Professional Documents
Culture Documents
05 February 2016
20:36
Delhi High court in 2009 judgement allowed consensual sex between same sex adults. It confined
the law only to the non-consensual, penile, non vaginal sex and sex acts by adults with minors.
Supreme Court in 2013 has overturned the above judgement and a curative petition is filed in this
context.
Supreme Court observations in 2013
1. Supreme Court observed that there have been only 200 prosecutions over 150 years. Counter
Fundamental rights to minorities are not determined by the numerical factors. They are
available to all the individuals.
2. It does not criminalize a sexual orientation or a community but merely identifies certain acts as
offenses. Counter argument separation of a person and his acts is not possible. Sec 377 is
misused to harass and extort the homosexuals. It denies the only form of sexual intercourse
available to the class of LGBT persons.
3. In 2014 NALSA judgement Supreme Court affirmed the fundamental rights of and freedoms of third
gender. Equalities and freedoms cannot be fully functional with simultaneous criminalization of their
sexual function.
4. It is always easy to fight the social prejudice when law is on their side. Supreme court has left the
decision on the issue to the parliament
5. Medically, DSM IV diagnostic and statistical manual IV, ICD International classification of
diseases no more identify homosexuality as a disease and considers it as a behavior of a
natural order. Non recognition of their sexuality can cause many mental health problems
India Pakistan
DE hyphenation of India and Pakistan mean India and Pakistan will be dealt in two different silos
February Page 1
DE hyphenation of India and Pakistan mean India and Pakistan will be dealt in two different silos
without referring to their bilateral relations. Bush administration de-hyphenated India with Pakistan
and Obama administration planning to re-hyphenate them by merging both the desks.
In the past, India opposed special representative holdbrooke to the region and strongly opposed
America s view of seeing its relations with India from perspective of later relations with other
countries in the region
February Page 2
2 Feb
05 July 2016
20:38
Myanmar
As per the constitutional arrangement in Myanmar, 25% of seats are still reserved for military. In spite of
Aang San Suu Kyi winning the majority of the seats in the legislature, she cannot be the president of
Myanmar. The constitution prohibits the spouse of foreign national or having children of another
nationality.
February Page 4
3 Feb
05 July 2016
20:39
Section 377
Supreme court of India referred the matter to constitutional bench.
Opinions
1. It is denial of right to privacy and dignity of life and results in miscarriage of Justice
2. Individuals sexual choices and behaviour is his/her most precious and private right
3. Misuse of the provisions of Sec 377 is one of the principal forms of discrimination against the transgender
community
4. USA Supreme Court also held that the gay community was entitled to due process and equal protection
in the matter of marriage
5. Supreme Court of India held that Trans genders as the third gender and recognized their constitutional
rights
February Page 5
February Page 6
4 Feb
05 July 2016
20:40
Governors Power
In the recent Arunachal crisis power of the governor and his relations with Chief Minister and Council of
ministers has come in to question.
1. Nabam Tuki Government in Arunachal Pradesh was dismissed even before a mandatory floor test could
establish the loss of majority.
2. Supreme Court of India asked for presentation of all material facts.
In other states, situation is no different. For instance, there exists a conflict between governor Ram Naik
and Akilesh Yadav Government. In states of Assam, west Bengal and Tripura governors of the states are
involved with sensitive comments on secular matters. In this context, president of India Pranab
Mukherjees guidelines to the governors need to be emphasized.
Governors shall play their assigned role with respecting the distinctive authority and responsibility vested
in the executive, the judiciary and the legislature and help create a harmonious relationship between
Centre and he states.
Female Feticide
1.
1.
2.
3.
Maneka Gandhis observations on fighting Female feticide has three important components. They include
Establish the sex of fetus when pregnancy is detected
Register it in public records
Ensure institutional delivery
The above prescription to address the challenge is very short sighted for the following reasons
1. It depends on the technology as a solution to fight the discrimination. The problem is in the society and
its patriarchal mindset.
2. Declaration of sex imposes undue social and psychological trauma on the woman.
3. It is an unnecessary intrusion of state in women biological and personal space.
The best way forward is to strictly implement the law PC & PNDT act. MH success shall drive as
an example for other states.
Education Policy
The major observations on our right to education include, According to 2011 census, average literacy
rates vary widely across the states, communities and gender. The reasons include
1. Discrimination Dalits, adivasis and girls discontinue their education due to discrimination.
2. Privatization ASER report suggests that private schools increased by 40% and are more readily
accessible to higher income groups.
Solution
1. DPSP Art 37 recommends they shall be fundamental to the governance of the country. Universal
elementary education is a directive under Art 45. The spirit of DPSP shall continue.
2. Discrimination shall be fought with common school system as suggested by Kothari commission.
3. Value based education values of human dignity and respect to equality shall be taught to make
school education inclusive.
4. Education imparting shall be in diverse ways to transfer the knowledge.
3. Both sides agreed to fast track ongoing trilateral land corridor project connecting Thailand-MyanmarIndia.
PSU
Defence PSU
Defence PSU are gaining the profits not in their activity, but in their other income that comes from the
interests accrued from advances given by military.
