HCS,

2012 (Mains)

PERSONS IN NEWS

Aung San Suu-Kyi: Myanmarese pro-democracy leader posted a landslide victory in by- elections. Subhas Joshi has been appointed as Director General (DG) of NSG (National Security Guards). Francois Hollande defeated Nicolas Sarkozy to become the next President of France. Rahul Khullar has been appointed as the new Chairman of the Telecom Regulatory Authority of India (TRAI). Jean-Marc Ayrault took over as the new Prime Minister of France in place of Francois Fillon. Chen Guangcheng: Visually impaired Chinese activist, who recently fled from house arrest. Sarath Fonseka: Former Sri Lankan Army Chief (2005) & Chief of Defence Staff (2009), has been released from Prison. Contested 2010 Presidential elections against Mahinda Rajapaksa. Tomislav Nikolic has been become the President of Serbia. Mahasweta Devi: Magsaysay Award winner, writer, social activist resigned as the head of Bangla Academy. Peter Brabeck: Appointed as Chairman of Formula One Motor Racing. Charles Taylor: Former Liberian President sentenced to 50 years for arming rebels in Sierra Leone. Julian Assange loses his appeal against extradition to Sweden. Takes asylum in Ecuador embassy. Gen BIkram Singh, New Army Chief of India. Hosni Mubarak, Former Egypt President sentenced to Life term for his involvement in killing of protestors. Vice Admiral DK Joshi, designated to take over as the next Naval Chief. VS Sampath, New Chief Election Commissioner. 1

HCS, 2012 (Mains) Ray Bradbury, Science Fiction writer famous for his book Fahrenheit 451, dies. VRS Natarajan: BEML CMD has been suspended due to his suspected involvement in Tatra Truck Deal. Rajat Gupta: Former Goldman Sachs Director is convicted of insider Trading. Elinor Ostrom: Only woman Economics Nobel Prize winner dies. Mehsi Hasan, Pakistani Ghazal icon is no more. Prince Nayef bin Abdul Aziz, Saudi Arabian Crown Prince dies. Prince Salman bin Abdul Aziz: Appointed as Saudi Arabias new Crown Prince Fatou Bensouda: Gambian lawyer appointed as the Chief Prosecutor of International Criminal Court. First African & first Woman to be appointed to this post. ICC is a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes. It came into being on 1 July 2002the date its founding treaty, the Rome Statute of the International Criminal Court, entered into forceand it can only prosecute crimes committed on or after that date. The Court's official seat is in The Hague, Netherlands, but its proceedings may take place anywhere. Liu Yang, First Chinese woman to travel into space aboard Shenzou-9. Antonis Samaras, New Greek PM. Radha Vinod Raju, NIAs founding Chief passes away. Raja Parvez Ashraf, New Pakistan PM. Mohan Vaidya: Ideologue of Nepali Maoists and intellectual guru of Prachanda has decided to split the party due to ideological differences. Fernando Lugo, Paraguay President impeached and replaced by Vice-President, Federico Franco Mohamed Morsy: Muslim Brotherhood leader is the Egypt President Sukhadeo Thorat: Chairman, Indian Council for Social Science Research (ICSSR). Recommendations of committee on deletion of political cartoons from NCERT books led by him have been rejected by National Council for Educational Research & Training (NCERT) and National Curriculum Framework (NCF), 2005 Review Committee Chairman Prof Yash Pal. Pena Nieto, New Mexican President. Leung Chung Ying, New Hong Kong Chief Executive. Hiren Bhattacharya, Assamese poet & Sahitya Akademy Award winner dies Rajkeshwur Purryag: New President of Mauritius. 2

HCS, 2012 (Mains) Captain Laxmi Sehgal: o Leader of Rani Laxmi Bai Regiment of INA o Minister of Women's Affairs in the Azad Hind government o Founding member of AIDWA [All India Democratic Women's Association is womens wing of CPI (M)] o Presidential Candidate in 2002 o 1998: Padma Vibhushan PV Sindhu: Has won the Asian Under-19 Badminton Championship. Thomas Lubanga, Former Congolese warlord has been sentenced to 14 years by ICC for recruiting & using children in conflict situation. Dara Singh, Legendry wrestler and actor is no more. Parthasarthy Shome: Head ICRIER & Taxation Expert appointed as the head of a Panel to frame GAAR guidelines. Rajesh Khanna: Legendry Bollywood actor dies. MC Marykom: Wins bronze in womens boxing 56kg category. Riad Hijab: Syrian PM defects to the rebel side. Hamid Ansari: Former IFS Officer, worked as Indias Permanent Representative to the UN, High Commissioner to Australia, Ambassador to Iran, Afghanistan, UAE & Saudi Arabia. Awarded Padma Shri in 1984. Also worked as the Vice Chancellor of Ailgarh Muslim University. 13th & 14th Vice President of India. Only second after S Radhakrishnan to get a second term. Michael Phelps: American swimmer became the most successful Olympian after winning his 19th medal surpassing Soviet gymnast Larisa Latynina who won total 18 Olympics medals from 1965-1964. Traian Basescu, Romanian President has survived the impeachment referendum piloted by PM Victor Ponta. Chairman N. Rangachary, former CBDT (Central Board of Direct Taxes) heads a committee to suggest taxation measures for IT Sector and Development Centres. Bimal Gurung, President of GJM elected CEO of Gorkha Territorial Administration (GTA). TA is a semi-autonomous administrative body for the Darjeeling hills in West Bengal. The GTA has replaced the Darjeeling Gorkha Hill Council, which was formed in 1988 and administered the Darjeeling hills for 23 years. GTA presently has three hill 3

HCS, 2012 (Mains) subdivisions Darjeeling, Kalimpong, and Kurseong and some areas of Siliguri subdivision under its authority. Syed Nasim Ahmad Zaidi, has been appointed as the New Election Commissioner of India. Laisenia Qarase, the last democratically elected leader in the coup-plagued South Pacific nation, was sentenced to 12 months jail on Friday after being found guilty of corruption. John Dramani Mahama: He was appointed as president of Ghana after the death of President John Atta-Mills.

Yiwu, China: In news for persecution of Indian traders due to payment related disputes. Tipaimukh, Manipur: Deal signed recently by National Hydro Power Company, Sutlej Jal Vidyut Nigam Ltd. and the Manipur government to build the 1,500-MW project.The twin dams, at Tipaimukh and Phulertal, across the cross-border Barak river would dry up rivers and waterbodies downstream, rendering vast farmland arid, hitting agriculture and threatening food security in the north-eastern districts of Bangladesh. th Los Cabos, Mexico: 7 G20 Summit. G20 is group of Finance Ministers & Central Bank Governors of major economies around the world with participation of 19 countries and EU. It was formed in 1999. New Delhi, India: Delhi Investment Summit on Afghanistan was held to promote investment and aid to help reconstruction of the war torn country. Tokyo: International Conference on Afghanistan. $16b pledged. Phnom Penh: ASEAN Summit, 2012 was held here.

HCS, 2012 (Mains)

PLACES IN NEWS

HCS, 2012 (Mains)

NATIONAL NEWS

Justice DM Dharamadhikari Report: Appointed to look into Indian Airlines-Air India merger in 2007, the committee gave its report in January. Ashok Chawla Panel, appointed to ensure transparency in allocation of natural resources like land, coal, petroleum & Natural Gas. Constituted January, 2011. Report Submitted in May, 2011. Recommendations accepted. C Rangarajan Committee: New committee to fix poverty line criteria; Panel on Production Sharing Contracts. Western Ghats ecology expert panel: The Ministry of Environment and Forests had set up a Western Ghats Ecology Expert Panel to recommend steps and help government to preserve, conserve and rejuvenate the ecologically sensitive and significant region. The 14-member panel was chaired by Prof Madhav Gadgil. The report of the panel has been submitted and is awaiting action. IUCN has asked the Indian govt. to take cognizance of the report and act on it. IIP: measures short-term changes in industrial activity in the country. An abstract number, the magnitude of which represents the status of production in the industrial sector for a given period of time as compared to a reference period of time. Base year- 2004-05. Compiled by Ministry of Statistics & Programme Implementation (MoSPI). NPA: NPA is a Non Performing Assets. When any loan and interest remain unpaid for more than 90 days from its schedule date of repayment, then it will be classified as NPA. SAGE (South Asian Gas Enterprise), is pursuing deep-sea natural gas pipeline project from Oman to India, in a consortium with other international companies. SAGE is a project development vehicle set up for the proposed deep-sea natural gas pipeline project from the Middle East to India. SAGE pipeline is expected to transport 30 million metric cubic metres of gas per day, the same volume as what Iran has earmarked for India in the proposed Iran-Pakistan-India pipeline. RBI Measures: Ceiling of SEBI-registered FII Investment in G-Secs (Govt. securities) raised from $15b to $20b. It has been decided to allow Indian companies in the manufacturing and infrastructure sector and earning foreign exchange to avail of 6

 HCS, 2012 (Mains) external commercial borrowing (ECB) for repayment of outstanding rupee loans towards capital expenditure and/or fresh Rupee capital expenditure under the approval route upto a limit of $10 billion. Service Taxation in India has switched from a positive list to a negative list. In positive list regime all the services (119) included in the positive list were subject to taxation while all others are exempt from it. However, in the negative list regime, all the services included in the negative list are exempted from taxation while all others are subject to it. Remittances: Issue of service taxation on remittances into India became a major issue after transformation to negative list regime, as the negative list did not include remittances. The govt. has clarified that word Service excludes transaction in money. Fee or conversion charges on sending such money will also be exempt from service tax. Sachin Tendulkar, Bollywood actress Rekha and business leader Anu Aga have been nominated to the Rajya Sabha. Sachin becomes the first active sportsman to become an MP in India.

HCS, 2012 (Mains)

INTERNATIONAL NEWS

GSPA (Gas Sale Price Agreement) signed for TAPI pipeline. GAIL signed on Indias behalf. Capacity of 99 mmscmd. India, Pak get 38 each. UNHRC is the successor of United Nations Commission on Human Rights and a subsidiary of UNGA. Constituted in 2007, it has 47 seats. Indias poor human rights record was discussed. LIBOR (London Inter Bank Offered Rate): A 3-month interest rate on Inter Bank transfers in London used as a global benchmark in setting interest rates. Was in news for alleged fixing of the interest by various banks. RIMPAC, the Rim of the Pacific Exercise, is the world's largest international maritime warfare exercise. RIMPAC is held biennially in Hawaii. It is hosted and administered by the United States Navy's Pacific Command. 22 nations participated in 2012. Russia & Philippines participated for the first time. UNESCO WORLD HERITAGE LIST: The list is maintained by the international World Heritage Programme administered by the UNESCO World Heritage Committee, composed of 21 states parties. Convention Concerning the Protection of the World Cultural and Natural Heritage was adopted by the General Conference of UNESCO on 16 November, 1972. The Millennium Development Goals (MDGs) are eight international development goals that all 193 United Nations member states and at least 23 international organizations have agreed to achieve by the year 2015. The goals are: o eradicating extreme poverty and hunger, o achieving universal primary education, o promoting gender equality and empowering women o reducing child mortality rates, o improving maternal health, o combating HIV/AIDS, malaria, and other diseases, o ensuring environmental sustainability, and o developing a global partnership for development. 8

HCS, 2012 (Mains)

AWARDS

National Film Awards, 2011: Best Feature film: 'Adaminte Makan Abu' (Malayalam Best Director: Vetrimaran, 'Aadukalam' (Tamil) Best Actor: Dhanush, 'Aadukalam' and Salim Kumar, 'Adaminte Makan Abu' Best Actress: Mitalee Jagtaap, 'Baboo Band Baaja' and Saranya Ponvannan, 'Thenmerku Paruvakaatru' Best Popular Film Providing Wholesome Entertainment: 'Dabangg' Nargis Dutt Award: 'Moner Manush' Best Hindi Film: 'Do Dooni Chaar' Shanti Swarup Bhatnagar Prize 2011 o Biological Sciences: Dr Amit Prakash Sharma of International Centre for Genetic Engineering and Biotechnology, New Delhi & Dr Rajan Sankaranarayanan of CSIR Centre for Cellular & Molecular Biology, Hyderabad o Chemical Sciences: Dr Balasubramanian Sundaram of Jawaharlal Nehru Centre for Advanced Scientific Research, Bangalore & Dr G. N. Sastry of CSIR Indian Institute of Chemical Technology, Hyderabad o Earth, Atmosphere, Ocean & Planetary Sciences: Dr Shanker Doraiswamy of CSIR National Institute of Oceanography, Goa o Engineering Sciences: Shirshendu De of Indian Institute of Technology, Durgapur and Dr U. Ramamurthy of Indian Institute of Science, Bangalore o Mathematical Sciences: Dr Mahan Maharaj of Ramakrishna Mission Vivekananda University, Howrah and Dr Palash Sarkar of Indian Statistical Institute, Kolkata o Medical Sciences: Dr K. N. Balaji of Indian Institute of Science, Bangalore o Physical Sciences: Dr Shiraz Minwalla of Tata Institute of Fundamental Research, Mumbai Man Booker Prize: British novelist 65-year old Julian Barnes was on October 18, 2011 declared as the winner of this years 50,000 Man Booker Prize for his novella, The Sense of an Ending, hailed as an exquisite meditation on growing old, the nature of memory and relationships. 9

 The Commonwealth Heads of Government Meeting. 2011, commonly known as

CHOGM 2011, was the twenty-second Meeting of the Heads of Government of the Commonwealth of Nations. Held in Perth, Australia, between 28 October and 30 October 2011, it was hosted by the Prime Minister of Australia, Julia Gillard. Vice President Hamid Ansari led the Indian delegation. IAAF Athlete of the year Awards: Usain Bolt Jamaican sprinter & Australian hurdler Sally Pearson. 2011 Nobel Prizes: Established in 1895, by Alfred Nobel.

