08 Apr 2021: UPSC Exam Comprehensive News Analysis

CNA 8th April 2021:- Download PDF Here

TABLE OF CONTENTS

A. GS 1 Related
B. GS 2 Related
INTERNATIONAL RELATIONS
1. Russia to supply military gear to Pakistan
2. U.S. military cites rising risk of Beijing’s move against Taiwan
C. GS 3 Related
ECONOMY
1. Incentives for solar energy sector
2. RBI extends fresh support of ₹50,000 cr. to NABARD, others
D. GS 4 Related
E. Editorials
ENVIRONMENT AND ECOLOGY
1. Deconstructing declarations of carbon-neutrality
POLITY AND GOVERNANCE
1. For Lok Adalats, speed overrides quality
SOCIAL ISSUES
1. Abortion is a woman’s right to decide
F. Prelims Facts
1. PM to launch vessel for the Seychelles
2. IMPRINT India programme
G. Tidbits
1. Govt. mulling ways to boost yield from poppy
2. A way forward for trans persons
H. UPSC Prelims Practice Questions
I. UPSC Mains Practice Questions

2. U.S. military cites rising risk of Beijing’s move against Taiwan

Context:

The American military is warning that China is probably accelerating its timetable for capturing control of Taiwan.

Details:

  • Taiwan has been the chief source of tension between Washington and Beijing for decades.
    • It is widely seen as the most likely trigger for a potentially catastrophic U.S.-China war.
  • The worry about Taiwan comes as China wields new strength from years of military buildup. Beijing also has become more confrontational with Washington.
  • A military move against Taiwan would be a test of U.S. support for the island.
  • For the Biden administration, it could present the choice of abandoning a friendly, democratic entity or risking what could become an all-out war.
  • While the U.S. has pledged to help Taiwan defend itself, it has also been unclear as to how far it can go in response to a Chinese attack.
  • The US has been pushing Taiwan to modernise its military so that it becomes hard for China to attack.

Taiwan’s Concerns:

  • Taiwan has witnessed mounting Chinese military pressure, including aircraft carrier drills, near the island.
  • The Chinese military in the last couple of years has been conducting what the Taiwan Foreign Minister called “real combat-type” exercises closer to the island.
  • It has complained of repeated military activities by Beijing in recent months, with China’s Air Force making almost daily forays in Taiwan’s air defence identification zone.

2. RBI extends fresh support of ₹50,000 cr. to NABARD, others

Context:

The RBI has said it would extend fresh support of ₹50,000 crore to the All India Financial Institutions for new lending in FY22.

Details:

  • NABARD will be provided with a special liquidity facility (SLF) of ₹25,000 crore for one year to support agriculture and allied activities, the rural non-farm sector and non-banking financial companies-micro finance institutions.
  • An SLF of ₹10,000 crore will be extended to the National Housing Bank for one year to support the housing sector.
  • SIDBI will be provided ₹15,000 crore under this facility for up to one year for funding of micro, small and medium enterprises (MSMEs).
  • All three facilities will be available at the prevailing policy repo rate.
  • The move is aimed to help mitigate the impact of the pandemic and aid economic revival.

Note:

Asset Reconstruction Companies:

  • The RBI said that, while ARCs had grown in number and size, their potential for resolving stressed assets was yet to be realised fully.
  • It signalled the importance of Asset Reconstruction Companies (ARCs) to deal with bad loans.
  • RBI said that it would constitute a committee to undertake a comprehensive review of the working of ARCs in the financial sector ecosystem and recommend suitable measures for enabling such entities to meet the growing requirements of the financial sector.

Priority Sector Lending Classification for Lending to NBFCs:

  • A six-month extension has been approved to September 30 for Priority Sector Lending (PSL) classification for lending by banks to NBFCs for ‘on-lending’ to sectors that contribute significantly to the economy in terms of export and employment.
  • This would provide an impetus to NBFCs providing credit at the bottom of the pyramid.

