the Constitution.
  • Altruistic surrogacy is Paternalistic: It expects a woman to go through the physical and emotional tolls of surrogacy free of cost and only out of ‘compassion’. Thus reinforcing the age old patriarchal norm of no economic value to the women’s work. 
  • It does not respect the bodily autonomy of women: By shifting from right based to need based approach, it snatches away the right of a woman to decide upon her reproductive choices. Further, it is violative of her fundamental rights under Articles 14 (right to equality) and 21 (right to life) of the Constitution. 
  • Impetus to black marketing: Blanket ban on commercial surrogacy may lead to creation of unregulated, exploitative underground/black markets.
  • Does not define close relative: The Act does not define ‘close relative’, which is a condition to be fulfilled by the surrogate mother. Thus, scope for confusion and exploitation of loop holes is always there.
  • Reproductive liberty to the couples: Several restrictions in form of eligibility criteria etc. restrict the surrogacy option to intending couples, which is a denial of reproductive liberty to them.
  • No power to make a decision on abortion: The Intending couple does not have final say in the consent to abort a surrogate child, even if the child being born out of a surrogacy arrangement is at the risk of physical or mental abnormalities. 
  • Identity and emotional aspect: Several times couples do not want to reveal their plans of opting for surrogacy, now putting the condition of close relative to be a surrogate clearly ignores this aspect and restricts the choices. Further, familial bonds and interaction may involve high emotional complications between surrogate mother and intended parents.
  • Definition of infertility: Infertility is restricted to failure to conceive, does not cover other issues that a woman may face in delivering a child. 

Way Forward

  • The government should remove the time limit for IVF treatment before permitting surrogacy, taking into consideration medical circumstances and concerns that deter some women from childbirth.
  • The issue of postpartum depression should be addressed by implementing provisions for its management, and maternal benefits should be accessible to all mothers.
  • The government should provide a clear definition of close relative and infertility.
  • With appropriate safeguards, expanding the surrogacy sector to include commercial surrogacy will benefit individuals who long for the experience of parenthood.
  • The government should include live-in couples, unmarried women, and single parents in this Act, as Right to Reproduction is a fundamental right. 

Judicial Discretion and Bail in POCSO Cases

Context: In recent years, courts have begun considering nuances while granting bail on the POCSO cases. Bail may be considered favourably if the relationship appears to be consensual, and especially where the victim has recorded a statement before the Magistrate to that effect.

Relevance of the topic:

Prelims: Key facts about the Protection of Children from Sexual Offences (POCSO) Act.

Mains: POCSO Act: Implementation Issues. 

Protection of Children from Sexual Offences (POCSO) Act

  • The POCSO Act is a special law in India enacted in 2012 to protect children (under 18 years) from sexual abuse and exploitation. 
  • It is a gender-neutral law. The Act defines a child as "any person" under the age of 18.
  • Implementation: Ministry of Women and Child Development.

Key Provisions of Protection of Children from Sexual Offences (POCSO) Act

  • The Act criminalises both penetrative and non-penetrative sexual assault, sexual harassment, and child pornography.
  • It deems all minors under 18 incapable of ‘consent’, and any sexual activity with a person under 18 is automatically considered abuse, even if the child agrees. The accused bears the burden of proving his innocence. 
  • Typically, the trauma that child sexual abuse victims endure prevents them from voicing their complaints immediately. In 2018, the Union Ministry of Law and Justice clarified that there is no time or age bar for reporting sexual offences under the POCSO Act.
  • It mandates child-friendly procedures like special courts, in-camera trials, and video-recorded testimonies. 

With strict penalties, a presumption of guilt on the accused, and time-bound trials, the Act aims to fill critical legislative voids and deliver swift, victim-centric justice.

POCSO and Age of Consent

  • POSO does not recognise consent below the age of 18. Any sexual act with a teen, even if voluntary, is treated as an offence. This creates a legal grey zone in cases where teenagers enter into consensual relationships that later attract criminal charges.