HCS, 2012 (Mains)

o Medicine: The Nobel Prize for Medicine/Physiology is being awarded jointly

to Bruce A. Beutler and Jules A. Hoffmann for their discoveries concerning the activation of innate immunity and to Ralph M. Steinman for his discovery of the dendritic cell and its role in adaptive immunity. While Beutler and Hoffman received half the prize, while Steinmen received the other half.

o Physics: The 2011 Physics Nobel Prize goes to Saul Perlmutter (Lawrence Berkeley
National Laboratory, UC Berkeley), Prof. Brian Schmidt (High Z Supernova search team) and Prof. Adam Reiss (High Z Supernova search team). While Permutter got half the Prize, the other half went jointly to Schmidt and Reiss. The citation reads discovery of the accelerating expansion of the universe by observation.

o Chemistry: The Nobel Prize for Chemistry is being awarded to Daniel Schechtman
from Israel for the discovery of quasi crystals, which was his Nobel citation. He is the sole winner for this years prize.

o Literature: The Nobel Prize for Literature goes to the Swedish poet Tomas
Transtromer. He was awarded the Prize because because, through his condensed, translucent images, he gives us fresh access to reality.

o Peace: The Nobel Peace Prize is awarded jointly to Ellen Johnson Sirleaf, Leymah
Gbowee and Tawakkul Karman for their non-violent struggle for the safety of women and for womens rights to full participation in peace-building work. Remember that this prize is not given in Stockholm, but in Oslo, Norway.

o Economics: The 2011 Economics Nobel, called the Sveriges Riksbank Prize in
Economic Sciences was jointly awarded to Thomas Sargent and Christopher A Sims. 10

 HCS, 2012 (Mains) Their citation says for their empirical research on cause and effect in the macroeconomy. UNESCO-MADANJEET SINGH Award for promotion of tolerance and Non violence conferred in 2002 on Aung San Suu Kyi. Allowed by Myanmar govt. now to accept the award. Madanjeet Singh, UNESCO Goodwill Ambassador, former Diplomat and philanthropist. BCCI Annual Awards: o Polly Umrigar Award (For cricketer of the year): Rahul Dravid. o Col. CK Nayudu Award (For lifetime Achievement): Ajit Wadekar. FIH Player of the Year Award: Jamie Dwyer, Australia. 42nd IFFI Awards: o Golden Peacock (20 lakh each and citation to Dir. & Producer): Colombian Film Porfirio directed by Alejandro Landes. o Silver Peacock (15 lakhs): Iranian film Jodaeiye Nazer az Simin (Nader & Simin: A Separation) directed by Asghar Farhadi. o Special Jury Award (10 Lakhs): Malayalam film Adaminte Makan Abu (Abu, Son of Adam) directed by Salim Ahmed. o Lifetime Achievement Award: Bertrand Tavernier, French Director. AIFF Footballer of the year: Sunil Chetri. FIFA Ballon dor: Lionel Messi (Argentina) & Homare Sawa (Japan). In 2010, the Ballon d'Or and the FIFA World Player of the Year award were merged and the world's best player has since been awarded the FIFA Ballon d'Or each year. Pravasi Bharatiya Divas Samman: Kamal Persad Bissessar, PM Trinidad & Tobago. Anand Satyanand, Governor General, New Zealand. Indira Gandhi Prize for Peace, Disarmament and Development, 2011: 25 L and a plaque. Sheikh Hasina Wajed. The award was introduced by the Indira Gandhi Memorial Trust in 1986. INFOSYS Prize: The Infosys Science Foundation, set up in 2009, instituted the Infosys Prize, an annual award, to honor outstanding achievements of researchers and scientists across five categories : Social Sciences, Physical Sciences, Engineering and Computer Sciences, Mathematical Sciences and Life Sciences, each carrying a prize of rupees 50 Lakh. The award intends to celebrate success in scientific research and stand as a marker of excellence in these fields. 11

HCS, 2012 (Mains) Engineering and Computer Science: Kalyanmoy Deb, IIT Kanpur Life Sciences: Imran Siddiqi, CCMB, Hyderabad. Mathematical Sciences: Kannan Soundarajan, Stanford University. Physical Sciences: Kannan Soundarajan, IISc., Bangalore. Social Sciences: Economics: Raghuram G. Rajan, University of Chicago's Booth School of Business. Political Science and International Relations: Pratap Bhanu Mehta, CPR, New Delhi. Golden Globe Awards: Given by The Hollywood Foreign Press Association. o o o o o o o

Best Screenplay: Woody Allen, Midnight in Paris. 2012 DSC Prize for South Asian Literature: Chinaman , a novel by Singapore-based Sri Lankan writer Shehan Karunatilaka. The Award carries a cash award of $50,000. Gallantry awards, 2012: o Ashok Chakra: Lieutenant Navdeep Singh o Kirti Chakra: Lieutenant Sushil Khajuria Padma awards, 2012: Padma Vibhushan: Exceptional & distinguished service o Shri K G Subramanyan - Art-Painting & Sculpture o Late Shri Mario De Miranda - Art-Cartoonist o Late (Dr.)Bhupen Hazarika - Art- Vocal Music o Dr. Kantilal Hastimal Sancheti - Medicine - Orthopedics o T V Rajeswar - Civil Service Padma Bhushan: distinguished service of a high order o Smt. Shabana Azmi - Art - Cinema o Shri Jatin Das - Art - Painting 12

o o o o o o o o

Best Film, Drama: The Descendants

Best Film, Musical or comedy: The Artist

Best Actor: George Clooney, The Descendants Best Actress: Meryl Streep, The Iron Lady Best director: Martin Scorsese, Hugo

Best animated Film: The adventures of Tintin.

Best Foreign Language Film: A separation, Iran

HCS, 2012 (Mains) o Pandit Buddhadev Das Gupta - Art - Instrumental Music - Sarod o Shri Dharmendra Singh Deol alias Dharmendra - Art - Cinema o Ms. Mira Nair - Art - Cinema o Shri M.S. Gopalakrishnan - Art - Instrumental Music-Violin o Dr. Devi Prasad Shetty - Medicine-Cardiology o Shri Ronen Sen - Civil Service Padma Shri: distinguished service Shri Anup Jalota - Art-Indian Classical Music- Vocal Shri Soman Nair Priyadarsan - Art - Cinema- Direction Smt. Shamshad Begum - Social Work Smt. Reeta Devi - Social Work Shri Yezdi Hirji Malegam - Public Affairs Dr. Swati A. Piramal - Trade and Industry Dr. Mukesh Batra - Medicine-Homeopathy Shri Surjit Singh Patar - Literature and Education - Poetry Smt. Jhulan Goswami - Sports - Women's Cricket Shri Zafar Iqbal - Sports-Hockey Shri Limba Ram - Sports - Archery GD Birla award for Science by KK Birla Foundation: Prof Tapas Kumar Kundu, JN centre for advanced scientific research. The Award carries a cash prize of 1.5 lakh and is given to scientists under the age of 50. Laureus World Sports awards: The Laureus World Sports Awards were established in 1999 by Founding Patrons Daimler and Richemont . The first gala was held on May 25, 2000 in Monte Carlo. o Sportsman of the year: Novak Djokovic (Serbia, Tennis) o Sportswoman of the year: Vivian Cheruiyot (Kenyan distance runner) o Team of the year: FC Barcelona o Lifetime Achievement Award: Bobby Charlton Gold Star of Karadjordje, the highest Civilian decoration of Serbia: Novak Djokovic IOC Women & Sports Awards World trophy for promoting disadvantaged girls in sports: Manisha Malhotra, Former Tennis player. Vyas Samman: Ramadarsh Mishra deo poetry collection Aam ke patte, 2004. 13

HCS, 2012 (Mains) Grammy Awards: Originally called Gramophone Awards, they are given by National Academy of Recording Arts and Sciences of the United States to recognize outstanding achievement in the music industry. Started in 1959. 2012, British singer Adele won 6 awards. US National Humanities Medal: Amartya Sen, for his efforts to increase the understanding of fighting hunger & poverty. Golden Bear at Berlin Film Festival: Italian Film Caesar Must Die. 84th Annual Academy Awards: Given by American Academy of Motion Picture Arts and Sciences (AMPAS). The Oscar statuette is officially named the Academy Award of Merit. Started in 1929. o Best Film: The Artist (First silent film to win Oscars) o Best Director: Michel Hazanavicius, The Artist o Best Actor: Jean Dujardin, The Artist o Best Actress: Meryl Streep, The Iron Lady o Best Animated Feature: Rango. o Best foreign Language Film: A Separation, Asghar Farhadi, Iran Ramon Magsaysay Award: The Ramon Magsaysay Award is often considered Asia's Nobel Prize. The prize was established in April 1957 by the trustees of the Rockefeller Brothers Fund with the concurrence of the Philippine government. Every year the Ramon Magsaysay Award Foundation grants the prize to Asian individuals and organizations for achieving excellence in their respective fields. The awards are given in six categories: Government Service Public Service Community Leadership Journalism, Literature and Creative Communication Arts Peace and International Understanding Emerging leadership Acharya Vinoba Bhave was one of the first recipients of this award in 1958. 2012 Awards: o Chen Shu-Chu from Taiwan, Transforming young lives through a life of giving. o Romulo Davide from the Philippines, Turning farmers into scientist-producers. o Syeda Rizwana Hasan from Bangladesh, Advocating for Social & Ecological justice. 14

HCS, 2012 (Mains) o Yang Saing Koma from Cambodia, Putting science at the service of farmers. o Ambrosius Ruwindrijarto from Indonesia, Creating entrepreneurial ways for community based natural resource management. o Kulandei Francis from India, Breaking the bonds of poverty & injustice. In the year 1979, Francis begun with his organisation, Integrated Village Development Project (IVDP) in Krishnagiri, wherein he initially started with small projects, amongst his achievements, he has conducted night schools in the light of gas lamps, set up first aid centres. Rajiv Gandhi National Sadbhavana Puraskar: Given for outstanding contribution towards promotion of communal harmony, national integration and peace. The award was instituted by All India Congress Committee in 1992 to commemorate the lasting contribution made by the former Prime Minister Rajiv Gandhi. It carries a cash award of Rs. 5 lakhs. It is given on August 20, the birth anniversary of Rajiv Gandhi, which is celebrated as Sadbhavna Diwas D. R. Mehta, the founder and chief patron of Bhagwan Mahaveer Viklang Sahayata Samiti, the organisation known the world over for the affordable artificial Jaipur Foot has been awarded this time. The Templeton Prize is an annual award presented by the Templeton Foundation. Established in 1972 and first awarded in 1973, it is awarded to a living person who, in the estimation of the judges, "has made an exceptional contribution to affirming life's spiritual dimension, whether through insight, discovery, or practical works". The prize is named after Sir John Templeton, an American-born British entrepreneur and businessman, who was knighted by Queen Elizabeth II in 1987 for his philanthropic efforts. Until 2001, the name of the prize was "Templeton Prize for Progress in Religion", and from 2002 to 2008 it was called the "Templeton Prize for Progress Toward Research or Discoveries about Spiritual Realities". It has typically been presented by Prince Philip in a ceremony at Buckingham Palace. This year the award was presented to Dalai Lama. The Pulitzer Prize is an American award for achievements in newspaper and online journalism, literature and musical composition. It was established in 1917 by provisions in the will of American publisher Joseph Pulitzer, and is administered by Columbia University in New York City. Prizes are awarded yearly in twenty-one categories. 2012 Awards: o Drama: Water by the Spoonful, by Quiara Alegra Hudes 15

 HCS, 2012 (Mains) o History: Malcolm X: A Life of Reinvention, by Manning Marable o Poetry: Life on Mars, by Tracy K. Smith o General Non Fiction: The Swerve: How the World Became Modern, by Stephen Greenblatt o Biography: George F. Kennan: An American Life, by John Lewis Gaddis o Music: Kevin Puts for Silent Night: Opera in Two Acts

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HCS, 2012 (Mains)

RiSAT 1: India successfully launched its first indigenously developed all-weather Radar Imaging Satellite (RISAT-1) from its Sriharikota launch station. It is Indias first microwave remote sensing satellite, which will help in agricultural and disaster management. SPACE X: First Commercial Organization to launch its spacecraft (Dragon Space Capsule) towards ISS. Rocket used was Falcon 9. The Bay of Bengal Large Marine Ecosystem Project (BOBLME) is a cross-region programme that brings together eight countries (Maldives, India, Sri Lanka, Bangladesh, Myanmar, Thailand, Indonesia, and Malaysia) to improve the lives of the coastal populations through improved regional management of the Bay of Bengal environment and its fisheries. It is being conducted under the aegis of FAO, Regional Office for Asia & Pacific, Bangkok. Started in 2005. IPV6: A communication protocol over the Internet, intended to replace currently used IPV4. It will provide 2128 as compared to 232 provided by IPV4. Internet Corporation for Assigned Names and Numbers (ICANN) assigns IP addresses. Mars Science Laboratory Spacecraft is a NASA mission to Mars launched on November 26, 2011. It carries Curiosity Rover, which is a robotic rover that has landed on the surface of Mars.

SCIENCE & TECHNOLOGY

17

UEFA Champions League (Founded in 1955): Chelsea bt. Bayern Munich. Vishwanthan Ananad became FIDE (International Chess Federation) World Champion by beating Israels Boris Gelfand for fifth time. Sultan Azlan Shah Cup, 2012: New Zealand bt Argentian. India wins bronze. Started in 1983 as a biennial event. Converted into Annual event in 1998. French Open, 2012: o Mens Singles: Rafael Nadal (Spain) bt. Novak Djokovic (Serbia). Surpassed Bjorn Borg by winning his 7th French Open title. o Womens Singles: Maria Sharapova (Russia) bt. Sara Errani (Italy) o Mens Doubles: Max Mirnyi (Belarus)/Daniel Nestor (Canada) bt Mike&Bob Brown (USA) o Womens Doubles: Sara Errani/Roberta Vinci (Italy) bt Maria Kirilenko/Nadia Petrova (Russia). Indonesian Open Super Series Badminton: Saina Nehwal bt Li Xuerui (China). Tour de France: Bradley Wiggins (Britain) wins. Euro Cup, 2012: o Organized by UEFA. o Hosted by Poland & Ukraine. o Spain bt. Italy. o Golden boot: Fernando Torres, Spain o Best Player: Andres Iniesta, Spain o Trophy: The Henri Delaunay Trophy o Slogan: Creating History Together o Mascots: Slavek & Slavko o Started in 1960 as UEFA European Nations Cup. o In 1968 renamed as UEFA European Football Championship o Germany & Spain have 3 titles each. o Spain became the only side to win two consecutive titles. Wimbeldon, 2012: 18

HCS, 2012 (Mains)

SPORTS

HCS, 2012 (Mains) o Mens Singles: Roger Federer (Switz.) bt. Andy Murray (Britain). Equalled Pete Samprass 7 titles at Wimbeldon. o Womens Singles: Serena Williams (USA) bt. Agnieszka Radwanska (Poland) o Mens Doubles: Jonathan Marray (Britain)/Fredrik Nielson (Denmark) bt. Robert Lindstedt (Swtz.)/Horia Tecau (Romania) o Womens Doubles: Serena/Venus Williams (USA) bt Andrea Hlavackova/Lucie Hradecka (CZCH) o Mixed Doubles: Mike Bryan/Lisa Ray (USA) bt Leander Paes (Ind) & Elena Vesnina (Russia) Indias Snooker player Adiyta Mehta became the third Indian ever to win the Asian Snooker Championship held in Doha. Aditya beat another Indian Snooker player Pankaj Advani by 7-5 to win the title.

