06 September 2023 CNA
Download PDF Here
TABLE OF CONTENTS
A. GS 1 Related B. GS 2 Related POLITY 1. Decoding the Nyaya Sanhita bill INTERNATIONAL RELATIONS 1. ASEAN C. GS 3 Related D. GS 4 Related E. Editorials INTERNATIONAL RELATIONS 1. The implications of the expansion of BRICS GOVERNANCE 1. Laws governing forests of the Northeast F. Prelims Facts G. Tidbits 1. ‘Bharat’ replaces ‘India’ in G-20 invite from President 2. SC bench reserves verdict in Article 370 abrogation challenge H. UPSC Prelims Practice Questions I. UPSC Mains Practice Questions
A. GS 1 Related
Nothing here for today!!!
B. GS 2 Related
1. Decoding the Nyaya Sanhita bill
Syllabus: Government policies and interventions aimed at development in various sectors and issues arising out of their design and implementation.
Mains: Nyaya Sanhita bill and the shortcomings in the bill
Context
The Indian government’s introduction of three penal Bills in the Lok Sabha, aimed at decolonizing the justice system, requires careful consideration due to the complexity of penal law-making and the need for public participation.
Introduction
- The government’s initiative to introduce three penal Bills in the Lok Sabha aims to decolonize the Indian justice system.
- While the government’s initiative is commendable, it is essential to consider the complexities of penal law-making and reform.
Deep Deliberation and Empirical Validation
- Penal law-making and reform require thorough deliberation and empirical validation.
- This process involves analyzing the behaviour considered undesirable and shifting societal perceptions, as exemplified by changes in laws related to attempted suicide and adultery.
Incorporating Public Participation
- Replacing colonial penal laws is necessary because they lacked participation from the governed.
- The process should involve a wide and diverse debate, including the perspectives of the people for whom these laws are meant.
- The goal should be to achieve equal and uniform application of the law while ensuring maximum certainty.
Social Audit of Undesirable Behaviour
- Conducting a broader social audit of what constitutes “undesirable” behaviour is crucial.
- It is important to view crime and criminals from an independent and impartial perspective, moving away from a state-centric view.
Streamlining and Avoiding Redundancy
- To maintain brevity and effectiveness, it is important to avoid retaining and adding new offences.
- Special laws already exist to address emerging crimes, and serious crimes like organised crime and terrorism could be handled separately.
Focus on Offences Against Women and Children
- The proposed Bharatiya Nyaya Sanhita Bill prioritises “Offences Against Women and Children” in Chapter V, aligning with the constitutional vision.
- However, there are concerns about provisions related to marital rape and general exceptions.
Marital Rape and Colonial Mindset
- The proposed law still adheres to a colonial mindset by not considering forced sexual intercourse between a man and his wife as rape if the wife is above 18.
- This reflects an outdated approach and goes against the principles of equality and autonomy.
Inconsistencies with Special Laws
- Retaining certain clauses related to criminal liability in a general penal law contradicts the philosophy of special laws, as outlined in the Juvenile Justice Act of 2015.
Shifting Priorities in Chapter Arrangement
- The Bill departs from the colonial chapter scheme by placing bodily interests before offences against the state.
- This shift raises questions about fulfilling constitutional visions, upholding autonomy and equality, and promoting fraternity.
Nut Graf: While the government’s initiative to reform India’s penal laws is commendable, the process should involve deep deliberation and public participation, and address inconsistencies, especially in areas like marital rape and general exceptions.
Category: INTERNATIONAL RELATIONS
1. ASEAN
Syllabus: Important International institutions, agencies, their structure and mandates
Mains: ASEAN and various challenges faced by it.
Prelims: About ASEAN
Context
Southeast Asian leaders have decided that Myanmar will not assume the chairmanship of their regional bloc ASEAN in 2026, following international condemnation of the military junta’s takeover in 2021.
ASEAN’s Decision on Myanmar’s Chairmanship
- Southeast Asian leaders have decided that Myanmar will not assume the rotating leadership of their regional bloc in 2026.
- Western governments, led by the U.S., have condemned Myanmar’s military junta for seizing power in 2021 and have called for the release of detained officials, including Aung San Suu Kyi.
Philippines to Assume ASEAN Chairmanship
- The Philippines has agreed to take over the chairmanship of the regional bloc in 2026, according to President Ferdinand Marcos Jr.
- The reasons behind Myanmar losing its chairmanship were not explained, but it is believed to be related to ongoing civil strife and concerns about relations with non-recognizing countries like the U.S. and the EU.