Monopoly, captive market, Huge advances are keeping their profits alive rather than innovation,
efficiency and achievement.
Cancer
Challenges before India in fighting cancer
Lifestyle habits
Early screening and increasing survival rate
Availability of trained personnel and experts
Distribution of trained manpower to rural areas
Breaking the Socio-cultural barriers
February Page 8
5 Feb
05 July 2016
20:41
Agricultural growth is twice as effective in reducing poverty compared to the growth originating in nonagricultural sectors.
Most of the poor(80%) live in Rural India. Rural incomes shall grow faster
Share of agriculture is total workforce has fallen to less than 50%
Employment growth has lagged behind the growth in labor force.
Problem
Rate of growth in agriculture and allied activities is down from 4% per annum in the 11th period to just
1.7% in the first there year of 12th
Number of suicides increased
Drought conditions have increased the rural distress
Fall in average size of agricultural land holding. Small farmers are increasingly forced to combine their
farm work with non-farm work.
Non-farm wok is qualitatively low and is like shifting from low income farm work to low quality non-farm
work.
Solution
Public investment it shall address the long term structural constraints in Irrigation, building the
climate resilience, R&D infrastructure, creation of quality employment in non-farm sector.
On irrigation front, watershed projects can be a good drought mitigation mechanism.
Soil Recycling organic matter and converting waste to wealth, re-framing of current fertilizer
subsidy regime and promotion of non-pesticidal management practices are necessary.
Crop diversification protein rich pulses, Millets are rain fed crops. MSP, decentralized
procurement systems can facilitate food security mechanisms.
Research Budget allocations need to be improved and ATMA (agricultural technology
management agency, Krishi vigyan kendras shall be active agents of change in rural areas.
Employment generation in non-farm sector through Agro processing industry, rural infrastructure and
private investment can be a local employment multiplier.
New issues labor, e commerce, environment, competition, government procurement that are not
in WTO regime are introduced in TPP. India shall oppose such a trade discretionary mechanism
on WTO forums.
India shall closely watch the new regulatory regimes in developed countries that violate the WTO
commitments.
Private standards These are the standards imposed by private MNC companies and they escape
the regulation of WTO. Disciplining of such private standards need to be urgently pursued.
Free trade negotiations India has to speed up free trade negotiations with EU and shall conclude
RCEP (regional comprehensive economic partnership) etc.
Alternatives India shall propose for bio piracy, protection of traditional knowledge etc. as the
alternative subjects for discussion at WTO.
Efficiency of production India shall accelerate the competitiveness of its industry through
February Page 9
Efficiency of production India shall accelerate the competitiveness of its industry through
efficiency enhancement and proper infrastructure.
Taliban Talks
Afghan chief executive Abdullah Abdullah says that
1. There are no pre-conditions for talks with Taliban
2. Prime minister Modis visit revitalized the strategic partnership agreement
3. India is kept in loop in talks with Taliban.
India recently Mi35 helicopters to Afghanistan.
Disinvestment
Government started resorting to disinvestment as a route to stay on the course of fiscal path and to take
forward the reform agenda.
It includes a strategic sale in high value companies like BHEL, Oil PSU, defense PSUs.
On expenditure side, 7th pay commission recommendation, central sponsored scheme for irrigation is on
cards.
On reform side, GST and bankruptcy code will be brought in by the Government in budget session.
Julain Assange
Wiki leaks owner, Australian nation is taking an asylum in Ecuadorian embassy in London for the last 3.5
years. Supreme court of UK upheld the extradition of him to Sweden where he is facing the charges of
rape.
He fears that he may be extradited to USA from Sweden where he is facing charge son USA secrecy laws
for his WikiLeaks.
Today, UN working group ruled his detention as arbitrary detention.
February Page 10
6 Feb
05 July 2016
20:41
(normally covered by insurance) the state can accept responsibility as insurer of last resort, as in all other
aspects of industrial society.
India has civil liability for nuclear damage act to address these.
Internationally,
The IAEAs Vienna Convention* on Civil Liability for Nuclear Damage of 1963 (entered into force in 1977).
The OECDs Paris Convention on Third Party Liability in the Field of Nuclear Energy of 1960 which entered
into force in 1968 ).
Final solution
India Nuclear Insurance Pool as a part of the overall risk-management scheme for liability The India
Nuclear Insurance Pool is a risk transfer mechanism formed by GIC Re and 4 other PSUs who
will together contribute a capacity of Rs 750 Crores out of a total of Rs 1500 Crores. The balance
capacity will be contributed by the Government on a tapering basis. The pool will cover the risks
of the liability of the nuclear operator under Section 6(2) of the CLND Act and of the suppliers
under Section 17 of the Act.
Finally, how the liability is met now?
CLND Act presently prescribes that the maximum amount of liability in respect of each nuclear incident
shall be the rupee equivalent of three hundred million Special Drawing Rights (SDRs).
In case the total liability exceeds Rs 1500 Crores, as per CLND Act, this gap up to 300 mn SDR will be
bridged by the Central Government. Beyond this, India will be able to access international funds under
the CSC once it is a party to that Convention.
