CNA 10 June 2022:- Download PDF Here
TABLE OF CONTENTS
A. GS 1 Related SOCIETY 1. Is tying the knot a way to untangle even grievous cases? B. GS 2 Related C. GS 3 Related INTERNATIONAL RELATIONS 1. The Indian Patent Regime and its clash with the US norms D. GS 4 Related E. Editorials INTERNATIONAL RELATIONS 1. Ties reset: On India-Iran relations 2. An enduring agreement bridging India-Pakistan ties ECONOMY 1. Is the ban on wheat exports good policy? F. Prelims Facts 1. Thailand becomes the first Asian country to legalise Marijuana 2. Rhino reintroduction a hit in Assam reserve 3. The battlefield for the upcoming Rajya Sabha elections G. Tidbits 1. IISc, Bengaluru top Indian Varsity H. UPSC Prelims Practice Questions I. UPSC Mains Practice Questions
A. GS 1 Related
1. Is tying the knot a way to untangle even grievous cases?
Syllabus: Role of women, their problems and their remedies
Mains: Discussing the grounds on which a convict can be exempted from punishment for an offence.
Context: The Supreme Court employed its extraordinary power to spare convicts on the grounds of maintaining stability and keeping a note that the accused got married to a member of the victim’s family.
The major concern:
- This decision has raised the question of the possibility of a convict getting exonerated from serving a jail term merely on the grounds of marrying a member of the victim’s family.
- This decision of the court opens up another debate on marrying the victim/victim’s family member as a solution to reduce the intensity of the crime committed by the offender.
The Background: 1st Case
- The apex court, under the provisions of Article 142 has released a man punished with the charges of attempt to murder under Section 307 on the grounds of marrying the victim’s sister.
- This case was pending in the Madras High Court.
- It was noted that the accused and the victim’s family resided in the same locality.
- There was an appeal by the accused seeking to compound the offence in order to restore peace and order in the family.
- The Supreme Court, after deep scrutiny, allowed the parties to compound the offence.
Background: 2nd Case
- A man was accused of raping his minor niece and was booked under the POCSO Act.
- He had later married the victim.
- Taking an account of the custom of avunculate marriage (marriage between an uncle and his niece) in Tamil Nadu, the court had set aside his conviction in order to retain peace in the family and not to disturb their married life.
- The Court pointed out that the decision was based on peculiar facts and circumstances of the case and should not be used as precedent.
Possible Inference:
- In both cases, the apex court has rendered supremacy to domestic stability over punishment due to a convicted man.
- This might increase the rate of violence and sexual harassment against women within their families.
- Such decisions are seemingly directed in favour of the accused just because they have either married the victim or a member of the victim’s family. Such grounds lack substance according to experts.
Way Forward:
- In a country that talks about gender equality and inclusive society, the increasing rates of crime against women raise major concerns about the masculine society which is still dominant.
- In an evolving society like India, the judgements in the cases related to women need to be more empathetic towards the dignity, liberty and sanctity of women.
- The judicial system that adjudicates feminine conduct must adopt reformative measures that favour a woman’s dignity and safety.
The exoneration of convicts on the grounds of retaining domestic stability lacks substance and must be revisited by the Supreme Court. The notion of judging feminine conduct with a masculine view needs to be reformed.
B. GS 2 Related
Nothing here for today!!!
C. GS 3 Related
1. The Indian Patent Regime and its clash with the US norms
Syllabus: GS III, Economy, Intellectual Property Rights
Prelims: TRIPS, WTO
Mains: Analysing India’s Patent norms.
Context: The US Trade Representative has raised concerns about the patent regime followed by India.
Overviewing the situation:
- The US Trade Representative (USTR) in its report Special 301 on Intellectual Property Protection and Enforcement has stated the impediments posed by the Indian patent regime that interferes with trade interests.
- This report offers an annual assessment of the effectiveness of the trading partners of the US in terms of enforcement of intellectual property rights.
- India will remain on the Priority Watchlist of the US along with six other countries such as Argentina, Chile, China, Indonesia, Russia and Venezuela.
Why is India on the Priority Watchlist of the USTR?
- The USTR, after carrying out a profound analysis of the progress made by its trading partners to improve the IP norms, emphasised the following issues pertaining to India:
- India’s inconsistencies regarding patent protection
- Existing concerns surrounding the contents that can be patented
- Waiting time for obtaining patents
- Cumbersome reporting requirements
- Concerns regarding the data safety
Patent Regime in India:
- A patent can be defined as the exclusive set of rights granted for an invention, which can be a product or process that offers a new way of doing certain things, involving innovation and possessing originality.
