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Daily News Analysis 06-08-2015

S.NO.

NEWS ITEM

SYLLUBUS

ESSENCE OF THE ARTICLE

1.         

 

LeT militant captured in repeat of 26/11 (Pages 1 and 13)

a)     I.R

a)     A Pakistani militant was captured and another killed after they attacked a Border Security Force convoy in Udhampur.

2.

China media see border meet a step forward (Page 12)

a)     I.R

a)    The Chinese state media is praising the opening of the fifth border meeting point between India and China at Daulat Beg Oldie in Ladakh as a major step to keep the frontiers calm.

3.

India defers trade talks with EU (Page 15)

a)     I.R

a)     India has decided to delay the proposed trade talks with the European Union, expressing disappointment and concern over the blocs ban of around 700 pharmaceutical products.

4.

Refugees as citizens (Page 10)

a)     I.R

a)     None can object to the Union governments move to grant citizenship to undocumented migrants who have come to India fleeing religious persecution in Pakistan and Bangladesh.

5.

Military courts to try terror suspects in Pak (Page 14)

a)     International

a)     Pakistans Supreme Court approved controversial new military courts set up to hear terror cases, rejecting an attempt to have them ruled illegal.

6.

Beijing stops S. China Sea project (Page 14)

a)     International

a)     China said it has finished the land reclamation work in the South China Sea that has brought growing condemnation from its neighbours and the US.

7.

World Bank again under fire over diluting lending norms (Page 14)

a)     International

a)     A second draft framework of the World Bank for environmental and social safeguards policies is said to vastly weaken protections for affected communities and the environment at the same time as the bank intends to finance more high-risk projects.

8.

Nagaland: a long road to peace (Page 11)

a)     National

a)     The biggest victory to have come out of the peace talks is that NSCN (I-M) has agreed to give up violence and resolve all issues peacefully

9.

Hope, tempered by realism (Page 11)

a)     National

a)     Signing the accord is the easy part. The real work will begin now - to convince Nagaland (especially its many armed groups) about the efficacy of the deal.

10.

States can remit term of life convicts, says TN (Page 13)

a)     National

b)     Polity

a)     The Tamil Nadu government told the Supreme Court that State governments can suspend or remit sentences of convicts on their own if the situation demands.

 

 

S.NO.

NEWS ITEM

SYLLUBUS

BACKGROUND

IMPORTANT POINTS

1.         

 

LeT militant captured in repeat of 26/11 (Pages 1 and 13)

a)     I.R

a)     India – Pakistan relations

b)     Border disputes

c)     LoC

d)     Border Security Force (BSF)

e)     Terrorism

f)     Gurdaspur terror attack

g)     Lashkar-e-Taiba (LeT)

h)     Global Positioning System (GPS)

 

a)     A Pakistani militant was captured and another killed after they attacked a BSF convoy in Udhampur. The suspected LeT terrorist from Ghulam Mohammadabad in Pakistan told interrogators that he had infiltrated into India in a group of four.

b)     Pakistan govt sources said that India should share information about the captured Udhampur terrorists.

c)     The Udhampur attack has put the spotlight once again on whether it would impact talks between NSAs Sartaj Aziz and Ajit Doval that had been agreed to during PMs summit at Ufa.

d)     For India too, the attacks now pose a dilemma. On the one hand, with clear evidence that both Gurdaspur attackers and the Udhampur terrorists originated from Pakistan, the govt will have substantive proof to hand over, including GPS data, Made in Pakistan glove labels, as well as the testimony of terrorist caught after attack.

e)     With this, Aziz can expect a firm demand from India to take action against LeT, which India believes is behind attacks.

f)     For the moment, the govt has steered clear of blaming the Pakistan govt for the attacks, or pointing to any direct link of the Udhampur and Gurdaspur attacks to Islamabad.

2.