How about section 17 and 46?
Government explanation
Section 17 states that the operator shall have a right of recourse. While it provides a substantive right to
the operator, it is not a mandatory but an enabling provision. In other words it permits but does not
require an operator to include in the contract or exercise a right of recourse.
Section 46 The CLND Act channels all legal liability for nuclear damage exclusively to the
operator and Section 46 does not provide a basis for bringing claims for compensation for
nuclear damage under other Acts. That this section applies exclusively to the operator and does
not extend to the supplier.
Visit the following link to get greater clarity.
http://www.mea.gov.in/press-releases.htm?
dtl/24766/Frequently_Asked_Questions_and_Answers_on_Civil_Liability_for_Nuclear_Damage_Act_
2010_and_related_issues
February Page 13
8 Feb
05 July 2016
20:42
Violent attacks of young Palestinians are increasing in Gaza and west bank. These are mainly a reaction to
expansion of Jewish settlements in west bank, East Jerusalem. This is often described as Third intifada.
Most of this post Oslo generation see PLO as a failure and are looking for alternatives to change the
status quo. Though Israel Government says there wont be any peace as long as violence continues, from
Palestinian perspective only violence has led to concessions from Israel.
Situation today
The term intifada properly translates as shaking off and in this literal sense the first two uprisings in
1987-1993 and 2000-2003.
The first outbreak was known as the war of the stones Palestinians throwing rocks against the
Israeli army and police in daily clashes. 2 nd intifada was different in character involving many more
pitched gun battles, suicide bombing and terrorist activities
The mass support from Palestinians across towns and villages as well as across social divisions is the
distinctive characteristic of an intifada.
What happened after intifada ?
First intifada has led to the limited autonomy to the Palestinians.
After second Intifada, Israel announced Gaza disengagement plan.
Gaza disengagement plan based on a news article in Washington post, 2003
In announcing the Disengagement plan in December 2003, Prime Minister Ariel Sharon said the
withdrawal was to increase security of residents of Israel, relieve pressure on the Israeli Defense Forces
(IDF) and reduce friction between Israelis and Palestinians. Hamas, the Islamic Resistance Movement,
claims that the withdrawal is the result of violent Palestinian resistance to Israeli occupation.
What is the withdrawal plan ?
Tens of thousands of Israeli troops will oversee the evacuation of the settlers from 21 different
communities in Gaza and four smaller settlements in the West Bank. They will assist settlers with moving
their belongings as well. settlers who have not voluntarily left will be forcibly removed and may lose
personal property, according to IDF commanders. Israeli soldiers will then demolish settlers homes.
Oslo Accords
Rabin and Arafat signed the Accords on the White House lawn in September 1993.
The negotiators emerged from the Oslo woods with a Declaration of Principles, or the Oslo Accords.
They included:
Hezbollah, operating out of southern Lebanon, began a series of attacks against Israel. Those culminated
in the 2006 Israeli-Hezbollah War.
After Hamas winning the election in Gaza, it led to Gaza blockade.
February Page 14
As multi trade engagements are increasing, India shall build a strong specialized cadre of trade analysts to
take forward Indian interests.
India has to focus on setting house in order and creation of a common domestic market by enacting GST
and reforming other tax laws.
It may lead to trade diversion for few of the products.
Siachen
India and Pakistan are guarding siachen since 1984 and climate is the biggest enemy. It got worsened due
February Page 15
India and Pakistan are guarding siachen since 1984 and climate is the biggest enemy. It got worsened due
to climate change.
There are proposals to convert it in to a peace park.
February Page 16
9 Feb
05 July 2016
20:43
At present, a former public servant can be prosecuted for corruption without any sanction from the
Government.
An amendment to Prevention of corruption act is aimed at
1. Prior sanction for prosecution will also be extended to retired public officials.
2. A 3 month deadline to make a decision on issue of prosecution.
Recently, Tamil Nadu Government gave an order mandating prior permission of the Government for an
inquiry in to corruption charges against any state public official. It can weaken the powers of anticorruption agencies and fight against corruption.
Sheikh Mohammed Bin Zayed Al Nahayan Crown Prince of Abu Dhabi is on a visit to India. Cyber
security, air space, nuclear cooperation are the major items on agenda.
February Page 18
10 Feb
05 July 2016
20:44
People in India with their limited knowledge of internet are able to understand the consequences of
limited internet free basics is offering for. Most of the net neutrality movement is taken up by the young
entrepreneurs against a multi-billion dollar company Facebook.
A level playing field is created and Telcos cannot act as gate keepers to prescribe the access to content
user prefers for.
Facebooks use/misuse of its platform and its control over its users to bend the policy has poses many
sovereignty questions.
On the question, should regulatory policies be crafted to prevent harm ex ante or be applied only
after harm has been established? For this, TRAI position, crafting the right policies for the
internet would distort the basic character of the internet itself can set an example for all the
developing countries facing a similar challenge.
Vocabulary to carry forward to the exam
applicability.
It means Constitutional rules must offer the reasons beyond the immediate result in the case.
Court must apply these rules irrespective of the party before it.
