DAILY CURRENT AFFAIRS - 7 AUGUST 2019- 10 MOST IMPORTANT TOPICS FROM THE HINDU

IMPORTANT TOPICS FOR TODAY 

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BY SUMIT BHARDWAJ                                      7th August 2019

LATE SMT SUSHMA SWARAJ

1.Lok Sabha endorses Centre’s decisions on Kashmir        (GS-2)

• Context:The Centre’s decisions setting new terms of engagement with Jammu and Kashmir — by reorganising it as Union Territories, ending its special status under Article 370 and 35 (A) and extending to it all the provisions of the Constitution — were endorsed by the Lok Sabha on Tuesday after a debate that lasted close to seven hours.
• The Lok Sabha approved a resolution abrogating special status to Jammu and Kashmir under Article 370 of the Constitution and a Bill for splitting the State into two Union Territories. The resolution was adopted by the House with 351 members voting in its support and 72 against it, while one member abstained.
• The Bill to create the Union Territories of Jammu and Kashmir, and Ladakh was passed by 370 votes in favour and 70 against. Prime Minister Narendra Modi was present in the House.
• Concept:
• 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.”
• A separate 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 in Revoking
• 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.

2.Museum on PMs likely to be ready by March 2021              (GS-1)

• CONTEXT:The opening of the museum on Prime Ministers of India that is being set up on the premises of Jawaharlal Nehru’s erstwhile residence Teen Murti Estate could be delayed by a few months, sources in the Union Culture Ministry said.
• The museum, the foundation stone for which was laid on October 15, 2018 by the then Culture Minister Mahesh Sharma and Housing and Urban Affairs Minister Hardeep Singh Puri, is likely to be constructed by the Central Public Works Department as per its deadline of March 2020, senior ministry officials said. However, the targeted opening in October 2020 could be pushed due to the work on the exhibits inside the museum, including the digital content that is being created, they said.
• About:
• Status: The Nehru Memorial Museum & Library (NMML) is an autonomous institution under the Ministry of Culture, Government of India. 
• Background: It was established in 1964 in the memory of First Prime Minister (PM) of India, Pandit Jawaharlal Nehru (1889 - 1964).
• Location: It is located in the Teen Murti House, Delhi (the official residence of the first PM).
• Administration: Prime Minister of India Is the President of the NMML.
• NMML Society: It is responsible for all the key decisions regarding the functioning of the memorial.
• Units: It has four major constituents namely –
• a Memorial Museum,
• a Library on modern India,
• a Centre for Contemporary Studies and
• Nehru Planetarium.

3.Poverty rising in Fani-hit areas of Odisha, says study  (GS-1,-3)

• CONTEXT:The level of poverty has gone up in Cyclone Fani-hit districts of Odisha where people from lower-income group have suffered an extreme impact, says an assessment carried out by the Odisha government in collaboration with The World Bank, Asian Development Bank and the United Nations.
• Cyclone Fani, is the first severe, cyclonic storm to have formed in April in India’s oceanic neighbourhood since 1976, according to the records of the India Meteorological Department (IMD).
• According to IMD, it is a consequence of global warming and it is forming due to the warming of the Bay of Bengal basin.
• Data from the IMD’s cyclone-statistics unit show that the Bay of Bengal and Arabian Sea have collectively registered 46 severe cyclonic storms in between 1965-2017.
• Tropical cyclones in the Indian neighbourhood begin as depressions or a gradual build-up of warm air and pockets of low pressure. About 35% of such formations intensify to cyclones and only 7% intensify to very severe cyclones.
• The IMD ranks cyclones on a 5-point scale.
• The World Bank:
• The World Bank is an international financial institution that provides interest-free loans and grants to the governments of poorer countries for the purpose of pursuing capital projects. 
• Headquarters: Washington, D.C., United States
• Membership: 189 countries (IBRD); 173 countries (IDA)
• Parent organization: World Bank Group
• Founders: John Maynard Keynes, Harry Dexter White
• Asian Development Bank :
• The Asian Development Bank is a regional development bank established on 19 December 1966, which is headquartered in the Ortigas Center located in the city of Mandaluyong, Metro Manila, Philippines. The company also maintains 31 field offices around the world to promote social and economic development in Asia. 
• Headquarters: Mandaluyong, Philippines
• President: Takehiko Nakao
• Founded: 19 December 1966
• Membership: 68 countries
• Purpose: Economic development
• United Nations:
• The United Nations is an intergovernmental organization tasked with maintaining international peace and security, developing friendly relations among nations, achieving international co-operation, and being a centre for harmonizing the actions of nations. 
• Headquarters: New York, New York, United States
• Founded: 24 October 1945, San Francisco, California, United States
• Secretary general: António Guterres
• Subsidiaries: UNESCO, United Nations Security Council, MORE
• Founders: India, United States, Australia, United Kingdom, Iran, ETC
• Awards: Nobel Peace Prize, Academy Award for Best Documentary Short Subject, Peabody Award