China media see border meet a step forward (Page 12)

a)     I.R

a)     India – China relations

b)     Border disputes

c)     Line of Actual Control (LAC)

d)     Chinas Belt and Road initiative

e)     Indias Act East Policy

f)     China-Pakistan economic corridor (CPEC)

g)     Pakistan-occupied Kashmir (PoK)

h)     BRICS summit

i)     Nuclear Suppliers Group (NSG)

j)     Kibithu

 

a)    The Chinese state media is praising the opening of the fifth border meeting point between India and China at Daulat Beg Oldie in Ladakh as a major step to keep the frontiers calm.

b)     Acknowledging that the process to strengthen peace and calm was being incrementally and consistently strengthened, diplomatic sources told that it would be premature to conclude that Sino-Indian ties have already been fundamentally realigned.

c)     Analysts said that Sino-Indian ties were getting warmer in many aspects as this was the second border meeting point to be set up between the two countries over the past year.

d)     In May, the two countries opened another border meeting point in Kibithu in Arunachal Pradesh, called South Tibet by China. There have also been media reports citing the scope of complementarity and reconciliation of Chinas Belt and Road initiative with Indias Act East Policy.

e)     However, sources pointed out that the Indian side was yet to pick any clear signals, which would suggest that the Chinese position was shifting on big-ticket bilateral issues. For instance, during the meeting between Chinese President Xi and PM Modi at Ufa in Russia on the sidelines of the summit of BRICS grouping, there was no visible change in Chinese position on the CPEC, which passed through parts of PoK.

f)     During his visit to China in May, the PM had also imparted urgency to clarification of LAC, without prejudice to the positions held by either country on the final resolution of the boundary question.

g)     Sources pointed out that the Chinese had previously signalled a shift in their position on resolving the crisis in Afghanistan, but of late Beijing did not seem to be particularly accommodative of Indian interests in Kabul.

h)     Sources also said that the Chinese were also following a hyphenated approach by tying support to Indias membership to NSG, with Pakistans request.

3.

India defers trade talks with EU (Page 15)

a)     I.R

a)     India – EU trade ties

b)     India–EU Broadbased Investment and Trade Agreement

a)     India has decided to delay the proposed trade talks with the European Union, expressing disappointment and concern over the blocs ban of around 700 pharmaceutical products.

b)    The govt of India has taken a decision to delay the proposed talks between Chief negotiators on India–EU Broadbased Investment and Trade Agreement for the present.

c)     Pharmaceutical industry is one of the flagship sectors of India which has developed its reputation through strong research and safety protocols over the years and therefore, the govt of India will examine all options in this regard.

4.

Refugees as citizens (Page 10)

a)     I.R

a)     Citizenship Act 1955

b)    Article 14(1)

c)     UN Refugee Convention 1951

d)     Universal Declaration of Human Rights (UDHR)

 

a)     None can object to Union govts move to grant citizenship to undocumented migrants who have come to India fleeing religious persecution in Pakistan and Bangladesh. Not just Hindus but also Buddhists, Christians, Zoroastrians, Sikhs and Jains are eligible for citizenship under the proposed amendment to Citizenship Act.

b)   But ideally, so long as those seeking citizenship are able to prove they are victims of religious persecution in the neighbouring country, their religious persuasion should not be a criterion for grant of citizenship.

c)    However, the real difficulty would be to distinguish between illegal migrants who came to India seeking work opportunities and a better life, and those who fled Pakistan or Bangladesh fearing persecution.

d)     In a situation where the Modi govt continues to push for tough stand against infiltration and illegal migration, the religious identity of migrants should not be basis for deciding their eligibility for citizenship.

e)     Although not a signatory to the 1951 UN Refugee Convention (under which it would have been obliged not to send refugees back to a territory against their will if they fear threats to life or freedom), India cannot escape its responsibilities under UDHR to respect the rights and freedoms of all people in its territories.

f)     Article 14(1) is categorical in stating that everyone has the right to seek and to enjoy in other countries asylum from persecution. Any well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a social group, or political opinion qualifies for refugee status. In any case, India cannot compromise on its commitment to human rights and fundamental freedoms.

5.

Military courts to try terror suspects in Pak (Page 14)

a)     International

a)     Military courts in Pakistan

b)     Terrorism

c)     Judicial review

a)     Pakistans Supreme Court approved controversial new military courts set up to hear terror cases, rejecting an attempt to have them ruled illegal.

b)     Lawmakers had voted in January to amend constitution to establish the military courts, as part of a crackdown on militancy following a Taliban massacre at a school.

c)     In his judgment, Chief Justice said the court did not have the power to strike down constitutional amendments made by the Parliament. But he said the decision to send a case for trial by military court and any order passed or decision taken or sentence awarded could be subject to judicial review in a normal court.

d)  PM Nawaz Sharif welcomed the ruling, saying the move was necessary to defeat militants.

6.

