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DAILY CURRENT AFFAIRS - 6 AUGUST 2019- 10 MOST IMPORTANT TOPICS FROM THE HINDU

IMPORTANT TOPICS FOR TODAY 

                         http://dailycurrentaffairs-sumit.blogspot.com
                                         
BY SUMIT BHARDWAJ                                          6th August 2019

1.J&K loses its special status, divided into two Uts    (GS-2)

  • CONTEXT:Ending Jammu & Kashmir’s special status in the Indian Union, the BJP government extended all provisions of the Constitution to the State in one go, downsized the State into two Union Territories and allowed all citizens to buy property and vote in the State.
  • Leading the charge, Home Minister Amit Shah piloted two special resolutions and a Bill creating the Union Territories of Jammu & Kashmir and Ladakh through the Rajya Sabha on Monday. While the Union Territory of Jammu and Kashmir will have a legislature, the one in Ladakh will not.
  • The first resolution informed the House that the President had used his powers under Article 370 to fundamentally alter the provision, extending all Central laws, instruments and treaties to Kashmir. However, the drastically altered Article 370 will remain on the statute books.
  • The provisions of Article 370 will cease to exist from the date the President of India issues a notification after the Lok Sabha passes the resolution on Tuesday.
    SOURCE:NDTV

SOURCE:THE HINDU
                                     

SOURCE:THE HINDU BUSINESSLINE

2.RAJASTHAN:Bills against lynching, honour killing passed      (GS-2)

  • CONTEXT:
  • Rajasthan Assembly nod for stringent provisions of punishment and penalties for the offences
  • The Rajasthan Assembly on Monday passed two separate Bills against mob lynching and honour killing, making stringent provisions of punishment and penalties for these offences that were made cognisable and non-bailable. While honour killing will be punishable with death sentence, those convicted of lynching will be punished with life imprisonment and a fine of up to RS 5 lakh.
  • With the passage of the Protection from Lynching Bill, 2019, Rajasthan has become the second State after Manipur to have a dedicated legislation that criminalises mob lynching as a special offence. The Manipur Assembly had passed a similar Bill in December 2018.
  • The Bill provides for appointment of a nodal officer of the rank of Inspector-General of Police to prevent lynchings and establishment of relief camps in safe zones for the victims. It defines lynching as an act of violence, whether spontaneous or planned, by a mob on the grounds of religion, race, caste, sex, place of birth, language, dietary practices, sexual orientation, political affiliation and ethnicity.

3.Surrogacy regulation Bill    passed in Lok Sabha                 (GS-2)

  • CONTEXT: The Lok Sabha on Monday passed the Surrogacy (Regulation) Bill, 2019 by a voice vote. The Bill, introduced by Union Health Minister Harsh Vardhan, seeks to ban commercial surrogacy and provides for constituting a National Surrogacy Board, State Surrogacy Boards, and the appointment of appropriate authorities for the regulation of the practice and process of surrogacy
  • Surrogacy (Regulation) Bill, 2019:
  • Features of the Surrogacy (Regulation) Bill, 2019
  • It provides for constitution of surrogacy boards at the national as well as state levels to ensure effective regulation.
  • It seeks to allow ethical altruistic surrogacy to the intending infertile Indian married couple between the age of 23-50 years for female and 26-55 years for male.
  • Only Indian couples who have been legally married for at least 5 years would be allowed to opt for surrogacy.
  • It makes it mandatory for the couple to obtain a certificate of essentiality and also a certificate of eligibility before going ahead with surrogacy. It also provides that intending couples should not abandon the child born out of surrogacy under any condition.
  • It also stipulates a separate eligibility criterion for the surrogate mother.
  • The surrogate must be a close relative of the intending couple and be a married woman having a child of her own.
  • She should between the age of 25-35 years, not have been surrogate earlier and must be certifiably mentally and physically fit.
  • On the legal status of a surrogate child, the Bill states that any child born out of a surrogacy procedure shall be the biological child of the intending couple.
  • The new born child shall be entitled to all rights and privileges that are available to a natural child.
  • The Bill also seeks to regulate functioning of surrogacy clinics. All surrogacy clinics in the country need to be registered by the appropriate authority in order to undertake surrogacy or its related procedures.
  • The Bill provides for various safeguards for surrogate mothers. One of them is insurance coverage for sometime to cover not only the period of pregnancy but after that also.
  • It also specifies that no sex selection can be done when it comes to surrogacy.

