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Summary
Society Class 12

THE CLASS STARTED WITH A BRIEF OVERVIEW OF THE PREVIOUS TOPICS (01:04 PM)

UNIFORM CIVIL CODE (01:06 PM)

  • It refers to a common set of laws governing the personal matters of every individual irrespective of religious background.
  • Debate on UCC:
  • Points in favour of the Uniform Civil Code Challenges in the implementation of Uniform Civil Code
    Gender Justice/Women Empowerment Due to lack of Blueprint with respect to UCC, has generated apprehensions among minorities that it is the imposition of the majority culture. 

    Uniformity with respect to personal law:

    • Legal burden will be reduced
    • Chances of using it as a basis of vote bank politics will reduce.
    • Reduce incidences of social conflict.
    A certain school of thought argues that it goes against the 'Salad Bowl Theory' of multiculturalism. 
    Promote social cohesion/National integration. The politicization of the issue along with the lack of emotional intelligence among people to view this from the prism of uniformity, empowerment, justice, etc. Instead, it is viewed from the religious differences.
    It will reduce ambiguity with respect to the interpretation of personal laws (Based on religion) There exists an issue of cultural lag as a result any change in core beliefs might take time to be accepted by society. 

    Due to less disruption of law and order, it will create fiscal space for investment in social infrastructure

    According to 21st Law Commission (Consultation Paper on Family Law reforms) stated that:

    • UCC is neither necessary nor desirable
    • Equality within the community is required rather than between the communities.
    •  Cultural diversity can not be compromised to the extent that the urge for uniformity may threaten territorial integrity.

     

    The objective of women's empowerment might be perceived as an exaggerated vision since inheritance rights have not resulted in any significant change with respect to women's ownership of assets.

  • Democracies can be established in multicultural societies however, efforts should be made to reduce cultural exclusion. National Cohesion does not require the imposition of a common identity but accommodation of diversity. UCC should be implemented after popular consensus.
  • 22nd Law Commission has asked to table the UCC on various public platforms for deliberation, debates, and discussions.
  • Doctrine of Essential Religious Practices vs Judiciopapism (Over interference of the Judiciary in religious matters):
  • Essential Religious Practices (ERP):
  • It is defined as those practices which are essential and integral to the religion.
  • They are considered vital to the identity and practice of that religion by its followers.
  • It includes rituals, practices, dressing styles, etc.
  • The doctrine of ERP i.e. to protect these practices emerged during the Shirur Mutt Case in 1954 under which the court said it would decide which practices are essential.
  • With Respect to Santhara Rajasthan High Court banned the practice for two reasons:
  • a) It is equated with suicide.
  • b) Not considered as ERP.
  • However, SC lifted the ban and made an observation:
  • a) It can not be equated with suicide.
  • b) The High Court did not take the advice of Jain practitioners.
  • The Court in Ismail Farooqi's Case held that Offering Namaz in the Mosque is not an ERP.
  • Church of God vs. KKR Majestic Colony case: The Court observed that offering prayers is an ERP. 
  • In Shah Bano Case, the Court gave the order in favour of giving maintenance however it was not an act of judiciopapism because, under Section 125 of CrPC, it is an offence to not provide maintenance to the divorced wife.
  • With respect to the Shayara Bano case, The Court declared 'Talaq-e-biddat' is not legal and is not an ERP.
  •  Young Lawyers Association filed the petition with respect to allowing entry to women in their menstrual age in the temple.
  • The Court gave judgment in the favour on the following grounds:
  • a) Banning entry is derogatory to the 'dignity of women'
  • b) Individual rights can not be at the mercy of the mob.
  • c) Patriarchy in the religion can not supersede the freedom to practice religion.
  • d) Prohibition is a form of untouchability under Article 17 of the Constitution.
  • Although this observation was challenged but it was justified on the basis of the 'Doctrine of Living Tree'
  • Prohibition is not an ERP therefore it is not protected.
  • However the dissenting judge said that:
  • a) Diversity should not be confused with discrimination.
  • b) Prohibition is not an act of patriarchy but there exists a historical origin where the restriction is due to the 'celibate nature of god'
  • c) Entertaining PIL, challenges various religious practices in a pluralistic society can cause damage to constitutional provisions and the diverse fabric of India.

POPULATION ASSOCIATED ISSUES (02:13 PM)

  • Debate with respect to high population growth:
  • Liability:
  • As High population growth will create disproportionate demand but we have limited resources.
  • Lack of equitable distribution of resources.
  • Feeling of relative deprivation
  • Social conflicts
  • Disruption of social capital
  • Threatens SDG's.
  • However it is a partial truth because if the population becomes human capital then it will act as an asset. 
  • Demography:
  • (Demo means Population and Graphy means characteristics)
  • It is defined as trends and processes related to population.
  • eg. Birth, death, migration, sex ratio, etc.
  • Two Types of Demography:
  • a) Formal: Statistical information
  • b) Social: Analysis of Statistics (Causes and consequences)
  • Demographic Dividend:
  • It is defined as 'Economic growth potential generated due to a bulge in working age group'
  • Statistics: 62.5% population = (15-59 yrs) expected to increase more than 65% by 2036.
  • Why this bulge is considered an opportunity?
  • The independent population will be more than the dependent population.
  • There will be more income and more savings leads to more investments.
  • People will have more money at their disposal.
  • It will Increase domestic demands for goods and services.
  • Swelling in labour force:
  • a) Will increase productivity at the workplace
  • b) Will having more cheap labour lead to an increase in profits
  • The government will be spending less on the dependent population.
  • Fiscal space generated might lead to more investment in social infrastructure.
  • It creates potential for innovation also the working age will create pressure on the government for better opportunities.
  • Create grounds for urbanization and industrialization.
  • It may reduce conflicts and crimes 
  • More resources with the government to invest in social infrastructure.
  • However, This is only an opportunity and not a guarantee as, it depends upon two factors:
  • a) Quality of workforce.
  • b) Job opportunities.
  • Making labour laws slightly flexible to reduce the incidences of industries going for labour substitution technology.
  • Investing in agriculture and allied activities.
  • Conducive environment for FLFP.
  • Industry-Academia collaboration.
  • Regular upgradation of skills to increase the desirability of workers in the labour market.
  • Creating a culture of startups by enhancing their utility through media.
  • Increase expenditure on research and development.
  • Practice Question: Is population growth responsible for poverty or poverty is responsible for population growth, Discuss (10 Marks/150 Words)
  • Approach Points:
  • Poverty => High Fertility as More no of children means more working hands.
  • Poverty=> Lack of education, lack of access and affordability of family planning measures => High fertility rate
  • Poverty=> Lack of access to proper sanitation and leads to high IMR so -> Higher no of children are preferred.

FERTILITY (03:25 PM)

  • Actual bearing of children in women's reproductive age group 
  • As per the NFHS Report-5, Replacement Fertility rate is 2.1
  • Five states where it is above the national average like UP, Bihar, Jharkhand, Meghalaya, and Manipur.
  • UP's Population policy was released recently
  • UP CM unveiled the new population policy for 2021-2030.
  • In this policy the state government targets to bring the population growth to 2.1 per thousand by 2026.

TOPIC FOR THE NEXT CLASS: MIGRATION, POPULATION POLICY.