3 Oct 2020 CNA:- Download PDF Here
TABLE OF CONTENTS
A. GS 1 Related SOCIAL ISSUES 1. Branded witches, two killed and cremated in Assam B. GS 2 Related POLITY AND GOVERNANCE 1. Intention to abet suicide cannot be assumed, it has to be evident: SC 2. Good conduct is key to early release: SC C. GS 3 Related ENVIRONMENT AND ECOLOGY 1. ‘Regulate extraction of minor minerals’ ECONOMY 1. Govt. cannot keep deferring labour reforms D. GS 4 Related E. Editorials ECONOMY 1. Flagging cess non-transfer, its economic impact ENVIRONMENT AND ECOLOGY 1. Pathways to diversity 2. China’s climate commitment: How significant is it for the planet, and India? F. Prelims Facts G. Tidbits 1. Three-fold increase in leopard capture, translocation: study 2. Maldives’s slow progress on rights a concern, say activists H. UPSC Prelims Practice Questions I. UPSC Mains Practice Questions
A. GS 1 Related
1. Branded witches, two killed and cremated in Assam
Context:
The police in Assam’s Karbi Anglong district have arrested nine persons, for killing a man and a woman after branding them as witches and cremating them together.
Witch-hunting:
- Witch-hunting involves the branding of victims, especially women as witches, where they are accused of possessing supernatural powers to harm others.
- A combination of superstitious beliefs, religious practices and patriarchal norms results in women being accused of witchcraft.
- Witch-hunting has been an age-old social malaise in Assam.
- It is mostly reported from the western part of the state.
- Data presented in the State Assembly said witch-hunting claimed the lives of 107 people from 2011 to 2019.
Steps taken:
- The Assam police had in 2001 launched Project Prahari to counsel certain communities against practising witch-hunting.
- In order to put an end to the practice, Assam Witch Hunting (Prohibition, Prevention and Protection) Act was passed.
B. GS 2 Related
Category: POLITY AND GOVERNANCE
1. Intention to abet suicide cannot be assumed, it has to be evident: SC
Supreme Court Judgement:
The intention to abet suicide cannot be assumed and it needs to be backed by solid, visible proof.
Details:
- A three-judge Bench said that every crime should be backed by a state of mind or mens rea (mental element of a person’s intention to commit a crime) or intention.
- The police have to establish that an accused wanted to abet the suicide.
- ‘Abetment’ is defined in Section 107 of the Indian Penal Code (IPC).
- Its ingredients consist of instigating a person or to intentionally aid a person to do or not do something.
- Similarly, the crime of ‘abetment of suicide’ under Section 306 of the IPC involves instigating or actively aiding a person to take his own life.
Mens Rea:
- The judgement said, “In order to prove mens rea, there has to be something on record to establish or show that the appellant herein had a guilty mind and in furtherance of that state of mind, abetted the suicide of the deceased. The ingredient of mens rea cannot be assumed to be ostensibly present but has to be visible and conspicuous”.
- Mens Rea is a Latin word that literally translates to ‘guilty mind’.
- It is the mental element of a person’s intention to commit a crime; or knowledge that one’s action or lack of action would cause a crime to be committed.
- It is a necessary element of many crimes.
Also read: Important Supreme Court Judgements for UPSC
2. Good conduct is key to early release: SC
Supreme Court Judgement:
The length of a prison sentence or the gravity of the crime cannot be the sole basis for denying a convict premature release from jail.
Details:
- A three-judge Bench said that an assessment of the tendency to commit a crime upon release must be based on antecedents as well as the conduct of the prisoner while in jail, and not merely on his age or apprehensions of the victims and witnesses.
- Justice Kant wrote: “Society has a right to lead a peaceful and fearless life, without free-roaming criminals creating havoc in the lives of ordinary peace-loving citizens. But equally strong is the foundation of reformative theory, which propounds that a civilised society cannot be achieved only through punitive attitudes and vindictiveness.”
- First-time offenders should especially be given a second chance at life, the court observed.
- The punishment must lay greater stress on reformation, correction and rehabilitation of criminals.
- The court said reformative justice should not merely focus on public harmony but should foster brotherhood and mutual acceptability.