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HCS, 2012 (Mains)

DEFENCE

Lakshya: Pilotless Aircraft, manufactured by Aeronautical Development Establishment (ADE) of DRDO. Speed: Upto 0.65 Mach, Height: 9Kms, Range: 150 Kms. Akash Missile: The Akash is a surface-to-air missile with an intercept range of 30 km. It can reach a speed of around Mach 2.5 and an altitude of 18 km. Fitted with Rajendra RADAR. NAMICA (Nag Missile Carrier) is a tank destroyer built for the army. It is equipped with a thermal imager for target acquisition. The carriers are capable of carrying 12 missiles with 8 in ready-to-fire mode. It has top attack and fire and forget capability. INS Chakra: Indian Navy has formally introduced its new nuclear-power enabled submarine INS Chakra that it has taken as a 10-year lease from Russia for around USD 1 billion. The nuclear powered submarine has unlimited power generation facility under the water compared to diesel run conventional submarines and it can stay under the water without being worried about power generation Agni V: India successfully test-fired its most-ambitious strategic missile Agni-V for the first time. The missile can carry nearly 1 ton of nuclear warhead and target any range up to 5000 km. This puts India in the ICBM (intercontinental ballistic missile) club, which has members like US, Russia, China, France and UK.

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HCS, 2012 (Mains)

SOME CURRENT ISSUES IN PERSPECTIVE

Land Acquisition Bill tabled in Parliament

The process of land acquisition becoming more sensitive to the grievances of the owner earned a better prospect as the Land Acquisition Rehabilitation and Resettlement Bill was tabled in Parliament on September 7, 2011. The Bill has made several revisions/modifications to the draft introduced in July 2011. Following are the important points mentioned in the Bill. Conditions for acquiring land: The Bill suggests that industry is free to acquire land in cases where the matter pertains to below 50 acres in urban areas and 100 acres in rural areas, but that it would require mutual negotiation with the farmers/landowners to arrive at a price. Consent of 80 per cent of people will be made mandatory except where land is acquired for public purpose. Level of compensation: Striking a balance between those who need land like the state itself, industry and other private entities and those who are ready to sell it, the bill provides for compensation of land owners at the rate of four times the market value of a given piece of land whether it is for public or private purpose in rural areas and at the rate of two times in urban areas. In the original draft bill, this was six times in rural areas. Thus the concerns of those seeking to buy land have been kept in mind. Return of unutilised land: Originally, if land was not used by industry for over five years, it was to revert to the owner. This period has now been increased to ten years. If the land is not used for the stated purpose it will be returned to the state government land authority and not the owner. Acquisition of agricultural land: While the original draft excluded all irrigated multi-crop land from acquisition, the Bill would allow acquisition of such land up to five per cent provided an equal area of wasteland in the district is developed. It, however, does not 21

 HCS, 2012 (Mains) provide for returning this re-developed land to the cultivator whose irrigated land was acquired. Nor does it explain who would then cultivate this new land. No consent required for government acquisition of land for its own use: The Bill rules out the need for consent for public projects like railways, power projects and canals. Land for private companies can come under public purpose: The Bill would allow the government to acquire land for private companies for a public purpose if it is more than 100 acres. The definition of public purpose includes infrastructure, urbanisation and strategic purposes. The government can, for instance, buy all the land and give it to industry; or industry is free to acquire all the land on its own or only a part of it. But compensation and R&R (Rehabilitation and Resettlement) will apply in all cases, no matter which agency acquires the land. If industry has acquired land on its own at lower rates, and requests the government to acquire more land for reasons of contiguity, the rates of compensation can not be different for the two parcels of land. The private parties will be forced the pay the higher rate of compensation even for the land it had bought on its own. People losing livelihoods also get R&R benefits: The people who lose their land and livelihood get the same Resettlement and Rehabilitation (R&R) benefits. In the earlier bill, those who lost livelihood got a better package than those who merely lost land. There is an elaborate package for R&R and this provides wider choice. What if acquired land is sold by the acquirer: While land would be lost if not used in ten years, every transfer of land would mean payment of 20 per cent of the appreciated land value to the original owner. Monitoring agency: The Bill also sets up a new institutional structure to enforce the various provisions. At the Central level it provides for a national monitoring committee which would oversee all projects. At the State level, it provides for the State LA and RR Authority to resolve disputes like a civil court, a committee under the chief secretary to determine whether projects are for public purpose, and an RR commissioner to administer LA and RR in the State. Responses: The industry has expressed apprehensions about the Bill especially the R&R (rehabilitation and resettlement) component, saying it is impracticable while the civil 22

 HCS, 2012 (Mains) society has criticised it for not giving any role to the community and reducing the Bill to a land apportionment procedure rather than a process of inclusive development. R. R. Singh, director general, NARDECO (National Real Estate Development Council), said the compensation could have been reduced to double the market rate.

Prime Ministers State Visit to Bangladesh

o Agreements and MoUs signed during the visit o Framework Agreement on Cooperation for Development; o Protocol to the Agreement Concerning the Demarcation of the Land Boundary between India and Bangladesh and Related Matters; o Addendum to the MOU between India and Bangladesh to Facilitate Overland Transit Traffic between Bangladesh and Nepal; o MOU on Renewable Energy Cooperation; o MOU on Conservation of the Sunderban; o Protocol on Conservation of the Royal Bengal Tigers of the Sunderban; o MOU on Cooperation in the field of Fisheries; o MOU on Cooperation on Mutual Broadcast of Television Programmes; o MOU between Jawaharlal Nehru University and Dhaka University; o MOU on Academic Cooperation between National Institute of Fashion Technology (NIFT), India and Bangladesh Garment Manufacturers and Exporters Association (BGMEA) Institute of Fashion Technology (BIFT).

India and UAE sign revised MoU on manpower

o Vayalar Ravi, Union Minister of Overseas Indian Affairs and Civil Aviation and Saqr Ghobash Saeed Ghobash, Minister of Labour of United Arab Emirates signed a revised Memorandum of Understanding (MoU) on manpower in New Delhi on September 13, 2011. The revised MoU will boost the initiative of the 23

 HCS, 2012 (Mains) Ministry in implementing Web Based Attestation Procedure for employment contracts for emigrant workers in UAE by the Embassy of India, Abu Dhabi. o It is estimated that there are approximately 17.5 lakh Indians in the UAE, constituting the largest expatriate community in that country. Out of this, about 13.5 lakh are emigrant workers, mostly employed in construction, services and household sectors. India-UAE trade, valued at US$ 180 million per annum in the 1970s, is today around US$44 billion making UAE, Indias largest trading partner. There is an estimated US$6 billion UAE investment in India of which about US$ 1.92 billion is in the form of foreign direct investment, while the remaining as portfolio investment. UAE is the tenth biggest investor in India in terms of FDI. The annual remittances made by the large Indian community in UAE (estimated to be around 1.75 million) amount to over US $5 billion.

The MoU provides for the following: (I) Facilitation of the recruitment of Indian manpower for working in the UAE; (ii) Broad procedure for employment of workers; (iii) Responsibilities of the employers and workers; (iv) Exchange of knowledge and experience in job-creation and generation of employment opportunity; (v) Protection and welfare of workers under the labour laws and regulations of the host country; (vi) Authentication of the work contract between the Employer and the employee by the Ministry of Labour, Government of UAE; and (vii) Constitution of a Joint Committee comprising of at least three Members each from both the Governments to implement the provisions of the MoU.

Court of Arbitration stays Permanent works on Kishenganga dam

o In a setback to India in its dispute with Pakistan over the Kishenganga project in Jammu and Kashmir, the Court of Arbitration on September 26, 2011 restrained New Delhi from undertaking any permanent dam works on or above the river bed that might inhibit the flow of the river. The court did not place any restriction on India going ahead with construction of other components of the dam, namely the water conductor system, coffer dams, the temporary by-pass tunnel and excavation below the river-bed level. As per international law, India

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 HCS, 2012 (Mains) will do so at its own risk in case the final order provides for changes in the project design. o Pakistan, which had taken the matter to the court, had sought full moratorium on the entire 330 MW Kishenganga project under construction in Baramulla district. New Delhi has to file a counter-petition by November on why it is right and Islamabads objections do not hold. In the dispute over the project, Pakistan maintains that it has the rights over the western rivers including Jhelum (of which Kishenganga is a tributary) and diversion of waters by India for its project on Kishenganga will adversely affect its project on Neelam river (as Jhelum is called in Pakistan).

India, however, holds that it is well within its rights under the Indus Waters Treaty to deliver waters into a tributary to the extent that the then existing agriculture and hydroelectric uses by Pakistan are not affected. New Delhi says that so far Pakistan has not given details of any agriculture use and its hydroelectric use is also non-existent.

o
AFSPA

Before this, Pakistan had taken the matter of Indias 450 MW Baglihar hydroelectric dam to a neutral expert. At Islamabads behest the works on the Tulbul Navigation project have also been stayed at the bilateral level.

What is the Armed Forces (Special Powers) Act?

The Armed Forces (Special Powers) Act, 1958 (AFSPA) was preceded by the Armed Forces
(Assam and Manipur) Special Powers Ordinance 1958. The Ordinance gave the armed forces certain special powers in the 'disturbed areas' of Manipur and Assam. It was replaced by AFSPA on September 11, 1958. Currently, AFSPA is applicable to the seven states of the North-East, i.e. Assam, Manipur, Mizoram, Arunachal Pradesh, Meghalaya, Nagaland and Tripura. AFSPA empowers the governor of the state, or the central government to declare any part of the state as a 'disturbed area', if in its opinion there exists a dangerous situation in the said area which makes it necessary to deploy armed forces in the region.

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When did the act cover Jammu and Kashmir?

HCS, 2012 (Mains)

In the backdrop of the growing insurgency in Jammu and Kashmir, the Central government
issued a similar enactment known as the The Armed Forces (Jammu and Kashmir) Special Powers Act, 1990. It empowers the governor or the Central government to declare any part of the state as a 'disturbed area' if in its opinion special powers are required to prevent (a) terrorist acts aimed at overthrowing the government, striking terror in the people, or affecting the harmony of different sections of the people or (b) activities which disrupt the sovereignty of India, or cause insult to the national flag, anthem or India's Constitution.

What are the special powers given to army officials?

Under Section 4 of the AFSPA, an authorised officer in a disturbed area enjoys certain
powers. The authorised officer has the power to open fire at any individual even if it results in death if the individual violates laws which prohibit (a) the assembly of five or more persons; or (b) carrying of weapons. However, the officer has to give a warning before opening fire. The authorised officer has also been given the power to (a) arrest without a warrant; and (b) seize and search without any warrant any premise in order to make an arrest or recovery of hostages, arms and ammunitions. Individuals who have been taken into custody have to be handed over to the nearest police station as soon as possible. Prosecution of an authorised officer requires prior permission of the Central government.

What has been the role of the judiciary?

There were questions about the constitutionality of AFSPA, given that law and order is a
state subject. The Supreme Court has upheld the constitutionality of AFSPA in a 1998 judgement (Naga People's Movement of Human Rights v. Union of India). In this judgement, the Supreme Court arrived at certain conclusions including (a) a suo- motto declaration can be made by the Central government, however, it is desirable that the state government should be consulted by the central government before making the declaration; (b) AFSPA does not confer arbitrary powers to declare an area as a 'disturbed area'; (c) the declaration has to be for a limited duration and there should be a periodic review of the declaration 6 months have expired; (d) while exercising the powers conferred upon him by AFSPA, the authorised officer should use minimal force necessary for effective action, and (e) the authorised officer should strictly follow the 'Dos and Don'ts' issued by the army. 26

Has there been any review of the Act?

HCS, 2012 (Mains)

On November 19, 2004, the Central government appointed a five member committee
headed by Justice B P Jeevan Reddy to review the provisions of the act in the north eastern states. The committee submitted its report in 2005, which included the following recommendations: (a) AFSPA should be repealed and appropriate provisions should be inserted in the Unlawful Activities (Prevention) Act, 1967; (b) The Unlawful Activities Act should be modified to clearly specify the powers of the armed forces and paramilitary forces and (c) grievance cells should be set up in each district where the armed forces are deployed. The 5th report of the Second Administrative Reforms Commission on public order has also recommended the repeal of the AFSPA. These recommendations have not been implemented.

What is the present status of the Act?

In Manipur, Irom Sharmila has been on an indefinite fast for 11 years, seeking the repeal of
the act in Manipur. Till date, the government has not agreed to this demand. Recently, the Jammu and Kashmir government has asked for some parts of the state to be removed from the list of 'disturbed areas'. However, the army has opposed this and according to news reports, a compromise formula is being framed to be discussed at the meeting of the unified command (the highest decision making body on the security affairs of the state). At the time or writing this post, the matter was still under consideration.