Judicial Discretion and Bail in POCSO Cases: 

Recently, a special POCSO court in Mumbai granted bail to a 40-year-old female teacher accused of sexually assaulting a teenage boy, noting the consensual nature of their relationship.

  • Bail in POCSO Cases: POCSO offences are cognizable and non-bailable; Arrests can be made without a warrant, and bail is not automatic. But the law does not contain specific statutory guidelines on bail.
  • Judicial discretion in Bail: In recent years, courts have begun considering nuances while granting bail. Bail may be considered favourably if the relationship appears to be consensual, and especially where the victim has recorded a statement before the Magistrate to that effect. Examples include:
    • Deshraj @ Musa vs State of Rajasthan case (2024): The SC granted bail to an 18-year-old boy who had been in jail for five months in a POCSO case involving a 16-year-old girl. The relationship appeared to be consensual.

Also Read: SC recent judgment and deviation from POCSO Act   

These decisions reaffirm that bail under POCSO remains a matter of judicial discretion where courts weigh constitutional liberties against the risk to the victim.

Key challenges to the Implementation of POCSO Act

  • Disclosure of identities: Though the act banned it, there have been numerous instances when the identity of child victims has been revealed by the media or court themselves while giving verdict. 
  • Mandatory reporting provision: The mandatory reporting provision of crimes under the Act proved to be counterproductive as victims of sexual abuse or their families may hesitate to approach medical professionals for fear of being drawn into a criminal case, thereby negatively impacting their right to health and medical care. It hinders adolescents’ access to safe and legal sexual and reproductive services, including legal abortions and contraceptives.
  • Applicability to consensual relations in minors: The POCSO Act made any sexual activity involving a child an offence under the Act. By rendering teenagers incapable of giving consent to sexual relationships, consensual ‘romantic relationships’ between teenagers often get criminalised. Most of such cases often resulted in acquittal because the adolescent girl failed to testify against her sexual partner.
  • Delay in investigation: The pendency of POCSO cases is extremely high due to slow pace of police investigations and delay in submitting the reports by forensic laboratories.
  • Lack of Special Courts in all Districts: Though the POCSO Act came into force in 2012, designation of Special Courts (as mandated by the Act) did not happen at the expected pace. States were lagging behind in designating these courts causing the Supreme Court to intervene.
  • Inadequate compensation to the victims: The payment of compensation to victims under the POCSO Act is a complex issue because there is often a lack of clarity on procedures for disbursing the compensation, especially in cases where the child has no family support, or resides in a childcare institution without parental support, or there is apprehension that the compensation so awarded may be misused. 

Debate on bringing down the Age of Consent: 

  • In an ongoing case, Senior Advocate Indira Jaising has requested the SC to bring down the age of consent from 18 to 16. 
  • Rationale: The criminalisation of adolescent relationships is a direct infringement of fundamental rights of the person. 
  • However, the Central government responded that such changes, even in the name of reform or adolescent autonomy, would undermine the legal protections designed to safeguard minors and potentially increase the risk of child abuse. 

Way Forward

  • Increase awareness about the Act by including age appropriate information about POCSO in school curriculum, including information on helplines like Childline.
  • Appropriate amendments to the law to decriminalise adolescent sexuality. 
  • Stipulate a time limit for consideration of disbursement of compensation to the victim. 
  • Set up more Forensic laboratories while improving the capacity and infrastructure of existing ones. 

Also Read: Law Commission Report On Pocso Act 

The Child Adoption Crisis in India

Context: The latest data obtained through a recent Right To Information (RTI) application shows asymmetry in child adoption in India. Central Adoption Resource Authority (CARA), the country’s nodal adoption agency, has struggled to effectively manage the adoption process. 

Relevance of the Topic:Prelims: Key facts about Central Adoption Resource Authority (CARA). Mains: The Child Adoption Crisis in India. 

