30 Aug 2022: UPSC Exam Comprehensive News Analysis

CNA 30 Aug 2022:- Download PDF Here

TABLE OF CONTENTS

A. GS 1 Related
B. GS 2 Related
INTERNATIONAL RELATIONS
1. Explaining Pakistan’s flip-flop on trade with India
POLITY
1. The jurisprudence of bail
C. GS 3 Related
D. GS 4 Related
E. Editorials
INDIAN SOCIETY AND SOCIAL ISSUES
1. Curing the patriarchal mindset of the legal system
DEFENCE AND INTERNAL SECURITY
1. The new facets of terrorism
F. Prelims Facts
G. Tidbits
1. Violent crimes back to pre-pandemic levels
2. Chinese troops stop graziers in Ladakh
3. Tribe categorisation work delays benefits under SEED
H. UPSC Prelims Practice Questions
I. UPSC Mains Practice Questions

Category: POLITY

1. The jurisprudence of bail

Syllabus: Constitution of India – features and significant provisions.

Mains: Jurisprudence of bail in India and its significance

Context

This article discusses various aspects of the jurisprudence of bail in India.

Jurisprudence of bail in India

• The philosophy of justice through bail is guaranteed under Article 21 of the Indian Constitution which aims to protect life and also liberty.
  • Article 21 provides that liberty can be deprived only through the procedure established by law which further has to be “just, fair and reasonable”.
• The definition of the term bail is not mentioned in the Criminal Procedure Code (CrPC) but the term has been used many times and remains one of the most important concepts of the criminal justice system. 
• There are various provisions of bail which include:
  • Pre-arrest bail: According to Section 438 of the Code of Criminal Procedure (CrPC), an accused can approach a Sessions Court or High Court seeking an order to release him on bail in case he is arrested on a non-bailable offence.
  • Statutory bail: According to Section 167 of the CrPC, the accused is provided with a right to be released if the investigation is not completed within 60 days or 90 days, depending on the severity of the offence.
• Bail provision in India is extended to the accused based on the principle of “presumption of innocence” which is said to be the bedrock of India’s criminal jurisprudence.
• Although bail refers to the conditional release of an individual from custody during investigation and trial, it can also be sought during the appellate stage to prevent prolonged detention during the pendency of the appeal.
• However, for certain offences under the Indian Penal Code (IPC) and offences under special laws such as the Unlawful Activities Prevention Act, the Narcotic and Psychotropic Substances Act and the Prevention of Money Laundering Act, severe conditions are mentioned for granting bail.

Read more about – Provision of bail in India

Significance of the provision of bail

• The provision of bail is important for an accused to prove his innocence as it provides him with an opportunity to defend himself. 
• The provision of bail also ensures that the prolonged detention of an accused under trial is prevented before being acquitted.
• The main aim of the provision of bail in criminal cases is to: 
  • Relieve the accused from imprisonment
  • Relieve the burden on the prisons in the State
  • Keep the accused in the custody of the Court to ensure that the accused will obey the jurisdiction of the Court and be in attendance whenever his presence is required.
• According to the Supreme Court, “bail is the rule and jail is the exception”.
• The Calcutta High Court has held that “the discretionary power of the Court to admit to bail is not arbitrary, but is judicial as it is governed by established principles”.

Judicial discretion and its conditions

• According to the Supreme Court, the provision of bail is largely regulated and is based on the facts and circumstances of every different case.
• Generally, the grant of bail is subjected to a triple test which includes:
  • Ascertaining whether an accused can escape if granted bail
  • Ascertaining the possibility of the accused tampering with evidence
  • Ascertaining if the accused can influence witnesses if granted bail
• In the P. Chidambaram Case (2019), the Supreme Court added “ascertaining the gravity of the offence” as another consideration while granting bail.

Nut graf: The provision of bail plays a significant role in ensuring the right to personal liberty guaranteed under Article 21 of the Constitution and such grant or refusal of bail must be “just, fair and reasonable” in order to prevent arbitrary misuse of the provision.

