B. GS 2 Related
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Category: SOCIAL JUSTICE
1. For disabled citizens to have the police they deserve
Topic: Issues relating to development and management of Social Sector/Services relating to Health, Education, Human Resources.
Mains: Issues faced by persons with disabilities in meaningful access to the police.
Context:
This article discusses the issues faced by persons with disabilities in meaningful access to infrastructure such as police stations, prisons, etc.
Background:
- The Supreme Court remarked in Patan Jamal Wali vs. State of Andhra Pradesh that women with disabilities are frequently considered as “soft targets” and “easy victims” for sexual violence.
- Against this backdrop, the Ministry of Home Affairs (MHA) has announced Draft Accessibility Standards/Guidelines for facilities created under its control (police stations, prisons, and disaster response centres).
- When the standards indicate that access is a “social responsibility” of society toward “differently-abled,” they contradict rights-based understandings of disability.
- This understanding is inaccurate since access is a legal right that is granted to disabled people as empowered citizens.
Arguments in favour of the Standards:
- The Standards provide accessibility standards for services related to police stations and prisons.
- The Standards guarantee that people with disabilities who are suspected of committing crimes receive proper treatment, including having disabled-friendly access to police stations and disabled-friendly restrooms.
- The Standards give guidance on how to include people with disabilities in disaster mitigation, readiness, response, and recovery operations.
- The federal government has effectively eliminated the prospect of handicapped people joining the police service by issuing these guidelines.
- The Standards include methods for constructing new police stations as well as upgrading existing police stations and prisons to make them more contemporary, gender-sensitive, and accessible.
- They also emphasize disability-inclusive training for disaster relief personnel, data collection, and the use of information and communication technologies (ICT).
- Following the universal design concept, these guidelines impose accessible infrastructure models for schools, hospitals, and shelters.
Arguments against the Standards:
- When the Standards claim that accessibility is society’s “social responsibility” to the “differently-abled,” they contradict a rights-based concept of disability.
- According to the Standards, police officers on civil duty may be people with impairments. This contradicts the Department of Empowerment for Persons with Disabilities’ 2021 Office Memorandum.
- Several reasonable accommodations for the disabled are described as only recommended in the Standards. These include having trained police officers at each police station to help people with impairments.
- The Standards do not require directional signage to be accessible to the visually impaired, such as by auditory methods.
Way Forward:
When the Standards become law, they will be a tremendous step forward in making our law enforcement system more accessible to the disabled. Strengthening the Standards further by adding proposals from well-thought-out public comments would get us closer to our goal of guaranteeing that India’s handicapped residents receive the police protection they deserve.
F. Prelims Facts
1. Kovind inaugurates Kalibari temple in Dhaka
Context: –
President Ram Nath Kovind inaugurated a famous Hindu temple, namely, the Ramna Kalibari in Dhaka that had been destroyed by Pakistani forces in 1971.
Ramna Kalibari Temple:
- Ramna: The Ramna (‘lawn’ in Persian) region may be dated back to the early 1600s when it was held by Mughal authorities. A Mughal garden, vast green spaces, and garden buildings were all present.
- Main Deity: The temple is devoted to the Goddess Kali and is said to have been constructed during the Mughal era.
- 2nd oldest temple in Dhaka: It is the second oldest Hindu temple in Bangladesh, the Dhakeshwari Temple being the oldest.
- Relation with 1971 War: The temple was demolished by Pakistani soldiers during Operation Searchlight in March 1971, which was a horrific crackdown that resulted in genocide and the Bangladesh War of Liberation.
- Saint Anandamayee: In 1929, the temple complex added a new structure for devotees of the great saint Anandamayee. Later, she was appointed as Prime Minister Indira Gandhi’s spiritual counsellor. Anandamayee was affectionately known as “Shahbag-er ma,” or “Mother of Shahbag.”
2. CCI freezes Amazon-Future deal, slaps ₹200 crore fine on U.S. firm
Context:
- The Competition Commission of India (CCI) has suspended its approval of Amazon’s investment in a Future Group company, which was granted in November 2019.
- The CCI judgment was made because the US e-commerce company withheld the scope and complete information of its investment while seeking regulatory permission.
Read more on the Competition Commission of India (CCI) in the link.
3. Russia drafts pact to limit U.S., NATO role in ex-Soviet nations
Context:
Russia unveiled proposals to contain the U.S. and NATO in the former Soviet Union and Eastern Europe.
G. Tidbits
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H. UPSC Prelims Practice Questions
Q1. Which amongst the following writs can be issued against a private individual?
- Habeas corpus
- Mandamus
- Prohibition
Options:
- 1 only
- 2 and 3 only
- 1, 2 and 3
- None
CHECK ANSWERS:-
Answer: a
Explanation
- ‘Habeas Corpus’ means ‘to have a body of’. This writ, which is used to free someone who has been wrongfully detained, can be issued against any private individual. Hence statement 1 is correct.
- The term ‘mandamus’ which means ‘we command’ can be issued against a public officer, a public company, a tribunal, an inferior court, or the government. It cannot be issued against a private person or entity, the President or Governors of States, or a Chief Justice. Hence statement 2 is incorrect.
