Social Institutions - Marriage

28 நவ., 2022

What is a Social Institution: Social institutions are an integral part of society, shaping its behavior and norms. These institutions include the family, education, religion, the economy, and government. They serve to facilitate smooth functioning within a society by providing a framework for social interaction and the fulfillment of basic needs and desires. In addition, social institutions provide a sense of stability and continuity by establishing expectations for behavior and shared values and beliefs for guiding actions.

TYPES OF SOCIAL INSTITUTIONS:

Social Institutions are as diverse as it can get. Few prominent ones are

Marriage
Kinship
Family
Education
Religion
Education
Polity

MARRIAGE AS A SOCIAL INSTITUTION:

Marriage is a legally recognized relationship between two individuals that is typically characterized by monogamy, exclusivity, and permanence. It is often considered a cornerstone of personal and social stability and may come with legal and economic benefits. The definition and requirements for marriage vary across cultures and have evolved over time. It may be viewed as a spiritual or secular union and may carry legal rights and responsibilities, such as medical decision-making authority and inheritance rights. Marriage is often seen as a way to establish a committed personal relationship and create a family unit.

CHARACTERISTICS OF MARRIAGE:

It is universal and permanent
Relationship between man and woman, it requires social approval
Marriage bond is enduring and it creates mutual obligation
It is associated with civil or religious ceremony
It is a religious and social institution

TYPES OF MARRIAGE:

1) POLYGAMY:

It is the custom of having more than one mate at the same time. It can be of two types,

Polygyny
Polyandry

POLYGYNY:

The practice of having more than one wife at a time. It is more popular than polyandry but not as universal as monogamy. It has prevailed among the ancient Hebrews, Assyrians, Babylonians, Indians and others. It is in practice among the Eskimo tribes, Crow Indians, Baigas of India, African Negroes, the Nagas, etc., However, it is permitted in Muslim Community.

Polygyny is classified into two types. They are sororal and non-sororal.

I) Sororal Polygyny:

"soror"- sister

In this the cowives are sisters and they are often preferred because sisters are thought to be mutually supportive and less argumentative. Also called as sororate. The death of the wife or childlessness is compensated by a new spouse who is the sister of the wife.

II) Non-Sororal Polygyny:

In this the wives are not related as sisters. For social, economical and politcal reasons both the type are practised.

Causes of polygyny:

a) More women less man

b) Economic advantage

c) Desire for more children

d) Capturing women in wars and fights

e) Enforced celibacy

POLYANDRY:

The practice of having more than one husband at a time. It is practised among Tibetans, Bahama of Africa, tribals of Samoa and others. In India tribes such as Toda, Kota, Khasa too practise this kind of marriage. Earlier Nairs of Kerala used to practised such form.

Polyandry is classified into two types. They are fraternal and non-fraternal.

I) Fraternal polyandry:

The husbands in the polyandrous marriage are brothers, this practice is called as fraternal or levirate polyandry. It is prevalent among Todas.

II) Non- Fraternal polyandry:

In this all the husbands are not related to each other. The woman lives with her different husbands in turns. While she lives with one husband, others have no right or claim over her.

Causes of polyandry:

a) Scarcity of women

b) Social customs

c) Extreme poverty

d) Bride price

e) Desire to keep the property intact (Tibetians)

f) Desire to control population

2) MONOGAMY:

It is the form of marriage in which one man marries one woman. It is found among the primitive as well as civilised people. It is one of the universal practice at present.

It is practised among the tribals such as santals, the Hopi, Andaman Islanders, the Vedas of Ceylon and others. Ancient Hindus regarded monogamy as the most ideal form of marriage.

ADVANTAGES:

I) Universally practicable:

It deals with one-to-one ratio (one man to one women), and only it can provide marital oppurtunity and satisfaction to all the individuals. Neither polygyny nor polyandry can equally satisfy all.

II) Economically Better Suitable and promotes better understanding:

No man of ordinary income can think of polygamy. Only monogamy can adjust itself with poverty. It contributes to family peace and happiness. Vatsayana, an authority on "Kama Sutra" remarked,

"At best a man can only please one woman physically, mentally and spiritually, therefore the man who enters into polygamy marriage voluntarily courts unhappiness and misery"

III) Contributes to Stable family:

Here, the family bond is more stable, stronger and long lasting. It is free from conflicts which are found in polygamous families.