PRESS COUNCIL OF INDIA

The Press Council of India was first set up in the year 1966 by the Parliament on the
recommendations of the First Press Commission with the object of preserving the freedom of the press and of maintaining and improving the standards of press in India. The present Council functions under the Press Council Act 1978. It is a statutory, quasi judicial body which acts as a watchdog of the press. It adjudicates the complaints against and by the press for violation of ethics and for violation of the freedom of the press respectively. The Press Council is headed by a Chairman, who has by convention, been a retired judge of the Supreme Court of India. The Council consists of 28 other members of whom 20 represent the press and are nominated by the press organisations/news agencies recognised and notified by the Council as all India bodies of categories such as editors, working journalists and owners and managers of newspaper, 5 members are nominated 27

HCS, 2012 (Mains) from the two houses of Parliament and 3 represent cultural, literary and legal fields as nominees of the Sahitya Academy, University Grants Commission and the Bar Council of India. The members serve on the Council for a term of three years. The Council is funded by revenue collected by it as fee levied on the registered newspapers in the country on the basis of their circulation. No fee is levied on newspapers with circulation less than 5000 copies. The deficit is made good by way of grant by the Central Government, through Ministry of Information and Broadcasting.

MFN STATUS
MFN is a misnomer. Contrary to the literal meaning, MFN status doesnt provide for
special treatment. Rather, MFN simply means non-discrimination among trading partners sharing the status. Thats why in the US and the European Union MFN status is also referred to as normal or third-country trading status. MFN treatment is an obligation in the multilateral trading system put in place by the World Trade Organisation (WTO), and its predecessor the General Agreement on Tariffs and Trade (Gatt). Every WTO member-country is bound not to discriminate against other members in terms of both tariff and non-tariff measures. MFN status cant be conferred merely by products being moved from the positive to the negative list. Trading on the basis of a negative list means that all products are importable save those on the list. If a country is to have MFN status, imports from it must not be discriminated against in any manner by the importing country. Grant of the MFN status, or even preferential treatment, is no guarantee in itself that exports will register a considerable increase, the basic condition for which is competitiveness. The international trading system itself does not specify how much tariffs or non-tariff barriers are to be reduced. The issue is to be settled largely on bilateral level through negotiations. Certain safeguards are available under the WTO to protect domestic industry. For instance, a country can restrict imports of a product if they increase to such a high level as to cause or threaten to cause serious harm to competing domestic products. A country can also restrict imports to overcome balance of payment (BoP) problems.

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THE CIVIL LIABILITY FOR NUCLEAR DAMAGE ACT

CONTEXT
o

HCS, 2012 (Mains)

The Civil Liability for Nuclear Damage Act, 2010 seeks to create a mechanism for compensating victims of nuclear damage arising from a nuclear incident. There are currently 19 nuclear reactors in the country. The Statement of Objects and Reasons of the Act states that it is being enacted to provide for liability arising out of a nuclear incident, and also due to the necessity of joining an international liability regime. There are three major international agreements which form the international framework of nuclear liability: o The Paris Convention of 1960; o The Vienna Convention of 1963; and o The Convention on Supplementary Compensation for Nuclear Damage of 1997. India is not a party to any of these conventions presently. India has also signed some agreements with other countries (including USA, UK, Russia, France, and Canada) for co- operation in use of nuclear energy for civilian purposes. The India-France agreement explicitly states that India has to create a civil nuclear liability regime for compensating damage caused by incidents involving nuclear material and nuclear facilities. Though there are more than four hundred nuclear reactors operating worldwide, there have been only three major accidents in nuclear reactors in which human lives have been lost. However, damage caused in a major nuclear accident may be huge. The objective of this Act is to provide quick compensation in the event of a nuclear incident. International agreements have certain common features to address this issue: Fixing no-fault liability on operators and requiring them to take insurance or provide financial security. Limiting no-fault liability in time and amount. There is a process for expeditious distribution to victims by fixing which court/ authority has jurisdiction.

CONTENTIOUS ISSUES
o

The total liability for a nuclear incident is limited: Regardless of the extent of damage, the total liability would be limited to SDR 300 million. This amount may not be sufficient to provide adequate compensation in case of a major incident. More than six lakh people were affected in Chernobyl. Many other countries which are major producers of nuclear energy do not have a cap on the overall liability for nuclear damage. 29

HCS, 2012 (Mains) The operators liability is lower than in several other countries: The liability of the operator has been capped at Rs 500 crore (USD 109 million at current exchange rates). This means that if the nuclear damage exceeds this amount, the central government is liable to compensate victims subject to a cap of 300 million SDR. Several countries which are major producers of nuclear power have a higher limit on the liability of the operator. Indias access to international funds may be blocked: The Convention on Supplementary Compensation of 1997 creates an international pool of funds which can be accessed in case liability due to nuclear damage exceeds SDR 300 million. The Act limits the total liability for a nuclear incident at SDR 300 million. This implies that India will not be able to utilize funds available under the Convention as the additional compensation under that Convention is only available if the liability exceeds this amount.

NATIONAL MANUFACTURING POLICY

o The National Manufacturing Policy of India was formulated by the Department of Industrial Policy and Promotion (DIPP), under Ministry of Trade and Commerce. It envisions increasing the contribution of manufacturing sector to 25% of GDP by 2022, doubling of employment in this sector, increasing the competitiveness of the sector and making India a global manufacturing hub. o Steps taken by DIPP to achieve above objectives: Setting up National Manufacturing and Investment Zones (NMIZ): State of art industrial townships developed and managed by a Special Purpose Vehicle (SPV). The first NMIZ shall be set up in Rajasthan along the Delhi Mumbai Industrial Corridor (DMIC). Rationalization and simplification of business regulations to promote investor friendly environment. Creation of world class infrastructure to assimilate technology i.e. green technology. Capacity building and training (CBT), skill up gradations. Creation of simple and expeditious exit mechanism for closure of sick units. Incentives for equity partnerships or venture capitalist in manufacturing hub. The new policy will have special emphasis to make India the workshop of the world, especially in the emerging green industries such as solar power.

MULLAPERRIYAR ISSUE
The Mullaperiyar Dam has been a bone of contention between the TN and Kerala Governments. Mullaperiyar Dam is constructed over the source of the Periyar River in Kerala, India. During the rule of the British in India, a 999-year lease was made and accordingly, the Government 30

HCS, 2012 (Mains) of Tamil Nadu has been operating the dam. The Periyar National Park is located around the backwaters of this dam. The dams reservoir level is the bone of contention between the Kerala and Tamil Nadu governments. Since 1970, Kerala has argued that the dam having outlived its life of 50 years is unsafe to maintain water at 46.3 metresthe full reservoir leveland it should be restricted to 41.45 metres. The government of Tamil Nadu has proposed an increase in the storage level of the dam from the currently maintained 136 feet to 142 feet. The Kerala government has opposed this move, citing safety concerns for the more than hundred year old bridge and especially for the thickly populated districts downstream. A recent study by IIT, Roorkee had discovered that the dam would collapse if at any time an earthquake measuring 6.5 on the Richter scale happened and that nearly forty lakh people who were fearfully anticipating this have to be reassured by allowing the new dam to be built. People in Kerala feel that the 1886 deed should not be continued since it was forced upon the Travancore ruler. In 1970, Kerala did revise the original deed and got fishing rights. It also increased the rent to Rs 30 an acre (0.4 ha) from Rs 5, but water remained free for Tamil Nadu. People in Tamil Nadu argue that Kerala is eyeing extra water from the Mullaperiyar reservoir to generate electricity. Power generation at the Idukki reservoir, downstream of the Mullaperiyar dam will come to a halt if the reservoir level is increased from 41.45 metres to 46.3 metres, Sadasivan points out. The Kerala government, however, maintains that the Idukki project was designed after discounting the 46.3 metres water storage in the Mullaperiyar dam. The issue has come in focus again due to Tamil Nadus ban on a movie Dam 999, based on a similar issue and demands by Kerala to decommission the dam in the face of security issues.

PRESS COUNCIL OF INDIA (PCI)

The PCI was established under the PCI Act of 1978 for the purpose of preserving the freedom of the press and of maintaining and improving the standards of newspapers and news agencies in India. What is the composition of the PCI and who appoints the members?

The PCI consists of a chairman and 28 other members. The Chairman is selected by the Speaker of the Lok Sabha, the Chairman of the Rajya Sabha and a member elected by the PCI. The members consist of members of the three Lok Sabha members, two members of the Rajya Sabha , six editors of newspapers, seven working journalists other than editors of newspapers, six persons in the business of managing newspapers, one person who is 31

 HCS, 2012 (Mains) engaged in the business of managing news agencies, and three persons with special knowledge of public life.

What are its functions?

The functions of the PCI include among others (i) helping newspapers maintain their independence; (ii) build a code of conduct for journalists and news agencies; (iii) help maintain high standards of public taste and foster responsibility among citizens; and (iv) review developments likely to restrict flow of news.

What are its powers?

The PCI has the power to receive complaints of violation of the journalistic ethics, or professional misconduct by an editor or journalist. The PCI is responsible for enquiring in to complaints received. It may summon witnesses and take evidence under oath, demand copies of public records to be submitted, even issue warnings and admonish the newspaper, news agency, editor or journalist. It can even require any newspaper to publish details of the inquiry. Decisions of the PCI are final and cannot be appealed before a court of law.

What are the limitations on the powers of the PCI?

The powers of the PCI are restricted in two ways. (1) The PCI has limited powers of enforcing the guidelines issued. It cannot penalize newspapers, news agencies, editors and journalists for violation of the guidelines. (2) The PCI only overviews the functioning of press media. That is, it can enforce standards upon newspapers, journals, magazines and other forms of print media. It does not have the power to review the functioning of the electronic media like radio, television and internet media.

FOOD SECURITY BILL

The draft law will expand supply of cheaper grains to its poor. It is also expected to give the government a better idea on how much grain India will have left over for exports after maintaining comfortable buffer stocks in a rural economy heavily dependent on the annual monsoon rains. On the flip side, the bill will weigh on efforts to meet a fiscal deficit target of 4.6% in 201112 by nearly doubling India's annual food subsidies to about $23 billion or 2% of GDP. It could also perpetually lock the government into costly subsidies to ensure steady supplies of rice, wheat and coarse grain from domestic production or imports. Here are a few key facts about the bill which is likely to be introduced in parliament later this year and approved without much opposition: 32

HCS, 2012 (Mains) It seeks to cover about 67.5% of India's 1.2 billion people, expanding an existing food subsidy scheme thatcovers about 180 million of India's poorest people who receive about 4 million tonnes of grain every month through licensed "fair price shops". It is not clear if the proposed law will subsume the existing quota to avoid overlap. About 70% of Indians live in rural areas, forming the core voter base of political parties. Nearly 75% of the rural population, or 630 million people, and 50% of urban people, or 180 million people, will be eligible to receive grains at cheaper rates. The beneficiaries are divided into "general" and "priority" households with the latter recognised as the more vulnerable group but yardsticks for this have not been decided yet. The bill identifies 46% of the ruralbeneficiaries and 28% of urban beneficiaries as "priority" households. About 40% of India's population live below $1.25 a day. The "priority" group will get rice at a fixed 3 rupees a kg, wheat at 2 rupees a kg and coarse grain at 1 rupee a kg. The general category, both in rural and urban areas, will get grains at half of the price the government sets for payment to farmers. The annual requirment for rice and wheat under the proposed act will be at least 45.6 million tonnes, calculated on a monthly outlay of 3.8 million tonnes. India's rice and wheat inventories at government warehouses on September 1 stood at 56.3 million tonnes, more than double a target of 26.9 million tonnes. Inflation has stayed stubbornly high over the past year despite overflowing granaries, showing that Indian staples such as rice and wheat are not to blame for high food prices.

FACTS ABOUT RUPEE DEPRECIATION

(a) Rupee had touched around 52.00 against a dollar last month, now hovering around that mark. This is an appreciation of over 30% from the low of 38.00 which the rupee touched last year. If one looks into the history, the dollar always becomes stronger during recession. It is no different this time also. This is mainly because of the risk aversion which happens in these times of recession. Foreign money moves back to the so called safe assets such as US treasuries. (b) The weakening of rupee only accelerates the flight of FII money as they have to bear the brunt of the exchange rates in addition to the already dwindling stock markets. Even the foreign money invested in debt instruments like deposits will lose the advantage of higher interest rates vis-a-vis depreciating rupee. So it the basic reason for increase of outflows of FII money from the Indian markets. (c) This will only worsen as the interest rates are headed downwards. This in fact not applies to the long only FII funds whose investment horizon is of 3 to 5 years or may be more. As the global markets stabilize the money will start to flow to the emerging markets including India. (d) Coming to the imports, the costs have gone up due to the weakening rupee. Last year, it was attractive for Indian companies to import the capital goods for expansion 33

 HCS, 2012 (Mains) purposes. Now they have to shell out more for the same goods. Also companies which have borrowed foreign money under the FCCB route have to shell out more against what they borrowed. Now Indian companies are looking at raising money through debt route domestically. Current account deficit will increase because of the weakening rupee as Indias imports are more than the exports. Crude Oil & capital goods account for most of the imports. Looking at the fact that India is importing 70% of its crude oil requirement; thanks to the bottomed oil prices (now hovering around $45) the current account deficit is under control. But as the OPEC countries are deciding to cut the oil production probability of oil prices firming up is more. This is not good news for India. (e) Exports sector have is poised to benefit with the weakening rupee. Experts feel that this may boost Indias exports as Indian exporters can compete with their global competitors with this cost advantage. But for IT sector, this advantage may not be as much considering that all major companies in US & Europe renegotiating the contracts at lower prices. They are asking for discounts in order to continue the contracts. But considering an overall protective environment, any remarkable upward growth in exports is not that easy to come by.

FDI IN RETAIL
WHAT IS THE EXISTING POLICY?
FDI in Multi Brand Retail Trading (MBRT) is prohibited. FDI, up to 51%, in the Single Brand Retail Trading (SBRT) sector, is permitted, under the Government/FIPB route, subject to the following conditions: o Products to be sold should be of a Single Brand only. o Products should be sold under the same brand internationally i.e. products should be sold under the same brand in one or more countries other than India. o Single Brand product-retailing would cover only products which are branded during manufacturing. o The foreign investor should be the owner of the brand WHAT IS THE RATIONALE FOR ALLOWING FDI IN MULTI BRAND RETAIL TRADING (MBRT)?