Challenges in Southeast Asia
- Continuing civil strife in Myanmar and territorial disputes in the South China Sea were key topics in ASEAN’s discussions.
- Divisions within ASEAN, including the U.S.-China rivalry, have created challenges for the regional bloc.
Call for Unity and Stability
- Indonesian President Joko Widodo emphasized the importance of unity within ASEAN to address regional and global challenges.
- He likened ASEAN to a ship that must navigate challenges and ensure peace, stability, and shared prosperity.
Exclusion of Myanmar’s Generals
- Myanmar’s top Generals and their officials were not allowed to attend the summit due to their failure to comply with a domestic peace plan crafted by ASEAN leaders in 2021.
- Indonesian Foreign Minister Retno Marsudi confirmed ASEAN’s commitment to the plan.
Human Rights Concerns
- Myanmar’s security forces have been implicated in the killing of approximately 4,000 civilians and the arrest of over 24,000 others since the military takeover.
Upcoming Meetings with International Leaders
- ASEAN leaders will meet with Asian and Western counterparts, including U.S. Vice President Kamala Harris, Chinese Premier Li Qiang, and Russian Foreign Minister Sergey Lavrov.
- Japanese Prime Minister Fumio Kishida plans to address concerns regarding the release of treated radioactive wastewater from the Fukushima nuclear power plant.
- China has imposed a ban on Japanese seafood in response to the wastewater release.
Nut Graf: Myanmar’s exclusion from the chairmanship and ongoing civil strife in the country underscore the challenges faced by ASEAN, which seeks unity and stability in the face of regional divisions and global issues.
C. GS 3 Related
Nothing here for today!!!
D. GS 4 Related
Nothing here for today!!!
E. EditorialsÂ
Category: INTERNATIONAL RELATIONS
1. The implications of the expansion of BRICS
Syllabus: GS-2, Bilateral, regional and global groupings and agreements involving India and/or affecting India’s interests.
Mains: Implications of the expansion of BRICS
Background
- The 15th BRICS summit recently stated that the five-member organization has welcomed six new members: Argentina from Latin America, Egypt and Ethiopia from Africa, Iran, Saudi Arabia and the United Arab Emirates (UAE) from West Asia.Â
- According to a study, 22 nations have formally applied for membership in the BRICS, out of the 40 nations that have expressed interest.Â
Growing Significance of BRICS
- The BRICs have given birth to two key institutions: the New Development Bank (NBD) and the Contingent Reserve Arrangement, which assist nations experiencing short-term balance-of-payments challenges.Â
- Members of the BRICS have all expressed discontent with Western-dominated international organizations including the World Bank, the UN, and more lately, the World Trade Organisation.Â
- The BRICS nations oppose the West-led global order, encourage economic and political cooperation among themselves, and create institutions that are independent of the West.
- To take into account the existence and interests of rising economies, it vigorously advocates for comprehensive changes.Â
- The Johannesburg Declaration clearly states that the strategic cooperation of the members would be focused on building a more equitable and representative international order.Â
Arguments in favour of BRICS Expansion
- The rapid growth in the number of BRICS members has created a grouping with similar global perspectives and goals, and their combined economic might gives the expanded conclave significant economic influence.Â
- 23% of world exports and 19% of global imports are accounted for by the five core members; with the addition of the additional members, these percentages will increase by 3.7% and 3%, respectively.Â
- The energy sector will be the most affected; in 2022, the first five BRICS members accounted for 20% of world oil production, which will now account for 42% of global output.
Addition of Geo-Strategic value
- The BRICS will benefit greatly from the addition of the new members from a geostrategic perspective.Â
- West Asians are already strongly connected to BRICS participants. Russia, which already supplies a significant amount of oil to China and India, is now considering Brazil as a market. Iran has expanded its oil output heading to China despite US sanctions.Â
- While Argentina is the second biggest economy in Latin America, Egypt and Ethiopia are significant players in the strategically significant Horn of Africa and the Red Sea.
- The new BRICS members readily fit into this political and economic structure, especially those from West Asia.Â
- Additionally, the UAE has improved relations with Iran and is concentrating on enlarging its marine presence throughout the Red Sea, the Gulf of Aden, the Gulf of Mexico, and the Horn of Africa.Â
Way Forward
India and other BRICS members insist on asserting their strategic autonomy in a multipolar world order, with member nations demanding that their voices be heard and their interests respected, while Western writers continue to focus on the emerging global binary divide and the “new Cold War.” Therefore, it is not unexpected that the Johannesburg summit was referred to as a turning moment in contemporary history in a recent media article.