- In India, patents are governed by the provisions of the Indian Patents Act 1970.
- Initially, the Indian Patents Act did not provide patent protection on pharmaceutical products for the better availability of medicines at a lower rate.
- Patent protection on pharmaceutical products was introduced after the 2005 amendment to the law to form compliance with TRIPS agreement.
- Article 3 (d) of the Indian Patents Act offers an insight into the landscape of Indian intellectual property law and the areas of its alignment to the American patent laws along with the areas where the laws differ for both the countries.
- This article of the Indian Patents Act also prevents mere discoveries of new property or new use for a known substance with a considerable increase in efficacy compared to the existing methods from being patented. This prevents the evergreening of patents.
- The Parliamentary Standing Committee pointed out that the provision under Article 3 (d) of the Indian Patents Act allows generic competition by patenting only novel and genuine inventions.
- With the gradual progress of time, India has put enormous efforts to form an alignment with the global mandate regarding intellectual property rights.
- India became a party to the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement.
- India also became a member of the WTO in January 1995.
- The Government of India has been a signatory to various conventions related to IPR.
Conventions to which India is a signatory:
- Berne Convention – This is for the protection of literary and artistic works which was adopted in 1886. It is based on three principles:
- Principle of national treatment
- Principle of automatic protection
- Principle of independence of protection
- The Budapest Treaty – It was adopted in 1977 and is concerned with a specific topic in the international patent process on microorganisms. The treaty explains the norms of international recognition of the deposit of microorganisms for the purpose of patent procedure. All signatory states are obliged to recognise the norms of the treaty.
- The Paris Convention for the Protection of Industrial Property – It was adopted to establish a framework for industrial property in the widest sense. The convention sets up norms for patents, trademarks, industrial designs, utility models, service marks, trade names, geographical indications, and the repression of unfair competition. This was a significant international agreement to ensure the inventors that their works are protected in other countries. This convention is open to all states. The instrument of ratification/accession must be deposited with the Director-General of WIPO.
- The Patent Cooperation Treaty – It acts as an international patent law to assist applicants in seeking patent protection internationally for their inventions. It also facilitates patent offices with their patent grating decisions along with public access to a wealth of technical information relating to those inventions.
The Way Ahead:
- It was concluded in the Doha Declaration on the TRIPS agreement that India must not compromise on the patentability criteria under the provisions of the Indian Patents Act since as a sovereign country it has the flexibility to stipulate limitations on grants of patents which is in consonance with the socio-economic conditions.
- It is suggested that the differences between India and the US on the disqualification of incremental inventions must be resolved through a bilateral dialogue.
- Besides, the Parliamentary Standing Committee has reviewed the general issues regarding IPR norms in India and submitted its report to both the houses of the Parliament.
- Therefore, certain issues like threat of patent revocations, lack of presumption of patent validity and the existing narrow patentability criteria must be addressed.
The report released by the USTR elaborates on certain challenges existing in the patent regime of India which make the process of patenting complicated. However, it is suggested that India, as a sovereign country, must retain its flexibility in regulating the norms of intellectual property rights.
D. GS 4 Related
Nothing here for today!!!
E. Editorials
Category: INTERNATIONAL RELATIONS
1. Ties reset: On India-Iran relations
Syllabus: GS2, International Relations, Effect of policies and politics of developed and developing countries on India’s interests.
Prelim: IAEA, Structure of OIC.
Mains: The friction in settled relations between India and the traditional ally Iran.
Context:
The recent first-ever visit of the Iranian Foreign Minister in the backdrop of a row over comments on Prophet Muhammad.
Background:
Recently, the Iranian Foreign Minister engaged with India on bilateral relations from energy security and infrastructure investments. This is particularly relevant considering the divergence in the relationship between India and Iran, who are moving towards USA and China respectively.
Crucial Significance of the Bilateral Visit for India
- The visit is the first by a member of the Organization for Islamic Cooperation, which has been taking strong positions against issues such as the treatment of minorities, the Kashmir dispute and more recently row over comments on Prophet Muhammad.
- This visit is succeeded by the visit of Israel’s Defence Minister Benny Gantz; this envelops the Indian Foreign Policy of De-Hyphenation of relations in West Asia.