C. GS 3 Related
Category: ENVIRONMENT AND ECOLOGY
1. ‘Regulate extraction of minor minerals’
Context:
A Division Bench has directed the J&K administration to regulate the extraction of minor minerals from water bodies and set up an expert committee to assess any environmental degradation.
Details:
- It was observed that the Chief Secretary of the Union Territory shall appoint a committee of experts on the lines of directions given by the Supreme Court and the National Green Tribunal Bar Association to assess the components and scales of compensation and recommend measures of reparation for acts and omissions which have resulted in environmental degradation.
- The bench directed that immediate steps be taken to appoint professional and qualified persons or agencies for technically and scientifically evaluating and fixing the reserved prices of minerals in the UT of J&K.
Plea for regulation:
- The directions came in response to a plea that expressed concerns on account of auction notices being issued without a study of the environmental impact of these auctions.
- The plea stated that sand mining may have an adverse effect on biodiversity as loss of habitat caused by sand mining will affect various species, flora and fauna and it may also destabilise the soil structure of river banks and often leaves isolated islands.
- The plea pointed out that the States and UTs should see that the mining of minor minerals is permitted only under a strict regulatory regime and is carried out only under an approved framework of a mining plan, which should provide for reclamation as well as rehabilitation of people in the mined areas.
1. Govt. cannot keep deferring labour reforms
Context:
According to the Union Labour and Employment Minister, the recently passed Labour Codes which along with the Code on Wages (2019) subsume 29 labour laws into four codes, were passed after widespread consultations.
This topic has been covered in the 29th September 2020 Comprehensive News Analysis.
D. GS 4 Related
Nothing here for today!!!
E. Editorials
1. Flagging cess non-transfer, its economic impact
The Financial Audit Report of the Government of India by the Comptroller and Auditor General (C&AG) for 2018-19 placed in Parliament has raised significant issues of a lack of transparency and propriety.
This topic has been covered on 26th September 2020 and 27th September 2020 Comprehensive News Analysis.
Category: ENVIRONMENT AND ECOLOGY
Context:
The UN Summit on Biodiversity was convened on September 30, 2020.
Details:
- The member-nations of the Convention on Biological Diversity (CBD) took note of the link between biodiversity loss and the spread of animal pathogens, calling for an end to destructive industrial and commercial practices.
Concerns:
- Aichi Targets were adopted at the Nagoya Conference of the Convention on Biological Diversity (CBD).
- There is consensus that Aichi targets, to be achieved by 2020, have failed. Also, according to the latest UN Global Biodiversity Outlook 5 report, none of the 20 targets has been fully met.
- Among the Aichi targets that fell by the wayside are:
- Those on reform or phasing out of subsidies that erode biodiversity.
- Steps for resource use within safe ecological limits, preventing industrial fisheries from destroying threatened species and vulnerable ecosystems.
- Ending pollution, including the problem of increasing plastic waste.
- A bright spot is the partial progress made on protecting surface and subsurface water, inland, coastal and marine areas.
- WWF’s Living Planet Index points to steep declines in vertebrate populations (a key indicator) by 68% over 1970 levels.
Way forward:
- Many countries have chosen to ignore the connection between biodiversity and well-being, and depleted ecological capital in pursuit of financial prosperity.
- Faced with fast-eroding ecosystem health, the 196 CBD member-countries must chart a greener course, aligning it with the Paris Agreement, which has a significant impact on the health of flora and fauna.
Indian Scenario:
- India is one of the few megadiverse countries and one that recognised the value of nature as much as the destructive impact of unregulated resource exploitation.
- National laws of the 1970s and 1980s have shielded islands of biodiversity, particularly in about 5% of the country’s land designated as protected areas.
- However, it is a matter of concern that the protected areas are today seen as irritants to the speedy extraction of natural resources.
- Due process is sought to be adhered to, as laid down in the proposed EIA norms.
- There is little concern for indigenous communities that have fostered biodiversity.
- There have been little or no efforts to make the indigenous communities strong partners in improving the health of forests and buffer zones.
Best way forward for India:
- India should join the coalition of the enlightened.
- With the members of CBD set to draw up fresh conservation targets, India too must use it as an opportunity to plan a trajectory of green growth after COVID-19.
- Plans and targets should be set around clean energy, ecological agriculture, a freeze on expansion of mining and dam-building, resource recovery from waste, and regeneration of arid lands.
