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Daily News Analysis 10-06-2015

S.NO.

NEWS ITEM

SYLLUBUS

ESSENCE OF THE ARTICLE

1.         

 

Exchange of enclaves from midnight of July 31 (Page 10)

a)     I.R

a)     Official documents say that the much-awaited implementation of the Land Boundary Agreement will start next month, beginning with the exchange of enclaves on July 31 midnight.

2.

Sri Lankan Cabinet clears new electoral system (Page 12)

a)     International

a)     After weeks of discussion with political parties across the spectrum, the Sri Lankan Cabinet has finalised the broad contours of the proposed 20th Constitutional Amendment on electoral reforms, leaving many smaller parties surprised and disappointed.

3.

Islamic State: A year of death and destruction (Page 12)

a)     International

a)     One year after the Islamic State took control of Mosul (Iraqs second largest city), it remains a formidable force. It has expanded its reach in Syria and recently captured the Iraqi city of Ramadi, while US-led anti-IS coalition looks clueless on how to defeat the terror group.

4.

Judicial appointments are too vital for a hit-and-trial method, says SC (Page 11)

a)     National

b)     Polity

a)     Objecting to the Centres argument that the National Judicial Appointments Commission should be given a chance under the hit-and-trial method, the Supreme Court said the appointment of judges to the highest courts cannot be left to vagaries of chance or at the mercy of divine powers.

5.

When even rape is legal (Page 9)

a)     National

b)     Polity

c)     Social issue

a)     There is strong evidence to prove that marital rape is the most common form of sexual violence in India. Yet, the govt refuses to make it punishable by law.

6.

Army, Assam Rifles kill 50 ultras on Myanmar border (Page 1)

a)     National

a)     In the aftermath of the Manipur attack last week, Indian agencies said that the Army and the Assam Rifles killed over 50 insurgents in two operations along the India-Myanmar border in Nagaland and Manipur.

7.

Labour laws set for big overhaul (Page 14)

a)     National

b)     Economy

a)     PM Modi is preparing to launch Indias biggest overhaul of labour laws since independence in a bid to create millions of manufacturing jobs, at the risk of rising up a political backlash that could block other critical reforms.

8.

World Bank team in India to assess ease of doing business (Page 13)

a)     Economy

a)     A two member mission of World Bank is in India to review metrics relating to ease of doing business in India, a key promise of PM Modi government.

 

S.NO.

NEWS ITEM

SYLLUBUS

BACKGROUND

IMPORTANT POINTS

1.         

 

Exchange of enclaves from midnight of July 31 (Page 10)

a)     I.R

a)     India – Bangladesh relations

b)     Land Boundary Agreement (LBA)

a)     Official documents say that the much-awaited implementation of the LBA will start next month, beginning with the exchange of enclaves on July 31 midnight. The two countries will start implementing the historic LBA, which the Indian Parliament ratified in early May.

b)     Before the start of historic process, the officials of the two countries will jointly visit the enclaves to finalise the process on modalities of implementing the LBA 1974 and its protocol in 2011.

c)     The joint visit is meant to inform residents of enclaves, about their rights relating to nationality and citizenship and to identify who wish to retain their nationality prior to beginning of the exchange.

d)     The documents were released a day after PM Modi ended his landmark Dhaka visit. The ultimate transfer of the enclaves would finally end the stateless life of over 50,000 people, a status they have been suffering since 1947 following partitioning of the British India, keeping them stranded in 162 enclaves.

2.

Sri Lankan Cabinet clears new electoral system (Page 12)

a)     International

a)     Sri Lankan internal issues

b)     20th Constitutional Amendment

c)     First Past The Post (FPTP)

d)     Proportional Representation (PR)

a)     After weeks of discussion with political parties across the spectrum, Sri Lankan Cabinet has finalised the broad contours of proposed 20th Constitutional Amendment on electoral reforms.

b)     However, unlike in the present system of PR, the proposed scheme marks a combination of the FPTP and PR. Of the total number of 225 seats, it had been decided to earmark 125 seats for FPTP and 100 seats for PR.

c)     President Sirisena has said any move to prevent the 20th Amendment from becoming a reality would be considered an act against people.

3.