4.External Affairs Minister Jaishankar to visit China ahead of Modi-Xi summit

(GS-2)
  • CONTEXT:External Affairs Minister S. Jaishankar will travel to China on August 11 on a three-day visit ahead of the second informal summit between Prime Minister Narendra Modi and Chinese President Xi Jinping in India in October.
  • The Ministry of External Affairs (MEA), announcing the visit on Monday, said Mr. Jaishankar would hold talks with his Chinese counterpart Wang Yi on bilateral, regional and global issues of mutual interest.
  • It said the HLM reflected the desire on both sides to build greater synergies in the people-to-people ties between the two countries through enhanced exchanges in areas such as tourism, art, films, media, culture and sports.
  • In the second informal summit, Mr. Modi and Mr. Xi are likely to focus on further broadening India-China ties.
  • The two leaders held their first informal summit in April last year in the Chinese city of Wuhan months after bilateral ties came under severe strain following a 73-day stand-off between the Armies of the two countries in Doklam.

  • 5.U.K. joins U.S. to ensure safety of vessels in Gulf          (GS-1,2)

  • CONTEXT: Britain on Monday joined the U.S. in a maritime security mission in the Gulf to protect merchant vessels travelling through the Strait of Hormuz after Iran seized a British-flagged vessel.
  • British officials stressed that there was no change to London’s policy on Iran but joining the U.S. is the most significant non-Brexit foreign policy move to date of PM Boris Johnson’s 12-day-old government.
  • IMPORTANT GEOGRAPHICAL LOCATIONS:
  • PERSIAN GULF:
  • The Persian Gulf is a mediterranean sea in Western Asia. The body of water is an extension of the Indian Ocean through the Strait of Hormuz and lies between Iran to the northeast and the Arabian Peninsula to the southwest. The Shatt al-Arab river delta forms the northwest shoreline.
  • GULF OF OMAN:
  • The Gulf of Oman or Sea of Oman is a gulf that connects the Arabian Sea with the Strait of Hormuz, which then runs to the Persian Gulf. It borders Iran and Pakistan on the north, Oman on the south, and the United Arab Emirates on the west
  • STRAIT OF HORMUZ:
  • The Strait of Hormuz is a strait between the Persian Gulf and the Gulf of Oman. It provides the only sea passage from the Persian Gulf to the open ocean and is one of the world's most strategically important choke points.
  • ARABIAN SEA:
  • The Arabian Sea is a region of the northern Indian Ocean bounded on the north by Pakistan and Iran, on the west by the Gulf of Aden, Guardafui Channel and the Arabian Peninsula, on the southeast by the Laccadive Sea, on the southwest by the Somali Sea, and on the east by India
  • CHABAHAR PORT:
  • Chabahar Port is a seaport in Chabahar located in southeastern Iran, on the Gulf of Oman. It serves as Iran's only oceanic port, and consists of two separate ports named Shahid Kalantari and Shahid Beheshti, each of which has five berths.

6.Government unveils draft e-com norms.

(GS-2)
  • CONTEXT:  To protect the interest of online shoppers, the Department of Consumer Affairs has released draft guidelines on e-commerce that state that an e-commerce entity cannot directly or indirectly influence the price of the goods or services.
  • The draft ‘e-commerce guidelines for consumer protection 2019,’ which adds that e-commerce firms need to ensure that personally identifiable information of customers is protected, is open for stakeholder comments for 45 days or till September 16, 2019.
  • every e-commerce entity needs to publish the name and contact details of the grievance officer on their website along with the mechanism by which users can lodge their complaints.
  • As per the draft, an e-commerce firm cannot falsely represent themselves as consumers or post reviews about goods and services in their name.
  • Besides, it proposed to make it mandatory for firms to display terms of contract with the seller relating to return, refund, exchange, warranty/guarantee, delivery/shipment, mode of payments and grievance redressal mechanism to enable consumers to make informed decisions. The draft also proposes that once an e-commerce firm comes to know about any counterfeit product, and if the seller is unable to provide any evidence that the product is genuine, the firm needs to take down the listing and notify the consumers of the same.