2. China’s climate commitment: How significant is it for the planet, and India?
Note: This article has been taken from The Indian Express Newspaper.
Context:
China’s President Xi Jinping has promised that the country would be carbon net-zero by 2060, and has advanced the deadline for reaching emissions peak.
What has China announced?
- Xi announced that China would be carbon net-zero by 2060.
- Net-zero is a state in which a country’s emissions are compensated by absorptions and removal of greenhouse gases from the atmosphere.
- Absorption can be increased by creating more carbon sinks such as forests.
- Removal involves the application of technologies such as carbon capture and storage.
Why is net-zero an important target?
- Scientists say that the only way to achieve the Paris Agreement target of keeping global temperatures from rising beyond 2°C compared to pre-industrial times is achieving global carbon neutrality by 2050.
- For a long time, there have been campaigns and efforts to get countries (especially the big emitters) to commit themselves to achieve climate neutrality by 2050.
- Sometimes referred to as the state of net-zero emissions, it would require countries to significantly reduce their emissions while increasing land or forest sinks that would absorb the emissions that take place.
- If the sinks are not adequate, countries can commit themselves to deploying (expensive) technologies that physically remove carbon dioxide and other greenhouse gases from the atmosphere.
How significant is China’s commitment?
- China is the world’s largest emitter of greenhouse gases.
- It accounts for almost 30% of global emissions, more than the combined emissions in the United States, the European Union and India, the three next biggest emitters.
- The climate actions of China, the US, the European Union and India are crucial to achieving the Paris Agreement targets, who together account for more than half the global emissions, followed by countries such as Russia, Brazil, South Africa, Japan and Australia.
- Getting China to commit itself to a net-zero target is a big breakthrough, since countries have been reluctant to pledge themselves to such long term commitments.
- The United States has walked out of the Paris Agreement.
- The Chinese goal, if realised, would lower global warming projections for 2100 by about 0.2° to 0.3°C, the most impactful single action ever taken by any country.
What are the implications of China’s commitment for India?
- India has resisted pressure to make a long-term commitment, citing the fact that developed countries had utterly failed in keeping their past promises.
- India has also been arguing that the climate change actions it has been taking are, in relative terms, far more robust than those of the developed countries.
- Climate Action Tracker puts India’s actions as “2°C compatible”, while the US, China and even the European Union’s current efforts are classified as “insufficient”.
- Of the pledges that have been made in the Paris Agreement, India is the only G20 country whose actions are on track to meet the 2° goal.
- The Chinese announcement is naturally expected to increase pressure on India to follow suit.
- Another side-effect of the Chinese decision could be an increased divergence in the positions of India and China at the climate negotiations. China would now have fewer grounds to align itself with India as a developing country.
F. Prelims Facts
Nothing here for today!!!
G. Tidbits
1. Three-fold increase in leopard capture, translocation: study
What’s in News?
A study conducted across Karnataka indicates that the policy guidelines brought out by the government with respect to capture and translocation of leopards has not had much impact on the ground.
Details:
- The human-leopard policy guidelines were brought out in 2011 to mitigate human-leopard conflict and discourage the translocation of the animal.
- It suggested improved ways of handling emergency conflict situations.
- The number of leopards captured per month increased more than threefold (from 1.5 to 4.6) after the human-leopard policy guidelines were brought out.
- There was a threefold increase in the number of leopards translocated per month (from 1 to 3.5).
- The highest number of translocations occurred into the Bandipur Tiger Reserve followed by the Nagarahole Tiger Reserve and the Cauvery Wildlife Sanctuary.
- Out of the eight reasons listed out for capture and translocation of leopards, the main justification was livestock depredation.
Read more on leopards and its conservation status covered in the 4th August 2020 Comprehensive News Analysis.
2. Maldives’s slow progress on rights a concern, say activists
What’s in News?
According to activists, two years after Maldivian President Ibrahim Mohamed Solih rose to power promising to restore democracy, his government’s record on fulfilling the poll-time pledge could be better.
Concerns:
- The Maldives is faced with a grave economic crisis after its tourism-reliant economy broke down in the wake of the coronavirus pandemic.
- The progress with respect to Mohamed Solih’s promise to probe alleged human rights abuses committed during the former Abdulla Yameen administration has been slow.