Leveraging foreign investment in supply chain infrastructure making it more efficient

Lack of investment in the logistics of retail chain creating inefficiencies in the food supply chain. 34

 HCS, 2012 (Mains) Though India is the second largest producer of fruits and vegetables (about 200 million MT), it has a very limited integrated cold-chain infrastructure, with only 5386 stand-alone cold storages, having a total capacity of 23.6 million MT, 80% of this is used only for potatoes. Lack of adequate storage facilities cause heavy losses to farmers in terms of wastage in quality and quantity of produce in general, and of fruits and vegetables in particular. Post- harvest losses of farm produce, especially of fruits, vegetables and other perishables, have been estimated to be over Rs. 1 trillion per annum, 57 per cent of which is due to avoidable wastage and the rest due to avoidable costs of storage and commissions. As per some industry estimates, 35-40% of fruits and vegetables and nearly 10% of food grains in India are wasted. Though FDI is permitted in cold-chain to the extent of 100%, through the automatic route. In the absence of FDI in front-end retail, investment flows into this sector have been insignificant. The consequences of inadequate infrastructure are: Indian farmer realizes only 1/3rd of the total price paid by the final consumer as against 2/3rd with higher degree of retail. A World Bank Study of 2007 demonstrates that the average price a farmer receives for horticulture produce is barely 12 to 15% of what is paid at the retail outlet. An 11th Plan working group has estimated a total investment of Rs. 64,312 crores in agricultural infrastructure. A storage capacity gap of 35 million tonnes has been assessed, requiring an estimated investment of Rs. 7,687 crores during the 11th Plan. Medium-term impact on regulating food inflation

The opening up of Multi Brand Retail will also have a salutary impact on food inflation as it would contribute to savings to the food which perishes on account of inadequate infrastructure.

Securing remunerative prices for the farmers

In the present dispensation, there is a complex chain of procurement involving several middlemen. FDI in retail will create the enabling environment and it is expected that progressive States will undertake gradual reform of APMC Act which will ensure direct procurement, at least of horticultural produce from farmers to enable them secure remunerative price.

Employment opportunities

The huge investments in the retail sector will see gainful employment opportunities in agro- processing, sorting, marketing, logistic management and the front-end retail business. Industry estimates suggest employment of one person per 350-400 sq.ft of retail space, about 1.5 million jobs will be created in the front-end alone in the next 5 years. Assuming that 10% extra people are required for the back-end, the direct employment generated by 35

HCS, 2012 (Mains) the organized retail sector in India over the coming 5 years will be close to 1.7 million jobs. Indirect employment generated on the supply chain to feed this retail business will add millions of jobs.

WHAT WAS THE CABINET DECISION REGARDING FDI IN MULTI BRAND RETAIL TRADING (MBRT)?
(f) The FDI in Multi Brand Retail Trade (MBRT) may be permitted up to 51%, with Government approval; (g) Fresh agricultural produce, including fruits, vegetables, flowers, grains, pulses, fresh poultry, fishery and meat products, may be unbranded. (h) Minimum amount to be brought in, as FDI, by the foreign investor, would be US $ 100 million. (i) At least 50% of total FDI brought in shall be invested in 'backend infrastructure', where back-end infrastructure will include capital expenditure on all activities, excluding that on front-end units; for instance, back-end infrastructure will include investment made towards processing, manufacturing, distribution, design improvement, quality control, packaging, logistics, storage, ware-house, agriculture market produce infrastructure etc. (j) At least 30% of the procurement of manufactured/ processed products shall be sourced from 'small industries' which have a total investment in plant & machinery not exceeding US $ 1.00 million. This valuation refers to the value at the time of installation, without providing for depreciation. Further, if at any point in time, this valuation is exceeded, the industry shall not qualify as a 'small industry' for this purpose. (k) Retail sales locations may be set up only in cities with a population of more than 10 lakh as per 2011 Census only 53 cities qualify for FDI in multi-brand retail out of nearly 8000 towns and cities and may also cover an area of 10 kms around the municipal/urban agglomeration limits of such cities; (l) Government will have the first right to procurement of agricultural products;

WHAT DECISION DID THE CABINET TAKE ON SINGLE BRAND RETAIL TRADING (SBRT)?
(m) FDI in single brand retail trading may be permitted up to 100% with Government approval; (n) Products to be sold should be of a Single Brand only. (o) Products should be sold under the same brand internationally i.e. products should be sold under the same brand in one or more countries other than India. 36

 HCS, 2012 (Mains) (p) Single Brand product-retailing would cover only products which are branded during manufacturing. (q) The foreign investor should be the owner of the brand. (r) In respect of proposals involving FDI beyond 51%, 30% sourcing would mandatorily have to be done from SMEs/ village and cottage industries artisans and craftsmen. WHAT IS THE RATIONALE FOR ENHANCING FDI CEILING TO 100% IN SINGLE BRAND RETAIL TRADING (SBRT)? (s) In the last 5 years, under the current regime of 51% FDI in single brand retail, foreign direct investment of only US$ 44.45 million have been received, constituting barely 0.03% of total FDI inflows. Globally, single brand retail follow a business model of 100% ownership and global majors have been reluctant to establish their presence in a restrictive policy environment. The current cap of 51% confers a right to pass all ordinary resolutions, while enhancing cap to 100% will confer full ownership and control.

DURBAN UN CLIMATE TALKS

WHAT ARE THE MAJOR OUTCOMES OF THE DURBAN TALKS?

The UN climate change talks in Durban arrived at a four-pronged Durban Package to save the planet by controlling emission of greenhouse gases. The main outcome of the Durban talks are:

To extend the Kyoto Protocol

To extend for another five years the Kyoto Protocol the only regime to combat climate change, that is due to end 2012. The parties to Kyoto are divided into two camps Annex 1 nations rich countries who are supposed to take legally binding emission cuts and the non-Annex 1 nations developing countries who have to make voluntary cuts. The second term of the Kyoto protocol will begin Jan 1, 2013.

Long-Term Cooperation (LCA) actions

These are the long term collective action by countries to fight climate change. At the Durban talks, India scored a major victory when the LCA text accepted Indias demand of equity or equitable access to sustainable development for developing countries without being hindered by emission cuts. The LCA text recommendations have to be debated before the next meet.

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Green climate fund (GCF)

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During the 2010 Cancun meet, rich countries agreed to provide $100 billion as GCF to help poor countries take measures to adapt to climate change. Though there is no money, a committee has been set up to start the process of figuring out contributions from countries. It has been agreed that the fund will be controlled by the Conference of Parties (CoP) to the climate convention. It will have 24 members, equally from developed and developing countries.

Future of the Climate Change Regime

The Durban conference agreed to launch a process to develop a protocol, or come out with a new treaty under which all the countries will have to take legal emission cuts. It was agreed that the new regime should be completed by 2015, so that this new agreement can be implemented from 2020.

WHAT IS THE INDIAN PERSPECTIVE ON THESE OUTCOMES?

Extension of the Kyoto Protocol and inclusion of 'equity' in future talks could be considered a victory for India, which stood its ground amid global criticism for being a 'deal breaker'. India's proposal on equity has already been included in the work plan for the next conference. However, the accord on the legally binding future commitment evoked a mixed response in the Indian camp. Kyoto Protocol sets binding targets for 37 industrialised nations and the European Union to slash carbon emissions to five per cent below the 1990 levels by 2012. Until now, China and India have been exempt from any constraints because they are developing countries, while the US has opted out of the Kyoto Protocol. India had argued that mandatory cuts would slow the growth of developing nations.

CITIZENS CHARTER BILL

What is a Citizens Charter Bill?

The Right of Citizens for Time Bound Delivery of Goods and Services and Redressal of their Grievance Bill, 2011 was introduced in the Lok Sabha on December 20, 2011 by the Minister for Personnel, Public Grievances & Pensions. The Bill seeks to confer on every citizen the right to time bound delivery of specified goods and services and provide a mechanism for grievance redressal.

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What does the bill propose?

HCS, 2012 (Mains)

The Bill makes it mandatory for every public authority to publish a Citizens Charter within six months of the commencement of the Act. The Citizens Charter shall (a) list the details of the goods and services provided by a public authority; (b) the name of the person or agency responsible for providing the goods or services; (c) the time frame within which such goods or services have to be provided; (d) the category of people entitled to the goods and services; and (e) details of the complaint redressal mechanism.

What is the mechanism for grievance redressal?

Every public authority shall appoint Grievance Redress Officers (GRO) within six months of the Act coming into force. These officers shall be appointed at various levels i.e. central, state, district, panchayat and municipality to inquire and redress any complaints. The complaint has to be acknowledged within two days of making the complaint. It shall be the duty of the GRO to ensure that within 30 days of the receipt of the complaint, (i) the complaint is remedied (ii) the grievance is redressed; and (iii) the defaulting officer is identified. The GRO shall ensure that departmental action is taken against an individual if a grievance has occurred due to deficiency or negligence of that individual. The GRO may also recommend action against an individual to the designated authority if he feels there was willful neglect or a prima facie case under the Prevention of Corruption Act, 1988. The GRO shall give an Action Taken Report to the complainant informing him the manner in which the complaint was addressed. Any complaint not redressed within 30 days shall be forwarded by the GRO as an appeal to the designated authority.

Is there a right to appeal against the decisions of the GRO?

The complainant can also file an appeal against the decision of the GRO to the designated authority within 30 days of the receipt of the decision. The appeal shall be disposed of within 30 days from the date of the receipt of the appeal. An appeal may be filed against the decision of the designated authority with (i) State Public Grievance Redressal Commission in case the designated authority falls within the jurisdiction of the state government; (ii) Central Public Grievance Redressal Commission in case the designated authority falls within the central government. The State and Central Public Grievance Redressal Commissions shall consist of a Chief Commissioner and a maximum number of 10 Commissioners. They shall be appointed by the Governor (in the case of State Commission) or the President (in case of Central Commission) on the recommendation of a Selection Committee. An appeal before the State and Central Public Grievance Redressal Commission shall be disposed off within 60 days. 39

HCS, 2012 (Mains) The State and Central Public Grievance Redressal Commissions have the power to refer cases of failure of delivery of goods and services to the Head of Department of the concerned public authority. If they are satisfied that there are reasonable grounds, they can initiate a suo-motu inquiry. The designated authority and the Commissions may impose a maximum penalty of Rs 50,000 against the designated official or GRO for failing to deliver the goods or services. The penalty shall be recovered from the salary of the official. Such penalty may be awarded as compensation to the appellant. The Designated Authority and the Commissions may refer a matter to the appropriate authorities if there is prima facie evidence of a corrupt act under the Prevention of Corruption Act, 1988. An appeal against the decision of the Central Commission shall be filed before the Lokpal. An appeal against the decision of the State Commission shall be filed before the Lokayukta.

THE PUBLIC INTEREST DISCLOSURE AND PROTECTION TO PERSONS MAKING THE DISCLOSURES BILL, 2011

Popularly called Whistleblowers bill, the Bill seeks to protect whistleblowers, i.e. persons making a public interest disclosure related to an act of corruption, misuse of power, or criminal offence by a public servant. The Bill was introduced in the Lok Sabha on August 26, 2010 by the Ministry of Personnel, Public Grievance and Pensions. The Bill was referred to the Standing Committee on Personnel, Public Grievances, Law and Justice.

WHAT ARE THE HIGHLIGHTS OF THE BILL?

Any public servant or any other person including a non-governmental organization may make such a disclosure to the Central or State Vigilance Commission. Every complaint has to include the identity of the Complainant. The Vigilance Commission shall not disclose the identity of the complainant except to the head of the department if he deems it necessary. The Bill penalises any person who has disclosed the identity of the Complainant. The Bill prescribes penalties for knowingly making false complaints.

WHAT ARE THE KEY ISSUES IN THE BILL?

The Bill aims to balance the need to protect honest officials from undue harassment with protecting persons making a public interest disclosure. It punishes any person making false complaints. However, it does not provide any penalty for victimising a complainant. The CVC was designated to receive public interest disclosures since 2004 through a government resolution. There have been only a few hundred complaints every year. The 40

HCS, 2012 (Mains) provisions of the Bill are similar to that of the resolution. Therefore, it is unlikely that the number of complaints will differ significantly. The power of the CVC is limited to making recommendations. Also it does not have any power to impose penalties. This is in contrast to the powers of the Karnataka Lokayukta and the Delhi Lokayukta. The Bill has a limited definition of disclosure and does not define victimisation. Other countries such as US, UK, and Canada define disclosure more widely and define victimisation. The Bill differs on many issues with the proposed Bill of the Law Commission and the 2nd Administrative Reform Commissions report. These include non-admission of anonymous complaints and lack of penalties for officials who victimise whistleblowers.

WAS IT PASSED BY THE PARLIAMNET?

The bill was put to vote in Lok Sabha on December 27th, 2011, alongside the The Lokpal and Lokayuktas Bill, 2011, and passed. However, the government did not put the bill to vote in Rajya Sabha fearing lack of majority.

MODEL CODE OF CONDUCT

What is the Model Code of Conduct?
It is a set of guidelines laid down by the Election Commission to govern the conduct of political parties and candidates in the run-up to an election.

What is the need for such a code of conduct?

It is intended to provide a level playing field for all political parties, to keep the campaign fair and healthy, avoid clashes and conflicts between parties, and ensure peace and order. Its main aim is to ensure that the ruling party, either at the Centre or in the states, does not misuse its official position to gain an unfair advantage in an election.

When does it come into force?

The Model Code of Conduct comes into force the moment an election is announced and remains in force till the results are declared. In 2000, there was a tug of war between the central government and the Election Commission on the Model Code of Conduct. The government went to the Supreme Court against the Commission's ruling that the code of conduct comes into force the moment elections are announced. The government insisted it should be enforced only from the date of formal notification of each phase of election. 41

HCS, 2012 (Mains) The Election Commission called an all-party meeting to settle the row. Eventually all parties agreed unanimously to support its stand on the Model Code of Conduct.

