19 Sep 2022: UPSC Exam Comprehensive News Analysis

Political Thinkers and Ideas 768x350

CNA 19 Sep 2022:- Download PDF Here

TABLE OF CONTENTS

A. GS 1 Related
B. GS 2 Related
SOCIAL JUSTICE
1. Scheduled Tribes list
POLITY
1. Free Legal Aid
2. Online dispute resolution (ODR)
C. GS 3 Related
D. GS 4 Related
E. Editorials
INTERNATIONAL RELATIONS
1. Geopolitics without geoeconomics, a fool’s errand
2. A disruptive nexus of China and Pakistan
INDIAN SOCIETY
1. The gender pay gap, hard truths and actions needed
SOCIAL JUSTICE
1. What numbers don’t tell us
F. Prelims Facts
1. Lumpy Skin Disease
G. Tidbits
1. Kinnow
H. UPSC Prelims Practice Questions
I. UPSC Mains Practice Questions
FIP Magazine

Category: POLITY

1. Free Legal Aid

Syllabus: Judiciary-Three-Tier Structure

Mains: Provisions for free legal aid in India

Context: The Delhi High Court recently quashed the judgement of a trial court due to insufficient legal aid provided to the accused.

Background:

  • The Delhi High Court quashed the judgment of a trial courtΒ  which sentenced a man to life imprisonment for murdering his wife, as the man was not represented by a lawyer for a substantial period of the trial.Β 
  • The High Court called it a β€œgrave miscarriage of justice” for not honoring right to free legal services.

Right to Free Legal Aid in India:

  • In India, legal aid was first introduced by Justice P.N. Bhagwati under the Legal Aid Committee, formed in 1971.
  • Legal Aid means providing free legal services to persons who are not able to afford legal representation and access to the legal and court system in India.
  • Free legal aid is necessary to provide access to justice to all to ensure equality before law, right to legal advice and lawyer, and the right to a fair trial.Β 
  • The courts in India including the Supreme Court on several occasions have held that in case any accused is not able to afford legal services then he has the right to free legal assistance at the cost of the State.
  • To give a uniform statutory framework to the legal aid schemes in India the Legal Services Authorities Act,1987 was enforced in 1995.
  • It is an Act to constitute legal services authorities to provide free and competent legal services to the weaker sections of the society and to ensure opportunities for securing justice.

As a Constitutional Right:

  • Free legal service is a constitutional duty of the State and right of a citizen of India.
  • Articles 14 and 22(1) make it obligatory for the State to ensure equality before law and a legal system which promotes justice on the basis of equal opportunity to all, without any discrimination, financial or otherwise.
  • Article 21Β  provides for reasonable, fair and just trial for all.
  • Directive Principle of State Policy under Article 39A clearly requires the State to promote justice by providing equal opportunities of justice to all. The courts in India have held that in case any accused is not able to afford legal services then he has the right to free legal assistance at the cost of the State.

Nut Graf: Various Supreme Court judgements hold that the right to free legal services is an essential ingredient of β€œreasonable, fair and just” procedure for a person accused of an offence. The legal system in the country must work toΒ  promote justice on the basis of equal opportunity.

2. Online dispute resolution (ODR)

Syllabus: Dispute Redressal Mechanisms and Institutions

Mains: Utilisation of Alternate Dispute Resolution Mechanism in India

Context:Β  More than 16 million disputes have been reported to be on-boarded in online dispute resolution (ODR) systems in India two years after NITI Aayog’s initiative to advance ODRs.

What is online dispute resolutionΒ 

  • Online Dispute Resolution is the use of technology and alternate dispute resolution (ADR) processes to resolve disputes outside of the public court system.Β 
  • However, basic integration of technology in the dispute resolution processes does not qualify as ODR. ODR can include the resolution of disputes through Artificial Intelligence/Machine Learning tools and has no determined set of procedures.Β 

Why do we need ODR:

  • ODR can help in dispute avoidance, dispute containment and dispute resolution.Β 
  • DuringΒ  Covid-19 pandemic induced lockdowns, structural issues in the justice system proved to be the biggest challenge to justice delivery whichΒ  resulted in a huge rise in pendency of cases in all tiers of Judiciary in India.
  • It may also be integrated to support the judiciary through technology integration in court-annexed ADR centres, via e-lok adalats and also be introduced within Government departments for internal disputes.
  • Small but important disputes in cases like motor accidents claims, cheque bouncing cases, personal injury claims may be dealt with by ODR.
  • It is cost effective, convenient, efficient, allows for customizable processes to be developed and can limit unconscious bias that results from human interactions.Β 
  • The ODR initiative by NITI Aayog is commendable and the draft report is meticulously compiled. This is a unique analysis of the interface between dispute resolution and technology and its prospects in India.”

Practical Implementation of ODR:

  • NITI Aayog after extensive deliberations with a range of stakeholders releasedΒ  β€˜The ODR Policy Plan for India’ in 2021.
  • It sets out the roadmap for how ODR can be scaled up as a point of first contact for dispute avoidance, containment, and when applicable, resolution.
  • More than 100 companies and 40 government departments are now using ODR.Β 
  • The RBI released an ODR policy for digital payments, the MSME sector saw the introduction of the SAMADHAAN portal and the Department of Legal Affairs is in the process of collating the details of ODR service providers across the country.
  • Recently, a non-profit organisation called Ajeevika Bureau part of Aajeevika’s Legal Education and Aid Cell (LEAD) employed ODR to resolve over 3,000 wage disputes from during the pandemic times between migrant labourers and their contractors.