Islamic State: A year of death and destruction (Page 12)

a)     International

a)     Islamic State (IS)

b)     Syria and Iraq crisis

c)     US-led anti-IS coalition

d)     Mosul

e)     Tikrit

f)     Ramadi

g)     Palmyra

a)     One year after the IS took control of Mosul (Iraqs second largest city), it remains a dangerous force. It has expanded its reach in Syria and recently captured the Iraqi city of Ramadi, while US-led anti-IS coalition looks clueless on how to defeat the terror group.

b)     In June 2014, IS seizes Iraqs second city of Mosul and declares caliphate across Iraq and Syria. In Aug 8 2014, US launches first air strikes against IS in Iraq, halting advances into Kurdish region. In Sept 2014, Anti-IS air campaign by US and Arab allies expands to Syria.

c)     In Jan 2015, Syrian Kurdish militia (backed by coalition air strikes) recapture Kobane after more than four months of violent fighting.

d)     In April 2015, Iraqi forces, Iranian-backed Shia militias and US-led air strikes regain control of Tikrit. In May, IS captures Ramadi (capital of Anbar province) and ancient Syrian city of Palmyra. In June, Iraqi forces advance against IS in town of Baiji, seen as crucial target in plant to retake Mosul.

4.

Judicial appointments are too vital for a hit-and-trial method, says SC (Page 11)

a)     National

b)     Polity

a)     National Judicial Appointments Commission (NJAC)

b)     Collegium system

c)     Supreme Court

d)     High Court

e)     Attorney-General

a)     Objecting to the Centres argument that the NJAC should be given a chance under the hit-and-trial method, the Supreme Court said the appointment of judges to highest courts cannot be left to vagaries of chance or at the mercy of divine powers.

b)     A five-judge Bench led by Justice Khehar criticised the govt, even as the latter urged that the hit-and-trial method was part of democratic form of governance, the Constitution and federalism.

c)     Attorney-General Rohatgi then submitted that Parliament could have used the opportunity to return to the original form of judicial appointments when the highest judiciary was lowered to position of a consultant for govt in recommending judges for appointments to Supreme Court and High Courts.

d)     Instead, he said Parliament opted for a broad-based system of judicial appointments to keep in tab with changing times. He said that NJAC is a wholesome mechanism in which the voice of the people plays a part in the judicial appointments. NJAC exudes public confidence.

5.

When even rape is legal (Page 9)

a)     National

b)     Polity

c)     Social issue

a)     Marital rape in India

b)     Age of Consent Act 1891

c)     Protection of Women from Domestic Violence Act 2005 

d)     Section 375 of the Indian Penal Code (IPC)

e)     Section 498A

f)     Protection of Children from Sexual Offences Act (POSCO) 2012

g)     Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act 1989

h)     National Family Health Survey (NFHS)

a)     Todays raging debate on marital rape in India echoes arguments that go back more than 125 years ago to Phulmani case when a 11-year-old Bengali girl died after being brutally raped by her 35-year-old husband.

b)     The colonial govt then proposed to increase the age of consent for sexual intercourse for a girl from 10 to 12 years. But some of Indias most prominent leaders opposed the measure and the Age of Consent Act was passed only in 1891, after much bitterness and argument.

c)     Reflecting on this debate, B.R. Ambedkar said in 1943 that it is impossible to read the writing of those who supported doctrine in their opposition to Age of Consent Bill, without realising depth of degradation to which the so-called leaders of the peoples had fallen. But it was opposed. Ambedkar would have been as shocked by todays arguments against the criminalisation of marital rape.

d)     According to Section 375 of the IPC, which defines rape and consent, sexual intercourse or sexual acts by a man with his own wife (the wife not being under 15 years of age) is not rape. Sexual intercourse can take place with or without consent, but because of above exception, the latter is legalised within marriage by Indian law.

e)     The twisted defence for this exception continues in spite of strong evidence that marital rape is most common form of sexual violence in India. NFHS in 2005-06 posed questions to over 80,000 women between the ages of 15 and 49, on sexual violence by husbands and other men. Data show that 8.5 percent of the surveyed women said they had experienced sexual violence in their lifetime.