1. If cooperative federalism to arise misuse of Governors office in controlling the state governments shall
end.
Notes
Political parties in power at the Centre use the office of the governor to control the opposition governed
states. This differential application of principle to differential states can be expressed as partisan
federalism.
In this context, Judiciary shall strongly enforce the neutral constitutional principles to maintain the spirit
of the constitution and to protect the sanctity of constitutional offices. In such a case cooperative
federalism will define the Centre state relations.
Supreme court of India in B.P Singhal vs Union of India already held that Governor of a state could only be
removed for reasons such as Physical, mental disability, corruption and behavior unbecoming of a high
constitutional office and not at the discretion of the Centre. It is to ensure the independence and
constitutionality of the office.
Present NDA Government irrespective of the above continued the previous tradition of changing the
governors of different states with a change in Government.
In recent Arunachal Pradesh crisis, role of the governor in state and his powers to recommend imposition
of Presidents rule under Article 356 have come to question again.
Art 174 of the constitution says that Governor may summon the house of legislature of the state to meet
at such time and place as he thinks fit. But, this power needs to be exercised on the aid and advice of
Council of Ministers.
Governor Rajkhowas action to call for a house for session, prescribing agenda for the house,
recommending for imposition of Presidents rule are not in the spirit of cooperative federalism.
Supreme Court of India in SR Bommai vs Union of India case clarified that floor test is the only valid
manner by which confidence of the house to the Government of the day can be ascertained.
In this context, Judiciary shall develop the general and equal principles for universal applicability.
An international agency Global Justice now accuses Bill and Melinda gates foundation aid work benefiting
the multinational pharma companies and acting as a marketing office for USA and Europe based vaccine
companies.
Its two major programs Global fund to fight AIDS, TB, Malaria and GAVI alliance are questioned.
However, Bill and Melinda gates foundation clarified that it follows all the International aid transparency
initiative standards.
FCRA and foundation Bill and Melinda gates foundation is not registered under FCRA and it
operates as a liaison office under FEMA approved by RBI. Since it is not registered under FCRA,
funding of NGOS by the foundation is not under the control of Ministry of Home affairs. Ministry is
looking to close this loop hole.
February Page 21
11 Feb
05 July 2016
20:44
Siachen dispute is the direct result of the ambiguity that exists after Karachi ceasefire in 1949. It did not
delineate the boundary after NJ 9842 and declared it as henceforth north.
India and Pakistan since than differently interpreted henceforth north India interprets as a north
along saltoro ridge to Indira col and Pakistan interprets it as north till karakoram pass.
Pakistan ceding shaksgam valley to china has furthered complicated the issues. India sees Siachen as a
strategic ground to launch an offensive against Pakistan and China. On defensive side, If Pakistan
occupies Siachen, it can be used by Pakistan and China to launch an attack on Leh in Kashmir.
Many of the experts dismiss these are misplaced apprehensions
New Delhi insists that the present ground positions on the Saltoro ridge should be demarcated and
authenticated on a map before any demilitarization could be conducted. India has therefore insisted that
joint demarcation of the Actual Ground Position Line (AGPL) on the ground as well as the map should be
the first step to be followed by a joint verification agreement and redeployment of forces to mutually
agreed positions.
Pakistan has traditionally objected to it arguing that: a) India is the occupying party in Siachen and it
should unconditionally withdraw and the pre-1984 status quo should be maintained; Instead of Indias
February Page 22
should unconditionally withdraw and the pre-1984 status quo should be maintained; Instead of Indias
proposal of demarcation first and demilitarization later, Pakistan says that demilitarization of the region,
withdrawal of forces and authentication proceed simultaneously.
Solution
Prime Minister Man Mohan Singh proposed to make Siachen a peace park.
February Page 23
February Page 24
12 Feb
05 July 2016
20:45
India incorporated to United Nations system of National accounts and adopted a new series of national
accounts statistics.
The major changes are
Banks balance sheet clean-up imperative for growth, says Raghuram Rajan [ref link]
Asset quality review taken up by RBI . It said cleaning of bank balance sheets will help spur economic
growth and improve the lenders profitability.
The stressed assets (NPA + restructured assets) of the banks increased to 11.3% form 9.2% in 2013.
February Page 25
The stressed assets (NPA + restructured assets) of the banks increased to 11.3% form 9.2% in 2013.
February Page 26
13 Feb
05 July 2016
20:46
Appointment of governor Every time Government at the Centre changes governors who share
the political loyalties are appointed to the states.
Appointment of chief minister Misuse of the office of the governor for the advantage of the party
at the Centre appeared in the first elections itself. In 1952, Governor Sri Prakasa called C.
Rajagopalachaari to form the Government after nominating him to madras legislative council.
Misuse of Art 356 It started with the dismissal of Namboodripad Government in Kerala and
widely used during the Indira Gandhi and Janata Government. Indira Gandhi Years between
1996 and 1977 presidents rule was imposed 39 times in different states. Janata Government
also dismissed the congress Governments in 9 states.
