Triple Talaq, National Medical Commision, Unregulated Deposit Schemes

Dear Readers

Today is the first Sunday of the month. Therefore I will be analyzing three Acts. These Acts were passed by the Parliament this week.

Muslim Women (Protection of Rights on Marriage) Act 2019

This Act bans the practice of Triple Talaq. Triple Talaq is the practice by which a married Muslim man can divorce his wife by saying the word “Talaq” three times without any right of the woman to object to him. This Act makes any attempt to divorce a Muslim woman by a Muslim man through this practice void and punishable.

Leftist Analysis

This Act was passed in order to protect the marital rights of Muslim women. The women’s rights movement is part of feminism which is a leftist ideology. Leftists also believe that the State has a right to change the laws governing family and marriage.

However, this law was criticized by left-wing parties like the Congress, the Samajwadi Party, the JDU and the AIADMK. These parties believed that the law was discriminatory against Muslims. The leftist parties did not view the Act as one made with the intention of protecting Muslim women’s rights.

It was passed by the government which is ruled by the BJP which is a right-wing party.

Therefore this is an Act which supports a left-wing ideology, but was passed by a right-wing government, and opposed by leftist parties due to it allegedly going against one of the principles of leftism which is minority rights. It is difficult to say whether this is a leftist Act.

Upon reading the Act there is nothing that I found that would be discriminatory towards Muslims. But it does protect the marital rights of Muslim women, therefore I can say that it is a Leftist Act.

Rightist Analysis

Right-wingers are not supportive of feminism. Most of them do believe in women’s rights but don’t subscribe to the movement at large. Indian feminists believe that Indian traditions and customs must be changed in order to protect women’s rights.

The rightist ideology also states that the State should not make laws regarding family and marriage.

Right-wingers in India are not supportive of minority rights. Most of them believe that the minorities should have the same rights as the majority while the extremist right-wingers believe that minorities should have fewer rights than the majority. They don’t believe that minorities should have special rights.

This law supports feminism, affects marriage but does not discriminate against the minority. It does take away the right from Muslim men to divorce through Talaq which was a special right to Muslim men.

Therefore because it removes a special right enjoyed by a minority community and instead gives them rights that are equal to other communities, it is slightly a right wing Act.

Authoritarian Analysis

Authoritarians believe that the State should have control over the marital affairs of its citizens including in divorce.

This law increases the control that the State has over marriage of Muslims.

Therefore it is an authoritarian Act.

Libertarian Analysis:

Libertarians believe that the State should have no control over the marital affairs of its citizens.

This law increases the control that the State has over marriage of Muslims.

Therefore it is not a libertarian Act.

My Analysis:

I agree with this Act because I believe that the practice of triple Talaq/ Talaq -e-Biddat is discriminatory against Muslim women.

As a libertarian I don’t support the increase in control of the state over marriage. However I do believe it should have some control to make sure that the customs respect the principles of natural justice, one of which is that every person has a right to defend themselves. Talaaq-e-bidat does not give the wife a chance to defend herself. Therefore it goes against this principle.

I did have a fear that this law would be discriminatory against Muslims but my fears have been allayed as I have found no provisions that are discriminatory against them.

I believe that this is a leftist, authoritarian and slightly right-wing Act.

The Banning of Unregulated Deposit Schemes Act of 2018

This Act was passed to make unregulated deposit schemes unlawful. Unregulated deposit schemes are schemes in which a deposit is received by someone who is not regulated by the government.

After the passing of this Act the use of such schemes has become punishable.

Leftist Analysis

Leftism is an ideology which advocates for increasing governmental regulation over the economy. Leftists believe that this will protect the poor from exploitation by the rich.

This Act increases the regulation of the government over the economy in order to protect the poor who are often exploited in unregulated deposit schemes.

Therefore it is a leftist Act.

Rightist Analysis

Rightism is an ideology which advocates for decreasing governmental regulation over the economy. Rightists believe that this will reduce economic freedom of the citizens. Right-wingers also believe that the government should impose harsh punishments.

This Act increases governmental regulation over the economy. It prevents the citizens from promulgating unregulated deposit schemes, thereby reducing their economic freedom.

According to Section 21 of the Act anyone who solicits deposits in the name of an unregulated deposit scheme is punishable with imprisonment of 1 year up to 5 years and with fine between 2 Lakh rupees and 10 Lakh rupees.

It is an Act which reduces economic freedom but imposes harsh punishments for the contravention of any of its provisions.

Therefore it is partially a rightist Act.

Authoritarian Analysis

Authoritarianism is an ideology which believes in increasing governmental control over the economy.

This Act increases governmental control over the economy.

Therefore it is an Authoritarian Act.

Libertarian Analysis

Libertarianism is an ideology which believes in decreasing governmental control over the economy.

This Act does not decrease governmental control over the economy.

Therefore this Act is not a Libertarian Act.

My Analysis

I believe that the banking sector of the economy needs to be strictly regulated to prevent banks from exploiting people. Unregulated deposit schemes have been a nuisance for the poor.

Therefore I agree with the banning of them.

I believe that this is a left-wing authoritarian Act.

National Medical Commission Act 2019

This Act sets up the National Medical Commission. Within three years of its passage State Governments will set up their own Medical Commissions.

Functions of the Commission include framing policies for regulating medical institutions and medical professionals, assessing the requirements of healthcare related human resources and infrastructure, framing guidelines for determination of fees for up to 50% of the seats in private medical institutions and deemed universities which are regulated under the Bill.

Under the Bill, the NMC may grant a limited license to certain mid-level practitioners connected with the modern medical profession to practice medicine. These mid-level practitioners may prescribe specified medicines in primary and preventive healthcare. In any other cases, these practitioners may only prescribe medicines under the supervision of a registered medical practitioner.

It creates National Eligibility Cum Entrance Test for admission to under-graduate and post-graduate courses in medical institutions regulated under the Bill.

The Bill proposes a common final year undergraduate examination called the National Exit Test for the students graduating from medical institutions to obtain the license for practice. This test will also serve as the basis for admission into post-graduate courses at medical institutions under this Bill.

Leftist Analyses:

Leftists believe that the government must provide healthcare to its citizens. They believe that the government must regulate private medical institutions. They also believe that the government must regulate private medical colleges in order to create uniformity amongst them.

This Act fulfills all these objectives. Therefore it is a leftist Act.

Rightist Analyses:

Rightists believe the exact opposite that leftists believe with regard to healthcare.

Therefore this Act is not a rightist Act.

Authoritarian Analyses

Authoritarians believe that their should not be any space for private medical institutions.

This Act allows private medical institutions to function but merely empowers the commission to regulate them.

Therefore it is not an authoritarian Act.

Libertarian Analyses

Libertarians believe that their should be no space for any public medical institutions. This Act allows public medical institutions to function.

Therefore it is not a libertarian Act.

My Analyses

I believe that this Act will make medical institutions more accountable with regard to the standard of education they provide. I believe that creating a common entrance test and exit test will make it easier for students across the country to enroll in the medical college of their choosing.

I believe that this is a leftist Act.

Thank you for reading

This is a blog titled 360 Degrees. It examines the legislative, legal and political issues of the day from all perspectives of the political compass.