f)     If there is legal backing for marital rape, women who are victims of sexual assault by their husbands have little hope for justice. The exception in the law needs to be repealed urgently, as recommended by the Justice Verma Committee in 2013. The committee argued that the relationship between the accused and complainant is not relevant to the inquiry into whether complainant consented to the sexual activity.

g)     The law on rape in India has evolved to place the burden of proof of consent on accused, and these provisions are even more important for women facing sexual violence within marriage because married women are more likely to face social sanction for reporting violence. Also, Section 498A specifies only mental and physical abuse under its definition of cruelty by husbands and in-laws.

h)   While Protection of Women from Domestic Violence Act 2005 provides civil remedies such as shelter homes, medical facilities and monetary relief to victims of sexual violence by husbands, legal clarification will go a long way towards recognising and reducing the problem. A much bigger challenge is to change the patriarchal social norms. Clearly, the law alone cannot change mindsets.

i)     In 1943, Ambedkar regretted that political reform had taken precedence over social reform. Despite this, he continued to seek both legal and social changes to improve the lot of Indias Dalits and women.

j)     Today, what is getting priority is economic reform, but we would do well to remember Ambedkars words from the same address that rights are protected not by law but by the social and moral conscience of society. If fundamental rights are opposed by the community, no Law, no Parliament, no judiciary, can guarantee them in the real sense of the word.

6.

Army, Assam Rifles kill 50 ultras on Myanmar border (Page 1)

a)     National

a)     Manipur situation

b)     National Socialist Council of Nagaland –Khaplang (NSCN-K)

 

a)     In the aftermath of Manipur attack last week, Indian agencies said that the Army and the Assam Rifles killed over 50 insurgents in two operations along the India-Myanmar border in Nagaland and Manipur.

b)     Sources said most of the killings took place in encounters in Ukhrul and Chandel districts of Manipur. Along the Nagaland border, eight insurgents are believed to have been killed.

c)     Specific and credible intelligence was received about further attacks that were being planned within our territory. The Indian Army engaged two separate groups of insurgents along the Indo-Myanmar border at two locations, along the Nagaland and Manipur borders.

7.

Labour laws set for big overhaul (Page 14)

a)     National

b)     Economy

a)     Labour laws

b)     Economic reforms

c)     Make in India initiative

a)     PM Modi is preparing to launch Indias biggest repair of labour laws since independence in a bid to create millions of manufacturing jobs, at the risk of rising up a political backlash that could block other critical reforms.

b)     The changes (if approved by Parliament) will be the biggest economic reform since India opened its economy in 1991, but it is likely to meet stiff opposition in Parliament and from labour activists.

c)     Since taking office in May last year, Modi has taken a series of incremental steps to make labour laws less trouble for businesses, but fear of a union-led political backlash made him leave responsibility for liberating the labour market with Indian states.

d)     He let his partys govts in Rajasthan and M.P take the lead in this area. Encouraged by a successful and peaceful implementation of the measures in those States, the federal labour ministry now intends to replicate them at national level.

e)     As part of the proposed revamp, a factory employing fewer than 300 workers would be allowed to lay off workers without govt permission. Currently, factories employing 100 workers or more need approval for layoffs.

f)     Official said the bill was expected to be finalised in the next three or four weeks, and would then be sent to cabinet for approval. The planned changes would also make it tougher for employees to form unions or go on strike, but would make all employees eligible for minimum wage.

g)    The World Bank says India has one of the most rigid labour markets in the world. That in turn has been a drag on manufacturing, which accounts for only 16 percent of Indias $2 trillion economy, compared with 32 percent of Chinas.

h)     Economists cite current labour rules as the biggest constraint on Modis Make in India ambition to encourage a manufacturing boom creating jobs for 200 million Indians reaching working age over the next two decades.

8.

World Bank team in India to assess ease of doing business (Page 13)

a)     Economy

a)     Ease of doing business

b)     World Bank Ease of Doing Business Report 2016

c)     Department of Industrial Policy and Promotion (DIPP)

a)     A two member mission of World Bank is in India to review metrics relating to ease of doing business in India, a key promise of PM Modi govt.

b)     India is currently ranked 142 among 189 nations in World Banks Ease of Doing Business 2015 study. With the exception of two parameters (Getting credit and Protecting minority investors), India does not feature in the top 100 in the remaining parameters.

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