- The West-imposed sanction over the Iranian Nuclear Project in the fallout of the Joint Comprehensive Plan of Action is also under process with the Board of Governors of IAEA meeting in Vienna.
- Since the fall of Afghanistan to Taliban forces, Iran and India came to an agreement about engaging with Afghanistan in order to ensure cross border terrorism does not contaminate the area.
- Iranian oil can allow the West and India to lower the demands for Russian oil, this was underlined by the Foreign Minister S. Jaishankar.
- The visit is the first since the time India joined the alliance of UAE-Israel-USA which is traditionally regarded as ‘anti-Iran’ considering Iranian support to Yemeni Houthi rebels which attacked a UAE oil facility recently.
Suggested Measures for India
- India must cultivate Iran to be a voice in the Organization for Islamic Cooperation since Pakistan has been a vocal anti-India voice in the organization. Recent comments on the Kashmir dispute have elicited strong reactions from India, this should be coupled with active support by members within the OIC such as UAE and Iran.
- India has maintained a steady de-hyphenation of foreign policy with greater engagement with Israel and Iran simultaneously, though the engagements with Iran have reduced in the recent past; it is still regarded as a traditional ally. There is a need for India to maintain isolation from West Asian politics and ensure that its national interest is not intermixed with international affairs.
- Due to the fallout of JCPOA since President Trump’s unilateral move to revoke the agreement, India suffered crucial losses due to its investments in Iran such as Chabahar Port. Though exemption to Chabahar was given, there was no exemption from sanctions given for Iranian oil. This has led to spiralling domestic inflation in terms of crude oil. If the agreement between Iran and IAEA is reached, it shall allow India to operate its assets in Iranian territory.
- India must cultivate a partnership with Iran with a special focus on Afghanistan. In the recent past, there have been higher instances of cross-border terrorism, gun-running, and drug smuggling on the western border of India. This is also because of the destabilised situation in Afghanistan. Iran enjoys a vast territorial border with Afghanistan which would help India in leveraging its position in this matter.
- The economic ties are dwindling at around 2 billion dollars (2020-21) from 17 billion dollars (2017-18). This has further distanced Iran and pushed it towards China. However, in the backdrop of the Chinese debt-induced crisis in Sri Lanka and Pakistan, India must engage with Iran more and hitch Iran into its partnership as that would allow for multilateral growth in the region and also allow the safety of India’s ever-increasing energy needs.
Way Forward
There is a need for better engagement and relationship between India and Iran. Due to the multifarious needs of both parties, there should be cooperation, coordination and consensus between the interests of both nations.
The new paradigms of international relations are unpredictable and the terrain keeps shifting, however, traditional alliances are the bedrock on which national foreign policy survives the vicissitudes of uncertainty.
2. An enduring agreement bridging India-Pakistan ties
Syllabus: India and its Neighbourhood- Relations.
Prelim: Indus Water Treaty, Indus River Basin.
Mains: The Indus Water Treaty has been a pillar of multilateral engagement and agreement in the subcontinent.
Context:
The 118th meeting of the Permanent Indus Commission (PIC) comprising the Indus Commissioners of India and Pakistan was held in May 2022 in New Delhi. In the present meeting, the objections to the construction and technical designs of the Pakal Dul and Lower Kalnai hydropower plants located on Marusudar river, a tributary of the Chenab, in the Kishtwar district of Jammu and Kashmir were discussed.
The Indus Waters Treaty (IWT) is an established water-distribution treaty between India and Pakistan to use the water of the Indus and its tributaries. It was signed by the then Indian Prime Minister Jawaharlal Nehru and the then Pakistani President Ayub Khan, negotiated under the aegis of the World Bank.
Read more on this issue in CNA dated 2nd June 2022.
Category: ECONOMY
1. Is the ban on wheat exports good policy?
Syllabus: Major Crops – Cropping Patterns in various parts of the country
Prelim: WTO, MSP, Inflation.
Mains: The goal of doubling farmers’ income and food security need to go hand in hand.
Context:
Recently, the Central Government has banned the export of wheat and imposed quantitative restrictions on outbound sugar shipments. The ban was effected owing to the expectation of a lower yield this year due to intensive heat waves. The issue has an impact on multiple variables such as sowing preference, international trade regulations and farmers’ income.
Read more on the issue in CNA dated May 18 2022.