Recommendations
Sarkaria commission Sarkaria Commission Report on Centre-State relations, 1988, which
recommended that Article 356 must be used very sparingly, in extreme cases, as a measure of
last resort, when all the other alternatives fail to prevent or rectify a breakdown of constitutional
machinery in the state
S.R.Bommai vs Union of India Supreme Court laid down tight guidelines for imposing Presidents
rule.
Role of president United front, NDA Governments also recommended for a president rule in UP
and Bihar respectively. Governor K R Narayanan refused it and said A pertinent point arises,
viz., that over the period of the slide, remedial action in terms of constitutional obligation ought to
have been taken to arrest the decline.
Opinion
1. Non party persons need to be appointed to the Governors office. As Prime minister Modi said Governors
shall be fair and be seen to be fair.
Gravitational waves
Watch this short 3 mins. video and youll know all about it and download the image for future reference.
February Page 27
Focus Points
JNU Govt. acts tough, JNU student leader charged with sedition
Section 124A of IPC was imposed on JNU students who raised anti India slogans in a recent rally.
February Page 28
15 Feb
05 July 2016
20:47
Universities shall be the place for Dissent and debate. They shall be Space of learning, lively debate,
critical thinking and political understanding of structural injustice in the country and they shall be agents
of the social transformation.
Freedom of expression is integral to democracy and democratization process. Tolerance can only nurture
the same.
Economic reforms
February Page 29
Economic reforms
Jaitley hints at cutting equity in banks, series of reform
Banking sector is reeling under decreasing asset quality. In this context, dilution of stakes of the state in
PSU banks and zero interference by the Government, professional management and autonomy to the
boards are the steps necessary.
At the same time realizing financial inclusion, geographical reach of banking sector is also very critical. It
makes PSU banks critical and necessary.
February Page 30
16 Feb
05 July 2016
20:48
Banking Sector
1. Owning without interfering
Indian banking sector is through a crisis phase as its stressed assets are mounting high. In this context,
governmental minimal interference and responsible functioning of the banks is the way out. The
challenge is how Government shall achieve the balance between its social objectives of financial inclusion
and organizational professionalism.
It can be done by converting as an investor rather than as an owner of the bank. Its shares of all the
banks can be made in to an independent, professionally managed company.
2. No bailout with taxpayer money
Indian big businesses are criticized by the RBI Raghuram Rajan as practicing the risk less capitalism. They
benefit from the profits of good times and throw the debts on the banks during bad times. It has led to
repeated bail out of various sectors, corporate debt restructuring and increase in the stressed assets of
the banks. Another reason is the early death to the developmental financial institutions in India. On the
other hand at the same time across the world, Germany, japan, Brazil, developmental institutions and
their role in the long term financing has increased significantly.
It also represents a nexus between business, banks, and auditors. So, a strong legal and institutional
mechanisms shall be put in place to control willful defaulters. Till then, corporate debt restructuring,
write offs of the banks with tax payers money shall be kept on hold.
Universities
What is a university?
University is a critical space for engagement and shall be a space to ask all important questions and to
develop reasoned arguments.
Vice chancellor of the university shall function as a trustee to protect the free space rather than an agent
of Government to act as watchdog on the student.
Repressive clampdown on the universities by any measure will lead to untoward consequences in wider
public life. Government shall be cautious in interfering with the affairs of the universities.
Justice Sir Maurice Gwyer in 1942 said that there shall be link between words uttered and actual threat of
February Page 31
Justice Sir Maurice Gwyer in 1942 said that there shall be link between words uttered and actual threat of
violence for maintaining a prosecution of sedition. Supreme court of India In Kedarnath Singh vs state of
Bihar took the similar line
February Page 32
17 Feb
05 July 2016
20:48
February Page 34
18 Feb
05 July 2016
20:49
His tenure also saw the worst humanitarian crisis in Rwanda and Somalia. (Please watch hotel in Rwanda
movie to understand the Rwandan crisis).
Indian Nepal ties Restoring goodwill in India-Nepal ties
India Nepal ties are the victim of domestic politics in Nepal, Nepali nationalism centered on the
anti-Indianism, repeated use of China Card by the Nepal and recent constitutional crisis in Nepal
has added further fuel to it. Nepal crisis is also seen as a set back to the Prime Minister Modis
Neighborhood first policy.
India is often criticized an excessive involvement in the affairs of Nepal and the partnership need to be
built on principles of equality, mutual respect and benefit.
Prime minister KP sharma Oli s visit is an opportunity for India and Nepal to set the relations in order.
Improvement in domestic political environment in Nepal and recent steps to arrange a political
committee for provincial demarcation, considerations to the concerns of Madhesis, revival of flow of
goods from India has created necessary good will. Prime minister in Nepal is acting a s a unifying figure.
By keeping the flow of promises made on post-earth quake reconstruction by India, taking forward the
infrastructure projects can be a way forward to build the goodwill.
Savings
Recently, Government has decreased the interest rates on short term small savings schemes and kept
them intact on long term savings schemes.
Interest rates on the small savings scheme significantly effects the deposit mobilization of banks and it
has cyclical effects. It is the one of the reason why banks were unable to transfer the rate reduction by
RBI. It is impacting the realization of monetary policy outcomes. By this step, the cost structure of the
economy is expected to come down and is a welcome sign.