C. GS 3 Related

Nothing here for today!!!

Category: DEFENCE AND INTERNAL SECURITY

1. The new facets of terrorism

Syllabus: Role of External State and Non-state Actors in creating challenges to Internal Security.

Mains: Recent high-profile terror attacks and associated concerns.

Context:

• Recently there have been terrorist attacks on high-profile individuals in the U.S. and Russia.
  • In the U.S. there was an attempt to murder Salman Rushdie, the author of ‘The Satanic Verses’.
  • In Moscow, Darya Dugina, a nationalist and daughter of a conservative ideologue of Russia, Alexander Dugin — who is a supporter of Russian President Vladimir Putin— died in a car bomb explosion.
• Also, there have been reports from Russia of an Islamic group terrorist being arrested, who was preparing to enter India to target a high-profile individual.

Security concerns associated with the recent high-profile attacks:

• The high-profile attacks on prominent personalities carry ominous signs for both global as well as India’s security interests.
• The fact that the attack on Salman Rushdie came despite constant police protection and almost 32 years after Iran’s Ayatollah Ruhollah Khomeini issued a fatwa against Salman Rushdie is indicative of the threat posed by fanaticism the world over.
• That an almost unknown terrorist, a 24-year-old “sleeper”, undertook the attack on Salman Rushdie raises concerns about sleeper cells and dormant terrorists lying amongst the general citizenry. Notably, the suspect was not on the FBI records as a terror suspect despite the elaborate system existent in the U.S. for identifying terror suspects.
  • The U.S. agencies go through large volumes of personal data of citizens and people around the world and use tools such as Artificial Intelligence (AI) to identify terrorists or their sympathisers.
• Even the best technology and tools could offer no guarantee of pre-emption and early detection of terror acts.
• The Moscow incident puts a question mark on the efficacy of highly acclaimed Russian intelligence and law enforcement agencies. This might be indicative of ineffectiveness in keeping track of multiple security threats.

Recommendations:

• There is a need for alert vigilance in physically defending critical infrastructure and high-profile personalities.
• An international collaboration between different countries is essential to root out terrorism globally.

Nut Graf: The recent high-profile terror attacks in the U.S. and Russia are indicative of the continued global threat posed by terrorism. It is essential that countries collaborate with one another to curb terrorism and make sure that their security apparatus is up to the task without complacency creeping in.

F. Prelims Facts

Nothing here for today!!!

G. Tidbits

1. Violent crimes back to pre-pandemic levels

Image source: The Hindu

• According to a 2021 report of the National Crime Records Bureau (NCRB), the number of violent crimes like rape (31,677), kidnapping (1,01,707), atrocities against children, and robberies have increased across India in 2021 after declining in 2020 due to COVID induced restrictions.
  • The number of murder cases which did not decline even in 2020 has further increased in 2021 to 29,272 cases from 29,193 in 2020.
• However, the total number of cognisable crimes registered reduced by about 7.6% to 60.9 lakh in 2021 from 66 lakh in 2020 and the crime rate (crimes per 1 lakh people) also reduced to 445.9 (2021) from 487.8 (2020).
  • This is mainly because of a sharp decline (50% drop) in the cases registered under Section 188 of the IPC – “disobedience to order duly promulgated by a public servant”.
  • A large number of such cases were registered under Section 188 in 2020 over violations of COVID-19 norms. 
• According to the report, the highest rate of violent crimes (per 1 lakh people) in 2021 was recorded in Assam (76.6 violent crimes per 1 lakh people), followed by Delhi (57) and West Bengal (48.7).
  • The lowest rate was recorded in Gujarat, Andhra Pradesh and Tamil Nadu.
  • Odisha saw the highest increase in the rate of violent crimes.

2. Chinese troops stop graziers in Ladakh

• Indian graziers (people who graze cattle or other livestock) were stopped by the People’s Liberation Army (PLA) of China within India’s territories of the Line of Actual Control (LAC) near Saddle Pass at CNN junction in Demchok (Ladakh).
• Even in 2016, PLA had objected to the construction of an irrigation canal under the MGNREGA scheme in Demchok which resulted in a standoff.
• There is an ongoing standoff between the soldiers of India and China since April 2020 along the undefined LAC in Eastern Ladakh as several rounds of diplomatic and military level talks have resulted in a stalemate.
• Disengagement has been completed in the north and south bank of Pangong Tso, but a phased disengagement is yet to take place in other areas of Eastern Ladakh, such as the Hot Springs area, Depsang and Demchok sectors.

3. Tribe categorisation work delays benefits under SEED

• The Union Social Justice Ministry has received over four hundred applications on the online portal for benefits under the Scheme for Economic Empowerment of Denotified, Nomadic, Semi-nomadic (SEED) Tribes.
  • According to the latest estimates, over 10 crore Indians from 1,400 communities belong to these groups.
  • The main objective of the scheme is to provide free coaching to students preparing for competitive exams, health insurance and financial assistance for housing and uplift clusters of these communities through livelihood programmes.
• However, none of the applications received thus far has been approved as the process of categorising these 1,400 communities under the Scheduled Caste, Scheduled Tribe and Other Backward Classes has been delaying the implementation of the scheme.
• The Anthropological Survey of India (AnSI) and Tribal Research Institutes are studying 267 uncategorised communities to categorise them under SC, ST, or OBC and several inconsistencies have been found which are impeding the processing of applications. 
  • Some communities have been listed under different lists (SC, ST, or OBC) in different states and even in different districts within a State.

H. UPSC Prelims Practice Questions

Q1. Consider the following statements with regards to the world waters: 
(Level – Medium)

1. There is no international treaty focusing on protecting ocean health.
2. The UNCLOS led to the establishment of territorial sea boundaries 22km offshore.
3. A ‘High Ambition Coalition’, consisting of over 100 nations, including India and the US came about and put the focus on ‘30×30’ goals – protecting 30% of the ocean by 2030.

Choose the correct code:

1. 1 & 2 only
2. 2 & 3 only
3. 1 & 3 only
4. All of the above

CHECK ANSWERS:-

Answer: d

Explanation:

• Statement 1 is correct, Treaties are in place to regulate the conduct of actors on the high seas but a treaty dedicated to protecting ocean health does not exist currently.
• Statement 2 is correct, The UNCLOS led to the establishment of territorial sea boundaries 22 km offshore, deciding the region up to which countries could claim full sovereign territorial rights, and the 200 nautical miles EEZ limit. 
  • It also led to the creation of the International Seabed Authority and other conflict-resolution mechanisms.
• Statement 3 is correct. The High Ambition Coalition, which at present has over 100 countries as members including India, the US, and the UK, put the focus on “30×30” goals which aim to protect 30% of the ocean by 2030. 

Q2. Consider the following statements with respect to exploration of the Universe: 
(Level – Difficult)

1. With the Artemis programme, NASA aims to land humans on the moon by 2024, and it also plans to land the first woman and first person of colour on the moon.
2. Artemis I is an uncrewed space mission where the spacecraft will launch on SLS (Space Launch System) – the most powerful rocket in the world.
3. In 1959, NASA’s uncrewed Luna 1 and 2 became the first rover to visit the Moon.

Choose the correct code:

1. 1 & 2 only
2. 2 & 3 only
3. 1 & 3 only
4. All of the above

CHECK ANSWERS:-

Answer: a

Explanation:

• Statement 1 is correct, With the Artemis’s missions, NASA plans to land humans on the moon by 2024 along with landing the first woman and the first person of colour on the Moon.
• Statement 2 is correct, Artemis I is an uncrewed space mission where the spacecraft will launch on SLS (Space Launch System) which is said to be the most powerful rocket in the world.
• Statement 3 is not correct, in 1959, the Soviet Union’s uncrewed Luna 1 and 2 became the first rover to visit the Moon.