Category: POLITY AND GOVERNANCE

1. For Lok Adalats, speed overrides quality

Context:

  • The first National Lok Adalat (NLA) of 2021 will be held on April 10.

Background:

Evolution of Lok Adalats:

  • Lok Adalats had existed even before they received explicit statutory recognition. In 1949, Harivallabh Parikh, a disciple of Mahatma Gandhi, popularised Lok Adalats in Rangpur, Gujarat.
  • The Constitution (42nd Amendment) Act, 1976, inserted Article 39A to ensure “equal justice and free legal aid”.
  • The Legal Services Authorities Act, 1987, was enacted by Parliament and it came into force in 1995 “to provide free and competent legal services to weaker sections of the society” and to “organise Lok Adalats to secure that the operation of the legal system promotes justice on a basis of equal opportunity”.

Functioning:

  • The Lok Adalats function as an alternative dispute resolution tool.
  • Motor-accident claims, disputes related to public-utility services, cases related to the dishonour of cheques, and land, labour and matrimonial disputes (except divorce) are usually taken up by Lok Adalats.
  • They are regularly organised to help parties reach a compromise.

For more information on Lok Adalats refer to:

Lok Adalats

Significance:

Easing the case burden of judiciary:

  • The Indian judicial system is plagued by endemic delays and excessive backlogs. Justice delayed is justice denied.
    • As per the National Judicial Data Grid, 16.9% of all cases in district and taluka courts are three to five years old; for High Courts, 20.4% of all cases are five to 10 years old, and over 17% are 10-20 years old.
    • Over 66,000 cases are pending before the Supreme Court, over 57 lakh cases before various HCs, and over 3 crore cases are pending before various district and subordinate courts.
  • Data from the National Legal Services Authority (NALSA) show that Lok Adalats organised across the country from 2016 to 2020 disposed of 52,46,415 cases. Similarly, National Lok Adalats (NLAs) organised under the aegis of NALSA settle a huge number of cases across the country in a single day. From 2016 to 2020, NLAs have disposed of a total of 2,93,19,675 cases.
  • Hence Lok Adalats, as a forum, have been able to address the problems of high backlog cases in the judiciary.

Ease of dispute settlement:

Speed of settlement:

  • When compared to litigation, and even other dispute resolution devices, such as arbitration and mediation, Lok Adalats offer parties speed of settlement, as cases are disposed of in a single day.

Part driven process:

  • Lok Adalats involves mainly a party-driven process, allowing the parties involved to reach an amicable settlement.

Procedural flexibility:

  • Under the Lok Adalat system, there is no strict application of procedural laws such as the Code of Civil Procedure, 1908, and the Indian Evidence Act, 1872, etc.

Economic affordability:

  • There are no court fees for placing matters before the Lok Adalats.

Finality of awards:

  • The order by the Lok Adalats are final and binding and no further appeal is allowed against such orders. This prevents delays in the settlement of disputes.
    • The award issued by a Lok Adalat, after the filing of a joint compromise petition, has the status of a civil court decree.

Increased access to justice:

  • Access to justice for the poor is a constitutional mandate to ensure fair treatment under our legal system.
  • Lok Adalats have been successful in making justice accessible and affordable to all.

Concerns:

  • The discontinuance of the subject matter-specific NLAs from 2017 has led to a significant drop in the number of cases settled.
  • The e-Lok Adalats organized to overcome the challenges posed by the COVID-19 pandemic have been less efficient than the physical National Lok Adalats organised in 2017, 2018, and 2019.
  • There is a growing concern with Lok Adalats that in the endeavour for speedy disposal of cases, Lok Adalats undermines the idea of justice. The system seems to be trading justice off for high settlement numbers and speed, ignoring the old dictum that justice hurried is justice buried.
    • In a majority of cases, litigants are pitted against entities with deep pockets, such as insurance companies, banks, electricity boards, among others. In many cases, compromises are imposed on the poor who often have no choice but to accept them.
    • Similarly, poor women under the so-called ‘harmony ideology’ of the state are virtually dictated by family courts to compromise matrimonial disputes.
  • The Lok Adalat system instead of empowering the poor may be coercing them to accept unjust compromises.
  • The Lok Adalat system seems to have given rise to a dual system of justice dispensation, where the formal legal system, i.e., the court, is meant only for the rich and powerful and the poor given the ease of procedure often resort to dispute resolution under the Lok Adalat system. This view has been expressed by even former Chief Justice of India Ranjan Gogoi.

Conclusion:

  • The system must look beyond the swift disposal of cases and focus on just and fair outcomes. A just outcome of a legal process is far more important than expeditious disposal. Besides efficiency and speed, Lok Adalats should also focus on the quality of justice delivered.
  • The Judiciary must take concrete and innovative steps in improving the quality of justice rendered by National Lok Adalats.

Category: SOCIAL ISSUES

1. Abortion is a woman’s right to decide

Context:

  • Medical Termination of Pregnancy (Amendment) Act 2021.

Background:

Medical Termination of Pregnancy Act, 1971:

  • The Medical Termination of Pregnancy Act, 1971 (MTP) was a progressive act at that time considering that concerning provisions in the Indian Penal Code were traditional in their outlook. Abortions were a crime and the woman concerned and her doctor would invariably land up in jail.
  • The Medical Termination of Pregnancy Act, 1971 (MTP) allows for legal abortions in India with some restrictions.
  • Section 3 of the Medical Termination of Pregnancy Act, 1971 put an outer limit of 20 weeks on the length of the pregnancy and required two doctors to certify that the continuation of the pregnancy would involve a risk to the life of the woman or grave injury to her physical or mental health or that there was a substantial risk that the child born would suffer from such physical or mental abnormalities as to be seriously handicapped.
    • Rape cases, pregnancies occurring as a result of the failure of contraception have also been considered as valid reasons for abortion over the years.
  • Section 5 created an exception to the 20-week limit whenever such an abortion was immediately necessary to save the life of the pregnant woman.

For information on this issue refer to:

Medical Termination of Pregnancy (Amendment) Act 2021

Concerns:

  • The Medical Termination of Pregnancy (Amendment) Act 2021 even though extends the time period within which an abortion can be carried out, fails miserably on the following counts.

Undermining women’s rights:

  • The amendment to the abortion laws is based on the traditional notion that the state can and must intervene and decide for women as to when and in what circumstances abortions may be carried out undermining a woman’s absolute right over her reproductive choices.
  • This also undermines a woman’s right over her own body.

Unsafe abortions:

  • The regulation of abortions in India seems to have pushed women seeking abortions underground where terminations are carried out in unhygienic settings. Even today about 800,000 illegal and unsafe abortions are performed every year in India, many of them resulting in morbidities and death.

Limit not based on scientific advancement:

  • 24 weeks is not a rational limit given today’s technology.
  • The phenomenal improvement in technology and processes render it possible to carry out abortions safely right up to full term. Thus the excuse of “safety of the woman” is no longer tenable to be used for restricting women’s rights.

State regulation:

  • Even though the limit has been pushed back from 20 to 24 weeks, this comes with the same state conditionalities as before.
  • Indigent women in difficult circumstances trying to have abortions have been stonewalled by government officials and prosecutors.

Medical boards as obstacles:

  • Section 3(2B) of the Act requires the pregnant woman to approach a medical board in cases of substantial foetal abnormalities and where she has crossed the 24-week limit.
  • These boards impose insurmountable obstacles to the woman seeking late abortions.
    • The proposed provision of a board of a minimum of three doctors seems unnecessary and marks a breach of privacy of the concerned woman.
    • The Act provides in Section 3(2C) for a single board for a State. Given the millions of abortions taking place in India past the deadline, it is impossible for one board to handle all cases.
    • No State has the finances or the human resources to maintain the operation and functioning of these boards.