F. Prelims Facts
1. Thailand becomes the first Asian country to legalise Marijuana
Syllabus: GS II, International Relations, Effect of policies and politics of developed and developing countries
Prelims: Marijuana
Context: Thailand has legalised the growing of marijuana and its consumption in food and drinks.
Delving Deeper:
- By legalising Marijuana, Thailand became the first Asian country to do so.
- It was done in order to boost the agriculture and tourism sectors.
- However, smoking pot is still against the law and does not disturb the strict laws against drugs and substances that induce addiction.
- The items consisting of marijuana that are legalised include cannabis-infused drinks, sweets and other plant-based products.
- It has been a tradition in Thailand to use cannabis as a pain reliever, to reduce fatigue. The medicinal use of Marijuana was legalised in Thailand in 2018.
- The restrictions on the usage of Marijuana entail the provision of not exceeding 0.2% of its psychoactive ingredient, Tetracannabinol. Breaking the norm would be punishable with specific jail terms and fines.
Read about Narcotic Drugs and Psychotropic Substances Act Substance in the link shared.
2. Rhino reintroduction a hit in Assam reserve
Syllabus: GS3: Environment and Ecology: Conservation, environmental pollution and degradation, environmental impact assessment.
Prelims: Manas National Park, Indian Rhino Vision 2020
Context:
- As per the 14th Assam rhino estimation census, the one-horned rhinos of western Assam’s Manas National Park are expected to have a high life expectancy and significant growth in population.
Manas National Park
- Manas is a UNESCO World Heritage Site and a tiger reserve. Manas National Park is located in two districts of Assam, Bongaigaon and Barpeta.
- Situated at the foothills of the Himalayas, this park is contiguous with the Royal Manas National Park in Bhutan. Know more about the Manas National Park.
Indian Rhino Vision 2020
- A rhino reintroduction programme under the Indian Rhino Vision 2020 was started in 2006.
- This entailed the translocation of rhinos from Kaziranga National Park and Pobitora Wildlife Sanctuary besides orphans hand-reared at the Centre for Wildlife Rehabilitation and Conservation at Kaziranga.
Know more about Indian Rhinoceros: Characteristics, Behavior and Conservation.
3. The battlefield for the upcoming Rajya Sabha elections
Syllabus: GS2: Polity & Governance
Prelims: Rajya Sabha Elections
Context:
The Assemblies of 4 states are about to elect 16 MPs to Rajya Sabha.
How are Rajya Sabha members elected?
- The Rajya Sabha is a permanent House and is not subject to dissolution.
- Only elected members of the State Legislative Assemblies can vote in a Rajya Sabha election.
- Polls are held to send a batch of new members to the Upper House every two years for a six-year term.
- A third of Rajya Sabha MPs from each State retire once in two years and polls are held to fill up the vacancies.
- Candidates of a particular party can be elected to the Upper House based on their party’s strength in the State Legislative Assembly.
- Voting is by single transferable vote which means the elector can vote for any number of candidates in order of their preference.
- A candidate requires a specified number of first preference votes to win and each vote has a value of 100.
- The number of first preference votes required for a single MP varies in each State based on the size of the Legislative Assembly and the number of seats for which elections are taking place.
Know more about the Members, Chairman, Elections of Rajya Sabha.
G. Tidbits
1. IISc, Bengaluru top Indian Varsity
- The Indian Institute of Science, Bengaluru is the new national leader in the QS World University Rankings.
- This determines massive improvements in the premier institutions like IISC, IITs and so on.
- The QS World University Rankings featured 41 Indian Universities, of which many have shown improvement with some in stable conditions and some with declining conditions.
- IISC ranked 155th globally and is the global leader in the citations per faculty indicator which is used to assess the impact of the research produced by universities.
- It is the fastest-rising South Asian University among the top-200 universities in the QS (Quacquarelli Symonds) rankings.
H. UPSC Prelims Practice Questions
Q1. Which of the following statements is/are correct? (Level: Medium)
- An election to fill the vacancy caused by the expiration of the term of office of the outgoing President is required to be completed within six months of the end of the term, until which the outgoing President will serve as the caretaker President.
- Political parties can issue a whip to their members to vote in favour of a candidate like that observed in the elections to the Rajya Sabha.