4.‘Don’t pack toys and food together’FSSAI issues advisory against practice

(GS-2,3)

• CONTEXT:The Food Safety and Standards Authority of India (FSSAI) has issued an advisory asking all States and Union Territories to discourage the practice of packing of toys/gifts with food products for infants and small children as there are chances of contamination and risk of accidental ingestion.
• It has become a common practice for manufacturers to attract sales by adding small toys/gifts inside food packets. Several brands of chips and even chocolates come along with small toys/ gifts inside the packet. Some brands of chips packets even have tattoo stickers inside.
• Food Safety and Standards Authority of India (FSSAI) :
• What is FSSAI?
• Food Safety and Standards Authority of India (FSSAI) is an autonomous statutory body established under the Food Safety and Standards Act, 2006 (FSS Act).
• Ministry of Health & Family Welfare, Government of India is the administrative Ministry of FSSAI.
• Headquarters: Delhi.
• Genesis
• FSS Act, 2006 consolidates various acts & orders that had earlier handled food related issues in various Ministries and Departments, such as–
• Prevention of Food Adulteration Act, 1954
• Fruit Products Order, 1955
• Meat Food Products Order, 1973
• Vegetable Oil Products (Control) Order, 1947
• Edible Oils Packaging (Regulation) Order 1988
• Milk and Milk Products Order, 1992
• These were repealed after commencement of FSS Act, 2006.
• FSSAI was consequently established in 2008 but work within the Food Authority effectively began in 2011 after its Rules and key Regulations were notified.
• This marked a shift from a multi-level to a single line of control with focus on self-compliance rather than a pure regulatory regime.
• 7 Key Processes
• Set standards of food products
• Develop safe food practices
• License food businesses
• Ensure compliance through inspections
• Test food for standards
• Train and build capacity
• Citizens Outreach
• Functions
• Framing of regulations to lay down the standards and guidelines of food safety.
• Granting FSSAI food safety license and certification for food businesses.
• Laying down procedure and guidelines for laboratories in food businesses.
• To provide suggestions to the government in framing the policies.
• To collect data regarding contaminants in foods products, identification of emerging risks and introduction of rapid alert system.
• Creating an information network across the country about food safety.
• Promote general awareness about food safety and food standards.
• FSSAI Legislative Framework:
• Highlights of the Food Safety and Standard Act, 2006
• The Act aims to establish a single reference point for all matters relating to food safety and standards, by moving from multi- level, multi-departmental control to a single line of command.
• The Act established FSSAI and the State Food Safety Authorities for each State.
• Highlights of Food Safety and Standards Rule, 2011. The Rules provides for:
• The Food Safety Appellate Tribunal and the Registrar of the Appellate Tribunal, for adjudication of food safety cases.
• Highlights of Food Safety and Standards Regulations 2011
• It covers Licensing and Registration, Packaging and Labelling of Food Businesses, Food Product Standards and Food Additives Regulation.
• It prohibits and restricts on sales or approval for Non-Specified Food and Food Ingredients, such ingredients may cause harm to human health.
• It provides for Food Safety and Standards on Organic Food and regulates Food Advertising.