Adoption is India are governed by two laws

  • Hindu Adoption and Maintenance Act, 1956 (for Hindus, Jains, Sikhs and Buddhists). 
  • Juvenile Justice (Care and Protection of Children) Act, 2015. CARA comes into the picture for parents taking the JJ Act route.

Central Adoption Resource Authority

  • Central Adoption Resource Authority (CARA) was set up in 1990 by the Ministry of Women & Child Development to oversee child adoption procedures for Indians and non-resident Indians living abroad.
  • CARA attained the status of a statutory body in 2016 under the Juvenile Justice (Care and Protection of Children) Act, 2015.  
  • CARA is the nodal body regulating the adoption of orphaned, surrendered and abandoned children in India. 

Mandate and Functions of Central Adoption Resource Authority

  • CARA is mandated to monitor and regulate in-country and inter-country adoptions in accordance with the provisions of the Hague Convention on Intercountry Adoption, 1993, ratified by Government of India in 2003.  
  • These procedures include centralising registration for children and prospective parents, conducting home study reports, referring children, preparing orders and conducting post-adoption follow-ups.
  • CARA is also mandated to frame regulations on adoption-related matters from time to time as per Section 68 of the JJ Act, 2015.  

In 2018, CARA allowed individuals in a live-in relationship to adopt children from and within India. 

Hague Convention on Intercountry Adoption, 1993:

  •  The international agreement facilitates adoption beyond borders. 
  • It helps find a permanent family for a child for whom a suitable family cannot be found in his or her State of origin and to prevent the abduction, the sale of, or traffic in children. 
  • India ratified the convention in 2003.

Juvenile Justice Act and Adoption Process

  • The Juvenile Justice (Care and Protection of Children) Act, 2015 empowered CARA to streamline the process and infuse transparency and efficiency into the system.
    • It included setting up an e-governance system (CARINGS) to facilitate adoption, allowing prospective parents to track applications and setting out times for domestic and inter-country adoptions to ensure early deinstitutionalisation of such children.
    • The streamlined process meant that once CARA gave a no-objection certificate (NOC) to childcare institutions and civil society organisations, they could directly give a child for adoption, minimising the possibility of trafficking and corruption. 
  • The Juvenile Justice (Care and Protection of Children) Amendment Act, 2022 authorised local District Magistrates (DMs) to issue adoption orders in order to ensure speedy disposal of cases and enhance accountability, thus decentralising responsibilities. The DMs would also be charged with inspecting the functioning of local childcare institutions, child welfare committees, juvenile justice boards, etc.

Benefits of Adoption: 

  • Adoption can provide a child with the critical resource needed for a healthy and stable living. 
  • Allows mothers to continue pursuing their goals without putting their education or career on hold.
  • Relieves the financial and emotional stress of unplanned pregnancy and single parenting.
  • Gives an opportunity to help hopeful parents who would not be able to have a child otherwise.  

Challenges in Child Adoption Process in India: 

  • Growing gap and imbalance in Adoption: In 2022, a Parliamentary panel called the imbalance in adoption a paradoxical situation:
    • As per the 2020 World Orphan Report, India has an estimated 3.1 crore children who were orphans. But as of 2025, only 2652 children were legally free for adoption.  
    • While a significant number of parents are willing to adopt, only a limited number of children are legally cleared for adoption. As of 2025, there are 13 prospective parents for every child free for adoption. 
  • Time-consuming adoption process: Average delay for prospective parents to get an adoption referral in India has increased from 3 years by 2022 to about 3.5 years in 2025. This delay could force prospective parents to adopt children via illegal means. 
  • Implementation Challenges:
    • Over-Centralisation: CARA’s centralised processes and requirement for multiple NOCs and home studies cause delays and discourage many adoptions, especially inter-country adoptions. 
    • Tedious legal formalities: Exhaustive paperwork and court procedures often lead to attrition of prospective parents in the adoption process pipeline.
    • Infrastructure constraints: Implementation is a huge challenge due to resource limitations, lack of training, and a gap in linkages between adoption agencies and the Child Care Institutions (CCI).
    • Shortage of babies/young children: High demand-supply skew exists for healthy infants/toddlers (aged 0-2 years) amid prevalent societal prejudices. Most children tend to be older in age or have special needs, who are less likely preferred by prospective parents.

In 2023, the Supreme Court “expressed displeasure” over the time-consuming adoption process.

Way Forward

  • Digitalisation of the records of children with Child Care Institutions (CCI) to speeden the process of bringing children to legal adoption pool.
  • Address Legal Complexities: Simplify procedures, make court processes child-friendly avoiding intimidating environments. Set time-bound frameworks at each step to fasten the adoption process. 
  • Mandatory formal training and counseling for prospective parents, particularly those adopting children with special needs. 
  • Enhance Monitoring and Quality enhancement mechanisms for Child Care Institutions (CCI), including mandatory licensing and annual grading on indicators like resource availability and child protection norms compliance. 
  • A Parliamentary Standing Committee (2022) has recommended district-level surveys to ensure that orphan and abandoned children found begging on the streets are made available for adoption at the earliest.
  • Robust post-adoption tracking systems are also needed.

Hindu Adoption and Maintenance Act (HAMA), 1956 which allows Hindus to adopt without involving agencies remains a popular mode of child adoptions. However, it adds to concerns as adoptions under HAMA may bypass child welfare checks leading to potential misuse about trafficking and illegal adoptions.  

Hence, India needs a robust child adoption process that is child-centric, less time consuming and  institutionalised. 

Indian PM’s visit to Maldives

Context: The Prime Minister of India visited Male, Maldives on July 25-26 for the 60th anniversary of the Independence Day of the Maldives. It also marks the 60th anniversary of establishment of diplomatic relations between the two nations.

This visit signals renewed effort to strengthen bilateral ties amidst regional concerns. Earlier, the Indian PM had emphasised that Maldives represents concrete expression of India’s Neighbourhood First Policy.

Relevance:Mains: India and Neighbourhood relations: India-Maldives. 

Key Highlights of Indian PM’s visit to Maldives

  • India reiterated its commitment to further deepen ties with Maldives in keeping with its ‘Neighbourhood First’ and Vision MAHASAGAR policies. 
  • ​The leaders took stock of the progress in the implementation of the India-Maldives Joint Vision for a ‘Comprehensive Economic and Maritime Security Partnership’, adopted during the State Visit of the President of Maldives to India in 2024. 
  • There was a call to further strengthen defence and maritime security cooperation between the countries under the Colombo Security Conclave.
  • As Global South partners, the countries emphasised to continue working on issues such as climate change, promotion of renewable energy, disaster risk reduction and weather science.
  • The countries witnessed exchange of 6 MOUs in the fields of fisheries and aquaculture, meteorology, digital public infrastructure, UPI, Indian pharmacopoeia and concessional Line of Credit. 
  • India extended a new Line of Credit offering Rs 4850 crores (approx USD 550 million) in support of infrastructure development and other activities in Maldives. 
  • An Amendatory Agreement for the existing LoCs was also exchanged. It reduces Maldives’s annual debt repayment obligations by 40%. 
  • The countries exchanged Terms of Reference of the proposed Free Trade Agreement.

