» IMPORTANT NEWS ANALYSIS FOR UPSC 2 DEC 2017
IMPORTANT NEWS ANALYSIS FOR UPSC 2 DEC 2017
General Studies-I: Social empowerment
General Studies-II : Structure, organization and functioning of the Executive and the Judiciary
Triple talaq law: States’ views sought
The Centre on Friday wrote to the States asking for their views on a draft law that imposes a maximum of three-year jail term on a Muslim man for giving instant triple talaq — or talaq e biddat — to his wife.
The proposed Muslim Women Protection of Rights on Marriage Bill is approved by Parliament, it will cover all cases of instant triple talaq across the country, except in Jammu and Kashmir.
Why triple talaq should be abolished?
- According to a study, 92% of Muslim women in India want to end oral triple talaq. In spite of protests by Muslim women and activists worldwide the procedure is still prevalent in most countries.
- ‘Triple talaq’ has frequently empowered husbands to divorce their wives arbitrarily, without any substantial or valid reason.
- Oral talaq or ‘triple talaq’ delivered through new communication channels like Skype, text messages, WhatsApp and email have become worrying concerns for the community.
- These practices are against constitutional principles such as gender equality, secularism, and international laws.
- It must be noted that though still practiced and legal in India, the practice of ‘triple talaq’ has been abolished in 21countries including Pakistan.
- The government also argues that when these practices are banned in Islamic theocratic countries, the practices could have absolutely no base in religion and are only prevalent to permit the dominance of men over women.
Supreme Court of India in the Shayaro Bano case has declared the practice of instantaneous Triple Talaq as unconstitutional.
What the constitution says?
Article 44 of the Constitution says that there should be a Uniform Civil Code. According to this article, “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India”. Since the Directive Principles are only guidelines, it is not mandatory to use them.
Uniform civil Code is a proposal to have a generic set of governing laws for every citizen irrespective of religion.
General Studies-II : Appointment to various Constitutional posts
‘Process to remove poll commissioners vague’
The Supreme Court on Friday sought the Attorney-General’s assistance on a PIL petition pointing out the vagueness in the procedure for removal of Election Commissioners, saying it affects the Election Commission’s autonomy.
What is the issue?
- Article 324 (5) of the Constitution safeguards the Chief Election Commissioner (CEC) from arbitrary removal, the same provision is silent about the procedure for removal of the two Election Commissioners.
- It only provides that they cannot be removed from office except on the recommendation of the CEC.
- The CEC and the Election Commissioners have a tenure of six years, or up to the age of 65, whichever is earlier, and enjoy the same status and receive salary and perks as available to Supreme Court judges.
- The petition said the ambiguity about the removal procedure of the Election Commissioners may affect the functional independence of the Commission.
The CEC and the Election Commissioners enjoy the same decision-making powers which is suggestive of the fact that their powers are at par with each other. However, Article 324(5) does not provide similar protection to the Election Commissioners .
General Studies-II : Welfare schemes for vulnerable sections of the population by the Centre and States and the performance of these schemes
Cabinet gives nod to nutrition mission
- There are a number of schemes directly/indirectly affecting the nutritional status of children (0-6 years age) and pregnant women and lactating mothers. Inspite of these, level of malnutrition and related problems in the country is high. There is no dearth of schemes but lack of creating synergy and linking the schemes with each other to achieve common goal. NNM through robust convergence mechanism and other components would strive to create the synergy.
- The Union Cabinet on Friday approved the launch of National Nutrition Mission with a target to reduce malnutrition and low birth weight by 2% each year.
- All the States and districts will be covered in a phased manner; to begin with, the worst-affected 315 districts will be targeted this financial year.
Salient Features of the mission:
- The NNM, as an apex body, will monitor, supervise, fix targets and guide the nutrition related interventions across the Ministries.
- The proposal consists of mapping of various Schemes contributing towards addressing malnutrition
- Introducing a very robust convergence mechanism ICT based Real Time Monitoring system
- Incentivizing States/UTs for meeting the targets incentivizing Anganwadi Workers (AWWs) for using IT based tools eliminating registers used by AWWs introducing measurement of height of children at the Anganwadi Centres (AWCs)
- Social Audits
- Setting-up Nutrition Resource Centres, involving masses through Jan Andolan for their participation on nutrition through various activities, among others.
General Studies-II : Structure, organization and functioning of the Executive and the Judiciary
‘States delay recruiting of lower court judges’
States take much longer to complete a cycle of recruitment of lower court judges than the time limit prescribed by the Supreme Court, a study has revealed.
All-India Judicial Services
- The idea was first mooted by the Law Commission in the 1950s to have an AIJS.
- Under this the district judges will be recruited centrally through an all-India examination.
- They will then be allocated to each State along the lines of the AIS.
- This is expected to ensure a transparent and efficient method of recruitment to attract the best talent in India’s legal profession.
General Studies-II : Mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections.
M.P. has most number of repeat offenders
As per the NCRB, 44,171 juveniles were apprehended in 2016. Of them, 5.2% were convicted in the past at least once.
The percentage of juveniles who repeat a crime at least once is the same as that for adult criminals, according to the data published by the National Crime Records Bureau (NCRB).
NCRB is working on creation of sex offenders registry .
Sex offenders registry:
- The government plans to publicise their photographs, addresses, PAN card details, Aadhaar card number, fingerprints and DNA samples through this registry.
- Details of sexual offenders, both below and above 18 years of age would be put up only after they have been convicted and completed their sentence in jail. The details will not be included if the case are under trial and are in appeal in a higher court
- The proposal to set up a registry was first mooted by the UPA government after the 2012 gang rape in Delhi.