February Page 36
19 Feb
05 July 2016
20:51
Gay rights
Information from the past
Delhi High court in 2009 judgement allowed consensual sex between same sex adults. It confined the law
only to the non-consensual, penile, non vaginal sex and sex acts by adults with minors.
Supreme Court in 2013 has overturned the above judgement and a curative petition is filed in this
context.
Supreme Court observations in 2013
1. It does not criminalize a sexual orientation or a community but merely identifies certain acts as offences.
Counter argument separation of a person and his acts is not possible. Sec 377 is misused to
harass and extort the homosexuals. It denies the only form of sexual intercourse available to the
class of LGBT persons.
2. Supreme Court observed that there have been only 200 prosecutions over 150 years.
Counter argument Fundamental rights to minorities are not determined by the numerical factors.
They are available to all the individuals.
3. In 2014 NALSA judgement Supreme Court affirmed the fundamental rights of and freedoms of third
gender. Equalities and freedoms cannot be fully functional with simultaneous criminalization of their
sexual function.
4. It is always easy to fight the social prejudice when law is on their side. Supreme court has left the decision
on the issue to the parliament.
5. Medically, DSM IV diagnostic and statistical manual IV, ICD International classification of
diseases no more identify homosexuality as a disease and considers it as a behaviour of a
natural order. Non recognition of their sexuality can cause many mental health problems.
Other arguments
It is making them vulnerable to exploitation and spread of HIV and other diseases.
Limits of Indian exceptionalism
India and Nepal share an open border and strong cultural relations. Recent bitterness related to blockade
shall be seen as an exception and both the countries shall work towards the promotion of interests of
each other.
Though small, Nepal is strategically important to India and Nepal needs India and its assistance for
development and post-earth quake reconstruction.
Analysis of the recent happenings
Constitution of the Nepal had the wider acceptance in the constitution assembly and Indias objections
raised to the constitution is seen as an infringement by many in the Nepal political elite.
Indias support to Madhesis made the country to get on to the verge of hill versus plain conflict and did
bad to madhesis rather than good.
On the other side, historically Madhesis and other janjatis are not given equal rights and participation in
nation building process as like hill population. Dignity of all identities need to be internalized by the Nepal
as a state.
In this context, two immediate things Nepal shall take up includes
Li-Fi
It is a new technology that uses the light waves instead of radio frequency waves, as a medium to carry
data. In this an improvised LED light functions as a router.
As of now under Wi-Fi we are using radio frequency on electromagnetic spectrum and lifi uses visible ray
spectrum which is much larger.
February Page 38
20 Feb
05 July 2016
20:52
Issue FBI requested Apple Inc to help access the important data held in the iPhone of the
terrorists of San Bernardino, California. Apple opposes it saying it will dilute the security of its
products to its customers and compromises their privacy.
It also provides for cyber snooping operations and can damage the civil liberties of the citizens.
Arguments in India
In India, Use of social media and other technological tools for the spread of propaganda and perpetuation
of violence is increasing. But, the Government has a little control over these social media platforms. In
reference to, security vulnerability, developing countries are much worse placed compared to developed
February Page 39
reference to, security vulnerability, developing countries are much worse placed compared to developed
nations.
Labor in the twenty-first century
Global supply chains has in-formalized the labor by breaking down the production process and subcontracting.
Growth of Service sector, kept the huge work force away from unions.
Government s attempt to dilute the existing laws further worsening the situation. SO, Annual Global
rights index published by ITUC International trade union confederation gave a rating to India along
with dictatorships like Saudi, Qatar.
Why the labor unions are diluting? Fatal flaws
1. Political party affiliation It dilutes their commitment to the cause of the labor rights.
2. Leadership and its Bureaucratic style of function Leadership is more focused on policy analysis
rather than a strong on ground action.
3. Growth of service sector esp. IT industry changed the labor landscape.
The law will also give more tools to the administration to impose secondary sanctions. This expected to
influence China and USA relations.
Recent happenings on the issue.
After the Nuclear device testing by North Korea, USA has installed its Terminal High Altitude Area
Defense (THAAD) systems in South Korea, Its strategic ally. China fears these missiles can be used to
counter its strategic interests.
February Page 40
22 Feb
05 July 2016
20:53
Reservations
Govt. blinks, Jats to get OBC status Unreasonable demands
Fragmentation of land, reduction in agricultural revenue and reduced economic differences between
reserved and unreserved categories, Globalization and increased opportunities for educated, growth of
service sector are the reasons for the growth of reservation demands across India.
February Page 41
service sector are the reasons for the growth of reservation demands across India.
Notes from 20th Feb 2016 Backgrounder
Jat reservations
Ram Singh vs Union of India, 2015 Supreme Court Judgement
March 2014 UPA Government issued a notification under which community was included in the
OBC category in the central list in 9 states.
Supreme Court of India declared it as unconstitutional and void as Jat community is not culturally,
socially, economically backward.
Caste is a prominent and distinguished for determination of backwardness and it is not the sole criteria
while deciding on the backwardness of a social group.
