17 May 2024: UPSC Exam Comprehensive News Analysis

17 May 2024 CNA
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TABLE OF CONTENTS

A. GS 1 Related
B. GS 2 Related
GOVERNANCE
1. SC limits ED’s power to arrest PMLA accused
2. State cannot acquire property without proper procedure: SC
SOCIAL JUSTICE
1. Adolescent girls at risk after receiving Covaxin, says study
INTERNATIONAL RELATIONS
1. Xi, Putin hail relations as ‘stabilising’ force in world
C. GS 3 Related
D. GS 4 Related
E. Editorials
POLITY
1. Malign motive
2. Can parties be de-recognised or de-registered?
HEALTH
1. Health advice to take with no pinch of salt
F. Prelims Facts
1. Ahead of Ukraine peace conference, Swiss diplomat to hold talks in India
2. Violence rages in New Caledonia as France rushes security forces to islands
3. Kerala sounds warning on West Nile Virus; neighbouring States on guard
G. Tidbits
H. UPSC Prelims Practice Questions
I. UPSC Mains Practice Questions

A. GS 1 Related

Nothing here for today!!!

B. GS 2 Related

Category: GOVERNANCE

1. SC limits ED’s power to arrest PMLA accused

Syllabus: Government policies and interventions for the development of various sectors

Mains: Significance of Prevention of Money Laundering Act (PMLA)  

Context​: The Supreme Court of India recently upheld the right to personal liberty, limiting the Enforcement Directorate’s (ED) power to arrest individuals accused under the Prevention of Money Laundering Act (PMLA). 

• This landmark judgment, delivered by a bench of Justices A.S. Oka and Ujjal Bhuyan, asserts that individuals summoned by special courts need not seek bail under the stringent conditions of the PMLA unless specific grounds for custody are presented.

Key Highlights of the Judgment:

• Presumption of Liberty: The court held that individuals summoned by a designated special court are presumed to be not in custody. Thus, they need not apply for bail under the PMLA’s draconian conditions.
• Custody Requirements: The ED must separately apply for the custody of an accused who appears in court, showing specific grounds for necessitating custodial interrogation.
• Section 88 Bonds: The special court can require the accused to furnish bonds under Section 88 of the Code of Criminal Procedure (CrPC). Accepting such a bond does not equate to granting bail, and hence, the stringent conditions of Section 45 of the PMLA do not apply.
• Exemption from Personal Appearance: An accused who appears in the special court could be exempted from future personal appearances unless they fail to appear, leading to the issuance of bailable or non-bailable warrants.

Case Background:

• The judgment stemmed from an appeal by Tarsem Lal, who was denied anticipatory bail by the Punjab and Haryana High Court. The Supreme Court’s decision clarifies significant aspects of the bail process under the PMLA, impacting the treatment of accused individuals.

Challenges Posed by Section 45 of PMLA:

• Stringent Bail Conditions: The twin conditions under Section 45 require the accused to prove prima facie innocence and assure the court of not committing any offense while on bail, making it nearly impossible for the accused to secure bail.
• Burden of Proof: The burden lies entirely on the accused, who often lacks the resources to counter the state’s might, leading to prolonged incarceration without bail.

Implications of the Judgment:

• Enhanced Personal Liberty: This ruling strengthens the right to personal liberty, ensuring that individuals are not unduly detained without just cause.
• Judicial Oversight on ED’s Powers: By requiring the ED to seek court approval for custody, the judgment introduces a layer of judicial oversight, potentially curbing misuse of power.
• Easing Bail Conditions: Allowing bonds under Section 88 without invoking the stringent PMLA bail conditions provides a more humane approach to pre-trial detention.

Recommendations for Further Reforms:

• Review of PMLA Provisions: Regular review and possible amendments of the PMLA to balance enforcement with individual rights.
• Strengthening Judicial Guidelines: Clear guidelines for the judiciary to uniformly apply the principles laid out in this judgment.
• Enhanced Training for Law Enforcement: Training for ED officials on the legal boundaries of their powers and the importance of safeguarding personal liberties.

Nut Graf: The Supreme Court’s ruling marks a significant step in protecting individual liberties against stringent legal provisions. By limiting the ED’s power to arrest under the PMLA and easing the bail conditions, the judgment upholds the principle of personal liberty enshrined in the Constitution.

2. State cannot acquire property without proper procedure: SC

Syllabus: Government policies and interventions for the development of various sectors

Mains: Issues with the right to property

Context​: The Supreme Court of India has underscored the protection of private property rights against arbitrary state acquisition. In a landmark judgment, the Bench of Justices P.S. Narasimha and Aravind Kumar emphasized that the right to property, while no longer a fundamental right, remains a constitutional and human right.

Key Highlights of the Judgment:

• Constitutional and Human Right: The right to private property is recognized as both a constitutional and a human right.
• Compulsory Acquisition: Compulsory acquisition of property without following proper procedures and ensuring fair compensation is unconstitutional.
• Mandatory Procedures: The court laid out essential procedural rights that must be respected by the state before depriving an individual of their property.