Ties between India and Maldives hit a rough patch over the India Out campaign that Mr. Muizzu had backed during his campaign (2023), and the Boycott Maldives social media campaign that followed over criticism of Mr. Modi by Maldivian Ministers. 

image 67

India - Maldives: Evolution and Contemporary Issues

Importance of Maldives:

  • Strategic location: In the Indian Ocean, Maldives archipelago comprising 1,200 coral islands lies next to key shipping lanes of communication which ensure uninterrupted energy supplies to countries like China, Japan, and India. More than 97% of India’s international trade by volume and 75% by value passes through the region.
  • Member of SAARC: It is important for India to have the Maldives on board to maintain its leadership in the region. Maldives was the only SAARC country which seemed reluctant to follow India's call for a boycott of the SAARC summit in Pakistan after the Uri attack.
  • Blue Economy: Maldives has an intrinsic role in advancing blue economy through sustainable management and utilisation of marine resources.
  • Regional Security: India has the ambition to be a Net-security provider in the Indian Ocean region and this calls for close military and naval ties with Maldives so that India protects its own interests as well of its neighbours in the Indian Ocean region.

Area of Cooperation between India and Maldives

Economic Relations:

  • Tourism development: Maldives' economy is heavily reliant on tourism (over 28% of GDP). State Bank of India has supported economic development of Maldives since 1974 by providing loan assistance for promotion of island resorts, export of marine products and business enterprises.
  • Financial Assistance: India has provided substantial financial assistance to Maldives in the past, including-
    • ₹3,000 crore currency swap arrangement under the SAARC framework.  
    • $1.4 billion financial assistance (2018) to help Maldives manage its mounting debt.
    • India extended currency swap facility (2024) to help Maldives with its debt servicing and mitigate foreign exchange crises. 
  • Livelihood development: India developing High Impact Community Development Projects (HICDPs) in areas of livelihood and income generation, health, education, gender and child empowerment, sports and sustainable development. Over 45 HICDPs have been implemented across Maldives. 

Defence Relations:

  • Defence cooperation between India and Maldives ranges from-
    • Providing training to Maldivian Defence Personnel in Indian Military Academy
    • Supply of military equipment (E.g., Handover of two Dhruv helicopters and Dornier aircraft to Maldives National Defence Force for aerial surveillance)
    • Provision of patrol vessels and coastal radar systems
    • Joint combat exercises to help in maritime surveillance
  • Exercise DOSTI- Maritime Search and Rescue (M-SAR), Humanitarian Assistance and Disaster Relief (HADR), Marine Pollution Response (POLRES), and Anti-piracy operations.
  • Exercise EKUVERIN: This bilateral annual exercise commenced in 2009 at Belgaum, India.

Humanitarian Assistance and Disaster Relief (HADR): 

  • Operation Cactus: India saved Gayoom’s regime from a coup in 1984. 
  • 2004 Tsunami Relief: India was the first country to respond with aid, naval and air force assistance. 
  • COVID-19 pandemic: Supply of Made-in-India vaccines E.g., Covishield (first country to donate vaccines to Maldives. 

People-to-People Relations:

  • Indians are the second largest expatriate community in the Maldives. About 25% of Doctors and Teachers in Maldives are Indian nationals.
  • India Cultural Center (ICC) in Male conducts courses in yoga, classical music and dance. Also, Hindi commercial films, TV serials and music are immensely popular in Maldives.

Present Challenges:

  • Chinese Investment & Maldives-China FTA:
    • Maldives’ growth is driven by massive infrastructure projects funded by China, including the development of Hulhule Island, Friendship bridge connecting it to Male etc. 
    • Maldives has also signed an FTA with China. This raises concerns regarding Chinese debt-trap policy.
  • Political Instability: Internal political dynamics in Maldives lead to change in its foreign policy orientation. This has the potential to complicate its relations with India. 
  • Religious Radicalisation: Its political instability has also challenged overall security of the Indian Ocean by increasing radicalisation, with reports of Maldivians joining the Islamic State.

Way Forward

  • Both countries need to enhance regional cooperation by using common platforms such as the Indian Ocean RIM Association and Indian Ocean Naval Symposium.
  • India needs to implement its ‘Neighbourhood First Policy’ with strategic sensitivity and keeping vigilance about China's growing influence. 

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. 

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