05 Apr 2024: UPSC Exam Comprehensive News Analysis

05 April 2024 CNA
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TABLE OF CONTENTS

A. GS 1 Related
SOCIAL ISSUES
1. Government to record parents’ religion to register births
B. GS 2 Related
C. GS 3 Related
D. GS 4 Related
E. Editorials
SOCIAL JUSTICE
1. Universities must budge on college autonomy nudge
POLITY
1. Revisit these sections of the Bharatiya Nyaya Sanhita
F. Prelims Facts
1. No sanctions against India for purchasing, refining Russian oil: 
U.S. officials
2. Philippines to hold joint naval drills with U.S., Japan, Australia
3. Next generation of medics to lead fightback against AMR
G. Tidbits
H. UPSC Prelims Practice Questions
I. UPSC Mains Practice Questions
FIP Magazine

Category: POLITY

1. Revisit these sections of the Bharatiya Nyaya Sanhita

Syllabus: GS-2, Significant Provisions of the Indian Constitution

Mains: Bharatiya Nyaya Sanhita and concerns associated with some of its sections

Context: The recently passed three criminal laws are scheduled to be enacted by the central government on July 1, 2024.

Section 106(2) and Constitutional Concerns:

  • Implementation Delay: The enforcement of Section 106(2) of the BNS (Bharatiya Nyaya Sanhita) which mandates up to 10 years of imprisonment for fleeing after a fatal accident without reporting to authorities, has been postponed. The decision awaits consultations with the All India Motor Transport Congress due to concerns about its severity.
  • Disproportionate Penalty: Criticism arises from the disproportionate nature of the punishment. This clause lacks equivalence with other legal provisions and raises questions about its necessity, especially considering it doesn’t address the immediate need for medical aid in accident scenarios.
  • Conflict with Constitutional Rights: Article 20(3) of the Indian Constitution guarantees the right against self-incrimination. However, Section 106(2) may infringe upon this right by compelling individuals to report to authorities under the threat of harsher punishment, undermining constitutional principles.

Introduction of “Petty Organised Crime” under Section 112:

  • Definition and Ambiguity: Section 112 introduces the offence of “petty organized crime,” encompassing various criminal activities committed by groups or gangs. However, the ambiguity arises from undefined terms like “any other similar criminal acts,” leading to uncertainty about the scope and severity of this provision.
  • Sentencing Discrepancy: The sentencing framework within Section 112 lacks clarity, particularly concerning the maximum punishment for offences falling under the category of “petty organised crime.” Discrepancies between potential sentences and the label of “petty” raise concerns about legal coherence and fairness.

Revisions Needed in Theft Offenses under Section 303(2):

  • The Threshold for Cognizance: Section 303(2) includes a proviso regarding theft offences where the value of stolen property is less than ₹5,000. It classifies such cases as non-cognizable offences, potentially impacting access to justice, especially for economically vulnerable individuals.
  • Legal and Practical Implications: While the intent may be to streamline police workload, this provision could create legal and practical complications. The threshold amount may disproportionately affect marginalized individuals, hindering their ability to seek redress. Additionally, non-registration of property offences could impede law enforcement efforts and create challenges in property restitution.

Lack of Judicial Discretion in Sentencing:

  • Constitutional Concerns: Certain provisions within the BNS, such as Sub-sections (6) and (7) of Section 143, impose mandatory life imprisonment without providing judicial discretion. This lack of flexibility in sentencing raises constitutional concerns, reminiscent of past legal challenges that led to the striking down of similar provisions in other legislations.
  • Need for Review: The absence of judicial discretion limits the fairness and reasonableness of sentencing, potentially infringing upon constitutional guarantees. Thus, a comprehensive review of such provisions is necessary to ensure legal integrity and alignment with constitutional principles.

Nut Graf: The impending enactment of three criminal laws on July 1, 2024, prompts scrutiny over concerns regarding disproportionate penalties, constitutional conflicts, and ambiguity in sentencing, necessitating revisions for legal coherence.

F. Prelims Facts

1. No sanctions against India for purchasing, refining Russian oil: U.S. officials

Context: Amidst the ongoing conflict in Ukraine, India’s continued purchase and refining of Russian oil have raised questions about potential repercussions, particularly from the United States. However, recent statements from U.S. officials visiting Delhi suggest that there will be no sanctions imposed on India for its trade activities. This development highlights the complex dynamics of international trade and geopolitical relationships in the context of global conflicts.

Trade Dynamics Amidst Conflict:

  • Since the onset of the conflict in Ukraine, both India and China have emerged as significant purchasers of Russian oil, challenging Western efforts to isolate Moscow economically.
  • The U.S. and other G-7 countries have implemented measures such as a “price cap” on Ural oil to limit revenues to the Russian government.

U.S. Position on Indian Oil Purchases:

  • U.S. Treasury Department officials visiting Delhi clarified that the aim of sanctions and the oil price cap was not to restrict the purchase of Russian oil by countries like India, but rather to limit revenues to the Kremlin.
  • Indian oil purchases are guided solely by the country’s energy security needs and commercial interests, according to the External Affairs Ministry.

Impact of U.S. Measures:

  • The U.S. sanctions and price cap measures have impacted Russian oil exports, forcing exporters to offer heavy discounts to buyers to comply with price cap regulations.
  • While U.S. officials claim success in stabilizing export volumes and offering discounts on Russian oil, reports suggest challenges for Indian buyers, including payment issues and complications with shipping companies under sanctions.