7.Lok Sabha passes transgender protection Bill
(GS-2)
  • CONTEXT:The Lok Sabha on Monday passed the Transgender Persons (Protection of Rights) Bill 2019 by a voice vote. The Bill provides a mechanism for social, economic and educational empowerment of transgenders and was passed 
  • Transgender Persons (Protection of Rights) Bill 2019 :
  • The Bill aims to stop discrimination against a transgender person in various sectors such as education, employment, and healthcare. It also directs the central and state governments to provide welfare schemes for them.
  • The Bill states that a person will be recognised as transgender on the basis of a certificate of identity issued through the district screening committee. This certificate will be a proof of identity as transgender and confer rights under this Bill.
  • Going by the bill, a person would have the right to choose to be identified as a man, woman or transgender, irrespective of sex reassignment surgery and hormonal therapy.
  • It also requires transgender persons to go through a district magistrate and “district screening committee” to get certified as a transperson.
  • The committee would comprise a medical officer, a psychologist or psychiatrist, a district welfare officer, a government official, and a transgender person.

8.Bill for more Supreme Court judges gets Lok Sabha nod    (GS-2)

  • CONTEXT: Union Law Minister Ravi Shankar Prasad on Monday told the Lok Sabha that judges in the higher judiciary should be careful about their observations in ongoing cases and should be pertinent to the case they are hearing.
  • Mr. Prasad made these remarks during the passage of a Bill to increase the strength of judges in the Supreme Court from 30 to 33 in addition to the Chief Justice of India.
  • The Supreme Court (Number of Judges) Act, 1956 was last amended in 2009 to increase the judges strength from 25 to 30 excluding the CJI.
  • Background: This decision of Union Cabinet comes after Chief Justice of India Ranjan Gogoi in letter to Prime Minister Narendra Modi had requested to increase number of judges in the Supreme Court. CJI in his letter had urged to augment judge-strength in SC appropriately so that it can function more efficiently and effectively and go a long way to attain ultimate goal of rendering timely justice to litigant public. He also had mentioned that due to paucity of judges, the required number of Constitution Benches of SC were not being formed to decide important cases involving questions of law. According to written reply by Law Minister to Rajya Sabha there are total 11, 59,331 cases are pending in the Supreme court.
  •  SC Composition: Constitutional and Statutory Provisions The strength of Supreme Court is fixed by law made by Parliament as per Article 124 (1) of Constitution of India. Therefore, the strength can be increased by way of parliamentary legislation. In pursuance of this Parliament has enacted Supreme Court (Number of Judges) Act, 1956, which originally provided for maximum of 10 judges (excluding the CJI). The law was last amended in 2009 to increase judges’ strength from 25 to 30 (excluding the CJI).

9.Clashes keep Hong Kong on edge (GS-2)

  • CONTEXT:Carrie Lam says protesters pose challenge to ‘one country, two systems’ framework
  • Hong Kong riot police clashed on Monday with pro democracy protesters for a third straight day, as the city’s leader warned the City was nearing a “very dangerous situation” and a rare strike caused transport chaos.
  • HONG KONG PROTEST:
  • Reasons behind:
  • The protesters were marching against proposed changes in the law that would allow suspects accused of crimes such as murder and rape to be extradited to mainland China to face trial.
  • Once the law is changed, Hong Kong will also hand over to China individuals accused of crimes in Taiwan and Macau. Macau, like Hong Kong, is a Chinese special administrative region with significant autonomy.
  • China’s response:
  • The government has said that the proposed amendments would “plug loopholes” that allow the city to be used by criminals. It has assured that courts in Hong Kong would make the final decision on extradition, that only certain categories of suspects would be liable, and that individuals accused of political and religious offences would not be extradited.
  • The protesters in Hong Kong are concerned mainly because:
  • China may use the changed law to target political opponents in Hong Kong.
  • Extradited suspects are likely to face torture. Also, they say, the change in the law will deal another blow to Hong Kong’s already crumbling autonomy.
  • International response:
  • Human Rights Watch and the International Chamber of Commerce have warned against changing the law. A body of the US Congress has said it would make Hong Kong vulnerable to Chinese “political coercion”, and the UK and Canada have expressed concern over the potential impact on their citizens in Hong Kong. The EU has sent a diplomatic note.
  • Relationship of Hong Kong with respect to China:
  • The former British colony returned to Chinese rule in 1997, and is semi-autonomous under the “one country, two systems” principle. It has its own laws and courts, and allows its residents a range of civil liberties. Hong Kong does not have an extradition agreement with Beijing.

