August 29th 2024 Current Affairs

Index:

1. Himachal Bill Raises Women's Marriage Age

CONTEXT: Himachal Pradesh Assembly passed the Himachal Pradesh Amendment Bill, 2024. The Bill raises the minimum age of marriage for women from 18 to 21 years.

Amendments to the Prohibition of Child Marriage Act (PCMA):
- Section 2(a): Definition now includes any individual, “male or female,” who has not completed 21 years of age as a child.
- Section 2(b): Marriage involving either contracting party under 21 is deemed a “child marriage.”
- Overriding Effect: The Bill overrides customs or laws that previously allowed marriage below 21.

Legal Provisions for Annulment:
- A party married as a minor can file a petition within two years after attaining majority to annul the marriage.
- Marriage age raised from 21 years (for men) and 18 years (for women) to 23 years and 21 years, respectively.

Constitutional Implications:
- Concurrent List: The amendment falls under the Concurrent List, allowing both state and central legislation.
- Governor’s Role: The Bill requires the Governor’s assent. If it contradicts Central law or faces Presidential reservation, it may be returned for reconsideration.

National Context:
- This legislation follows the Centre’s proposal for uniformity in marriage age, but it requires President’s assent to avoid constitutional conflicts.
- Similar laws, like Uttarakhand’s, provide regional precedents.

Constitutional Provisions:
- Article 254(2): Provides that the Bill should be reserved for Presidential assent if it conflicts with existing laws.

State Law vs. Central Law: The Bill will become void if the central law changes and conflicts with the state law after presidential assent.

2. Bail as Norm, Jail as Exception in PMLA Cases

CONTEXT: The Supreme Court provided a ruling on bail under the Prevention of Money Laundering Act (PMLA).

Significance of the Judgment:

Relief in High-Profile Cases: The ruling granted relief to Jharkhand Chief Minister Hemant Soren’s aide, Prem Prakash, in a money laundering case.
Implications for PMLA Cases: The ruling sets a precedent emphasizing that bail should be the norm, even in stringent legislations like the PMLA.

Liberty Principle: The court emphasized that “liberty of the individual is always the rule, and deprivation is the exception.”

Section 45 of PMLA:

Misinterpretation Caution: The Court noted that Section 45 should not be construed to make bail an impossibility in money laundering cases.
Principle Restated: The section does not imply that deprivation of liberty is the norm; instead, liberty remains the standard practice.

Conditions for Bail:
- Prima Facie Innocence: The Court specified that bail should be granted if the court has reasonable grounds to believe the accused is prima facie innocent.
- No Recurrence of Crime: The accused must not be expected to commit further crimes while out on bail.

Important Concepts:

Bail vs. Jail: Reinforces the legal maxim that bail is a right and imprisonment is an exception.
Reasonable and Valid Procedure: Deprivation of liberty must follow a valid and reasonable legal procedure.

Importance for UPSC:

Judicial Activism: Example of the judiciary’s role in upholding individual rights against potential misuse of laws.
Important for GS-II (Polity and Governance): Understanding the balance between individual liberty and the state’s power in criminal law, especially under special acts like PMLA.
Case Law: Relevant for topics related to justice, fundamental rights, and law enforcement procedures.

3. Place in news – Russia Ukraine War

Place	Country	Significance	Additional Information
Kursk Oblast	Russia	Region with Ukrainian territorial advances as of August 19.	Ukrainian forces control 92 settlements including Korenevo, Lyubimovka.
Korenevo	Russia	Settlement in Kursk under Ukrainian control.	Part of Ukrainian advancements.
Lyubimovka	Russia	Settlement in Kursk under Ukrainian control.	Part of Ukrainian advancements.
Sverdlikovo	Russia	Area in Kursk under Ukrainian control.	Part of Ukrainian advancements.
Snogost	Russia	Area in Kursk under Ukrainian control.	Part of Ukrainian advancements.
Zhurovli	Russia	Northeastern settlement in Kursk under Ukrainian control.	Part of Ukrainian advancements.
Belgorod Oblast	Russia	Adjacent to Kursk; potential conflict spillover area.	Contains Russian fortifications.
Sumy	Ukraine	Close to the conflict zone; location of strategic energy infrastructure.	Urengoy-Pomary-Uzhhorod pipeline passes through here.
Sudzha	Russia	Reportedly seized by Ukraine on August 12.	Proximity to critical gas metering points.
Gazprom’s Gas Metering Point	Russia	Seized by Ukraine, impacting Russian gas exports to Europe.	Vital for the European energy supply chain.
Russian Fortifications	Russia	Defensive structures along Kursk and Belgorod borders.	Indicates Russian defense against Ukrainian advancements.