5.Consumer Protection Bill gets RS green light

(GS-2)

• CONTEXT: It will replace the Consumer Protection Act of 1986
• The Rajya Sabha on Tuesday passed the Consumer Protection Bill, 2019 that provides for the establishment of authorities for the timely and eff??ective administration and settlement of consumer disputes
• Consumer Protection Bill 2019:
• This Bill is similar to the Consumer Protection Bill, 2018. Therefore please refer to our legislative brief on the 2018 Bill.
• The Consumer Protection Bill, 2019 was introduced in Lok Sabha by the Minister of Consumer Affairs, Food and Public Distribution, Mr. Ram Vilas Paswan on July 8, 2019 AND YESTERDAY IT WAS PASSED IN RAJYA SABHA AS WELL … The Bill replaces the Consumer Protection Act, 1986.  Key features of the Bill include:
• Definition of consumer: A consumer is defined as a person who buys any good or avails a service for a consideration.  It does not include a person who obtains a good for resale or a good or service for commercial purpose.  It covers transactions through all modes including offline, and online through electronic means, teleshopping, multi-level marketing or direct selling.
• Rights of consumers: Six consumer rights have been defined in the Bill, including the right to: (i) be protected against marketing of goods and services which are hazardous to life and property; (ii) be informed of the quality, quantity, potency, purity, standard and price of goods or services; (iii) be assured of access to a variety of goods or services at competitive prices; and (iv) seek redressal against unfair or restrictive trade practices.
• Central Consumer Protection Authority: The central government will set up a Central Consumer Protection Authority (CCPA) to promote, protect and enforce the rights of consumers.  It will regulate matters related to violation of consumer rights, unfair trade practices, and misleading advertisements.  The CCPA will have an investigation wing, headed by a Director-General, which may conduct inquiry or investigation into such violations.
• CCPA will carry out the following functions, including: (i) inquiring into violations of consumer rights, investigating and launching prosecution at the appropriate forum; (ii) passing orders to recall goods or withdraw services that are hazardous, reimbursement of the price paid, and discontinuation of the unfair trade practices, as defined in the Bill; (iii) issuing directions to the concerned trader/ manufacturer/ endorser/ advertiser/ publisher to either discontinue a false or misleading advertisement, or modify it; (iv) imposing penalties, and; (v) issuing safety notices to consumers against unsafe goods and services.

6.Great expectations: on Surrogacy Bill

(GS-2)

• CONTEXT:ACCORDING TO THE WRITER OF THE EDITORIAL…Ending commercial surrogacy will not be possible without regulating ART clinics  ALSO…
• The Surrogacy (Regulation) Bill, 2019, should have come a long time ago. Regulations in the past in the area of child adoption and transplantation of human organs have, historically, borne fruit, effectively putting an end to rampant commercial transactions, and providing a structure by which any excursions outside of the law may be shut down.
• Unregulated assisted reproductive techniques (ART) 
• The Surrogacy (Regulation) Bill, 2019:
• The Bill defines surrogacy as a practice where a woman gives birth to a child for an intending couple with the intention to hand over the child after the birth to the intending couple.
• Regulation of surrogacy: The Bill prohibits commercial surrogacy, but allows altruistic surrogacy.  Altruistic surrogacy involves no monetary compensation to the surrogate mother other than the medical expenses and insurance coverage during the pregnancy.  Commercial surrogacy includes surrogacy or its related procedures undertaken for a monetary benefit or reward (in cash or kind) exceeding the basic medical expenses and insurance coverage.
• Purposes for which surrogacy is permitted: Surrogacy is permitted when it is: (i) for intending couples who suffer from proven infertility; (ii) altruistic; (iii) not for commercial purposes; (iv) not for producing children for sale, prostitution or other forms of exploitation; and (v) for any condition or disease specified through regulations.
• Eligibility criteria for intending couple: The intending couple should have a ‘certificate of essentiality’ and a ‘certificate of eligibility’ issued by the appropriate authority.
• A certificate of essentiality will be issued upon fulfilment of the following conditions: (i) a certificate of proven infertility of one or both members of the intending couple from a District Medical Board; (ii) an order of parentage and custody of the surrogate child passed by a Magistrate’s court; and (iii) insurance coverage for a period of 16 months covering postpartum delivery complications for the surrogate.
• The certificate of eligibility to the intending couple is issued upon fulfilment of the following conditions: (i) the couple being Indian citizens and married for at least five years; (ii) between 23 to 50 years old (wife) and 26 to 55 years old (husband); (iii) they do not have any surviving child (biological, adopted or surrogate); this would not include a child who is mentally or physically challenged or suffers from life threatening disorder or fatal illness; and (iv) other conditions that may be specified by regulations.
• Eligibility criteria for surrogate mother: To obtain a certificate of eligibility from the appropriate authority, the surrogate mother has to be: (i) a close relative of the intending couple; (ii) a married woman having a child of her own; (iii) 25 to 35 years old; (iv) a surrogate only once in her lifetime; and (v) possess a certificate of medical and psychological fitness for surrogacy.  Further, the surrogate mother cannot provide her own gametes for surrogacy.
• Appropriate authority: The central and state governments shall appoint one or more appropriate authorities within 90 days of the Bill becoming an Act.  The functions of the appropriate authority include; (i) granting, suspending or cancelling registration of surrogacy clinics; (ii) enforcing standards for surrogacy clinics; (iii) investigating and taking action against breach of the provisions of the Bill; (iv) recommending modifications to the rules and regulations.
• Registration of surrogacy clinics: Surrogacy clinics cannot undertake surrogacy related procedures unless they are registered by the appropriate authority.  Clinics must apply for registration within a period of 60 days from the date of appointment of the appropriate authority.
• National and State Surrogacy Boards: The central and the state governments shall constitute the National Surrogacy Board (NSB) and the State Surrogacy Boards (SSB), respectively.  Functions of the NSB include, (i) advising the central government on policy matters relating to surrogacy; (ii) laying down the code of conduct of surrogacy clinics; and (iii) supervising the functioning of SSBs.
• Parentage and abortion of surrogate child: A child born out of a surrogacy procedure will be deemed to be the biological child of the intending couple.  An abortion of the surrogate child requires the written consent of the surrogate mother and the authorisation of the appropriate authority.  This authorisation must be compliant with the Medical Termination of Pregnancy Act, 1971.  Further, the surrogate mother will have an option to withdraw from surrogacy before the embryo is implanted in her womb.
• Offences and penalties: The offences under the Bill include: (i) undertaking or advertising commercial surrogacy; (ii) exploiting the surrogate mother; (iii) abandoning, exploiting or disowning a surrogate child; and (iv) selling or importing human embryo or gametes for surrogacy.  The penalty for such offences is imprisonment up to 10 years and a fine up to 10 lakh rupees.  The Bill specifies a range of offences and penalties for other contraventions of the provisions of the Bill.
• assisted reproductive techniques (ART) :
• Assisted reproductive technology (ART) are medical procedures used primarily to address infertility. It includes procedures such as in vitro fertilization. It may include intracytoplasmic sperm injection (ICSI), cryopreservation of gametes or embryos, and/or may involve the use of fertility medication.