Q3. Consider the following statements with regards to nuclear weapons: (Level – Easy)

1. The parties to the NPT (Nuclear Non-proliferation Treaty), which came into force in 1970, undertake a review of the treaty’s implementation every five years.
2. India is not a signatory to the Comprehensive Test Ban Treaty.
3. India is a signatory to the Partial Test Ban Treaty.

Choose the correct code:

1. 1 & 3 only
2. 2 only
3. 1 & 2 only
4. All of the above

CHECK ANSWERS:-

Answer: d

Explanation:

• Statement 1 is correct, The parties to the NPT, which came into force in 1970, undertake a review of the treaty’s implementation every five years. 
  • The Tenth Review Conference, scheduled for 2020 which was delayed because of the Covid-19 pandemic, took place recently.
• Statement 2 is correct, India is not a signatory to the Comprehensive Test Ban Treaty (CTBT).
  • CTBT bans all nuclear test explosions anywhere in the world.
• Statement 3 is correct, India is a member of the Partial Test Ban Treaty (PTBT).
  • PTBT requires all party members to prohibit, prevent, and abstain from carrying out nuclear weapons tests or any other nuclear explosions in the atmosphere, in outer space, underwater, or in any other environment.

Q4. Consider the following statements with regards to the Scheme for Economic Empowerment 
of DNTs (SEED) for the welfare of Denotified, Nomadic and Semi Nomadic Communities: 
(Level – Medium)

1. The term ‘De-notified Tribes’ stands for all those communities which were once notified under the Criminal Tribes Acts, enforced by the British Raj between 1871 and 1947.
2. Major components of the SEED scheme include free coaching to students from these communities for Civil Services, and entry to professional courses like medicine, engineering, MBA, etc.
3. The Ministry of Social Justice & Empowerment decided in February 2014 to constitute a National Commission for Denotified, Nomadic and Semi Nomadic Tribes for three years.

Choose the correct code:

1. 1 & 2 only
2. 2 & 3 only
3. 1 & 3 only
4. All of the above

CHECK ANSWERS:-

Answer: d

Explanation:

• Statement 1 is correct, The term ‘De-notified Tribes’ stands for all those communities which were once notified under the Criminal Tribes Acts, enforced by the British Raj between 1871 and 1947.
• Statement 2 is correct, The four components of the SEED scheme are:
  • Educational empowerment – Free coaching to students from these communities for Civil Services, entry to professional courses like medicine, engineering, MBA, etc.
  • Health Insurance through PMJAY of the National Health Authority.
  • Livelihood support and income generation, 
  • Housing through various schemes 
• Statement 3 is correct, The Ministry of Social Justice & Empowerment decided in February 2014 to constitute a National Commission for Denotified, Nomadic and Semi Nomadic Tribes for three years.

Q5. Recently “oilzapper” was in the news. What is it? (Level – Easy) PYQ (2011)

1. It is an eco friendly technology for the remediation of oily sludge and oil spills
2. It is the latest technology developed for under-sea oil exploration
3. It is a genetically engineered high biofuel-yielding maize variety
4. It is the latest technology to control the accidentally caused flames from oil well

CHECK ANSWERS:-

Answer: a

Explanation:

• Oilzapper technology is used to get rid of oil from a surface. 
• Oil Zapping is a bio-remediation technique involving the use of ‘oil zapping’ bacteria.
• Oilzapper feeds on hydrocarbon compounds present in crude oil and the hazardous hydrocarbon waste generated by oil refineries. It converts oil sludges into harmless CO2 and water.

I. UPSC Mains Practice Questions

1. Trade relations between India and Pakistan have been derailed by tensions in the relationship. Examine. (250 words; 15 marks) (GS II – International Relations)
2. “Bail is the rule and jail is the exception”. Comment. (250 words; 15 marks) (GS II – Polity)

Read the previous CNA here.

CNA 30 Aug 2022:- Download PDF Here