IV) Helps to better socialisation:

Since Husband and Wife have better understanding, they can give greater attention to socialisation and special attention to their children. Under polygyny the husband cannot devote himself fully to each of his wives and children because they are too numerous.

V) Aged people are not neglected:

In this old parents are protected and looked after properly. In polygyny, old wives are often discarded and in their place younger wives are brought in.

VI) Provides better status for women:

Women are given only a very low position in polygyny. Their rights are never recognised, they can be divorced. But in monogamy, women enjoy better social status, in the modern societies they enjoy almost equal status with men.

CHANGING TRENDS IN MARRIAGE:

I) Change in the form of marriage:

Monogamy has become more popular and practised, compared to polygamy and group marriage. The recent trends of unconventional marriages like Gay marriage, homosexual marriages are being practised.

II) Change in the process of mate selection:

Earlier parents used to select the boy or girl, the opinion of their children was barely asked. Nowadays, parents fix the marriage with the consultation of their children. Sometimes, the boy or girl match their spouse on their own without the intervention of their parents.

IV) Change in the age of marriage:

Child marriage is been declining. The legal age for marriage is 21. The legislation like Prohibition of Child Marriage Act 2006, Education, Media, Awareness have delayed the marriage age.

V) Change in the agencies of marriage:

Few decades ago the alliance was fixed in consultation with relatives, brokers, etc., but now various marriages are fixed online through many matrimonial columns in the media, newspaper, etc.,

VI) Change in rituals:

There are several "Samskaras(rituals)" that were observed but now not all these rituals are observed inspite the continuance of faith that marriage is made in heaven and bondage is for seven janmas among many. Kanyadhana and Mangalyadharana were the main ceremonies that are observed. And usually in the olden days marriage ceremonies used to take place for about 3 to 7 days but now these got reduced to 1 or 2 days.

OTHER FEATURES OF CHANGING TRENDS:

Increase in divorce cases
Attraction towards gay, homosexul marriages, living together concepts
Inclination towards love, inter-caste and inter-religious marriages.
Change in stability
Married couples having fewer children
Marriage counselling on the rise
Decline in the rates of marriage.

Preamble - Porul.in Explainer

25 நவ., 2022

The Preamble is an introductory statement to the constitution. It is intended to state the subject, aims and objectives of the constitution. The Preamble to the Indian Constitution is based on the "Objective Resolution" of Nehru. Jawaharlal Nehru introduced an objective resolution on December 13, 1947 and it was accepted by constituent assembly on 22nd January 1947.

The Preamble derives its authority from the people of India. It declares India to be a sovereign, socialistic, secular, democratic and republic. It specifies justice, liberty, equality and fraternity as the objectives. It was adopted on November 26th, 1949.

The Preamble has been amended only once by the 42nd Constitutional amendment, 1976. With the help of this amendment three new words were added to the Preamble namely socialist, secular and integrity.

Porul.in

SCOPE:

As Supreme Court has observed it is the key to unravel the minds of the makers of the Constitution. It is non-justifiable in nature, like the DPSPs and cannot be enforced in a court of law. The Preamble can neither provide definite or real power to the three organs of the state nor limit their powers under the provisions of the Constitution. Therefore, Preamble plays a limited and yet vital role in removing the doubt surrounding the provisions of the Constitution.

SIGNIFICANCE OF THE PREAMBLE:

The words sovereign, socialist, secular, democratic and republic in the Preamble show the nature of the nation. The ideals of justice, liberty, equality, fraternity reflect the constitutional objectives. Preamble reflects the philosophy of the Constitution.

A famous jurist and constituent expert named N.A Palkhivala describes the Preamble as the "Identity card of the Constitution"

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KEY WORDS:

We the people of India:

It means the people of India are the ultimate leaders and their power is exercised at the ballot box. The selected representatives through the elections will govern the nation on behalf of citizens of India and will be responsible for them.

Sovereign:

The word sovereign means supreme power or authority. According to our Indian Constitution, India is a sovereign state. A sovereign state has its own independent authority and not being dominated by any other external force.

Socialist:

India has adopted "Democratic Socialism", which advocates a mixed economy, where the private and governmental sector co-exist. It seeks to eradicate poverty, ignorance, sickness and inequality in opportunity.