10. ALL YOU NEED TO KNOW ABOUT …..Article 370 and 35(A) Revoked    (GS-2)

  • On 5th of August 2019, the President of India promulgated the Constitution (Application to Jammu and Kashmir) Order, 2019. 
  • The order effectively abrogates the special status accorded to Jammu and Kashmir under the provision of Article 370 - whereby provisions of the Constitution which were applicable to other states were not applicable to Jammu and Kashmir (J&K).
  • According to the Order, provisions of the Indian Constitution are now applicable in the State.
  • This Order comes into force “at once”, and shall “supersede the Constitution (Application to Jammu and Kashmir) Order, 1954.”
  • THE NEW BILL - the Jammu and Kashmir Reorganisation Bill 2019 - was introduced to bifurcate the State into two separate union territories of Jammu and Kashmir (with legislature), and Ladakh (without legislature).
  • Jammu and Kashmir Reservation (Second Amendment) Bill, 2019 was also introduced to extend the reservation for Economically Weaker Sections (EWS) in educational institutions and government jobs in Jammu and Kashmir.
  • History
  • J&K acceded to the Dominion of India after the Instrument of Accession was signed by Maharaja Hari Singh, the ruler of the princely state of Jammu and Kashmir, on 26 October 1947.
  • Article 370 of the Indian Constitution provided that only Articles 1 and 370 itself would apply to J&K. The application of other Articles was to be determined by the President in consultation with the government of the state.
  • The Constitution Order of 1950 specified the matters on which the Union Parliament would be competent to make laws for J&K, in concurrence with the Instrument of Accession - 38 Subjects from the Union List were added.
  • The Constitution (Application to Jammu and Kashmir) Order, 1954 settled the constitutional relationship of J&K and the Union of India. It made the following provisions -
  • Indian citizenship and all related benefits (fundamental rights) were extended to the 'permanent residents' of Jammu and Kashmir.
  • Article 35A was added to the Constitution (empowering the state legislature to legislate on the privileges of permanent residents with regard to immovable property, settlement in the state and employment)
  • The jurisdiction of the Supreme Court of India was extended to the State.
  • Central Government was given the power to declare a national emergency in the event of external aggression. The power in case of internal disturbances could be exercised only with the concurrence of the State Government.
  • Normalized the financial relations between the Centre and J&K
  • Article 370 - Features and Provisions
  • Present in part XXI of the Indian Constitution which comprises of Temporary, Transitional and Special Provisions with rest to various states of India.
  • Forms the basis of the “Special Status” of J&K.
  • Provides for a separate Constitution of J&K.
  • Limits the Union Parliament’s power to make laws for J&K to those subjects mentioned in the Instrument of Accession (defense, foreign affairs, and communications) and others as and when declared by the Presidential Orders with the concurrence of the Government of the State.
  • Specified the mechanism by which the Article shall cease to be operative. That is, on the recommendation of the Constituent Assembly of the State before the President issues such a notification. However, this provision has been amended by the Constitution (Application to Jammu and Kashmir) Order, 2019.
  • Was it Temporary?
  • The Article was introduced to accommodate the apprehensions of Maharaja Hari Singh who would not have acceded to India without certain concessions.
  • Territorial integrity was of paramount importance to India post-independence, thus, such a special provision was inducted in the constitution.
  • The provision, however, is part of the “Temporary, Transitional and Special Provisions” of our constitution.
  • Moreover, Article 370 could be interpreted as temporary in the sense that the J&K Constituent Assembly had a right to modify/delete/retain it; it decided to retain it.
  • Another interpretation was that accession was temporary until a plebiscite.
  • Issues THAT WILL REVOKE:
  • Article 370 is the bedrock of the constitutional relationship between Jammu and Kashmir and the rest of India.
  • It has been described as a tunnel through which the Constitution is applied to J&K.
  • India has used Article 370 at least 45 times to extend provisions of the Indian Constitution to J&K. This is the only way through which, by mere Presidential Orders, India has almost nullified the effect of J&K’s special status.
  • By the 1954 order, almost the entire Constitution was extended to J&K including most Constitutional amendments.
  • However, abrogating the article altogether may threaten the peace in the state which is already a hotspot of conflicts and militancy.
  • It will completely change the relationship between the state and the rest of India.
  • It will also clear the path for abrogating Article 35A which would allow Indian citizens to purchase land and settle permanently in J&K.
  • Thus, the move is bound to have a significant impact on the demography, culture, and politics of J&K.
  • SOURCE:Times Now
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