Beijing stops S. China Sea project (Page 14)

a)     International

a)     Chinas South China Sea project

b)     South China Sea

a)     China said it has finished the land reclamation work in the South China Sea that has brought growing condemnation from its neighbours and the US. Chinese Foreign Minister told his counterparts from the region at a high-level security forum that Beijing would press on with plans for construction on the newly-created islands.

b)     China has sparked alarm by expanding tiny reefs in the flashpoint sea and constructing military posts on some of them to shore up its disputed territorial claims to most of Sea.

7.

World Bank again under fire over diluting lending norms (Page 14)

a)     International

a)     World Bank  

b)     Human Rights Watch (HRW)

a)     A second draft framework of the World Bank for environmental and social safeguards policies is said to vastly weaken protections for affected communities and the environment at the same time as the bank intends to finance more high-risk projects.

b)     The new rules could have a serious impact in India, which is the multilateral agencys largest borrower.

c)     The first draft (released in July 2014) came under fire from human rights groups, and World Bank President Jim Yong Kim then committed to ensure the new rules would not dilute existing mandatory safeguards.

d)    The criticism of second draft came scarcely a month after HRW issued a critical report alleging that Indian govt and company officials engaged in widespread use of intimidation against outspoken members of communities that stand to be affected by World Bank-financed projects.

8.

Nagaland: a long road to peace (Page 11)

a)     National

a)     Naga Peace Accord

b)     National Socialist Council of Nagaland NSCN (Isak-Muivah)

c)     NSCN (Khaplang)

d)     Naga Club

e)     Naga National Council (NNC)

f)     Akbar Hydari Agreement

g)     Armed Forces (Special Powers) Act

h)     Nagaland Peace Mission

i)     Shillong Accord in 1975

j)     Simon Commission

a)    Poignancy (laced with a sense of Naga pride and aspirations) can best describe the responses to the August 3 Naga Peace Accord signed between the NSCN (I-M) and the govt of India.

b)     Notwithstanding the violence and the insurgency, the fear and the insecurity and a life lived in uncertainty. Naga-inhabited areas resonate with a sense of unique history and culture - the NSCN (Isak-Muivah) represents both.

c)    The ethnic Naga movement began its journey in 1918 with the formation of the Naga Club by 20 Naga members of French Labour Corps, who had served in World War-I in Europe. The wartime knowledge motivated the few who came in contact with the European battlefield to politically organise themselves as a distinct ethnic entity. It also aroused in them a feeling of Naga nationalism, which shaped idea of a Naga nation.

d)     The Club submitted a memorandum to the Simon Commission in 1929, in which it stated that the people of Naga areas and those of mainland India had nothing in common between them and hence the Nagas should be left alone. In 1946, NNC (a successor to the Naga Club) was formed under the leadership of A.Z. Phizo. He declared Naga independence on August 14, 1947.

e)     It is important to note that several efforts were made to resolve the Naga issue. On June 27-28, 1947, the Akbar Hydari Agreement was signed between the then Governor of Assam, Sir Akbar Hydari and the NNC, in which the Nagas right to freely develop themselves was respected.

f)     However, Clause 9 of the Hydari Agreement created divisions as it stated that the Governor of Assam as the Agent of the Govt of the Indian Union will have a special responsibility for a period of 10 years to ensure the observance of the agreement, at end of this period the Naga Council will be asked whether they require the above agreement to be extended for a further period or a new agreement regarding the future of Naga people arrived at. This was interpreted by the NNC as terminating in sovereignty.

g)     The NNC took to arms in 1955. Indian security forces responded with counter-insurgency operations, which resulted in the imposition of the Assam Disturbed Areas Act on Naga Hills on Aug 27 1955.  This later became the AFSPA 1958, further amended in 1972.

h)     In 1963, as a mechanism for conflict resolution, the Nagaland State was established. Yet, the insurgency continued, as most Naga inhabited areas were left outside the purview of new State. In 1964, a Nagaland Peace Mission was created and a ceasefire agreement was signed that lasted till 1968. After years of violence, another effort at peace was attempted with the signing of the Shillong Accord in 1975, where the NNC members agreed to give up violence and accept the Indian Constitution.

i)     However, Thuingaleng Muivah and Isak Chishi Swu, then members of the NNC, interpreted the Shillong Accord as a complete sellout and revolted, going on to form the NSCN in 1980. S.S. Khaplang (who now heads NSCN (K)) was a member of the unified NSCN that split in 1988 to form the two divisions: NSCN (I-M) and the NSCN (K).