Significance of Indian-Russian Relations:

  • India’s continued engagement with Russia reflects its pursuit of an independent foreign policy and its prioritization of energy security and economic interests.
  • President Putin’s acknowledgement of India’s stance and significant investments in Indian infrastructure highlights the depth of bilateral relations between the two countries.

Challenges and Responses:

  • Indian buyers may face logistical and financial challenges due to sanctions on Russian entities involved in oil trade, necessitating careful navigation of international trade regulations.
  • India’s emphasis on energy security and diversified oil procurement strategies underscores the need for resilient and flexible policies to navigate global geopolitical dynamics.

2. Philippines to hold joint naval drills with U.S., Japan, Australia

Context: The Philippines is set to conduct joint naval drills with the United States, Japan, and Australia, aiming to strengthen military ties and counter China’s growing influence in the Asia-Pacific region. These exercises come amidst escalating tensions in the disputed South China Sea, where China’s territorial claims clash with those of neighbouring countries.

Joint Naval Drills:

  • Scheduled for April 7 in the South China Sea, the joint naval drills involve the Philippines, the United States, Japan, and Australia.
  • Aimed at enhancing military cooperation and capabilities among the participating nations to address regional security challenges, particularly China’s assertiveness.

Regional Context:

  • The South China Sea is a hotspot of territorial disputes, with China claiming nearly the entire area, conflicting with claims by the Philippines, Japan, and others.
  • Recent years have witnessed increased tensions as China asserts its dominance in the region, raising concerns among neighbouring countries.

Military Alliances and Partnerships:

  • The joint drills reflect efforts by the United States to bolster alliances in the Asia-Pacific region, including with treaty allies like Japan and the Philippines.
  • Australia’s participation underscores the broader international support for upholding freedom of navigation and respecting international law in the South China Sea.

Significance:

  • The joint naval exercises signal a united front among like-minded nations in response to China’s assertive behaviour, promoting regional stability and security.
  • Enhanced military cooperation strengthens the deterrence against potential aggression and promotes a rules-based order in maritime disputes.

Challenges:

  • China’s growing military presence and assertiveness pose challenges to regional security and stability.
  • Balancing diplomatic relations with China while reinforcing military ties with other nations requires careful navigation for the Philippines and its allies.

3. Next generation of medics to lead fightback against AMR

Context: The discovery of antibiotics in the 1920s revolutionized medicine, providing a potent tool against bacterial infections. However, overuse and misuse of antibiotics have led to the emergence of antimicrobial resistance (AMR), rendering these drugs less effective. The fight against AMR requires a multifaceted approach, including education, awareness, and stewardship.

Global AMR Crisis:

  • Overprescription and overuse of antibiotics in human and animal sectors have accelerated the development of antimicrobial resistance.
  • Lack of effective surveillance, inadequate infection prevention control, and insufficient resources exacerbate the AMR burden.

Initiative Overview:

  • The AMR Declaration Trust and Rotaract Medicrew have collaborated to address AMR by integrating stewardship into medical education and practice.
  • The project, titled ‘Prescriber Today, Steward Tomorrow’, aims to empower future medical professionals with knowledge and tools to combat AMR.

Challenges:

  • The high prevalence of infectious diseases and easy access to antibiotics without prescriptions contribute to AMR.
  • Insufficient standardised surveillance platforms and limited laboratory resources hinder the tracking and monitoring of drug-resistant patterns.

Significance:

  • Early education in medical training is crucial in shaping a future where antimicrobial stewardship is ingrained in healthcare practice.
  • Empowering medical students with comprehensive training on AMR fosters an understanding of rational antibiotic use.

G. Tidbits

Nothing here for today!!!

H. UPSC Prelims Practice Questions

Q1. Consider the following statements: 
  1. The Agni-P is an upgraded version of the Agni class that was developed as part of the IGMDP (Integrated Guided Missile Development Programme).
  2. It is a two-stage, surface-to-air, and solid-fueled medium-range ballistic missile.

Which of the above statement(s) is/are true?

  1. 1 only
  2. 2 only
  3. 1 & 2
  4. None of the above
CHECK ANSWERS:-

Answer: a

Q2. Where is ILMT - the first liquid mirror telescope in the world situated?
  1. Ladakh
  2. Udaipur
  3. Guwahati
  4. Nainital
CHECK ANSWERS:-

Answer: d

Q3. Consider the following statements: 
  1. Owing to its antibacterial and antifungal properties, ethanol (also known as ethyl alcohol) is used in many hand sanitisers and medical wipes.
  2. When used in fuel, ethanol is believed to reduce carbon monoxide and nitrogen oxide emissions.

Which of the above statement(s) is/are true?

  1. 1 only
  2. 2 only
  3. 1 & 2
  4. None of the above
CHECK ANSWERS:-

Answer: c

Q4. Consider the following statements:
  1. In CAR T-cell Therapy, the T cells of patients are removed and modified in a laboratory to produce CAR T-cells.
  2. The response rate of CAR T-cell Therapy is 90% in the case of leukaemias and lymphomas. But in the case of other types of cancer, the response rate is lower.

Which of the above statements is/are correct?

  1. 1 only
  2. 2 only
  3. 1 & 2
  4. None of the above
CHECK ANSWERS:-

Answer: c

Q5. In India, ‘extended producer responsibility’ was introduced as an 
important feature in which of the following? [UPSC 2021]
  1. The Bio-medical Waste (Management and Handling) Rules, 1998
  2. The Recycled Plastic (Manufactured and Usage) Rules, 1999
  3. The E-Waste (Management and Handling) Rules, 2011
  4. The Food Safety and Standard Regulations, 2011
CHECK ANSWERS:-

Answer: c

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