Secular:

The term secular means all the religions in India gets equal respect, protection and support from the state.

Democratic:

The term democratic refers to the form of government in which the people have the authority in which the supreme power is vested in the people and exercised directly by them or through the representatives elected by the people through elections.

Republic:

The term republic means that the head of state is directly or indirectly elected by the people. For Example, In India, the President is the head of the State and he is indirectly elected by the people.

OBJECTIVES:

The main objective is to promote peace throughout the nation. The factors helping in achieving the objective are:

Justice:

The term stands for system of equal rights, freedom and opportunities for all in a society. India seeks social, economic and political justice to ensure equality to its citizens.

Social Justice - It means a society without discrimination on any grounds like caste, creed, gender, religion, etc.,

Economic Justice - No discrimination on the basis of wealth, income and economic status of the people. Every person must be paid equally and equal opportunities should be provided for every people.

Political Justice - All the people have an equal, free and fair right without any discrimination to participate in political opportunities.

Liberty:

The term "liberty" means freedom, it means that people can choose their way of life and no reasonable restrictions can be imposed in terms of thoughts, feelings and view. Liberty does not mean freedom to do anything, but there is a certain limit which is set by the law.

Equality:

The term means all the people have given equal opportunities for everything without any discrimination. Everyone is equal before the law.

Fraternity:

The term fraternity means a feeling of brotherhood. It helps to promote dignity and unity in the nation.

LANDMARK CASES:

In Re Berubari Union case (1960), the Supreme Court held that the Preamble is not the part of the Constitution and because of this, Preamble has no substantive power.

In Keshavananda Bharati vs. State of Kerala (1973), the Supreme Court held that the Preamble is the part of the Constitution and it is of great importance. The court further held that the Preamble can be amended without altering the basic structure of the Constitution.

In S.R. Bommai v. Union of India (1994), the Supreme Court reiterated the view held in Keshavananda Bharati case and held that the Preamble is an integral part of the Constitution.

In K.K. Bhaskaran v. State (2011), the Supreme Court held that the Constitution should be interpreted in such manner so as to secure the goal of social, economic and political justice.

Melocanna baccifera | IAS Exam

21 நவ., 2022

Melocanna baccifera is a tropical bamboo species also called "Muli" in North East India. It is one of the largest fruit producing Bamboo and native to NorthEast India-Myanmar region.

Melocanna baccifera

The Bamboo grows in a tropical-subtropical climate and It is most useful in its native range especially in Bangladesh.

Recently, This bamboo was on the headlines for attracting predators like Bats, Rats, etc., See basically these Bamboos during its gregarious flowering season produces edible fruits which have the size and shape of pear.

The Problem with the fruit?

Predators like Bat, Rats line up in large numbers to consume these fruits. Previously Scientists were of the opinion that the animals are getting attracted towards the fruit for its high protein. But a recent research has revealed that the sweet nature of these fruits which is nothing but sugars are the reasons for its familiarity among animals.
Fruit Chemistry an interesting subfield of chemistry is on rage nowadays as it can help us identify the connections between so many incidents involving Animals and their food behaviour.

WHY is Melocanna baccifera the Issue now?

Black Rats the one at the forefront in the line devouring the fruits, multiply rapidly during the fruit season. This is dubbed as "Rat Flood". The issue that threatens is the rats may turn towards crop produce once the fruit season is over. This may result in adverse effects like Famines which can impact heavily on Human livelihood. Let's also remember that rats are infamous for plague too.

DAMAGES UNDER SECTION 73 OF THE INDIAN CONTRACT ACT, 1872

20 நவ., 2022

What are Damages: Damages are monetary compensation allowed to the aggrieved party by law for the loss or injury he suffered for the breach of contract.A breach of contract occurs when a party entered into a contract fails to fulfill their promised obligations.

ESSENTIAL ELEMENTS TO CLAIM DAMAGES:

There are some essential elements which are to be proved by the party claiming the compensation for breach of contract. They are as follows,

A valid contract has to be there for making such a claim.
Another party to the contract must have breached the contract.
Due to such breach of contract, the party claiming must have suffered the loss.

In the case of Jalpaiguri zilla Parishad vs. Shankar Prasad Halder the apex court has observed that damages can be given only for the actual loss and not for the remote or indirect loss.

