Showing posts with label Polity. Show all posts
Showing posts with label Polity. Show all posts

Thursday, 14 May 2015

14-may


Supreme Court guidelines for govt. advertisements using public money (Madhav Menon Committee report)

1)      The Supreme Court restrained the government from publishing the photographs of political leaders, Ministers or prominent persons in government advertisements in a landmark judgment holding that taxpayers’ money cannot be spent to build the “personality cults” of political leaders.

Ø  Holding that such personal glorification and image-making at public expense was a “direct antithesis of democratic functioning.

2)      Exceptions : The court drew an exception to this restraint in the case of the President, the Prime Minister and the Chief Justice of India.

Ø  They have to decide for themselves whether or not their photographs should appear in a government advertisement.

3)      Besides this leeway, the judgment only gives space for publishing the photos of “acknowledged personalities” like Mahatma Gandhi to commemorate their anniversaries.



4)   The Guidelines :

                                i.            The verdict relies on guidelines on ‘Content Regulation of Government Advertising’ framed by a three- member committee, led by legal academician N.R. Madhava Menon. The panel was set up by the Supreme Court in 2014.

                              ii.            The judgment accepted the panel’s guidelines that covers all forms of advertising, including on the Internet, introducing some modifications.

                            iii.            The Madhava Menon Committee wanted the exemption accorded not just to the President, the PM and the CJI but also the Governors and the Chief Ministers.

                             iv.            The judgment differed with the recommendation to impose a special curb on government advertisements on election eve. Drawing a distinction between “government messaging” and “politically motivated ads”, it said such a curb is unnecessary on election eve provided the advertisement serves the public interest and facilitates dissemination of information.

5)   Three member Ombudsman body :

Ø  The Supreme Court improvised on the N.R. Madhava Menon Committee’s recommendations to direct the government to appoint a three-member ombudsman body of persons with “unimpeachable integrity” to monitor and redress violations of the guidelines against publishing of photographs of political leaders, ministers or prominent persons in government advertisements.

Ø  SC disagreed with the panel’s suggestion for a separate performance audit of compliance with these advertisement guidelines, to be conducted on Ministries, departments and agencies.

6)      The court clarified that the judgment was not comprehensive and gave the executive liberty to further work on it in the public interest.

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Status of MDG target : India

1)      India has met only four of ten health targets under the Millennium Development Goals (MDG) and has
made next to no progress on another four, according to WHO’s annual World Health Statistics for 2015

2)      The deadline for achieving MDGs runs out this year.



3)      The report finds that globally, life expectancy at birth has increased by six years for both men and women since
1990.

4)      The world will meet global targets for turning around the epidemics of HIV, malaria and tuberculosis and increasing access to safe drinking water.

5)      The world had substantial progress in reducing child under-nutrition, maternal and child deaths, and increasing access to basic sanitation.

6)      Infant Mortality : Progress in child survival worldwide is one of the greatest success stories of international development.

Ø  Since 1990, child deaths have almost halved — falling from an estimated 90 deaths per 1000 live births to 46 deaths per 1000 live births in 2013.

Ø  Yet the world will not achieve the MDG target of reducing the death rate by two-thirds.

Ø  Less than one-third of all countries have achieved or are on track to meet this target by the end of this year.

Ø  Top killers of children aged less than 5 years are now: pre-term birth complications, pneumonia, birth asphyxia and diarrhoea.

7)      In India, life expectancy grew by eight years between 1990 and 2013.

8)      India has sharply reduced its infant mortality between 2000 and 2013, it still contributes for the most infant deaths globally.

9)      In September, countries will decide on new goals for 2030 : Sustainable Development Goals (SDG)

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Overhaul of Child Labour Laws

1)      The Cabinet has approved a proposal to ban employment of children aged under 14 in all kinds of commercial enterprises.

Ø  The Child Labour Prohibition Act, 1986, imposes the ban on only 18 hazardous industries.

2)      Exception : work done in family enterprises and on farmlands, provided it is done after school hours and during vacations.

3)      The proposed amendment Bill will be in sync with the Right to Education Act that guarantees children aged between six and 14 the right to go to school.

4)      The Cabinet has barred employment of adolescents (14 to 18 years) in hazardous occupations and processes in the chemical industry and mines.

5)      The changes provide for stricter punishment for employers for violation.

Ø  there is no penalty for parents for the first offence

Ø  the employer will be liable for punishment even for the first violation

6)      Opposition :

                                i.            Child rights activists had argued that the definition of family enterprises can include matchbox making, carpet weaving and gem-polishing industries where child labour is in high demand.