- While acknowledging some significant gains since Mr. Solih came to power, especially in child rights through the Juvenile Justice Act and Child Protection Act ratified by the President, activists voice concern over the government’s slow-paced efforts on other fronts.
- Civil society is still not able to express their opinion without fear or repression.
- Although the Whistleblower Protection Act and the decriminalisation of defamation have sought to improve the environment for freedom of speech, journalists and human rights activists continue to operate with fear.
H. UPSC Prelims Practice Questions
Q1. Consider the following statements with respect to Beijing Declaration:
- It is an agenda for women’s empowerment adopted by the UN.
- The Beijing Declaration was adopted at the end of the 2nd World Conference on Women (WCW).
- It set strategic objectives and actions for the achievement of gender equality in 12 critical areas of concern.
Which of the given statement/s is/are correct?
- 1 and 3 only
- 2 only
- 2 and 3 only
- 1, 2 and 3
CHECK ANSWERS:-
Answer: a
Explanation:
- The Beijing Declaration is an agenda for women’s empowerment and is considered a key global policy document on gender equality, adopted by the UN.
- The United Nations has organized 4 world conferences on women: Mexico (1975), Copenhagen (1980), Nairobi (1985) and Beijing (1995).
- The Beijing Declaration was adopted unanimously by the UN at the end of the 4th World Conference on Women (WCW) held in Beijing.
- The Beijing Declaration and Platform for Action identified 12 critical areas of concern and states strategic interventions to deal with these concerns
- Twenty-five years have passed since the Beijing Declaration and Platform for Action was ratified.
Q2. Consider the following statements with respect to ‘Bongosagar’:
- It is a trilateral Naval Exercise between India, Bangladesh and Myanmar.
- Its first edition was held in 2019.
Which of the given statement/s is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
CHECK ANSWERS:-
Answer: b
Explanation:
- Exercise Bongosagar, whose first edition was held in 2019, is aimed at developing inter-operability and joint operational skills through the conduct of a wide spectrum of maritime exercises and operations.
- It is a Bilateral Exercise between the Indian Navy (IN) – Bangladesh Navy (BN).
Q3. Consider the following statements with respect to National Company Law Appellate Tribunal (NCLAT):
- It was constituted under the Companies Act, 1956.
- The chairperson and judicial members of the Appellate Tribunal shall be appointed after consultation with the Chief Justice of India.
- It is the Appellate Tribunal to hear and dispose of appeals against any direction issued or decision made or order passed by the Competition Commission of India.
Which of the given statement/s is/are correct?
- 2 and 3 only
- 1 and 2 only
- 1 only
- 1, 2 and 3
CHECK ANSWERS:-
Answer: a
Explanation:
- The National Company Law Appellate Tribunal (NCLAT) was constituted under Section 410 of the Companies Act, 2013.
- The chairperson and judicial members of the Appellate Tribunal shall be appointed after consultation with the Chief Justice of India.
- It is the Appellate Tribunal to hear and dispose of appeals against any direction issued or decision made or order passed by the Competition Commission of India.
Q4. Consider the following statements:
- The regulatory and administrative jurisdiction of minor minerals falls under the purview of state governments.
- River sand is considered a minor mineral.
- Power to notify the minor minerals lies with the Central Government.
Which of the given statement/s is/are correct?
- 2 and 3 only
- 1 and 2 only
- 1 only
- 1, 2 and 3
CHECK ANSWERS:-
Answer: d
Explanation:
- The power to frame policy and legislation on the minor minerals are entirely subjected and delegated to the State Governments while policy and legislation relating to the major minerals are dealt with by the Ministry of Mines under the Central Government of India.
- Power to notify the minor minerals lies with the Central Government.
- River sand is considered a minor mineral.
I. UPSC Mains Practice Questions
- Regressive beliefs in the society are major impediments to developing scientific temper, humanism and the spirit of inquiry. Discuss. Does India need an anti-superstition law? (15 Marks, 250 Words) (GS 1 Social Issues).
- How are China’s latest climate commitments significant to the world? What are its implications for India? (15 Marks, 250 Words) (GS 3 Environment and Ecology).
Read the previous CNA here.
3 Oct 2020 CNA:- Download PDF Here
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