Challenges:

  • Β Structural challenges– lack of digital literacy and digital infrastructure.
  • Behavioural challenge– lack of awareness, lack of trust in ODR and reluctance on part of the Government to use ODR, andΒ 
  • Operational challenges–difficulty in enforcing ODR outcomes, archaic legal processes and shortage of competent Neutrals

Way Forward:

  • Government shall focus on augmenting sufficient capacity and infrastructure in the country to utilise ODR.
  • The current capacity of the ecosystem has to be maximised and then progressively increased for the future.Β 
  • Uniform training standards including practical experience and simulations training on ethics and best practices can be mandated.
  • Private sector should be encouraged to innovate and growΒ  so that both the dispute resolution ecosystem and the Government can benefit in the long run.Β 

Nut Graf: Β Widespread use of ODR can improve the legal health of the society, ensuring increased enforcement of contracts and thereby improve the Ease of Doing Business Ranking for India. Over time, the benefits of ODR and technology in the public court system together can transform the legal paradigm as a whole.

G. Tidbits

1. Kinnow

  • Kinnow is a high yield mandarin and is a hybrid of two citrus cultivators β€˜King’ and β€˜Willow Leaf’.Β 
  • It is mainly grown in Punjab, Himachal Pradesh, Jammu & Kashmir, Rajasthan and some parts of Haryana.Β 
  • This hybrid variety of orange was developed and introduced by Howard.B. Frost in 1935.
  • Harvest of Kinnow is likely to witness a drop of about 50% due to many issues such as polluted canal water due to chemicals from factories.
  • The early summer and increase in temperature in March resulted in fruits and flower shedding.

H. UPSC Prelims Practice Questions

Q1. With reference to biodiversity, striped hairstreak, elusive prince, veined 
palmer and spotted yellow lancer are (Level-Difficult)
  1. Birds
  2. ButterfliesΒ 
  3. Plants
  4. Fishes
CHECK ANSWERS:-

Answer: b

Explanation:

  • All the mentioned names above belong to species of Butterfly.Β Β 
  • Two new species of butterfly namely Striped Hairstreak and Elusive Prince were discoveredΒ  in Arunachal Pradesh in 2020.
  • The veined palmer/Hidari bhawaniΒ  is a butterfly of the family Hesperiidae.Β 
Q2. Typhoon Nanmadol, recently in the news, has made landfall in which of the 
following country? (Level-Medium)
  1. Japan
  2. United States of America
  3. Maldives
  4. Philippines
CHECK ANSWERS:-

Answer: a

Explanation:

  • Typhoon Nanmadol made landfall in southwestern Japan recently.
  • The Japan Meteorological Agency urged millions of people to take shelter from the powerful storm’s high winds and torrential rain.Β 
Q3. Consider the following pairs of revolutions and associated countries  
(Level-Difficult)

Β  Β  Β  Β  Β  Β RevolutionΒ  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β Associated country

  1. OrangeΒ  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Ukraine
  2. TulipΒ  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Kyrgyzstan
  3. JasmineΒ  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β Β Tunisia
  4. LotusΒ  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Β  Egypt

How many of the above pair/s is/are correctly matched?Β 

  1. One pair only
  2. Two pairs only
  3. Three pairs only
  4. All the four pairs
CHECK ANSWERS:-

Answer: d

Explanation:

  • Pair 01 is correctly matched, The Orange Revolution was a series of protests and political events that took place in Ukraine from late November 2004 to January 2005 against corruption and electoral fraud in the 2004 Ukrainian presidential election.
  • Pair 02 is correctly matched, The Tulip Revolution in Kyrgyzstan started after the parliamentary elections in 2005 against then President Askar Akayev’s corrupt, intolerant, and authoritarian regime.
  • Pair 03 is correctly matched, Jasmine Revolution is an uprising in Tunisia that protested against corruption, poverty, and political repression started in 2010. The success of the uprising inspired a wave of similar protests throughout the Middle East and North Africa known as the Arab Spring.
  • Pair 04 is correctly matched,The 2011 Egyptian revolution took place in 2011 against increasing police brutality of then president Hosni Mubarak’s rule.
    • It is also known as the 25 January revolution, Freedom Revolution Rage Revolution or Lotus Revolution.
Β Q4. Consider the following statements about Mission Innovation initiative 
(Level-Medium)
  1. It is a global initiative aimed at catalysing action and investment in research, development and demonstration to make potable water accessible for all.
  2. India is a part of this initiative

Which of the following statement/s is/are correct?Β 

Options:

  1. 1 only
  2. 2 onlyΒ 
  3. Both 1 and 2
  4. Neither 1 nor 2
CHECK ANSWERS:-

Answer: b

Explanation:

  • Statement 01 is incorrect, Mission Innovation is an international initiative to accelerate public and private clean energy innovation to address the issues of climate change, make a clean energy economy for consumers, and generate green jobs and business opportunities.
  • Statement 02 is correct, It is a global initiative of 24 countries including India and the European Union.

Read more on Mission Innovation

Q5. With reference to forced labour (Vishti) in India during the Gupta period, 
which one of the following statements is correct? (Level-Medium)
  1. It was considered a source of income for the state, a sort of tax paid by the people.Β 
  2. It was totally absent in the Madhya Pradesh and Kathiawar regions of the Gupta Empire.
  3. The forced labourer was entitled to weekly wages.
  4. The eldest son of the labourer was sent as the forced labourer.
CHECK ANSWERS:-

Answer: a

Explanation:Β 

  • In the Gupta Age, the term Vishti referred to Forced labour.Β 
  • Forced labour (Vishti) became more common than before in this Gupta period.Β 
  • It was mentioned along with the taxes in the land grant inscriptions which suggest that Vishti was considered as a source of income for the state, a sort of tax paid by the people.

Read the previous CNA here.

CNA 19 Sep 2022:- Download PDF Here

Comments

Leave a Comment

Your Mobile number and Email id will not be published.

*

*