Anti dowry laws | Citizenship Under CAA Only After Scrutiny: SC | Anti-Defection Law

Anti dowry laws

Polity & Governance

In News

• The Supreme Court issued systemic directions to strengthen enforcement of anti-dowry laws.

Dowry Cases In India

• NCRB’s Crime in India 2023 report confirms a 14% rise in cases under the Dowry Prohibition Act, 1961, reaching 15,489 from 13,479 in 2022, alongside 6,156 dowry deaths nationwide.
• Uttar Pradesh topped with 7,151 cases and 2,122 deaths, followed by Bihar, Karnataka, and Madhya Pradesh.

Legal Status in India

• The payment of dowry has long been prohibited under specific Indian laws including the Dowry Prohibited under specific Indian law including:

Dowry Prohibition Act, 1961

• Mandate – To prohibit giving or taking of dowry.
• Imprisonment – Anyone who violates this law is punishable with imprisonment for a term not less than five years, and fine of not less than Rs 15,000.

Citizenship Under CAA Only After Scrutiny: SC

Polity & Governance

Context

• The Supreme Court of India has recently clarified that citizenship under the Citizenship (Amendment) Act, 2019 (CAA) is not automatic.
• Applicants must meet all conditions of naturalisation, and the Union government must examine each case individually.

Key Features of the Citizenship (Amendment) Act, 2019

• Purpose and Objective: The CAA amends the Citizenship Act of 1955 to provide Indian citizenship to certain persecuted minorities from neighboring countries of Pakistan, Afghanistan, or Bangladesh.
• Eligible Communities: The Act specifically covers six non-Muslim religious communities of Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians.
• Individuals from these communities who entered India on or before December 31, 2014, without valid travel documents or whose documents expired, are eligible for citizenship.
• Exemption from ‘Illegal Migrant’ Status: Such persons shall not be treated as illegal migrants under the Act, enabling them to apply for citizenship through naturalization.
• The required period of residence in India for naturalization has been reduced from 11 years to 5 years for these groups.
• Applicability Exceptions: The Act does not apply to:
• Tribal areas of Assam, Meghalaya, Mizoram, and Tripura (as included in the Sixth Schedule of the Constitution).
• Areas under the ‘Inner Line Permit’ system (Arunachal Pradesh, Mizoram, Nagaland, and Manipur).

Connect with the basics – Pathways to Indian Citizenship

• Constitutional Foundations: Articles 5–11 of Constitution of India (Part II) lays down the initial framework for citizenship at the time of its commencement:

1. Article 5: Grants citizenship to persons domiciled in India at the commencement of the Constitution.
2. Article 6: Covers migrants from Pakistan, granting citizenship under certain conditions.
3. Article 7: Addresses those who migrated to Pakistan but later returned.
4. Article 8: Provides for citizenship of Indians residing abroad.
5. Article 9: Bars dual citizenship, if a person voluntarily acquires citizenship of another country, they forfeit Indian citizenship.
6. Article 10: Ensures that existing citizens continue to enjoy rights unless terminated under law.
7. Article 11: Empowers Parliament to regulate citizenship by law.

Statutory Provisions: The Citizenship Act, 1955:

• It provides the legal framework for acquiring and terminating Indian citizenship. Key modes of acquisition include:

1. By Birth (Section 3)
2. By Descent (Section 4)
3. By Registration (Section 5)
4. By Naturalization (Section 6)
5. By Incorporation of Territory (Section 7).

Anti-Defection Law

Polity and Governance

Context

• A private member’s bill titled “The Constitution (Amendment) Bill, 2025 (Amendment of the Tenth Schedule)” has been introduced in Lok Sabha.
• The Tenth Schedule to the Constitution, popularly known as the Anti-Defection Law, was added to the Constitution by the Constitution(Fifty-second Amendment) Act, 1985.

Whip

• A whip refers to an order to members of a party in the House to abide by a certain direction of the party.
• Political parties issue whips to their MPs to either vote for or against the bill, depending on their party line.
• Once the whip is issued, the MPs from each party will necessarily have to obey the whip or else risk losing their seat in Parliament.
• It is not mentioned in the constitution but is considered a parliamentary convention.
• Parties appoint a senior member from among their House contingents to issue whips — this member is called a chief whip, and he/ she is assisted by additional whips.

Anti Defection Law

• The Tenth Schedule of the Constitution, also known as the anti-defection law, was added to prevent political defections.
• Disqualification on ground of defection: A legislator belonging to a political party will be disqualified if he/she:

1. voluntarily gives up his party membership, or
2. votes/abstains to vote in the House contrary to the direction issued by his political party.
3. Independent members will be disqualified if they join a political party after getting elected to the House.
4. Nominated members will be disqualified if they join any political party six months after getting nominated.
5. A member is not disqualified if he has taken prior permission of his party, or if the voting or abstention is condoned by the party within 15 days.

1. Exemptions in cases of merger: Members are exempted from such disqualification when at least two thirds of the original political party merges with another political party.
2. the members must have become members of the party they have merged with/into,
3. or they should have not accepted the merger and choose to function as a separate group.
4. Decision making authority: The decision to disqualify a member from the House rests with the Chairman/Speaker of the House.