Options:
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
CHECK ANSWERS:-
Answer: d
Explanation:
- Article 62 of the Indian Constitution states that there shall be an election to fill the vacancy caused by the expiration of the term of office of the outgoing President and the election shall be conducted before the expiry of the term. This makes statement 1 incorrect.
- Political parties cannot issue a whip to their members to vote in favour of a candidate in the case of Rajya Sabha Elections. This makes option 2 incorrect.
- Therefore, ‘d’ is the correct answer.
Q2. Consider the following statements with respect to the World Investment Report: (Level: Medium)
- It is published by the United Nations Conference on Trade and Development.
- As per this report, India is the third-largest Foreign Direct Investment receiving country after China and the U.S.
Which of the above statements are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
CHECK ANSWERS:-
Answer: a
Explanation:
- The United Nations Conference on Trade and Development releases the World Investment Report annually to determine and assess the global trend of Foreign Direct Investment. This makes option 1 correct.
- According to the World Investment Report 2021, India is in the 7th position as FDI recipient. The US receives the highest FDI inflows and is at the top position (1st Rank) as per the report. This makes option 2 incorrect.
- The right answer is ‘a’.
Q3. Consider the following pairs of seas and bordering countries. (Level: Medium)
Sea Bordering country
- Aegean Sea Turkey
- Sea of Okhotsk Japan
- Adriatic Sea Italy
- Tasman Sea Australia
Which of the following pairs is correctly matched?
- 1, 2 and 4 only
- 2, 3 and 4 only
- 1, 2, 3 and 4
- 1 and 3 only
CHECK ANSWERS:-
Answer: c
Explanation:
- The Aegean Sea is situated between Greece and Turkey. It is bordered by Greece, Turkey, North Macedonia, Serbia, and Bulgaria. This makes option 1 correct.
- The Sea of Okhotsk is bordered by Japan and Russia (the Kamchatka Peninsula). Therefore, option 2 is correct.
- The countries which coasts on the Adriatic Sea include Albania, Bosnia, Herzegovina, Croatia, Montenegro, Italy and Slovenia. This makes option 3 correct.
- The Tasman Sea is bordered by Australia on the west and New Zealand on the east. This makes option 4 correct.
- Therefore, ‘c’ (1,2,3,4) is the correct answer.
Q4. Which of the following statements is/are incorrect with respect to bond yields? (Level: Difficult)
- There is an inverse relationship between bond price and bond yield.
- Higher interest rates in the economy will lead to a lowering in the bond yields.
Options:
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
CHECK ANSWERS:-
Answer: b
Explanation:
- There exists an inverse relationship between the bond price and bond yield. When the bond price is lower than the face value, the bond yield is higher than the coupon rate. This makes option 1 correct.
- Conversely, when interest rates rise, newer bonds will pay investors better interest rates than existing bonds. Here, the older bonds are less attractive and will drop their prices as compensation and sell at a discounted price. This makes option 2 incorrect.
- As the question is asking for the incorrect statement, the correct answer is ‘b’ (2 only).
Q5. Which of the following are the reasons for the occurrence of multi-drug resistance in microbial pathogens in India? (Level: Medium)
- Genetic predisposition of some people
- Taking incorrect doses of antibiotics to cure diseases
- Using antibiotics in livestock farming
- Multiple chronic diseases in some people
Select the correct answer using the code given below.
- 1 and 2
- 2 and 3 only
- 1, 3 and 4
- 2, 3 and 4
CHECK ANSWERS:-
Answer: b
Explanation:
- The reasons for multi-drug resistance in microbial pathogens in India include taking incorrect doses of antibiotics to cure diseases, using antibiotics in livestock farming, rapid mutation, gene recombination happening in the microorganisms, enzymatic inactivation of the drug by the microorganism, development of proteinaceous pumps and so on. This makes options 2 and 3 correct.
- Genetic predisposition of some people and Multiple chronic diseases in some people cannot be related to multi-drug resistance in microbial pathogens. This makes options 1 & 4 incorrect.
- Therefore, ‘b’ is the right answer.
I. UPSC Mains Practice Questions
- Discuss the salient features of the Patents Act in India and examine the stumbling blocks between India and the USA on the Intellectual Property front. (250 words, 15 marks) [GS-3, Economy]
- Judicial decisions allowing rape perpetrators to marry victims violate the principle of rule of law. Discuss. (250 words, 15 marks) [GS-2, Society]
Read the previous CNA here.
CNA 10 June 2022:- Download PDF Here
good