My Opinion On issues of populism, reservations succumbing to the mob pressure by the state,
will ultimately result in lawlessness and sets dangerous precedents.
On issues of populism, reservations succumbing to the mob pressure by the state, will ultimately result in
lawlessness and sets dangerous precedents.
China entered in to WTO in 2001 and as per the agreement from 2016, China will be considered as a
market economy and dumping margins and the normal value has to calculated in comparison to the local
market costs in china.
It mean no more countries can easily reach out to the Anti-dumping measures against China. It may
adversely affect the Indian steel, cement industries with cheaper products from china.
Unemployment down in urban centers, but persists in rural areas, says survey
NSSO findings
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05 July 2016
20:53
Raising the fiscal deficit will erode the credibility of the Government.
Additional borrowing by the Government will crowd out the capital away from private sector and it will
further increase the Debt to GDP ratio and burden of interest payments.
The way forward is to increase the public investment through the different other routes
1.
2.
3.
4.
Referendum in Britain
Brexit It is a term reflective of Britain exiting the European Union. Negotiations on the issue and
deal are concluded and it is kept for the referendum.
2. Rules to ensure that Banks and financial institutions in Britain are not at a disadvantage for not using Euro
as a currency
3. Exemption for Britain from a European treaty obligation to strive for an ever closer nation.
Business in Britain are supporting for continuation in EU as it will raise the economic opportunities. But
there is a lot of skepticism on incoming migrants coming from eastern European countries, west Asia and
North Africa.
EU need Britain to continue the idea of unification of Europe Britain do not have Euro as its
currency and not participates in the Schengen border free zones. In spite of this it do not diminish
its importance.
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05 July 2016
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It shall bring in a comprehensive real data monitoring and air quality monitoring shall extend from the
existing 23 cities.
High levels of particulate matter that arises from the construction and demolition activity, thermal power
plants, biomass, use of diesel vehicles need to be addressed.
Low cost solutions like paving or covering the surfaces with greenery, transparency in sharing the
information with citizens holds the key.
Use of solar cookers, strengthening public transport, ban on diesel vehicles, alternative energy sources
can improve the air quality in cities.
Parliament
Keeping it parliamentary Democratic temper calls for debate, not disruption, Pranab tells
Parliament
President Pranab Mukherjee in his address to the parliament said, democratic temper calls for debate
and discussion and not disruption or obstruction.
Quoting subash chandra bose Nationalism is inspired by the highest ideals of the human race
Satyam, Sivam and Sundaram.
Integration: Allowing Britain to opt out from the EUs founding ambition to forge an ever closer union
so it will not be drawn into further political integration
Benefits: Restricting access to in-work and out-of-work benefits to EU migrants. Specifically, ministers
want to stop those coming to the UK from claiming certain benefits and housing until they have been
resident for four years
Sovereignty: Giving greater powers to national parliaments to block EU legislation. The UK supports a
red card system allowing member states to scrap, as well as veto, unwanted directives.
Eurozone v the rest: Securing an explicit recognition that the euro is not the only currency of the
European Union, to ensure countries outside the Eurozone are not disadvantaged. The UK also wants
safeguards that it will not have to contribute to Eurozone bailouts
From <https://www.civilsprep.com/civilsprep-ias-current-affairs-24th-feb-2016/>
Pathankot, Pampore
Situation in Kashmir is fast changing. Jihadists are hailed as the popular heroes. The failure of the
successive elected governments to deliver the development disillusioned the youth with democratic
experiment.
The growing competing communal-ism with majoritarian politics is creating an anxiety. So, as soon as
possible democratic government shall be established and development need to be brought on the proper
track.
Phase 1 it was based on the idea of social justice. The excluded sections of the society esp.
Dalits and Adivasis are given reservations to address social exclusion rather than to economic
deprivation.
Phase 2 it is in the phase of mandal commission. In this era OBC are provided reservation. Here
backwardness interspersed both on economic and social front has become a criteria. Caste was
the basis for extending reservation to OBC
Phase 3 ruling caste model castes that have a control and sense of ownership over the state
power and land owning class started demanding for reservations.
Social forwardness, economic backwardness, decreasing social distances, reservation driven mobility of
lower castes, electoral clout can be cited as the reasons for growing demands for reservations.
Strategic sale
it is sale in the equity of the company along with transfer of management control. UPA government
confined strategic sale only to the loss making PSUs. Now, the NDA government wants to expand it to all
PSUS.
From <https://www.civilsprep.com/upsc-ias-indian-express-current-affairs-24th-feb-2016/>
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05 July 2016
20:55
threshold
2. Withdrawal of additional charges, installation
of card payment systems in the Government
offices
3. Rationalization of merchant discount rate
4. Cash handling charges above a specified level
Benefits
It curbs black money and reduces tax
avoidance.
It also reduces the high costs of printing and
maintaining of the cash and coins.
Cash free world suggestions
A carrot for the honest
The present system little incentive for the tax
payer to use its cared. Indeed it acts as a
disincentive as the merchant charges a higher
price for the use of card.