j)     This history of the struggle is important as a backdrop to understand the significance of the Naga peace accord signed on August 03. NSCN (I-M) under Muivah and Swu have held to the ceasefire since its signing in 1997.

k)    It is notable that the NSCN (I-M) has shown flexibility in relegating sovereignty clause to the background and bringing to the fore the issue of Naga identity - a more negotiable factor with the Central govt.

l)     The details of the Accord are yet to be made public, especially on how NSCN (I-M) complicated political demand for a Greater Nagalim, comprising areas in Assam, Arunachal Pradesh and Manipur will be negotiated. However, biggest development is that the group has agreed to give up violence and resolve all issues peacefully.

9.

Hope, tempered by realism (Page 11)

a)     National

a)     Naga Peace Accord

b)     NSCN

c)     Shillong Accord

a)     According to the author, a framework agreement and a peace accord are perhaps not the same thing - the former at best can be taken as a start or basis for a final accord or settlement. Therefore, it would appear that there is still some work left for two negotiating parties (the Govt of India and the NSCN) before they are able to give a closure to peace talks.

b)     Perhaps the NSCN’s chief negotiator Thuingaleng Muivah was aware of this when he talked about challenges brought about by this agreement.

c)    Listening to both Modi and Muivah speak during signing ceremony on evening of Aug 3, it seemed that the NSCN leader appeared more circumspect compared to the PM and understandably so, given that Muivah and company will now have to bring on board all sections of Naga people towards an inclusive peace settlement.

d)     Both the central govt and the NSCN will be well aware of this task at hand, given the bitter discord that was created in the body-politic of the Nagas by past accords such as the 16-point agreement or Shillong Accord, which were termed sellouts. The Shillong Accord was the basis on which the NSCN was formed by Isak Chishi Swu, Th. Muivah and S.S. Khaplang, among others.

e)     Signing an agreement with New Delhi is one part of the job. The more intricate and hazardous part remains - that of convincing large constituency back home (especially the rival armed groups) about the efficacy of the deal.

f)     In authors opinion, New Delhi will have to take joint responsibility (along with the NSCN) to take the agreement to the other armed Naga groups and bring them on board. The central govt cannot simply sign the agreement with one group or transfer power to it but rather it should take the responsibility to guide the process towards a smooth and orderly transition to the new arrangement.

g)     Though it is early days yet, any final solution between the Centre and the Nagas (assuming that the status of the new arrangement is going to be higher than present Statehood) should come within the ambit of the Prime Ministers Office.

h)     Modi has talked about restoring the pride and prestige of Naga people. Muivah talked about trusting the Nagas and taking them into confidence for Indias needs. Such goodwill gestures should help define the new relationship between the Centre and the Nagas.

i)     At the time of writing this piece, the details are still awaited on the contours of the August 3 agreement. It will, therefore, be premature to make any kind of judgment on peace deal that has been announced by PM directly.

j)     By logic, any peace agreement will have to take into consideration the interest of both parties involved. Without a give-and-take approach, negotiations are bound to fail. The latest peace accord brings with it the hope of being a novel political arrangement.

10.

States can remit term of life convicts, says TN (Page 13)

a)     National

b)     Polity

a)     Death penalty

b)     Power of remission

c)     Mercy petition

d)     Rajiv Gandhi assassination case

e)     Code of Criminal Procedure (CPC)

f)     CJI

g)     Supreme Court

h)     High Court

a)     Tamil Nadu govt told the Supreme Court that State govts can suspend or remit sentences of convicts on their own if the situation demands. It said the power to grant mercy is not dependent on any conditions.

b)     In a hearing before a five-judge Constitution Bench, a senior advocate Rakesh Dwivedi (representing Tamil Nadu) referred to the provisions of CPC to highlight that States can take a call without any role by the Centre. However, he said the State needs to seek the opinion of the presiding judge of the court which had confirmed the sentence of the convict before taking a decision on remission pleas.

c)     The Bench is going into the maintainability of Centres petition opposing the Tamil Nadu govts decision to set free the convicts in the Rajiv Gandhi assassination case after remitting their life sentences.

d)    Besides the maintainability of the plea, the Bench would also decide whether the sentence of a prisoner can be remitted by the State govt. It would also decide whether life term meant jail term for the rest of ones life or a convict has a right to claim remission.

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