                              ii.            They have also argued that the new norms can be used to deny education to the girl child who will be stuck with household work.

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Tuesday, 14 April 2015

11-apr


Law Commission report : ‘Eliminating Discrimination against Persons Affected by Leprosy'

1)      Diagnosis and treatment of leprosy is now considered easier and more effective. Since 1983, the disease is curable with multidrug therapy (MDT).

2)      MDT was successfully assimilated into India's health programmes, leading to a reduction in the overall rate of leprosy incidence. But since 2005 the rate of decline has slowed.

3)      As of 2014, India accounts for 58% of all new leprosy cases in the world. During 2013-14 1.27 lakh new cases were detected.

4)      The Law Commission of India’s 256th Report, ‘Eliminating Discrimination against Persons Affected by Leprosy’, will initiate a new chapter in India’s fight against leprosy.

5)      Its recommendations clearly draw from the constitutional values of dignity, equality and freedoms. It also recognises India’s international obligations arising out of the UN General Assembly Resolution on the Elimination of Discrimination against Persons affected by Leprosy, 2010, as well as its obligations under the UN Convention on the Rights of Persons with Disabilities, 2007.

6)      The focus of the report is on how several of the laws are themselves discriminatory, needing amendment or repeal.

                                i.            Life Insurance Corporation Act, 1956 contains discriminatory provisions wherein higher premium rates are charged from persons affected by leprosy due to a supposedly higher risk to their lives.

                              ii.            Personal laws such as the Hindu Marriage Act, 1955 and the Dissolution of Muslim Marriages Act, 1939 that are also discriminatory, mistaking leprosy as an ‘incurable and virulent disease’.

                            iii.            Persons with Disabilities Act, 1995 does not include all categories of persons affected by leprosy within its purview, denying them special privileges under the law.

7)      Recommendations of the report :

                                i.            The report recommends non-discriminatory laws and affirmative action, for their greater integration into employment and educational institutions.

                              ii.            Controversial recommendation : The report suggests that persons living in colonies for leprosy patients need to be granted ownership title to property in their possession.

8)      Overall, the Commission's recommendations are forward-looking and progressive. They must be implemented soonest.

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Net Neutrality

1)      Net neutrality/network neutrality/Internet neutrality/net equality is the principle that Internet service providers and governments should treat all data on the Internet equally, not discriminating or charging differentially by user, content, site, platform, application, type of attached equipment, or mode of communication.

2)      Neutrality proponents claim that telecom companies seek to impose a tiered service model in order to control the pipeline and thereby remove competition, create artificial scarcity, and oblige subscribers to buy their otherwise uncompetitive services.
 

3)      Examples :

                    i.            In December, 2014 Airtel planned to charge VoIP (Voice over Internet Protocol) data i.e. levying charge on skype calls, video and voice chats etc. They could not implement planned changes due to heavy criticism.

                  ii.            Facebook has announced a tie-up with Reliance Communications to launch Internet.org in India. The tie-up gives subscribers of Reliance Communications who have Internet-enabled handsets free access to 38 websites – a mix of news, music, education, weather and health sites.

                iii.            The recent move incentivising usage of only certain applications under ‘Airtel Zero’ plan.
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Monday, 13 April 2015

8-apr


Real Estate (Regulation and Development) Bill

1)      The Union Cabinet approved the Real Estate (Regulation and Development) Bill, which will address a long-standing demand to set up a regulator for the real estate sector.

2)      The real estate Bill seeks to :

                                i.            protect the interests of consumers

                              ii.            establish regulatory bodies at the Centre and the States for ethical and transparent business practices in the sector

3)      Salient Features of the bill :

a)      Mandatory registration with the Real Estate Regulatory Authority of all projects and real estate agents who sell plots, apartments or buildings.

b)      Disclosure of all information about registered projects such as details of promoters, layout plan, land status, schedule of execution and status of various approvals will be mandatory.

c)      The Bill seeks to enforce the contract between the developer and the buyer

d)      A fast-track mechanism to settle disputes

4)      The Bill is expected to ensure greater accountability on and reduce frauds and delays. Also, it is expected to promote a regulated and orderly growth of the sector.

5)      These measures are expected to boost domestic and foreign investment in the sector and help achieve the objective of the Government of India to provide ‘Housing for All by 2022’, through enhanced private participation.