So, incentivizing the card use through income
tax benefits for the customer, development of
infrastructure for electronic payments can
decrease the cash use.
Smart disinvestment
Disinvestment achievements are always falling
short of targets. It was visible even during the
strong market conditions. Government shall
be smart about disinvestment decisions and
the proceeds can be redeployed in the
investments related to infrastructure.
Presumption of Guilt
Prove innocence, bassi told JNU students. But
that isnt law.
The basic tenet of law is no one is guilty until
proven. It mean that prosecutions shall
establish the guilt in a court of law. Proof of
guilt is on prosecution.
In state of MP vs Ramesh Singh and other,
Supreme Court underline that even silence of
an accused can not be used to hold him guilty.
Though there are certain exceptions to this
rule, they can only be used in extraordinary
circumstances.
These exceptions include
wield power.
Haryana panchayat law limits the choice of
the voter to choose a representative and
takes away the right of the uneducated to
represent the people. By doing this, it directly
attacks the value of the vote as an instrument
of social change.
February Page 56
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05 July 2016
20:57
Fiscal policy
Meeting Great expectations
Indian budgetary practices are anarchic filled with secrecy. As like in OECD best practices for budget
transparency a pre budget report serves to encourage debate on the budget aggregates. It also
creates appropriate expectations for the budget.
In relation to the present year budget scenario, global scenario is not very encouraging and on domestic
side macro economic stability, low inflation. Increasing FDI flows, low current account deficit, higher
growth rate makes the things promising. On the other side, NPAs of banking sector, stalled projects, weak
local demand are the concerns.
In this context, to revive the growth, if fiscal policy targets are changed it will lead to increased interest
rates, crowding out of the capital and loss of credibility with investors.
So, disinvestment of PSUs and shifting of the additional funds generated for infrastructure generation will
ensure the growth in long run.
Banking sector can be revived with creation of asset Reconstruction Company and transferring of bad
Loans to it and through recapitalization. Systemic defects in banking structure and governance need to be
rectified to make them professional.
On tax revenues, streamlining GST, doing away with the provisions of retrospective taxation, reduction of
February Page 57
On tax revenues, streamlining GST, doing away with the provisions of retrospective taxation, reduction of
corporate tax and elimination of exemptions can create a favorable tax environment and increased
revenues.
PPP Projects shall be reinvigorated through implementation of Kelkar task force recommendations.
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05 July 2016
20:58
Tax reforms
Only 5.5% of the people who earn are tax payers today. The lowest among the BRICS nation. Tax to GDP
ratio is around 16.6% compared to 21% in other emerging economies.
It suggested for bringing rich farmers in to tax net, raising property tax rates and phasing out tax
exemptions and not raising the exemption threshold limits.
As in many countries, there has been a growing concentration of income at the top.
Make in India
Eco survey provides for increasing the share of manufacturing sector to in Indias GDP From
The existing 15-16 % to 25% by 2022 and to create additional 100 million jobs.
Eliminating exemptions on countervailing duties on imports, monetization of land owned by public
sector, allowing industries and companies to buy electricity directly from free markets are suggested to
enable make in India a success.
India joining Trans Pacific partnership can jeopardize the Make in India initiative as it would prevent using
state owned enterprises and procurement by the govt to achieve social and economic objectives.
Fiscal deficit
Survey showed the confidence that it can adhere to the stated target of fiscal deficit of 3.9% of GDP.
Exit problem
The Survey lists the enormous fiscal, economic and political costs involved in sustaining incapacitated
ventures. Another meaningful suggestion is that India move from a pro-industry approach to one that is
genuinely pro-competition
Subsidies, DBT
Survey expressed the concern that rich enjoy subsidies to the tune of one lakh crore rupees in India.
Direct benefit transfer if need to be successful to streamline the subsidies, JAM trinity implementation to
move forward financial inclusion, motivation of bank correspondents is very critical. So, the major
problem is paying the beneficiaries,
GM crops
Survey recommended for GM crops along with improved irrigation, farm mechanization, markets and
inputs to raise productivity and ensure food security.
Labor reforms
Excessive job security and too regulated environment is working against to the workers.
Employer likes to keep the employee as a contractual labor and employee is also not willing to contribute
to EPFO. Most of them prefer to receiving cash instead of the money going to their accounts.
February Page 60
29 Feb
05 July 2016
20:59
Coral calcification
Landmark experiment improves coral calcication by 7%
Ocean acidification from increased levels of absorbed co2 and resultant carbonic acid is threatening the
coral reefs. A recent study (caldira) showed that increasing the alkalinity of is raising the aragonite
saturation rate (It is used to calculate the availability of carbonate ion to build their shells and skeleton).
Farm income
Will double farm income by 2022: Prime minister
Prime Minister Modi recommended for a renewed focus of the states on agriculture and recommended
for the farmers to integrate agriculture with timber plantation and livestock rearing to raise their
incomes.
Media accountability
Holding the newspaper to account
The Hindu sets an example for self-regulation by institutionalizing the office of readers editor.
From <https://www.civilsprep.com/upsc-ias-the-hindu-current-affairs-29th-feb-2016/>
February Page 62