Case Background:

• The judgment was delivered in the context of an appeal by the Kolkata Municipal Corporation, which was rejected by the Calcutta High Court. The High Court had ruled against the Corporation’s acquisition of private land and imposed a penalty for not adhering to proper procedures.

Challenges in Property Acquisition:

• Procedural Violations: Arbitrary state takeovers without following due process undermine constitutional rights.
• Compensation Disputes: Inadequate or delayed compensation leads to significant grievances among property owners.
• Legal Ambiguities: Misinterpretation of the term “authority of law” and the power of eminent domain by state authorities.

Legal Context:

• Article 300A: This article ensures that no person shall be deprived of their property except by authority of law, emphasizing the need for legal procedures to be followed.
• 44th Constitutional Amendment: Although the right to property was removed as a fundamental right, it remains protected under Article 300A.

Implications of the Judgment:

• Reaffirmation of Property Rights: The judgment reinforces the importance of property rights as a constitutional and human right.
• Check on State Power: It limits the arbitrary use of eminent domain by the state, ensuring acquisitions are for genuine public purposes and follow due process.
• Legal Precedent: Establishes a strong legal precedent for future cases involving property acquisition, providing clearer guidelines for both property owners and the state.

Recommendations for Proper Acquisition:

• Strict Adherence to Procedures: The state must follow the seven procedural rights outlined by the Supreme Court, including notice, hearing, reasoned decisions, public purpose demonstration, fair compensation, efficient process, and timely conclusion.
• Transparency and Accountability: Establish mechanisms to ensure transparency and accountability in the acquisition process.
• Public Awareness: Educate citizens about their rights under Article 300A and the procedural safeguards in place to protect these rights.

Procedural Rights Outlined by the Court:

• Right to Notice: The state must inform the individual about the intended acquisition.
• Right to be Heard: The individual must have an opportunity to present objections.
• Reasoned Decision: The state must provide a clear and reasoned decision for the acquisition.
• Public Purpose Demonstration: The state must prove the acquisition is exclusively for public use.
• Fair Compensation: The individual must receive fair and reasonable compensation.
• Efficient Process: The acquisition process must be conducted efficiently and within prescribed timelines.
• Conclusion of Proceedings: The acquisition is only complete when physical possession of the land is taken.

Nut Graf: The Supreme Court’s ruling affirms the protection of private property rights against arbitrary state actions. By insisting on adherence to procedural safeguards and fair compensation, the judgment ensures that property acquisitions serve genuine public purposes and respect individual rights.

Category: SOCIAL JUSTICE

1. Adolescent girls at risk after receiving Covaxin, says study

Syllabus: Issues related to the development and management of the social sector/Services relating to Health, Education, Human Resources

Mains: Risk of Covaxin vaccine on Adolescent girls

Context​: A recent study published in Springer Nature indicates that adolescent girls and individuals with co-morbidities are at higher risk of adverse events following the administration of Bharat Biotech’s BBV152 (Covaxin) vaccine against COVID-19. Conducted by researchers at Banaras Hindu University, the study emphasizes the need for extended surveillance due to the observed adverse events.

Study Overview:

• Title: “Long-term safety analysis of the BBV152 coronavirus vaccine in adolescents and adults: findings from a one-year prospective study in North India.”
• Participants: 1,024 individuals, including 635 adolescents and 291 adults.
• Duration: One-year follow-up.
• Findings: Nearly one-third of participants reported adverse events of special interest (AESI).

Key Findings:

Adverse Events in Adolescents:

• Common AESIs: Viral upper respiratory tract infections (47.9%), skin and subcutaneous disorders (10.5%), general disorders (10.2%), and nervous system disorders (4.7%).
• Menstrual Abnormalities: Observed in 4.6% of female participants.

Adverse Events in Adults:

• Common AESIs: General disorders (8.9%), musculoskeletal disorders (5.8%), nervous system disorders (5.5%).

Health Risks:

• Increased Risk for Adolescent Girls: Adolescent girls exhibit a higher incidence of adverse events compared to adults.
• Serious Adverse Events: Occur in approximately 1% of BBV152 recipients.
• Comorbidities: Individuals with pre-existing health conditions are more susceptible to adverse events.

Data and Methodology Concerns:

• Investigator Bias: Bharat Biotech highlights the need for comprehensive data to ensure informative results and minimize bias.
• Extended Surveillance: The study calls for ongoing monitoring to accurately assess long-term safety.

Implications for Public Health:

• Vaccine Safety: Highlights the need for rigorous safety protocols and monitoring in vaccination programs, especially for vulnerable groups like adolescents and those with comorbidities.
• Policy Making: Influences vaccine administration guidelines and post-vaccination surveillance strategies.

Broader Impact:

• Public Confidence: Ensuring transparency and thorough follow-up can help maintain public trust in vaccination campaigns.
• Research and Development: Encourages further research to optimize vaccine safety and address adverse effects.

Recommendations:

• Enhanced Monitoring: Implement extended surveillance protocols to track the long-term effects of the vaccine.
• Targeted Studies: Conduct additional research focusing on high-risk groups, such as adolescent girls and individuals with comorbidities.
• Data Transparency: Ensure the availability of comprehensive data for independent review and analysis to avoid investigator bias.