Conclusion:

  • Keeping in line with the trend worldwide, pregnant women seeking an abortion should be left alone to consult their gynaecologist in late-term pregnancies and carry out their abortion under the certificate of their own gynaecologist that the abortion can be performed safely.
  • This would mark a significant step forward towards women’s emancipation.

F. Prelims Facts

1. PM to launch vessel for the Seychelles

What’s in News?

Prime Minister of India handed over a fast patrol vessel to the Seychelles Coast Guard.

  • The handing over is a part of a high-level virtual interaction between the Indian leader and the President of Seychelles.
  • The African archipelago nation has been a steady part of India’s policy for the Indian Ocean region.
    • India gifted similar vessels to Seychelles in 2005, 2014 and 2016.
  • The fast patrol vessel PS Zoroaster will help Seychelles in carrying out anti-piracy operations.
  • The vessel was built by the Kolkata-based Garden Reach Shipbuilders and Engineering Limited.
  • India also gifted 50,000 doses of the Covishield vaccine to Seychelles.

2. IMPRINT India programme

  • IMPacting Research, INnovation and Technology (IMPRINT) is a national initiative of the Ministry of Education designed to address all major engineering challenges relevant to India through an inclusive and sustainable mode of translational research.
  • IMPRINT India Programme is a joint initiative of the Indian Institutes of Technology (IITs) and the Indian Institute of Science (IISc).
  • It seeks to develop a road map for research to solve major engineering and technology challenges in 10 technology domains relevant to the country.
  • These domains include health care, information and communication technology, energy, sustainable habitat, nano‐technology hardware, water resources and river systems, advanced materials, manufacturing, security and defence, and environment and climate.

G. Tidbits

1. Govt. mulling ways to boost yield from poppy

What’s in News?

The Union government has decided to rope in the private sector to commence production of concentrated poppy straw from India’s opium crop.

  • Among the few countries permitted to cultivate the opium poppy crop for export and extraction of alkaloids, India currently only extracts alkaloids from opium gum at facilities controlled by the Revenue Department in the Finance Ministry.
  • This entails farmers extracting gum by manually lancing the opium pods and selling the gum to government factories.
  • The Ministry has decided to switch to new technologies, after trial cultivation reports by two private firms showed higher extraction of alkaloids using the concentrated poppy straw (CPS).
  • The move is planned to boost the yield of alkaloids used for medical purposes and exported to several countries.
  • It is likely to require amendments to the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

Note:

Uttar Pradesh, Rajasthan and Madhya Pradesh are the three traditional opium-growing States, where poppy cultivation is allowed based on licences issued annually by the Central Bureau of Narcotics.

2. A way forward for trans persons

  • 13 members of the transgender community have been selected recently as constables under the Chhattisgarh police. This marks a significant step forward in the recognition of the rights of the transgender community.
    • Earlier, a few transgenders were inducted into the Tamil Nadu police too.
  • The selection despite the lack of reservation for the transgender community highlights the physical and mental competence of the candidates and will help shed the stigma of identity, disability, criminality, or untouchability.
  • This will certainly help in changing the perception of people towards the community by aiding society in erasing its biases and accept transgender people as equal human beings.

NALSA vs. Union of India (2014) case:

  • The Supreme Court in the NALSA vs. Union of India (2014) case ruled that transgender persons have the right to decide their self-identified gender. The binary notion of gender, which denied equal protection of law to transgenders, was rejected by the top court.