7.Idea of dividing Kashmir has a chequered history      (GS-1)

• CONTEXT: The idea of dividing Jammu and Kashmir into two or more parts has a chequered history, tracing its origin to the Dixon Plan of 1950.
• Dixon Plan :
• Sir Owen Dixon, the U.N. Representative who came to the subcontinent pursuant to the Security Council's 1950 resolution on the Kashmir dispute, got much closer to a solution than any mediator earlier or since. An analysis of the Dixon mission, based on unpublished documents.(According to columnist A.G. Noorani in his article in Frontline of October 2002, the Plan had assigned Ladakh to India and northern areas and Pakistan-Occupied Kashmir to Pakistan, besides splitting Jammu between the two. It had proposed a plebiscite in the Kashmir valley.)
• Owen Dixon, an Australian jurist chosen by the United Nations to mediate between India and Pakistan on the J&K issue, in his report of September 1950, suggested a package, which did not find acceptance from India.
• A year later, B.R. Ambedkar, after quitting as Law Minister from the Jawaharlal Nehru Ministry, had suggested the formation of three zones: the area held by Pakistan, the Valley and Jammu-Ladakh. He had also favoured a plebiscite only in the Valley. In September 1952, when the demand for separating Jammu and Ladakh from Kashmir was made in certain quarters, Sheikh Abdullah, who was then Premier of the State, had opposed it.
• Karan Singh, now a senior leader of the Congress and then J&K Governor, in an interview to a foreign newspaper in August 1966, had mooted the idea of separating Jammu from Kashmir and merging it with Himachal Pradesh, which was then a Union Territory. Dr. Singh later said he “disliked” the observation.
• The then Home Minister G. L. Nanda told the Rajya Sabha then that the government had “no intention” of separating Jammu from Kashmir.
• In 1983, former President R.Venkataraman, who was Defence Minister in the Indira Gandhi Cabinet, floated the concept of trifurcating J&K – Ladakh as a Union Territory; Jammu as a State and the Valley as a “separate entity.” He had recorded this suggestion in his book, My Presidential Years (1994).
• In August 1996, veteran leader of the Communist Party of India (CPI), Indrajit Gupta, as Home Minister in the United Front government, was reported to have told BBC that he was in favour of trifurcation of J&K — the Valley, Jammu and Ladakh. When this sparked a row, Gupta clarified that he had been misunderstood.
• A few years later, when a report of the State Autonomy Committee, formed by the J&K government, had triggered a nationwide debate, the Rashtriya Swayamsevak Sangh had renewed the idea of trifurcation. In October 2000, after attending an official meeting in Srinagar, the then Home Minister in the Vajpayee Ministry at the Centre, L.K. Advani rejected the RSS demand.