6)      Difference between new bill and the earlier bill :

                                i.            The earlier Bill mandated that a developer put 70 per cent of the buyer’s investment into an escrow account to be used only for the construction of the particular project. The Housing Ministry brought this down to 50 per cent in the new bill.

                              ii.            The other major change was to bring the commercial segment of the real estate sector within the ambit of the Bill, which  was earlier limited to regulating only the residential segment.

                            iii.            The new Bill now includes a condition that prohibits a developer from changing the plan in a project unless two-thirds of the allottees have agreed for such a change.

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Call '112' for all emergency services

1)      TRAI recommended the use of a single number ‘112’ for all emergency services in the country, including police, fire brigade and ambulance.

2)      Presently, callers in India need to dial in different numbers for different emergencies such as 100 for police, 101 for fire, 102 for ambulance and 108 for emergency disaster management.

3)      From a user’s perspective, it is simpler and desirable to have a single number for all types of emergencies.

4)      The regulator proposed that existing emergency numbers be retained as secondary numbers and the calls made to them be re-routed to ‘112’. However, once calls to the secondary numbers reduce significantly, they can be withdrawn gradually.

5)      Callers seeking help will be able to dial ‘112’ even from mobile or landline phones where outgoing facility has been debarred or the service temporarily suspended.

6)      SMS-based access for the emergency services has also been proposed.

7)      TRAI has recommended setting up of Public Safety Answering Points (PSAPs), which will be akin to a call centre, through which all calls to ‘112’ will be routed.

Ø  When an emergency call is received at the PSAP, it would be answered by a specially trained officer/call taker/ operator based on the type of emergency, dispatchers activate police, fire, medical and other response mechanisms.

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Wednesday, 1 April 2015

1-apr


Gujarat anti-terror bill

1)      The Gujarat Assembly passed the landmark Gujarat Control of Terrorism and Organised Crime Bill 2015.

2)      The new Bill is a reworked version of the Gujarat Control of Organised Crime Bill (GUJCOC), 2003, which was earlier rejected twice by the President due to some of its contentious provisions.

3)      controversial provisions of the Bill :

                                i.            Clause 16 stipulates that a confession made by a person before a police officer not below the rank of Superintendent of Police shall be admissible in the trial of such accused, co-accused, abettor or conspirator.

                              ii.            extension of the period of investigation from the stipulated 90 days to 180 days.

                            iii.            Clause 20 (4) of the Bill makes offences  non-bailable.

                             iv.            power given to investigating agencies to hold the suspect in custody for 30 days.

4)      The Bill makes evidence collected through the interception of wire, electronic or oral communication (phone tapping) admissible in the court.

5)      It provides immunity to the State government from legal action.

Ø  Clause 25 of the Bill states, “No suit, prosecution or other legal proceeding shall lie against the State government or any officer or authority of the State govt. for anything which is in good faith done or intended to be done in pursuance of this Act".

6)      Activists and members of civil society have opposed the draconian provisions of the Gujarat Control of Terrorism and Organised Crime Bill 2015.

7)      Near identical provisions are found in the Prevention of Terrorism Act (POTA), which was repealed in 2004, the Terrorist and Disruptive Activities (Prevention) Act (TADA), which is also repealed and Maharashtra Control of Organised Crime Act (MCOCA) which is still in force.

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Gas pooling for fertilizer sector approved by cabinet

1)      The Cabinet approved a proposal to pool or average out prices of domestic natural gas and imported LNG used by fertilizer plants to make the cost of fuel uniform and affordable.

2)      Fertilizer plants consume about 42.25 million standard cubic metres a day (mscmd) of gas for manufacture of subsidised urea.

Ø  Out of this, 26.50 mscmd comes from domestic fields and the balance 15.75 mmscmd is imported liquefied natural gas (LNG).

Ø  The $5.18 per million British thermal unit price of domestic gas is about half the cost of LNG.

3)      The cost of gas, which is the most important component for production of urea, varies from plant to plant owing to differential rates at which imported LNG is contracted as well as the cost of transportation.

4)      What is gas pooling?

Ø  averaging of different rates of domestic and imported gas to ensure supply of fuel to all urea plants at a uniform delivery cost

5)      Advantages of gas pooling :

a)      help in focusing on improving plant efficiency

b)      help in price advantage in sourcing of LNG

c)      help bring down the cost of fuel

d)      help save subsidy : help save Rs.1,550 crore in subsidy

e)      would benefit 30 urea plants

6)      CCEA had proposed making state-owned gas utility GAIL India as the pool operator.

7)      The pooling mechanism will be effective from next month.

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