Policy Interventions:

• Safety Protocols: Strengthen safety protocols and guidelines for vaccine administration, including pre-vaccination screening and post-vaccination follow-ups.
• Public Awareness: Increase awareness among healthcare providers and recipients about potential adverse events and the importance of reporting them.

Nut Graf: The study on the safety of Covaxin among adolescents and adults reveals significant insights into the potential risks associated with the vaccine, particularly for adolescent girls and individuals with comorbidities. The findings underscore the need for extended surveillance and stringent safety measures to mitigate these risks.

Category: INTERNATIONAL RELATIONS

1. Xi, Putin hail relations as ‘stabilising’ force in world

Syllabus: Bilateral, regional and global groupings and agreements involving India and/or affecting India’s Interests

Mains: China- Russia- India relations

Context​: Chinese President Xi Jinping and Russian President Vladimir Putin have emphasized the strengthening of China-Russia relations as a stabilizing force in global politics. Meeting in Beijing, the leaders underscored their commitment to fairness, justice, and a multipolar world order amidst the ongoing geopolitical tensions, particularly Russia’s conflict in Ukraine.

Key Highlights of the Meeting:

• Commitment to Global Stability: Xi and Putin framed their nations’ relationship as a stabilizing factor in a chaotic international arena.
• Mutual Support: Putin sought greater Chinese support for Russia’s military efforts in Ukraine, highlighting the strategic partnership between the two countries.
• Economic and Diplomatic Ties: The meeting underscored the deepening of economic ties and diplomatic coordination between China and Russia, especially in the face of Western sanctions against Russia.

Statements from the Leaders:

• Xi Jinping: Emphasized China’s readiness to work with Russia to uphold fairness and justice globally, and framed their relationship as conducive to global peace.
• Vladimir Putin: Highlighted that Russia-China relations are not opportunistic or directed against any nation, but rather aimed at upholding a multipolar world order and international law.

Joint Statement:

• The leaders signed a joint statement to deepen their comprehensive strategic partnership, reiterating their stance against the escalation of the conflict in Ukraine.

Geopolitical Tensions:

• Ukraine Conflict: Russia’s ongoing military operations in Ukraine and the resulting Western sanctions have isolated Russia, making its partnership with China crucial.
• Western Sanctions: The economic lifeline provided by China is vital for Russia amid unprecedented sanctions from the West.

Global Power Dynamics:

• Multipolar World Order: Both countries advocate for a world order that reflects multipolar realities, challenging the dominance of Western powers.
• International Law and Justice: The emphasis on fairness, justice, and international law highlights their opposition to perceived Western hegemony.

Strategic Alliance:

• Economic and Military Cooperation: The partnership provides mutual benefits in economic, technological, and military domains, bolstering their global influence.
• Diplomatic Leverage: The alliance enhances their bargaining power in international negotiations and conflicts, particularly against Western nations.

Global Stability:

• Balancing Power: By promoting a multipolar world, China and Russia aim to balance the power dynamics dominated by the West, potentially leading to a more diversified global governance structure.
• Conflict Resolution: Their joint stance on avoiding further escalation in Ukraine could play a role in conflict resolution efforts, albeit from a non-Western perspective.

Recommendations for Enhancing Global Stability:

• Dialogue and Diplomacy: Encourage continued dialogue between major powers to address global conflicts and promote peaceful resolutions.
• Inclusive Multilateralism: Foster inclusive multilateral institutions that reflect the interests of all regions, reducing the dominance of any single bloc.
• Humanitarian Cooperation: Strengthen humanitarian cooperation and support for conflict-affected regions, ensuring aid and development efforts are unbiased and inclusive.

Policy Interventions:

• Conflict Mediation: Leverage their influence to mediate conflicts like the Ukraine war, promoting negotiations and ceasefire agreements.
• Economic Collaboration: Expand economic collaboration on global platforms to stabilize markets and promote sustainable development.
• Cultural Exchanges: Enhance cultural and academic exchanges to build mutual understanding and reduce geopolitical tensions.

Nut Graf: The meeting between Xi Jinping and Vladimir Putin highlights the strategic importance of China-Russia relations in the current global context. Their commitment to a multipolar world order and upholding international law positions them as key players in global stability.

Q1. In a recent landmark judgement, the Supreme Court has laid down new guidelines 
regarding arrests made by the Enforcement Directorate (ED) under the Prevention of 
Money Laundering Act (PMLA). Consider the following statements in this context:

Q2. The Supreme Court has recently reiterated the importance of due process in 
land acquisition by the State. Consider the following statements in this context:

Q3. A recent study has raised concerns about potential side effects of a 
COVID-19 vaccine in India. Consider the following statements in this context:

Q4. Recent unrest in New Caledonia, a French territory in the Pacific Ocean, 
highlights the ongoing challenge of:

Q5. The emergence of West Nile Virus (WNV) cases in Kerala has prompted 
health authorities to issue warnings. Consider the following statements 
about WNV: