SC cites Preamble to reject plea against Banu Mushtaq opening Dasara in Mysuru
Turmoil, tragedy, and tenacity in Nepal
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SC cites Preamble to reject plea against Banu Mushtaq opening Dasara in Mysuru
What Happened
Event: Supreme Court of India dismissed a petition against Banu Mushtaq inaugurating the historical Dasara festival in Mysuru.
Petitioner’s Claim: The petitioner opposed a Muslim Booker Prize winner performing the inaugural pooja, arguing it was a religious activity meant for Hindus.
Supreme Court’s Ruling: The plea was rejected based on the principles enshrined in the Preamble—secularism, liberty of thought, equality, and fraternity.
Declares India as a sovereign, socialist, secular, democratic republic.
Fundamental ideals include:
Liberty of thought, expression, belief, faith, and worship
Equality: elimination of discrimination
Fraternity: promoting national unity
Article 25 (Freedom of Religion):
Provides for freedom of conscience and free profession, practice, and propagation of religion
Permits state regulation in the interest of public order, morality, and health, but cannot discriminate based on religion.
State Neutrality:
Court reiterated that the state’s neutral attitude to all religions cannot prevent intervention to eliminate practices that impede equality.
Emphasizes secularism as state neutrality, not state restriction of any faith.
Key Legal Principles Applied
Secularism as per Indian Law:
Not merely tolerance, but active equal treatment of all religions.
The court highlighted that Dasara, though having Hindu rituals, is a cultural-historical event with secular dimensions.
Distinction Between Religion and Culture:
Court recognized two aspects of Dasara inauguration:
Ribbon-cutting: purely secular, political act.
Pooja before deity: traditional Hindu ritual; essential for cultural heritage but not legally exclusive.
Neutrality of State Action:
State can invite individuals of any faith to perform ceremonial functions without violating secularism.
Social and Political Implications
Religious Pluralism:
Court reinforced inclusion of individuals from different faiths in public cultural events.
Promotion of National Unity:
Highlighting fraternity and equality as core to national cohesion, even in religiously sensitive contexts.
Protection Against Communal Exclusion:
Ensures religious minorities are not barred from participating in public traditions.
Political Neutrality:
The act of inviting Banu Mushtaq was deemed a state political function, not religious imposition.
Overview
Link to Secularism Debate:
Case reinforces “positive secularism”: India’s secularism is not anti-religion, but pro-equality and inclusive participation.
Contrasts with “Western secularism”, which often implies strict religion-state separation.
Intersection of Culture, Religion, and Politics:
Festivals like Dasara blend historical, cultural, religious, and political dimensions.
Legal precedent ensures cultural practices are preserved without communal exclusivity.
Impact on Judiciary’s Role:
Court acts as a guardian of constitutional values, emphasizing Preamble principles in adjudicating minority rights.
Implications for Public Policy:
State-backed festivals or ceremonies cannot discriminate based on religion.
Encourages inclusive cultural governance in line with national unity.
Case Takeaways
Preamble as a Guide:
This case is an example of the Preamble being directly referenced to uphold secularism and equality.
Cultural Sensitivity in Law:
Courts distinguish between religious rituals and public/cultural events.
Minority Inclusion:
Public recognition of individuals from minority communities in traditional roles strengthens social cohesion.
Conclusion
This judgment is a significant reaffirmation of secularism in practice:
The state must be inclusive and neutral, not exclusionary.
Cultural and historical traditions can accommodate diversity, fostering national unity while respecting constitutional ideals.
Turmoil, tragedy, and tenacity in Nepal
Background
Political discontent: Longstanding resentment against Nepal’s political elite—Oli, Deuba, and Prachanda—due to corruption, nepotism, and misgovernance.
Trigger event: Government banned 26 social media platforms on September 4, 2025, including X, Facebook, and Instagram, citing non-compliance with registration rules.
Youth mobilization: Gen Z (born ~1997–2012) used online platforms like Discord to organize protests, highlighting corruption, nepotism (“nepo kids”), unemployment, and economic mismanagement.
Economic context:
GDP per capita ≈ $1,400.
Youth unemployment: 1 in 5 Nepalis aged 15–24.
Corruption Perceptions Index (Transparency International 2025): Nepal ranked 107/180, score 34.
January 2023: SEBI allowed cash-settled Corporate Bond Index Futures (CBIF) on bonds rated AA+ and above.
Earlier attempt: The first push for bond index derivatives failed to gain traction due to limited investor participation and market readiness.
Proposed Initiative
Collaboration: SEBI and RBI are in advanced discussions to encourage corporate bond index derivatives trading.
Goal:
Make bond trading comparable to equity trading in terms of settlement, platforms, and trading culture.
Attract wider investor participation, especially retail and foreign investors.
Current Market Dynamics
Investor base:
Dominated by institutional investors: banks, insurers, provident funds, mutual funds.
Retail and foreign investors remain marginal participants.
Municipal bonds:
Nascent market; only 16 issuances worth ₹3,134 crore since 2017 (~0.02% of GDP).
Importance
Liquidity & depth: Derivatives can provide hedging, risk management, and enhanced price discovery.
Market maturity: Helps develop a vibrant secondary market for corporate debt, moving beyond institutional dominance.
Investment diversification: Encourages participation from new investor segments, including retail and foreign funds.
Economic impact: A deeper bond market can reduce dependency on bank financing for corporates and lower cost of capital.
Challenges
Retail participation: Low awareness and risk appetite among retail investors.
Platform & settlement issues: Bond trading currently less standardized than equity trading.
Risk management: Corporate bond derivatives can introduce credit risk, liquidity risk, and basis risk.
Municipal bond market: Lack of depth and investor confidence limits diversification opportunities.
Way Forward
Collaboration SEBI–RBI:
Develop a framework for trading, clearing, and settlement of bond index derivatives.
Encourage market-making to improve liquidity.
Investor education: Promote awareness among retail and foreign investors.
Regulatory support: Ensure transparency, credit risk assessment, and alignment with global practices.
Broader debt market development: Municipal bonds, long-term corporate bonds, and derivatives together can strengthen India’s financial markets.
Key Takeaways
India’s corporate bond market is growing, but secondary market liquidity and retail participation remain weak.
Bond index derivatives can be a transformative tool to broaden participation, provide risk management options, and make bonds more attractive like equities.