Section 73 of the Indian Contract Act, 1872 provides compensation for the loss or damage caused by the breach of contract.

GENERAL OR ORDINARY DAMAGE:

These are the damages which are payable for the loss arising naturally and directly as a result of breach of contract. This damage is also known as proximate or natural damage.

ILLUSTRATION:

X agrees to sell and deliver 10 bags of onion to Y for Rs, 5000 after two months. On the date of delivery, the price of onion increases and X refuses to perform his promise. Y purchases 10 bags of potatoes for Rs.5,500. He can receive Rs 500 from X as ordinary damages arising directly from the breach.

In the case of Hadley vs. Baxendale (1854), Plaintiff's flour mill was stopped due to the breakdown of a crankshaft, he delivered it to the defendant, it has to be taken to a manufacturer to copy it and make a new one. Plaintiff didn't know to the defendant that delay would result in a loss of profits. By some neglect on the part of the defendant the delivery of the shaft was delayed. House of Lords held that the defendant was not liable for loss of profit, since the planintiff didn't disclose the defendant that the mill was closed for want of shaft; if the plaintiff informed then defendant could have made althernative arrangements for quick transportation of the shaft.

SPECIAL DAMAGES:

Also called consequential damages, covers any loss incurred because of special circumstances or conditions that are not ordinarily predictable. To obtain this type of damage, the non breaching party must prove that the breaching party knew of the special circumstances or conditions at the time of the contract was made.

ILLUSTRATION:

X hired services of Y, a goods transporter, to deliver a machine to his factory urgently. X also informed that his business has stopped for want of the machine. However, X delayed it, Y missed out on a huge order since he didn't have the machine with him. X can claim compensation from Y. The compensation amount will include the amount of profit he could have made by running his factory during the period of delay.

VINDICTIVE OR EXEMPLARY DAMAGES:

Where breach of contract results in loss of credibility of one party besides damages, the court may order for payment of exemplary damages. These damages are allowed only

In case of breach of marriage
Dishonour of a cheque by banker wrongfully

This damage is intended to punish the defendant and to prevent others from acting in a similar manner.

ILLUSTRATION:

Here X is a business man. He issues a cheque for his next order. He has sufficient funds in his account but the bank mistakenly dishonours the cheque. X files a suit claiming compensation for damages to his reputation. The Court awards a nominal amount as damage.

NOMINAL DAMAGES:

Nominal damages simply means "very small". Where the injured party has not suffered any damages or loss by reason of breach pf contract, the court may award very nominal sum as damage. This type of damage is awarded if there is an infringement of legal right. The amount can be as low as Re. 1

SUBSTANTIAL DAMAGES:

They are awarded when the extent of breach of contract is proved but there are uncertainities regarding calculation of damages. In such types of damages there is a complete failure in performing the terms and conditions of the contract at the end of one party.

LIQUIDATED DAMAGES:

In the case of liquidated damages, the parties to the contract fix a certain amount for the compensation.

These damages are paid out in the case of a breach of contract, and are a pre-estimated and spelled out in advance when the contract is signed.

ILLUSTRATION:

If X makes a contract with Y to build a temple that they need for use by a certain date, they could include a provision in the contract that Y must pay Rs.500 per day for every day longer it takes to finish the building than the date which is mentioned in the contract.

UNLIQUIDATED DAMAGES:

It is not pre-agreed and amount of money is to be determined by court by taking all facts into consideration. Damages that are claimed which are unforseeable is called as unliquidated damages.

What are Trade Winds? - UPSC

Trade winds are a type of wind system that blows in a specific direction and is driven by global temperature and pressure differences. These winds have a major impact on global weather patterns and maritime trade routes, and have played a significant role in the development of civilizations throughout history.

For the UPSC exam, it is important to understand the basic characteristics and patterns of trade winds, as well as their impact on various aspects of the world, including agriculture, industry, and global trade. By studying the role of trade winds in history and the modern world, you can better understand the forces that shape our world and be well-prepared for questions about trade winds on the UPSC exam.

What are winds:

Wind is moving air and is caused by differences in air pressure within our atmosphere. Air under high pressure moves toward areas of low pressure. The greater the difference in pressure, the faster the air flows.