To whom does the code of conduct apply?

It applies to all political parties, their candidates and polling agents, the government in power, and all government employees.

So what does the Model Code of Conduct mean for a ruling party?
Ministers cannot combine their official visits with electioneering work. They also cannot use official/government machinery or personnel for electioneering work. Public places for holding election rallies and helipads for flights in connection with elections are to be made available to all parties on the same terms and conditions on which they are used by the party in power.

Can ministries sanction grants out of the government's discretionary funds during election time?
No. Ministers and other authorities cannot sanction grants and payments out of discretionary funds from the moment the elections are announced.

Can the government run an advertising campaign in the mass media?

Advertisements at the cost of the public exchequer and misuse of official mass media like Doordarshan for partisan coverage during an election have to be scrupulously avoided.

What are the other guidelines for ministers and other government officials?
Ministers and other government authorities should not announce or promise any financial grants to the people; they should not lay foundation stones for or inaugurate any projects; they should not promise public facilities like roads; and they should not make any ad hoc government appointments.

How do candidates and parties campaign when the code of conduct is in force?
Parties can issue its manifesto detailing the programmes they wish to implement if elected to government, the strengths of their leaders, and the failures of parties and leaders opposing them. They can use slogans to popularise and identify parties and issues, and they can distribute pamphlets and posters to the electorate. They can hold rallies and meetings where candidates can persuade, cajole and enthuse supporters, and criticise opponents. Candidates can travel the length and breadth of the constituency to try to influence as many potential supporters as possible. 42

Can parties/candidates hold meetings wherever they want?

HCS, 2012 (Mains)

Yes, but the party or candidate has to inform the local police authorities of the venue and time of any proposed meeting well in advance to enable them to make necessary arrangements for controlling traffic and maintaining order.

Can parties call for votes on communal lines?

No. The Model Code of Conduct strictly prohibits parties and candidates from making any appeals to caste or communal feelings for securing votes. Mosques, churches, temples, and other places of worship also cannot be used for election propaganda. No party or candidate can indulge in any activity that may aggravate existing differences or create mutual hatred or cause tension among different castes, communities, religious or linguistic groups.

Can parties criticise their opponents?

Yes, but the criticism of other political parties should be confined to their policies and programmes, past record and work. Parties and candidates should refrain from criticism of all aspects of private life not connected with the public activities of the leaders or workers of other parties. Criticism of other parties or their workers based on unverified allegations or distortions should be avoided.

What happens if a candidate or party does not obey the Model Code of Conduct?
The Election Commission has warned that any breach will be dealt with sternly. The Commission has the power to disqualify a candidate if s/he refuses to follow the Model Code of Conduct.

LAW COMMISSION CONSULTATION PAPER ON KHAP PANCHAYATS & DOWRY LAW

KHAP PANCHAYATS
The Law Commission has drafted a consultation paper on caste panchayats. A draft legislation titled The Prohibition of Unlawful Assembly (Interference with the Freedom of Matrimonial Alliances) Bill, 2011 has been attached to the consultation paper. The Bill prohibits people from congregating together to condemn a legal marriage on the ground that the said marriage has brought dishonour to the caste or community. 43

HCS, 2012 (Mains) Every member of such a group shall be punished with imprisonment of a minimum term of 6 months and a maximum term of 1 year. The member may also be liable to a fine of up to Rs 10,000. Under our criminal justice system, the presumption is that the accused person is innocent until proven guilty. This Bill reverses this presumption. It provides that if an accused person participated in an unlawful assembly, then it will be presumed that the accused intended to commit an offence under the Bill.

DOWRY LAW: PROVISION FOR COMPOUNDING

The Law Commission has also submitted its report on Compounding of (IPC) Offences. Compoundable offences are offences which allow the parties to enter into a private compromise. The Supreme Court in some recent cases had asked the Law Commission to identify more offences which could be treated as compoundable. Section 320 of the Code of Criminal Procedure lists the offences which are compoundable. Currently under the section there are 56 compoundable offences. Certain offences can be compounded only with the prior permission of the court. The Commission has recommended that Section 498A of the IPC (cruelty against a married woman by her husband or relatives) should be made compoundable with the permission of the Court. It has recommended that the magistrate should give a hearing to the woman and then permit or refuse the compounding of the offence. This has been recommended to ensure that woman is not coerced into compounding the offence. The other IPC offences that the Commission has recommended should be made compoundable include (a) Section 324 (simple hurt); (b) Section 147 (rioting); (c) Section 380 (theft in dwelling house); (d) Section 384 (extortion) and (e) Section 385 (extortion by threat to person).

CAPART

The Council for Advancement of People's Action and Rural Technology (CAPART) was setup in September 1986 by the amalgamation of the People's Action for Development India (PADI) and Council for Advancement of Rural Technology (CART). It operates as an autonomous body under the aegis of the Ministry of Rural Development, Government of India, with Headquarters at New Delhi.

OBJECTS

To encourage, promote and assist voluntary action in the implementation of projects for the enhancement of rural prosperity; 44

HCS, 2012 (Mains) To strengthen and promote voluntary efforts in rural development with focus on injecting new technological inputs in this behalf; To act as the national nodal point for coordination of all efforts at generation and dissemination of technologies relevant to rural development in its wider sense; To act as a catalyst for development of technology appropriate for the rural areas, by identifying and funding research and development efforts and pilot projects by different agencies and institutions particularly voluntary organizations; To act as a conduit for transfer of appropriate technology to Government Departments, public sector undertaking, cooperative societies, voluntary agencies and members of public to encourage adoption of modern techniques and appropriate technology in rural development; To promote aid, guide, organize, plan undertake, develop, maintain and coordinate projects / schemes aimed at all round development, creation of employment opportunities, promotion of self-reliance, generation of awareness, organization and improvement in the quality of the life of the people in rural areas in general and of the economically and socially handicapped as also those who are physically, orthopedically and visually handicapped and mentally retarded in particular. To assist and promote programmes aimed at conservation of the environment and natural resources; To strengthen existing institutions of research and develop or set up institutions, so that national level institutions on matter of purely or largely rural interest are built up; To conduct or sponsor training programmes, conferences, lectures and seminars on rural development activities of particular interest to women, and in the voluntary sectors, so that improved technology is disseminated to participants in development in the rural areas;

RECENT DEVELPMENTS
o Until recently, the Union Minister for Rural development was an ex-officio president of the CAPART. This had led to direct and indirect political interference into the functioning of the organization which had 28 DGs in the 25 years since its inception. o The Ministry of rural development recently decided to give away the ex-officio presidency of the organization in order to minimize political interference. Moreover, it was decided that an organization of such a national importance should be run professionally and be allowed to take major decision autonomously.

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UNSC SYRIA RESOLUTION

HCS, 2012 (Mains)

India has voted in favour of the Arab League-backed draft resolution on Syria in the United Nations Security Council (UNSC)-which was vetoed by the permanent members, Russia and China-after being assured that it did not authorize military intervention in the violence-torn West Asian nation. This decision marks a tectonic shift from the earlier stance, when it had opposed a draft resolution first circulated by the UNSCs non-permanent Arab member, Morocco. With the exception of Moscow and Beijing, all the other 13 permanent and non-permanent members voted in favour of the resolution including South Africa, and Pakistan. According to the External Affairs Ministry (MEA) officials, India had softened its stand after it was made clear that the resolution was under the Chapter VI of the UN charter, which advocated peaceful settlement of international disputes. The resolution expressly ruled out any measures under Article 42 of the Charter and calls for serious political dialogue between the Syrian government and the whole spectrum of the opposition under the auspices of the League of Arab States. Article 42 of the UN Charter mandates the use of military forces for maintaining international peace and security. It was last invoked in March 2011, which resulted in the NATO intervention in Libya and this had apparently impacted the Indian stand on the Syria vote. The Morocco-sponsored draft resolution, which was piloted by the US and the European countries, had in an earlier avatar said the Arab Leagues plan for political transition in Syria could only be implemented after President Bashar al-Assad stepped down. India lobbied hard to exclude the explicit reference to stepping down of President from the resolution. India was not in favour of outsiders imposing regime change in Syria and felt that that the leadership of Syria is a matter for the Syrian people to decide. It would be necessary for all Opposition forces in Syria to peacefully engage in constructive dialogue with the authorities. India believed that the political process for resolution of present crisis should be led by Syrians themselves.

NATIONAL COUNTER TERRORISM CENTRE (NCTC)

The government is planning to set up on March 1, 2012, a powerful anti-terror agency that will integrate and analyse inputs on terror threats in India and will have legal authority to make arrests and conduct search operations. The order came after the Cabinet Committee on Security (CCS) on January 11, 2012 approved the creation of the National Counter-Terrorism Centre (NCTC), an agency to maintain data of terror modules, terrorists, their associates, friends, families and supporters. 46

 What will be the powers of the proposed body?

HCS, 2012 (Mains)

NCTC will derive powers from the Unlawful Activities (Prevention) Act (UAPA), which allows central government agencies to make arrests or searches in terror-related cases while keeping state police concerned in the loop. According to the order the officers of the NCTC shall have the powers to arrest and the power to search under the UAPA. The NCTC will also have the power to seek information, including documents, reports, transcripts, and cyber information from any agency, including from the Central Bureau of Investigation (CBI), National Investigation Agency, NATGRID, National Technical Research Organization, Directorate of Revenue Intelligence and all seven central armed police forces including the National Security Guard (NSG). The agency has worked out on the model of the US similar body aimed at combating terrorism by collecting and analysing threats, sharing the inputs and information with other agencies and converting these into actionable data. What will be the composition of the NCTC? The counter-terrorism agency will be a separate body located in the Intelligence Bureau under the control of the home ministry. The head of the NCTC will be called director and will be an officer in the rank of additional director IB. Other officials of the agency will be deputed from other organisations like the Research and Analysis Wing, IB and other intelligence and investigation agencies. The Cabinet Committee on Security (CCS) on 06.02.2012 approved the Home Ministrys ambitious plan to set up the National Counter-Terrorism Centre. What would be the implications of this step?

After the CCS nod, the NCTC will be the nodal agency for all counter-terrorism activities and intelligence agencies such as Intelligence Bureau (IB), Research and Analysis Wing (RAW), Joint Intelligence Committee (JIC) and state intelligence agencies. These agencies will report to it on matters related to terrorism. The NCTC will then streamline terror-related intelligence, analyse and provide them for action to concerned agencies, official sources said. It will coordinate with all intelligence agencies and the National Investigation Agency (NIA) will act as the investigation wing. The NCTC will connect Multi Agency Centre (MAC), which would be subsumed into NCTC, and all agencies reporting to it, in Delhi and state capitals. How is the Indian NCTC different from the one in the USA?

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Why is it being opposed?

HCS, 2012 (Mains) The Indian NCTC will differ from the NCTC set up in the US after 9/11 in two important respects. Firstly, in the US, the NCTC is an independent institution functioning under the supervision of the Director, National Intelligence. It co-ordinates the functioning of the counter- terrorism divisions of the various agencies of the intelligence community. The expectation was that being an independent agency, its functioning will not be affected by inter-agency clashes and egos. However, the NCTC being set up in India will not be an independent institution. It will be part of the IB and director, IB, will supervise its functioning. This could come in the way of an independent audit and supervision of the functioning of the counter-terrorism division of the IB. Secondly, the NCTC in the US has no powers of arrest, interrogation, investigation and prosecution. The responsibility in these matters continues to be that of the FBI. In India, the NCTC has been given the powers to arrest and carry out searches under Section 43 (A) of the Unlawful Activities (Prevention) Act, 1967. Till now, in India, these powers belong to only the National Investigation Agency and the Central Bureau of Investigation at the Centre and the police in the states. By giving these powers to the NCTC too, we are going to create confusion in the investigation and prosecution of terrorism-related cases. In India, the IB informally associates itself with all terrorism-related interrogation, but the arrests and searches are made either by the police or by the NIA or the CBI. By creating a multiplicity of organisations having such powers and by giving these powers to the NCTC which will work under the director, IB, we will be taking an unwise step which could further politicise our handling of counter-terrorism.

A diverse group of chief ministers believe that NCTCs charter was violative of the federal structure. They questioned the manner in which the agency was set up, without taking states on board, and demanded that the decision be reversed. Another perspective among the strategic community feels that by creating a multiplicity of organisations having powers to arrest and by giving these powers to the NCTC, which will work under the director, IB, would mean taking an unwise step which could further politicise our handling of counter-terrorism.

National Commission for Human Resources for Health Bill (NCHRH), 2011
Introduced in Rajya Sabha. It seeks to establish an comprehensive regulatory body for medical education and allied health science. The proposed Commission would include the 48

HCS, 2012 (Mains) existing councils like Medical Council of India (MCI), Dental Council of India (DCI), Pharmacy Council of India (PCI) and Nursing Council of India (NCI), under its purview. In addition, the proposed NCHRH would also comprise a National Board for Health Education (NBHE) and a National Evaluation and Assessment Committee (NEAC) which will be obligated to prescribe minimum standards for health education and developing and maintaining system of accreditation of health educational institutes respectively. Higher Education and Research Bill, 2011 that seeks to establish the National Commission for Higher Education and Research (NCHER), an overarching regulatory body for university education. Yashpal committee recommendations. The existing regulatory bodies, including the University Grants Commission and the All India Council for Technical Education, would subsequently be scrapped. The NCHER will consist of a chairperson and six members, one of whom will be the chairperson of the NCHRC, who will be appointed by the President on the recommendations of a search-cum-selection committee o Headed by the Prime Minister o Lok Sabha Speaker o the Leader of Opposition o HRD Minister o Health Minister The Commission will have powers to frame regulations promote autonomy for institutional accountability promote joint and cross-disciplinary programmes among institutions of higher education to promote development of a curriculum framework with specific reference to new or emerging or interdisciplinary fields of knowledge to promote synergy of research in universities and higher educational institutions and with other research agencies. Tabled by Information Technology and Communications Minister Kapil Sibal. As per the provisions of the Bill, the Centre, the States and all public authorities under them shall deliver all public services by electronic mode, except such services which cannot be delivered electronically, within five years from the date of coming into force of the Act. The 49

The Electronic Delivery of Services Bill, 2011

HCS, 2012 (Mains) Bill proposes penalties of up to Rs. 5,000 for officials if they fail to adhere to the norms. In case of persistent default, the penalty may extend up to Rs. 20,000. It will also result in the establishment of the Central Electronic Service Delivery Commission at the Central level and the State Electronic Service Delivery Commission at the State level and imposition of a penalty on defaulting officials for contravention of the provisions of this proposed Act.