- A court may issue a writ of prohibition to prevent lower courts, tribunals, and other quasi-judicial institutions from acting outside of their power. It cannot be used against a private person or entity. Hence statement 3 is incorrect.
Q2. The writ of habeas corpus cannot be issued in which of the following cases?
- When the detention is outside the jurisdiction of the court
- When the proceeding is for the contempt of a legislature or a court
- When the detention is lawful
Options:
- 1 and 2 only
- 2 and 3 only
- 1 and 3 only
- 1, 2 and 3
CHECK ANSWERS:-
Answer: d
Explanation
- A writ of Habeas Corpus is a command issued by a court with the competent authority to anybody holding a person in custody or detention.
- This writ covers all forms of imprisonment that are used illegally or in an unapproved way or to an unapproved degree.
- Habeas Corpus cannot be used in the following situations:
- When detention is legal, Habeas Corpus cannot be issued.
- It is also not stated if the detention or action is for contempt or a violation of a legislative provision.
- If the detention is ordered by the High Court or the Supreme Court, this writ cannot be issued.
- A Habeas Corpus writ cannot be granted if the detention occurs outside of the court’s jurisdiction.
- Hence all statements are correct.
Q3. The Order of the Druk Gyalpo was conferred to PM Modi by which amongst the following
countries?
- Japan
- Bhutan
- South Korea
- Mongolia
CHECK ANSWERS:-
Answer: b
Explanation
- Recently, Bhutan conferred the Order of the Druk Gyalpo honour on Prime Minister Narendra Modi.
- The Order of the Druk Gyalpo is the highest civilian honour of Bhutan.
- Hence Option B is correct.
Q4. Which of the following countries are not parties to United Nations Convention on
Biological Diversity (UNCBD)?
- USA
- China
- India
- Somalia
- Mexico
Options:
- 1 only
- 4 and 5 only
- 1, 2 and 3 only
- 2, 4 and 5 only
CHECK ANSWERS:-
Answer: a
Explanation
- The Convention on Biological Diversity, also known as the United Nations Convention on Biological Diversity, is a multilateral convention that was signed during the Earth Summit in Rio de Janeiro in 1992.
- It is a part of the UNEP (United Nations Environment Programme).
- The CBD is signed by 196 nations. The CBD convention is not ratified by the United States. The United States is the only UN member state that has not done so.
- Hence Option A is correct.
Q5. Who amongst the following require the approval of National Biodiversity Authority to
undertake Biodiversity related activities?
- Non-resident Indian
- A body corporate, association or organisation- not incorporated or registered in India
- A body corporate, association or organisation – incorporated or registered in India under any law for the time being in force which has any non-Indian participation in its share capital or management.
Options:
- 2 only
- 1 and 2 only
- 2 and 3 only
- 1, 2 and 3
CHECK ANSWERS:-
Answer: d
Explanation
- The National Biodiversity Authority (NBA) was established by the Central Government in 2003 to implement India’s Biological Diversity Act (2002). The NBA is a statutory body that serves the Indian government by providing facilitative, regulatory, and consultative services.
- The following persons/entities seeking access to biological resources occurring in India, shall have to seek prior approval from the National Biodiversity Authority:
- Non-Indian Individual;
- Any company, society, trust, organisation, association, institution, etc., registered or incorporated outside India;
- A Non-Resident Indian;
- Any company, society, trust, organisation, association, institution, etc., registered or incorporated in India, having non-Indian participation in its share capital and/or management.
- Hence Option D is correct.
Q6. Consider the following statements with respect to the Biological Diversity Act:
- The offences under this Act shall be cognizable and non-bailable.
- Any person aggrieved by any determination of benefit sharing or order of the National Biodiversity Authority or a State Biodiversity Board under this Act can directly approach the Supreme Court of India.
Which of the above statements is/are correct?
- 1 only
- 2 only
- Both
- None
CHECK ANSWERS:-
Answer: a
Explanation
- The Act, which was passed in 2002, intends to conserve biological resources, manage their sustainable use, and enable fair and equitable sharing of benefits emerging from biological resource usage.
- The offences under the Biological Diversity Act shall be cognizable and non-bailable. Hence statement 1 is correct.
- Any person aggrieved by any determination of benefit sharing or order of the National Biodiversity Authority or a State Biodiversity Board under this Act may file an appeal to the National Green Tribunal in accordance with the provisions of that Act. Hence statement 2 is incorrect.
Q7. Local self-government can be best explained as an exercise in
- Federalism
- Democratic decentralisation
- Administrative delegation
- Direct democracy
CHECK ANSWERS:-
Answer: b
Explanation
- The two basic guiding concepts of local self-government, created under the 73rd and 74th constitutional amendments, are decentralisation and local empowerment.
- People elect local self-government bodies, which are administered by their representatives, either directly or indirectly.
- As a result, local self-government is best understood as an example of democratic decentralisation.
- Hence Option B is correct.
I. UPSC Mains Practice Questions
- Do you think the Government of India has been spending enough money on infrastructure development in the country? Comment. Also list the advantages of increasing capital expenditure.[GS-3, Economy]
- Discuss the potential of India’s semiconductor mission in reviving India’s manufacturing sector.[GS-3, Science & Technology]
Read the previous CNA here.
CNA 18 Dec 2021:- Download PDF Here
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