• 8.Government offers to send 4 Bills for scrutiny  (GS-2)

• CONTEXT: The Bills inlcude DNA Based Technology (Use and Regulation) Bill, Surrogacy (Regulation) Bill, Occupational Safety, Health and Working Conditions Code and Dam Safety Bill.
• Days after the Opposition accused the government of passing Bills without scrutiny, the government has proposed to send four pieces of legislation to a standing committee or a select committee.
• Standing committee :
•  In the Indian Parliament, a Standing committee is a committee consisting of Members of Parliament It is a permanent and regular committee which is constituted from time to time according to the provisions of an Act of Parliament or Rules of Procedure and Conduct of Business Both Houses of Parliament, Rajya Sabha, and Lok Sabha have similar Committee structures with a few exceptions These standing committees are elected or appointed every year, or periodically by the Chairman of the Rajya Sabha or the Speaker of the Lok Sabha, or as a result of consultation between them Important committees are the Committee on Estimates, the Committee on Public Accounts, the Committee on Public Undertakings and DISCs These committees play an important role in exercising a check over governmental expenditure and Policy formulation
• Select committee:
• A select committee is a committee made up of a small number of parliamentary members appointed to deal with particular areas or issues originating in the Westminster system of parliamentary democracy

9.Ahead of Jaishankar's Beijing visit, India tells China to avoid commenting on Ladakh(GS-2)

• CONTEXT:India does not comment on the internal affairs of other countries and similarly expects other countries to do likewise’ said an MEA spokesperson
• The creation of the Union Territory of Ladakh, under the Jammu and Kashmir Reorganisation Bill 2019, is an internal affair, and India expects other countries to avoid commenting on its internal developments, an official of the Ministry of External Affairs (MEA) said on Tuesday.
• The Indian response came after Beijing said that the ending of special status of Jammu and Kashmir undermined its sovereignty.
• "The Jammu and Kashmir Reorganisation Bill 2019 is an internal matter concerning the territory of India. India does not comment on the internal affairs of other countries and similarly expects other countries to do likewise," said the MEA spokesperson.
• The exchanges over Ladakh are expected to set the backdrop for the August 11 to 13 visit to Beijing by External Affairs Minister S. Jaishankar, who will participate in the High Level Mechanism between the two sides.

10. TRIBUTE : SUSHMA SWARAJ.

• 'Uncompromising When it Came to Ideology': Modi Joins Nation in Paying Tribute to Sushma Swaraj
• Sushma Swaraj (14 February 1952 – 6 August 2019) was an Indian politician and a Supreme Court lawyer. A senior leader of Bharatiya Janata Party, Swaraj served as the Minister of External Affairs of India from 26 May 2014 to 30 May 2019. She was the second woman to hold the office, after Indira Gandhi. She was elected seven times as a Member of Parliament and three times as a Member of the Legislative Assembly. At the age of 25 in 1977, she became the youngest cabinet minister of Indian state of Haryana. She also served as 5th Chief Minister of Delhi from 13 October 1998 to 3 December 1998.
• In the 2014 Indian general election, she won the Vidisha constituency in Madhya Pradesh for a second term, retaining her seat by a margin of over 400,000 votes.She became the Minister of External Affairs in the union cabinet on 26 May 2014. Swaraj was called India's 'best-loved politician' by the US daily Wall Street Journal.Sushma Swaraj decided not to contest the 2019 Indian general election due to health reasons as she was recovering a kidney transplant and "save herself from dust and stay safe from infection" and hence did not join the Modi Ministry in 2019.
• Swaraj will be cremated with full state honors today at 3 p.m.

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