Transgender Persons (Protection of Rights) Act, 2019:

  • The Transgender Persons (Protection of Rights) Act, 2019, recognises that transgender persons have a legal right to self-perceived gender identity in accordance with the principle of the “Psychological Test” instead of the “Biological Test”. It paved the way for issuing a certificate of transgender identity.
  • According to law, transgender persons cannot be discriminated against in any matter relating to employment by any establishment.
  • The act is in spirit with international conventions, particularly the Universal Declaration of Human Rights, 1948, the International Covenant on Civil and Political Rights, 1966, and the Yogyakarta Principles, 2006.

H. UPSC Prelims Practice Questions

Q1. Consider the following statements: 
  1. National Legal Services Authority, alongside other Legal Services Institutions, conducts Lok Adalats.
  2. Lok Adalats have statutory status.
  3. The decision made by the Lok Adalats is ultimate and binding on all parties.

Which of the given statement/s is/are INCORRECT?

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

Answer: d

Explanation:

  • National Legal Services Authority, alongside other Legal Services Institutions, conducts Lok Adalats.
  • Under the Legal Services Authorities Act, 1987 Lok Adalats have been given statutory status.
  • The decision made by the Lok Adalats is considered to be a verdict of a civil court and is ultimate and binding on all parties.
  • The award issued by a Lok Adalat, after the filing of a joint compromise petition, has the status of a civil court decree.
Q2. GI Tagged Bhavani Jamakkalam is a GI Tagged product of which state?
  1. Tamil Nadu
  2. Karnataka
  3. Andhra Pradesh
  4. Kerala
CHECK ANSWERS:-

Answer: a

Explanation:

  • Located in the heart of western Tamil Nadu, Bhavani is famous for the art of making handloom Jamakkalams.
  • Bhavani Jamakkalam refers to blankets and carpets manufactured in Bhavani in Erode district, Tamil Nadu.
  • It has been recognized as a Geographical Indication by the Government of India in 2005-06.
Q3. Consider the following statements with respect to IMPRINT India Initiative:
  1. It is an initiative of the Ministry of Electronics and Information Technology.
  2. It is designed to address all major engineering challenges relevant to India through an inclusive and sustainable mode of translational research.
  3. The programme is a joint initiative of the Indian Institutes of Technology (IITs) and the Indian Institute of Science (IISc).

Which of the given statement/s is/are correct?

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

Answer: b

Explanation:

  • IMPacting Research, INnovation and Technology (IMPRINT) initiative is a national initiative of the Ministry of Education designed to address all major engineering challenges relevant to India through an inclusive and sustainable mode of translational research.
  • IMPRINT India Programme is a joint initiative of the Indian Institutes of Technology (IITs) and the Indian Institute of Science (IISc).
  • It seeks to develop a road map for research to solve major engineering and technology challenges in 10 technology domains relevant for country.
  • These domains include health care, information and communication technology, energy, sustainable habitat, nano‐technology hardware, water resources and river systems, advanced materials, manufacturing, security and defence, and environment and climate.
Q4. Fast patrol vessel PS Zoroaster was gifted by India to which country?
  1. Seychelles
  2. Sri Lanka
  3. Maldives
  4. Mauritius
CHECK ANSWERS:-

Answer: a

Explanation:

  • The Fast Patrol Vessel named PS Zoroaster is the fourth ship to be gifted by India to Seychelles.
  • The other vessels gifted by India include PS Topaz (2005), PS Constant (2014), Patrol Boat Hermes (2016).

I. UPSC Mains Practice Questions

  1. The hard scientific reality is that the three-way compatibility between temperature goals, carbon neutrality, and equity would be very hard to achieve. Discuss in the light of the growing international chorus for global adoption of carbon neutrality. Also suggest what should be India’s plan in this regard with suitable arguments. (15 marks, 250 words) [GS-3, Environment and Ecology]
  2. The Lok Adalats, though have played a significant role in easing the case burden on the Indian judiciary and easing dispute settlement for the litigants, continue to face some challenges. Elucidate. (15 marks, 250 words) [GS-2, Polity and Governance]

Read the previous CNA here.

CNA 8th April 2021:- Download PDF Here

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