THE J&K INTERLOCUTORS GROUP

The Central Government appointed the three member-J&K Interlocutors Group on October 13, 2010. The Group submitted the Report to the Home Ministry earlier this year. The Home Ministry made the Report public on May 24, 2012.

Political Recommendations
The Group recommended that a Constitutional Committee (CC) should be set up to review all the central Acts that have been extended to the state of Jammu and Kashmir since 1952. The CC should come out with its findings within six months. According to the Group, the CC should review whether, and to what extent, the application of central acts to the state has led to an erosion of the states special status. The word Temporary in Article 370 should be replaced with Special which has been used for certain states such as Assam, Nagaland and Andhra Pradesh. Central laws shall only be made applicable to the state if they relate to the countrys security or a vital economic interest, especially in the areas of energy and water resources. Currently, the President appoints the Governor. The Group recommended that the state government shall give three names for consideration for the position to the President. However, the President shall finally appoint the Governor. Separate Regional Councils for Jammu, Kashmir and Ladakh should be created and certain legislative, executive and financial powers should be devolved to them. The subjects that could be transferred to the Regional Council include prison reforms, public health, roads and bridges and fisheries.

Cultural, Economic and Social Recommendations

There are 16 centrally sponsored schemes, which are mostly funded by the Centre. However, most of the funds for these schemes have not been utilised properly. The Group recommended that an effective system to monitor these schemes should be put in place. An expert committee to review the states financial needs should be constituted. 50

 HCS, 2012 (Mains) The central government should tap the hydro-electricity potential of the state. Till date only 15 per cent of the potential has been harnessed. Additional hydro-electricity projects should be established for which the central government should meet the entire equity capital. Industrial establishments and other buildings occupied by the security officers should be vacated. Financial package of incentives on the pattern given to the North Eastern States should be given to the state. The hilly, remote areas should be declared as special development zones. The restrictions on the Internet and mobile phones should be reviewed.

Roadmap Proposed
The stone pelters and political prisoners against whom no serious charges have been framed should be released. There should an amendment and review of the Armed Forces Special Powers Act, 1990 and the Jammu and Kashmir Public Safety Act, 1978. The state policy should provide for the return of Kashmiri Pandits. A judicial commission to supervise the identification of bodies buried in the unmarked graves should be established.

GENERAL ANTI AVOIDANCE RULE

The issue of the General Anti Avoidance Rule (GAAR) has encouraged the fears that GAAR will discourage foreign investment in India. However, tax avoidance can hinder public finance objectives and it is in this context GAAR was introduced in this years Budget. Later, the Finance Minister pushed back the implementation of GAAR by a year.

What is GAAR?
GAAR was first introduced in the Direct Taxes Code Bill, 2010. The original proposal gave the Commissioner of Income Tax the authority to declare any arrangement or transaction by a taxpayer as impermissible if he believed the main purpose of the arrangement was to obtain a tax benefit. The 2012-13 Finance Bill, passed by Parliament, defines impermissible avoidance arrangements as an arrangement that satisfies one of four tests. Under these tests, an agreement would be an impermissible avoidance arrangement if it: o creates rights and obligations not normally created between parties dealing at arms length, o results in misuse or abuse of provisions of tax laws, 51

 HCS, 2012 (Mains) o is carried out in a way not normally employed for bona fide purpose or o lacks commercial substance. As per the Bill, arrangements that lack commercial substance could involve round trip financing, an accommodating party and elements that have the effect of offsetting or cancelling each other. A transaction that disguises the value, location, source, ownership or control of funds would also be deemed to lack commercial substance. The Bill as introduced also presumed that obtaining a tax benefit was the main purpose of an arrangement unless the taxpayer could prove otherwise.

Why GAAR?
GAAR was introduced to address tax avoidance and ensure that those in different tax brackets are taxed the correct amount. In many instances of tax avoidance, arrangements may take place with the sole intention of gaining a tax advantage while complying with the law. This is when the doctrine of substance over form may apply. Substance over form is where real intention of parties and the purpose of an arrangement is taken into account rather than just the nomenclature of the arrangement. Many countries, like Canada and South Africa, have codified the doctrine of substance over form through a GAAR type ruling.

Issues with GAAR

A common criticism of GAAR is that it provides discretion and authority to the tax administration, which can be misused. The Standing Committee responded to GAAR in their report on the Direct Taxes Code Bill in March, 2012. They suggested that the provisions should ensure that taxpayers entering genuinely valid arrangements are not harassed. They recommended that the onus should be on tax authorities, not the taxpayer, to prove tax avoidance. In addition, the committee suggested an independent body to act as the approving panel to ensure impartiality. They also recommended that the assessing officer be designated in the code to reduce harassment and unwarranted litigation.

GAAR Amendments
On May 8, 2012 the Finance Minister amended the GAAR provisions following the Standing Committees recommendations. The main change was to delay the implementation of GAAR by a year to provide more time to both taxpayers and the tax administration to address all related issues. GAAR will now apply on income earned in 2013-14 and thereafter. In addition, the Finance Minister removed the burden upon the taxpayer to prove that the main purpose of an alleged impermissible arrangement was not to obtain tax benefit. These amendments were approved with the passing of the Bill. 52

 HCS, 2012 (Mains) A Committee had also been formed under the Chairmanship of the Director General of Income Tax. The Committee will suggest rules, guidelines and safeguards for implementation of GAAR. The Committee is expected to submit its recommendations by May 31, 2012 after holding discussions with various stakeholders in the debate.

STANDING COMMITTEE RECOMMENDATIONS ON LAND ACQUISITION BILL

The Standing Committee Report on the Land Acquisition and Rehabilitation & Resettlement Bill, 2011 was tabled in the Lok Sabha on May 17, 2012. The major changes to the Bill recommended by the Committee include: o Land may not be acquired for use by private companies and PPPs. o The role of the local governments should be expanded and made more participatory in the acquisition and R&R process. The role of Gram Sabhas should not be limited to consultation, but their consent should be obtained at different stages. o The Clause giving wide discretion to the government in notifying any project as infrastructure project should be deleted. o Threshold for R&R provisions should be fixed by the states and not the central government since sale and purchase of land is a state subject in the Constitution. o There should be a restriction on the acquisition of agricultural land. The limit on the acquisition of such land should be fixed by the state governments.

PROTECTION OF CHILDREN AGAINST SEXUAL OFFENCES ACT, 2012

The Protection of Children against Sexual Offences Act, 2012 was passed by both Houses of Parliament on May, 22. The legislation defines various types of sexual offences against children and provides penalties for such acts.

What was the need for such legislation?

According to a report commissioned by the Ministry of Women and Child Development in 2007, about 53% of the children interviewed reported some form of sexual abuse. The law has been viewed as a welcome step by most activists since it is gender neutral (both male and female children are covered), it clearly defines the offences and includes some child friendly procedures for reporting, recording of evidence, investigation and trial of offences. However, the issue of age of consent has generated some controversy. 53

What are the key provisions of the Act?

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The Act defines a child as any person below the age of 18 years and provides protection to all children from offences such as sexual assault, penetrative sexual assault and sexual harassment. It also penalises a person for using a child for pornographic purposes. The Act treats an offence as aggravated if it is committed by a person in a position of authority or trust such as a member of the security forces, a police officer or a public servant. It specifies penalties for the offences and provides a mechanism for reporting and trial of such offences.

What is the issue with age of consent?

Age of consent refers to the age at which a person is considered to be capable of legally giving informed consent to sexual acts with another person. Before this law was passed, the age of consent was considered to be 16 years (except if the woman was married to the accused, in which case it may be lower). Section 375 of the Indian Penal Code, 1860 states that any sexual intercourse with a woman who is below the age of 16 years is considered to be rape. The consent of such person is irrelevant. After introduction, the Bill was referred to the Standing Committee on Human Resource Development. The Committee submitted its report on December 21, 2011. Taking into account the recommendations of the Standing Committee, the Parliament decided to amend certain provisions of the Bill before passing it. The Bill stated that if a person is accused of sexual assault or penetrative sexual assault of a child between 16 and 18 years of age, it would be considered whether the consent of the child was taken by the accused. This provision was deleted from the Bill that was passed. The Bill (as passed) states that any person below the age of 18 years shall be considered a child. It prohibits a person from engaging in any type of sexual activity with a child. However, the implication of this law is not clear in cases where both parties are below 18 years ). The increase in the age of consent to 18 years sparked a debate among experts and activists. Proponents of increasing the age of consent argued that if a victim is between 16 and 18 years of age, the focus of a sexual assault case would be on proving whether he or she consented to the act or not. The entire trial process including cross-examination of the victim would focus on the conduct of the victim rather than that of the accused. Opponents of increasing the age of consent pointed out that since this Act criminalises any sexual activity with persons under the age of 18 years (even if consensual), the police may misuse it to harass young couples or parents may use this law to control older childrens sexual behaviour. 54

THE COPYRIGHT (AMENDMENT) BILL, 2010

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The Bill was introduced on April 19, 2010 in the Rajya Sabha and referred to the Standing Committee on HRD, which tabled its report on November 23, 2010. The government had attempted to pass it in the winter session twice but failed. It was passed in the budget session. The Copyright Act, 1957 defines the rights of authors of creative works such as books, plays, music, and films. Two key amendments proposed in the Bill are: Copyright in a film currently rests with the producer for 60 years. The Bill vests copyright in a director as well. The Bill makes special provisions for those whose work is used in films or sound recordings (e.g. lyricists or composers). Rights to royalties from such works, when used in media other than films or sound recordings, shall rest with the creator of the work.

THE NATIONAL ACCREDITATION REGULATORY AUTHORITY FOR HIGHER EDUCATIONAL INSTITUTIONS BILL, 2010
The Bill was introduced on May 3, 2010 in the Lok Sabha and referred to the Standing Committee on HRD, which tabled its report on August 12, 2011. This Bill is part of the governments attempt to reform the higher education sector. The key objective is to provide an effective means of quality assurance in higher education. The legislation is still pending. Presently, accreditation is voluntary. Higher educational institutions are accredited by two autonomous bodies set up by the University Grants Commission and the All India Council of Technical Education. The Bill makes it mandatory for each institution and every programme to get accredited by an accreditation agency. The agencies have to be registered with the National Accreditation Regulatory Authority. Only non-profit, government controlled bodies are eligible to register as accreditation agencies.

THE PROTECTION OF WOMEN AGAINST SEXUAL HARASSMENT AT WORK PLACE BILL, 2010
The Bill was introduced on December 7, 2010 in the Lok Sabha and referred to the Standing Committee on HRD, which tabled its report on December 8, 2011. The Indian Penal Code covers criminal acts that outrage or insult the modesty of women. It does not cover situations, which could create a hostile or difficult environment for women at the work place. The Supreme Court in 1997 (Vishaka judgment) laid down guidelines to protect women from sexual harassment. This Bill defines sexual harassment and provides a mechanism for redressing complaints. The protection against sexual harassment is applicable 55

 HCS, 2012 (Mains) to all women at the workplace. However, the Bill does not cover domestic workers working at home. The Standing Committee recommendations addressed issues of gender neutrality, inclusion of domestic workers and the modified definition of sexual harassment.

THE PIRACY BILL, 2012

The Piracy Bill was introduced in Lok Sabha on April 24, 2012.

What are the objectives of the Act?

According to the Statement of Objects and Reasons, there has been a significant increase in attacks by pirates, particularly in the Gulf of Aden and off the coast of Somalia. This has affected security of maritime traffic and personnel plying between Asia, Europe and Africa. Moreover, enhanced naval presence in the Gulf of Aden is now causing pirates to shift operations close to Indias Exclusive Economic Zone. As a result, a number of Somali pirates are presently in the custody of Indian police authorities. However, since piracy as a crime is not included in the Indian Penal Code (IPC), this has led to problems in prosecution. The Piracy Bill intends to fill this gap and provide clarity in the law.

What is the significance of this Legislation?