Nut Graf: The BRICS bloc has grown to include six additional member states, but this growth could complicate existing disagreements within it and lessen the group’s capacity to act decisively as a whole.
1. Laws governing forests of the Northeast
Syllabus: GS-2, Government policies and interventions for development in various sectors and issues arising out of their design and implementation.
Mains: Laws governing forests of the Northeast
Background
- Recently, a resolution rejecting the Forest (Conservation) Amendment Act, 2023 was overwhelmingly approved by the Mizoram Assembly.
- It strives to safeguard the interests and rights of the Mizorami people.Â
- The amendment permits the rerouting of forest area for the construction of highways, railroads, or strategically important linear projects involving India’s external boundaries or lines of control.
- In accordance with the Forest (Conservation) Act (FCA) of 1980, this is permitted without a forest clearance.Â
Applicability of FCA to the Northeast
- Special constitutional safeguards, such as Article 371A for Nagaland and 371G for Mizoram, apply throughout the region.
- The application of any law passed by Parliament that interferes with Naga and Mizo customary law and process, as well as ownership and transfer of land and its resources, is prohibited under these rules.Â
- Only if the Legislative Assemblies of these States agree in a resolution may such laws be applied to those States.
- The FCA is also applicable in the remaining Northeastern states of Arunachal Pradesh, Sikkim, Manipur, Meghalaya, and Tripura, which are all Sixth Schedule Areas.Â
- In terms of FCA clearance, Arunachal Pradesh came out on top, followed by Tripura, Assam, Manipur, Sikkim, and Meghalaya.
What is a Recorded Forest Area (RFA)?
- Since 1980, the FCA has resulted in the diversion of more than a million hectares of forest countrywide. Under the Indian Forest Act of 1927 or its State variants, FCA was established to clear the forest.Â
- Under the Godavarman case 1996, the Supreme Court extended the FCA to unclassified forests by defining “forest land” under the FCA to “not only comprise ‘forest’ as understood in the dictionary sense”.Â
- These woods have been noted but not identified as such. The Northeast is made up of more than half Recorded Forest Area (RFA).Â
- Of this, 53% are unclassified forests that are managed by private persons, clans, village councils, or communities and are subject to customary law and practices. The remaining area is state-controlled woodland that has been informed.
Applicability of FRA Act in the Northeast Region
- The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act (FRA) 2006 defines “forest land” as unclassified forests, undemarcated forests, existent or considered forests, protected forests, reserved forests, sanctuaries, and national parks.
- Nothing stops these States from taking suo motu notice of these rights already in existence and requesting approval from the relevant Gram Sabha before awarding titles.Â
- Under Section 12 of the FRA, which permits this, the Ministry of Tribal Affairs may also provide orders that are enforceable in court.Â
- It would provide traditional community forest tenure rights with an additional measure of legal stability.
- Except for Assam and Tripura, none of the Northeastern States have implemented FRA. Â
- As needed by Article 371A, the Nagaland Assembly has not yet made up its mind about this bill. It has been under investigation for years by a committee.
Way Forward
- For a forest diversion request to be accepted in 2009, the Environment Ministry required FRA implementation and the Gram Sabha’s previous knowledge and permission.Â
- The District Collector, who oddly also served as chairman of the District Committee that grants FRA titles, was given charge of the task.Â
- The in-principle forest clearance for which the Collectors’ certificate of FRA compliance was issued was changed to the Stage II final clearance.
- The Ministry’s 2022 Forest Conservation Rules, however, completely abolished FRA compliance prior to final approval.
- Under the FRA, the Ministry of Tribal Affairs may also issue directives that are enforceable in court to acknowledge and resolve forest rights.Â
- This gives the States and the Tribal Affairs Ministry a method to safeguard the forests while also giving forest residents some measure of tenurial security.
Nut Graf: States can develop and implement legislative mechanisms to guarantee required compliance with the FRA before approving a forest diversion scheme, as well as obtaining Gram Sabha approval before giving up forest land.Â
F. Prelims Facts
Nothing here for today!!!
G. Tidbits
1. ‘Bharat’ replaces ‘India’ in G-20 invite from President
- President Droupadi Murmu sent invitations to heads of state, governments, and Chief Ministers of Indian States for a G-20 Summit official banquet. The invitations replaced the word “India” with “Bharat,” referring to the “President of Bharat.”
- The change in nomenclature sparked a debate, with many questioning the reason behind it.
- Government sources indicated that “Bharat” would be used more frequently in official communication in the future.