Trade Winds

Now we know that difference in air pressure creates wind. See at the equator the sun warms the Water and Land more than any place of our planet. So this intense heat makes the air to rise up and they travel towards the poles. This is actually called low pressure system. Likewise air from Poles which are cold and high pressure travel towards the equator.

Also let's know about prevailing winds. These are winds that flow over a single direction. Generally these prevailing winds blow from east to west because of Coriolis effect (A force caused by rotation of earth).

Trade winds are prevailing winds which are predictable by nature and thus these were used by ships in the ocean to sail across continents. These winds blow from East but due to the influence of Coriolis force they flow from the direction of North east in the Northern Hemisphere and from South East in the Southern Hemisphere.

Koronivia Joint work on Agriculture - UPSC Explainer

18 நவ., 2022

Koronivia joint work on Agriculture (KJWA) gains it's importance as India opposes the draft text on agriculture, saying the rich developed nations do not want to change their lifestyle to reduce emissions and are "searching for cheaper solutions abroad" It also cited that " developed countries are blocking a pro-poor and pro-farmer decision by insisting on expanding the scope of mitigation to agriculture, thereby comprising the very foundation of food security in the world". [Source: PTI]

What is Koronivia Joint work on Agriculture:

Agriculture occupies a central position when it comes to climate change. It is both highly vulnerable to the impacts of Climate change inspite being a net contributor to greenhouse gas (GHG) emissions. In light of this discussions began in 2011 and Koronivia Joint work on Agriculture (KJWA) was established during COP23, 2017 to work on a solution. The KJWA is the only programme under UNFCCC to focus on Agriculture and Food security.

This work integrates Soil, Nutrient Use, Livestock, Socio-economic and food security dimensions of the climate change.

A Study on Constitutional Doctrines - porul.in Explainer

22 அக்., 2022

A Doctrine is a principle, theory, or position that is usually applied and upheld by Courts of Law. See a Doctrine can either be a rule, theory or tent of law. In Indian Constitutional law, there are different judicial doctrines that develop over time as per the interpretation given by the judiciary. Some of the important judicial doctrines are discussed here.

DOCTRINE OF BASIC STRUCTURE:

Actually, There is no mention of the term Basic Structure in the Constitution of India. Then ask why should Basic Structure be called a Doctrine?, Because it was given through the Kesavananda Bharati case (1973) of the Constitution Bench of Supreme court. Though the bench didn't clearly mention what Basic structure really consists of, it gave us an idea. Infact it turned to become a bedrock of our constitution, protecting it from parliament changing some core features of the constitution like Secular nature, Federal character etc through amendments. For starters Parliamentary Democracy, Fundamental Rights, Secularism, Federalism, judicial review, etc., are all held by courts as the basic structure of the Indian Constitution. This doctrine actually helps to protect and preserve the spirit of the Constitution Document.

ORIGIN:

The origins of this basic structure are found in the German Constitution, which after the Nazi regime, was amended to protect some basic laws.

IMPORTANT JUDGEMENTS:

In Kesavananda Bharati case 1973, the Supreme Court of India held for the first time that the parliament has the power to amend any part of the constitution but it cannot alter the "basic structure of the constitution".
It was reaffirmed by the Indira Nehru Gandhi vs Raj Narain case (1975).The SC struck down the 39th Amendment Act as it was against the principle of separation of powers. It placed the disputes relating to the president, Vice President, Prime Minister and Speaker of Lok Sabha beyond the jurisdiction of all Courts.

3. This Basic structure Doctrine was strengthened by Minerva Mills case, 1980 and later in the Waman Rao case,1981. In this case the SC looked into the validity of Article 31A and Article 31B of the Constitution of India with respect to the doctrine of basic structure.

DOCTRINE OF SEPARATION OF POWERS:

It mainly signifies the division of powers between various organs of the state, i.e., the executive, legislature and judiciary. This Doctrine is based on the philosophy of trias politica. The three principles of this philosophy are:

One organ should not form part of the other 2 organ (Judiciary cannot be a part with executive and legislature).
One organ should not interfere in working of the other organ (Executive cannot interfere in legislative work).
One organ should not exercise the function of the other organ. (Legislature cannot perform duties of judiciary).
Article-50 of the Directive Principles of the State Policy (DPSP) puts an obligation over the state to separate the judiciary from executive. This article says,

"The State shall take steps to separate the judiciary from the executive in the public services of the State."