General Studies-III : Indian Economy and issues relating to planning, mobilization of resources, growth, development and employment.
FM seeks to allay depositors’ fears, hints at review of Bill
- Bank depositors’ fears about the safety of their savings — once the Centre enacts the proposed new law for resolving financial entities’ bankruptcy
- The Financial Resolution and Deposit Insurance (FRDI) Bill of 2017 proposes scrapping the Deposit Insurance and Credit Guarantee Corporation (DICGC) that guarantees repayment of all bank deposits up to ₹1,00,000 in case a stressed bank is liquidated.
- Depositors may face varying degrees of haircuts or writedowns on their savings at different stressed entities.
The Financial Resolution and Deposit Insurance Bill
- The Bill establishes a Resolution Corporation to monitor financial firms, anticipate risk of failure, take corrective action, and resolve them in case of such failure. The Corporation will also provide deposit insurance up to a certain limit, in case of bank failure.
- The Resolution Corporation or the appropriate financial sector regulator may classify financial firms under five categories, based on their risk of failure. These categories in the order of increasing risk are: (i) low, (ii) moderate, (iii) material, (iv) imminent, and (v) critical.
- The Resolution Corporation will take over the management of a financial firm once it is classified as ‘critical’. It will resolve the firm within one year (may be extended by another year).
- Resolution may be undertaken using methods including: (i) merger or acquisition, (ii) transferring the assets, liabilities and management to a temporary firm, or (iii) liquidation.
- If resolution is not completed within a maximum period of two years, the firm will be liquidated. The Bill also specifies the order of distributing liquidation proceeds.
Source- The Hindu, PRS
General Studies-II : Government policies and interventions for development in various sectors and issues arising out of their design and implementation.
Nissan seeks $770 million in tax dispute with T.N.
Japanese automaker Nissan Motor has begun international arbitration against India to seek more than $770 million in a dispute over unpaid state incentives, according to a person familiar with the matter and documents reviewed by Reuters.
In 2008, when Nissan and its global alliance partner, French carmaker Renault, agreed to invest in setting up a car plant in Chennai, the state government promised several incentives including some tax refunds.
- The case, brought against India for alleged violations of its Comprehensive Economic Partnership Agreement with Japan and over the refund of value added tax (VAT).
- For setting up plant, usually the state government offers financial incentives in the form of valued added taxes among others based on certain conditions.
- The refund would be allowed till the accruals reached the level of investment.
- Loss of direct and indirect jobs
- Undermine the government's efforts to attract foreign investment.
- Government’s effort to improve ease of doing business and push schemes like Make in India will be negatively affected.
General Studies-II : Effect of policies and politics of developed and developing countries on India's interests
Navy alive to China threat, says Lanba
- Chinese deployment of submarines for anti-piracy patrols in the Gulf of Aden, the Chief of the Naval Staff, Admiral Sunil Lanba, on Friday said it was an “odd task” for a submarine to perform.
- People’s Liberation Army Navy (PLAN) said they [submarines] are being deployed in the Indian Ocean for anti-piracy patrols. It is rather an odd task to give to a submarine. It is not the most ideal platform to do anti-piracy patrols
- China has actively deployed ships and submarines in the Indian Ocean in the name of anti-piracy measures and the frequency has steadily gone up.
General Studies-II : India and its neighborhood- relations.
Pope greets Rohingya in Dhaka
Pope Francis met a group of Rohingya refugees in on Friday and called for a “decisive international action” to end the refugee crisis.
Suu Kyi meets Xi in Beijing as Rohingya censure grows
Who are the Rohingyas?
- Rohingya are considered to be illegal Bengali immigrants and were denied recognition as a religion by the government of Myanmar, the dominant group, the Rakhine, rejects the label “Rohingya” and have started to persecute the Rohingya.
- The Myanamar government denies the Rohingya Muslims citizenship despite the people living there for generations.
India’s response to the crisis:
- India also faces the problem of Rohingyas fleeing into the states bordering Myanmar.
- The government has said it would deport all Rohingyas living in India illegally but the Supreme Court has said that it will hear a plea seeking a direction to the central government not to deport about 40,000 such refugees back to Myanmar.
- India’s tough stand on deporting Rohingyas back to Rakhine State in the midst of the ongoing violence has evoked criticism from national and international human rights activists.
Regional countries need to take into account the fact that the Rohingya crisis is not just Myanmar’s internal problem; rather, its spill over effect into their own territories is already evident. There should be sincere efforts to bring some peace for the most persecuted and tortured Rohingya community.
Other issues in news:
‘Carbide plant needs Swachh touch’
Two organisations write to PM seeking clean-up of highly toxic spots around the defunct UCIL factory. The polluted water ,air and land in vicinity to the industry has resulted in various morbidities like lung cancer,liver failure etc.
Environmental Conservation laws :
- The Water (Prevention and Control of Pollution) Act, 1974;
- The Water (Prevention and Control of Pollution) Cess Act, 1977;
- The Forest (Conservation) Act, 1980;
- The Air (Prevention and Control of Pollution) Act, 1981;
- The Environment (Protection) Act, 1986;
- The Public Liability Insurance Act, 1991;
- The Biological Diversity Act, 2002
Heavy rain continues in Kerala, south T.N.
The southern states of Kerala and Tamil Nadu hunkered down on Thursday as Cyclone Ockhi hurtled towards the Lakshadweep Islands, uprooting trees, snapping power lines and dumping rain in its wake.
After originating in the Bay of Bengal, Ockhi, the first in the cyclone season, has killed at least five people so far.