- Government sources dismissed rumours of formal action to change the name of India, citing the constitutional reference to “India, that is Bharat, is a Union of states.”
- They emphasised that the use of “Bharat” aimed to decolonize nomenclature and counter the reduction of the country’s identity to political alliances.
2. SC bench reserves verdict in Article 370 abrogation challenge
- A Constitution Bench, led by Chief Justice of India D.Y. Chandrachud, has reserved its judgement on petitions challenging the abrogation of special status granted to Jammu and Kashmir under Article 370 of the Constitution.
- The hearings spanned 16 days and involved submissions from both petitioners and the government regarding the constitutionality of the procedure used to repeal Article 370 and the conversion of Jammu and Kashmir’s statehood into Union Territories.
- The government argued that the abrogation was necessary to fully integrate Jammu and Kashmir into the Union of India and highlighted improvements in the region post-abrogation.
- The petitioners, represented by senior lawyers, contended that the government used its parliamentary majority and executive orders to divide the State into Union Territories, which they deemed an attack on federalism and a violation of the Constitution.
- The petitioners argued that Article 370 had acquired permanent status after the dissolution of the J&K Constituent Assembly in 1957, making it exempt from Article 368 (Parliament’s power to amend the Constitution).
- The Constitution Bench, including Justices S.K. Kaul, Sanjiv Khanna, B.R. Gavai, and Surya Kant, focused on examining the events leading to the dissolution of Article 370, starting with the dissolution of the Jammu and Kashmir State Legislative Assembly in November 2018.
H. UPSC Prelims Practice Questions
Q1. With reference to ASEAN (Association of Southeast Asian Nations), consider the following statements:
- It was established in 1967 with the signing of the ASEAN Declaration in Bangkok, Thailand.
- ASEAN currently has 11 member countries.
- It primarily focuses on economic and military cooperation among its member states.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
CHECK ANSWERS:-
Answer: a
Explanation:Â
ASEAN was established in 1967 with the signing of the ASEAN Declaration, but it currently has 10 member countries. It primarily focuses on economic and political cooperation, not military.Â
Q2. With reference to the Forest (Conservation) Act, 1980, which of the following statements is incorrect?
- The Act requires prior permission from the Central Government for the de-reservation of reserved forests.
- The Godavarman case expanded the Act’s definition of “forest land” to include areas recorded as forest in government records, irrespective of ownership.
Select the correct answer using the code given below:
- 1 only
- 2 only
- Both 1 and 2Â
- Neither 1 nor 2
CHECK ANSWERS:-
Answer: d
Explanation:Â
Both statements are correct.Â
Q3. Consider the following countries:
- Algeria
- Djibouti
- Somalia
- Eritrea
- Mozambique
- Ethiopia
How many of the above-mentioned countries comprise the Horn of Africa?
- Only two
- Only three
- Only four
- Only five
CHECK ANSWERS:-
Answer: c
Explanation:Â
The Horn of Africa is a large peninsula and geopolitical region in East Africa. It is composed of Ethiopia, Eritrea, Somalia and Djibouti.
Q4. Consider the following statements about Fundamental Duties in India:
- Fundamental Duties are enforceable by law.
- The duty to renounce practices derogatory to the dignity of women is one of the Fundamental Duties.
Which of the statements above is/are correct?
- Only 1
- Only 2
- Both 1 and 2
- Neither 1 nor 2
CHECK ANSWERS:-
Answer: b
Explanation:Â
They are moral and ethical obligations of citizens towards the nation, not enforceable by law. The duty to renounce practices derogatory to the dignity of women is one of the Fundamental Duties listed in Article 51A(e) of the Indian Constitution.
Q5. The theme of India's G20 Presidency, "Vasudhaiva Kutumbakam," is inspired by which ancient Sanskrit text?
- Prithvogya Upanishad
- Surajogya Upanishad
- Chandogya Upanishad
- Maha Upanishad
CHECK ANSWERS:-
Answer: d
Explanation:Â
The theme is drawn from the ancient Sanskrit text of the Maha Upanishad. It affirms the value of all life – human, animal, plant, and microorganisms and their interconnectedness on the planet Earth and in the wider universe.
I. UPSC Mains Practice Questions
- India is a federal polity with a unitary bias. Critically analyse. (15 marks, 250 words) (GS-2, Polity)
- The growing appetite for an alternative to the prevailing international order is important and marks a failure of US leadership. Comment. (15 marks, 250 words) (GS-2, IR)
Read previous CNA articles here.
Comments