IMPORTANT JUDGEMENTS:

In Ram Jawaya v. State of Punjab the SC held that the Doctrine of Separation of Power was not fully accepted in India.
In Indira Nehru Gandhi v. Raj Narain (1975), the SC held that the separation of powers is a part of the basic structure of the Constitution. None of the three separate organs of the Republic can take over the functions assigned to the other.

DOCTRINE OF PITH AND SUBSTANCE:

Pith means "True Nature" and Substance means "the most important or essential part of something". There can be circumstances in which subject matter of list 1 (state legislature) clashes with the subject matter of list 2 (union legislature). Hence, this doctrine is applied in this kind of situation. "The Doctrine of Pith and Substance" is applied to determine whether a particular law relates to a particular subject mentioned in one list or the other.

Apart from its applicability in cases related to the competency of the legislature (Article 246), this doctrine is also applied in cases related to Repugnancy in laws made by Parliament and laws made by the State Legislature (Article 254). (Repugnancy is basically when two pieces of legislation have a conflict between and when are applied to the same facts but they produce different outcomes or results). This doctrine is employed in such cases to resolve the inconsistency between laws made by the Centre and the Legislature.

ORIGIN:

The origin of this doctrine lies in Canada and in India it came to be adopted in the pre-independence period, under the Government of India Act, 1935. This Doctrine is firmly supported by Article 246 of the Constitution and the Seventh Schedule.

IMPORTANT JUDGEMENT:

In State of Bombay Vs. F.N. Balsara, was a case in which Bombay Prohibition Act was challenged on the grounds that the prohibition of liquor on the borders was a matter of Central Government. The act was held valid by the court, it fell under the State list though it was impacting the liquor.
Another important case for this Doctrine in Prafulla Kumar Mukherjee v. Bank of Khulna.

DOCTRINE OF SEVERABILITY:

It is also known as "Doctrine of Separability" and protects the fundamental rights of the citizens. As per clause (1) of the Article 13 of the Constitution, if any of the laws enforced in India are inconsistent with the provisions of fundamental rights, they shall be made void.

The whole law/act would not be held invalid, but only the provisions which are not in consistency with the Fundamental Rights. According to this Doctrine, if there is any offending part in the statute, then the offending part can be declared as void, not the entire statute and the valid part can be kept.

If the valid and invalid part are so closely mixed up with each other that it cannot be separated then the whole law or act will be held invalid.

ORIGIN:

This Doctrine found its roots in England in the case of Nordenfelt v. Maxim Guns and Ammunition Company Ltd., here the issue was related to a Trade clause. Here the disputed clause was severable; and hence only a part of it become void. In this case, however, it was not exactly the doctrine of severability; it was "doctrine of blue pencil".

IMPORTANT JUDGEMENTS:

In the case of RMDC vs. UOI, SC stated that doctrine of severability is a matter of substance and not of form.
In A.K. Gopalan v. State of Madras (1950), the SC held that in case of inconsistency to the Constitution, only the disputed provision of the Act will be void and not the whole of it. The Court found that Section 14 of the Preventive Detention Act to be violative of Article 14 of the Constitution. Hence, the Section 14 of the Act was severed and held void, while the other provisions remain to be valid within the Statute.
In State of Bombay v. F.N. Balsara(1951), the disputed statute here was Bombay Prohibition Act, where the unconstitutional provision was held void and inoperative while the other part was not damaged and the Statue was stille be remaining in the force.

DOCTRINE OF ECLIPSE:

It is applied when any law/act violates the Fundamental Rights. This means the law becomes dormant and makes it unenforceable but not void ab initio (Having no legal effect from the origin).

If the said fundamental right is amended, in that case, the dormant law becomes active. It is only against the citizens that these laws/acts remain in a dormant condition but remain in operation as against non-citizens who are not entitled to fundamental rights. Doctrine of eclipse is contained in Article 13(1) of the Indian Constitution. The Doctrine of eclipse does not apply to post-constitutional laws.

IMPORTANT JUDGEMENTS:

The first case in which this doctrine was applied was Bhikaji vs. State of Madhya Pradesh(It was applied to pre-constitutional laws).
The extension to the post-constitutional law was stated in the case of DulareLodh vs ADJ Kanpur.