The Bill, if passed by Parliament, would extend to the entire Exclusive Economic Zone of India (EEZ). Under international law, EEZ is a seazone over which a country has special rights for exploration and use of marine resources. It stretches outward from the coast, up to 200 nautical miles into the sea. The Bill defines piracy as any illegal act of violence or detention for private ends by the crew or passengers of a private ship or aircraft on high seas or at a place outside the jurisdiction of any State. This definition is akin to the definition of piracy laid down under the United Nations Convention on the Law of the Sea. The Bill seeks to punish piracy with imprisonment for life. In cases where piracy leads to death, it may be punished with death. It also provides that if arms and ammunition are recovered from the possession of the accused, or if there is evidence of threat of violence, the burden of proof for proving innocence would shift to the accused. The Bill empowers the government to set up designated courts for speedy trial of offences and authorizes the court to prosecute the accused regardless of his/her nationality. It also provides for extradition. 56

SUPREME COURT JUDGMENT ON RTE ACT

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In a landmark judgment on April 12, 2012, the Supreme Court upheld the constitutional validity of the provision in the Right to Education Act, 2009 that makes it mandatory for all schools (government and private) except private, unaided minority schools to reserve 25% of their seats for children belonging to weaker section and disadvantaged group. There was controversy erupted over provisons under Section 12 of the Act, which required private, unaided schools to admit at least 25% of students from SCs, STs, low- income and other disadvantaged or weaker groups. The Act stated that these schools shall be reimbursed for either their tuition charge or the per-student expenditure in government schools, whichever is lower. After the Act was notified on April 1, 2010, the Society for Unaided Private Schools of Rajasthan filed a writ petition challenging the constitutional validity of this provision on the ground that it impinged on their right to run educational institutions without government interference. Summary Of The Judgment The Judgment held that Act is constitutionally valid and shall apply to government controlled schools, aided schools (including minority administered schools), and unaided, non-minority schools. The following reasons were give: First, Article 21A makes it obligatory on the State to provide free and compulsory education to all children between 6 and 14 years of age. However, the manner in which the obligation shall be discharged is left to the State to determine by law. Therefore, the State has the freedom to decide whether it shall fulfill its obligation through its own schools, aided schools or unaided schools. The 2009 Act is child centric and not institution centric. The main question was whether the Act violates Article 19(1)(g) which gives every citizen the right to practice a profession or carry out any occupation, trade or business. However, the Constitution provides that Article 19(1)(g) may be circumscribed by Article 19(6), which allow reasonable restriction over this right in the interest of the general public. The Court stated that since education is recognized as a charitable activity reasonable restriction may apply. Second, the Act places a burden on the State as well as parents/guardians to ensure that every child has the right to education. Thus, the right to education envisages a reciprocal agreement between the State and the parents and it places an affirmative burden on all stakeholders in our civil society. The private, unaided schools 57

 HCS, 2012 (Mains) supplement the primary obligation of the State to provide for free and compulsory education to the specified category of students. Third, past SC judgments hold that the right to establish and administer educational institutions falls within Article 19(1)(g). It includes right to admit students and set up reasonable fee structure. However, these principles were applied in the context of professional/higher education where merit and excellence have to be given due weightage. This does not apply to a child seeking admission in Class I. Also, Section 12 of the Act seeks to remove financial obstacle. Therefore, the 2009 Act should be read with Article 19(6), which provides for reasonable restriction on Article 19(1)(g). The Court also ruled that the 2009 Act shall not apply to unaided, minority schools since they are protected by Article 30(1) (all minorities have the right to establish and administer educational institutions of their choice). This right of the minorities is not circumscribed by reasonable restriction as is the case under Article 19(1)(g).

NATIONAL TELECOM POLICY, 2012

The National Telecom Policy was adopted by the cabinet on May 31, 2012. It was released in public domain later in June. Among other things, the policy aims to provide a single license framework, un-bundle spectrum from licenses, and liberalize spectrum. Delinking License From Spectrum Allocation Previously, the central government had decided to unbundle spectrum and licenses for all future licences on January 29, 2011. TRAI too in its recommendations sought to de- link spectrum from licenses. The Supreme Court in the 2G judgement had held that spectrum should not be allocated on a first-cum-first-serve basis and should instead be auctioned. In the April 23 recommendations, TRAI has detailed the mechanism for auctioning spectrum. As of now spectrum bands are reserved on the basis of technology that may be used to exploit them. For instance, the 900 and 1800 bands are reserved for GSM technology and 800 for use of CDMA technology. The new policy seeks to liberalise spectrum. Further, spectrum would be de-linked from all future licenses. Spectrum would be reframed so that it is available to be used for new technology. The policy aims to move to a system where spectrum can be pooled, shared and traded. Periodic audits of spectrum usage would be conducted to ensure efficient utilization of spectrum. The policy aims at making 300 MHz of additional spectrum available for mobile telecom services by the year 2017 and another 200 MHz by 2020.

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Unified License Framewok

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TRAI has also recommended moving to a unified license framework under which a single license would be required to provide any telecom service. It has also recommended that spectrum should be liberalized so that any technology could be used to exploit it. Presently, as per the 2003 Amendment to the 1999 Telecom Policy, there are two forms of licences Unified Service Licence (to provide any telegraph service in various geographical areas) and Unified Access Service Licence (to provide basic and cellular services in defined service areas). The new policy targets simplification of licensing framework by establishing a unified license for all telecom services and conversion to a single-license system for the entire country. It also seeks to remove roaming charges Connectivity The policy aims to increase rural tele-density from the current level of approximately 39% to 70% by 2017, and 100% by 2020. It seeks to provide 175 million broadband connections by the year 2017 and 600 million by 2020 at a minimum 2 Mbps download speed. Higher download speeds of 100 Mbps would be made available on demand. Broadband access to all village panchayats would be made available by 2014 and to all villages by 2020. The policy aims to recognise telecom, including broadband connectivity, as a basic necessity like education and health, and work towards the Right to Broadband. Promotion Of Domestic Industry The policy seeks to incentivise and give preference to domestic telecom products in procurements that have security implications for India; or are for the governments own use. It also seeks to establish a Telecom Finance Corporation to mobilise and channelise finances for telecom projects. Legislative Framework The policy seeks to review the TRAI Act to remove impediments to effective functioning of TRAI. It also seeks to review the Indian Telegraph Act, 1885. The need to review the Indian Telegraph Act, 1885 was also recognised in the 1999 Telecom Policy.

APPROVED AMENDMENTS TO RAPE LAW

The Union Cabinet has approved a proposal to introduce a Bill in Parliament to amend the Indian Penal Code, 1860 (IPC). The Bill aims to make rape laws gender neutral. The key features specified are: 59

 HCS, 2012 (Mains) Substituting the word rape with sexual assault; Increasing the age of consent 16 to 18 years; Excluding sexual intercourse between a married couple from the definition of rape, where the wifes consent has not been obtained and the wife is at least 16 years of age.

Present Law
According to section 375 of the IPC, an allegation of rape has to satisfy the following criteria: Sexual intercourse between a man with a woman in the following circumstances: (a) against the will of the woman; (b) without her consent; (c) under duress; (d) consent obtained by fraud; (e) consent obtained by reason of unsoundness of mind or intoxication. If the woman is below the age of 16 years, sexual intercourse is deemed to amount to rape. Even if the woman has consented, it would be considered rape under the law. There is however, an exception to this definition of rape. Un-consented sexual intercourse between a man and his wife would not amount to rape if the wife is 16 years or older. This definition of rape does not include use of other body parts or foreign objects by the offender upon the victims body. Such offences are classified as use of criminal force to outrage the modesty of a woman and are punishable with two years imprisonment or fine or both. Rape, on the other hand, is punishable with imprisonment for seven years to a life term.

Proposals to amend the law on rape

Through an order in 1999, the Supreme Court had directed the Law Commission to review the law on rape (Sakshi vs. Union of India). The Law Commission had in its 172nd Report, dated March 25, 2000 made recommendations to amend the law to widen the definition of rape. In its report, the Commission had recommended that rape be substituted by sexual assault as an offence. Such assault included the use of any object for penetration. It further recognised that there was an increase in the incidence of sexual assaults against boys. The Report recommended the widening of the definition of rape to include circumstances where both men and women could be perpetrators and victims of sexual assault. Amendments to the law on the basis of these recommendations are still awaited. The High Court of Delhi has recognised the need to amend the laws on rape. It observed that the law did not adequately safeguard victims against sexual assaults, which were included by the Law Commission within the scope of rape. It was observed that the definition should be widened to include instances of sexual assault, which may not satisfy the penile-vaginal penetration required under the existing law. 60

 HCS, 2012 (Mains) The 2010 draft Criminal Laws Amendment Bill, released by the Ministry of Home Affairs, attempted to redefine rape. The draft provisions substitute the offence of rape with sexual assault. It widened the scope of the definition.

Issues
The existing legal provisions, the Law Commission Report, the 2010 Bill and the recent proposals are similar in that they provide an exception to marital rape. Under the law, un-consented sexual intercourse is not an offence if the wife is above a certain age. (Under the existing law the wife has to be over 16 years of age and as per new proposal she has to be more than 18 years old.) This is at variance with the proposal of the National Commission of Women (NCW). An amendment to the IPC recommended by the NCW deleted the exemption granted to un-consented sex between a man and his wife if she was more than 16 years old. It therefore criminalised marital rape. This exemption has been retained in the proposed Bill. Furthermore, as per the release, while the age of consent for sexual intercourse will be increased to 18 years, for the purpose of marital sex, the age of consent would be 16 years.

WHITE LABEL ATMs

On 20 June, RBI issued guidelines that permitted White Label ATMs (WLA) to be operated in India. These guidelines could make a very significant change in the banking business - one that would go a long way in improving penetration of banking. This was a move that was long overdue. One can now look forward to very rapid expansion of the ATM networks along with many new services being offered at them.

Present Scenario
Historically, RBI regulations prevented non-bank players from competing in this space. Regulations allowed only commercial banks to own and operate ATMs. This means that each ATM, in the view of the regulator, belonged to the acquiring bank. And no entity other than a commercial bank could do the acquiring part of this process. Building and running ATMs is more of an IT/telecom business and many banks were not keen to create these capabilities. A significant amount of outsourcing was done by banks, whereby the maintenance and in many cases even the rollout of ATM's was done by independent companies for banks. But regulations dictated that all the crucial aspects of running the ATM network remained squarely with banks. Even the locations of ATMs - which banks needed to inform the RBI - were pegged to a bank.

New Guidelines
The new guidelines effectively open up most of the acquiring part of the process to non- bank independent players. They clearly recognize that the information and the funds 61

 HCS, 2012 (Mains) flow are distinct and while there may be some logic in keeping the funds flow within the ambit of commercial banks, the information flows can be performed by non banking entities. The new guidelines make some profound changes, including allowing: Independent white label ATM providers to set up and operate ATM networks (without being a bank); these companies can apply for and get approvals for the locations of ATMs - the locations will be assigned to these companies and not to banks; Independent ATM networks will connect directly with network providers such as Visa, Mastercard, and NFS - thus allowing them to pass on the payment instructions emanating from the ATM without having to go through the acquiring bank. While the cash settlement will continue to be via the acquiring banks (called sponsor banks under the new guidelines), an independent ATM operator can do such settlement through multiple sponsor banks; Allowing companies to tie up with multiple banks as acquiring (sponsor) banks; this will meant that even if the arrangement between a particular bank and an ATM operator is discontinued, the operator can tie up with another bank and continue to operate ATMs. ATM operators the freedom to offer value added services. Effectively, these changes imply that running the ATM network has now been recognized as an independent activity. But at the same time, it has been acknowledged that it is a business that needs the support by banks for activities such as managing cash and for settlement. Thus the RBI has taken significant part of running ATM networks out of the ambit of commercial banking.

Why is this a good idea?

Building out the ATM network is not a core activity for banks. For banks, an ATM is a transaction point for customers. Setting up and running a large number of ATMs is an activity that adds little to the profitability and performance of banks but does add a significant amount of operational burden. This is the reason why many Indian banks started outsourcing ATM rollout and management once they reached a critical mass on ATMs. This is not the business of banking. It is an IT or telecom business. But at a deeper level, it is closer to the retail business, with issues like location, branding, efficiency, multiple services, etc. For independent white label operators, building out a large ATM network and squeezing operational efficiencies out of it would be the core business. They are expected to focus on much faster rollout of network, strategically thinking about locations, squeezing efficiencies in the management of the network, adding value added services, etc. An analog would be the case of money-changing business - what is popularly known as "Exchange Bureaus". For a long time only banks were allowed to run these and so we saw very few outlets even at airports and so on. This business was opened up for private 62

 HCS, 2012 (Mains) independent players about a decade or so ago, which resulted in a dramatic increase in the number of outlets as well as the quality of their service. There are several classes of players that are likely to enter this business. Large established international players (eg Star, Pulse, NYCE from the US) should be interested, as they would see India as a major growth market. Local players currently providing outsourcing services for ATM rollout and management would be another class of players that are likely to enter. ATM manufacturers (eg NCR, Diebold) also could look at this as an extension of their business. Other firms in related business such as telcos that provide the network connectivity could also consider entry. Many aspects of the white label ATM business will only become clear as the story unfolds. The most critical is the long term sustainable economics of the business which will determine the capital that is deployed into the business. While the RBI guidelines prescribe overall restrictions on the fees charged by the ATM operator to the bank, they stay away from prescribing the exact charges, which is the right approach. At first, there will be a bit of a competitive frenzy; some players will set some charges to very low or very high levels. It will be some time before stable pricing structures and levels emerge. The guidelines are not absolutely clear if these companies can develop independent brands for their networks. Overall these guidelines are a move in the right direction. There is a lot in the payment space that is currently tied to commercial banking due to regulatory reasons. The evolution of technology and consumer behavior suggests that many aspects of payment business need not remain confined to banking and in fact taking them out could unleash innovation that would drive significant efficiency gain and consumer value. We can hope that the deregulation of ATMs is the first of several similar steps that the RBI takes to allow the emergence of a payments industry in India, distinct from the business of banking.

Concerns
In terms of financial security it is feared that this may open a door to fly-by-night operators who can setup ATM's to capture card information. But this sounds far fetched. In terms of financial inclusion the question is will these ATM operators be interested in setting up ATMs in rural areas, which may not be economically viable for them?

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HARYANA NEWS

Former Haryana Chief Secretary Urvashi Gulati was administered the oath as Information Commissioner by Governor Jagannath Pahadia at a ceremony held at Haryana Raj Bhavan. Haryana Power Generation Company Limited (HPGCL) has decided to lease four units of the Panipat Thermal Power Station (PTPS) on long-term basis. The HPGCLs board in its 86th meeting held on March 15 decided to engage an agency, which would take over the PTPC on long-term basis on lease, rehabilitate units 3 and 4 while operate unit 1 to 4 for 10 years on the basis of competitive bidding. The board while discussing the proposal for renovation and modernisation of the four units concluded that spending a huge amount of money on the project was financially unviable and decided to lease the four units, which had been adding to the losses of the power utilities due to the high cost of generation due to decreased efficiency.

The 400-KV Sonepat-Jhajjar transmission line has been commissioned. The 99-km transmission lines from Jharli to Sonepat via Rohtak along with two 400-KV and 220-KV substations were successfully commissioned, which would help improve power supply in the region. The work was completed in record 16 months from date of financial closure. The transmission network would initially transmit 1320-MW of power from the Jhajjar Power Plant, where the first 660-MW unit was commissioned by China Light and Power Company in January.

The state Govt. has launched a unique smart card scheme for farmers, arhtias and auction recorders. Smart card is an instrument that will enable farmers to know the prices of crops in various mandis of the state so that they can sell their produce in a market giving the maximum price. The card will have the weight of the crop brought to a mandi by a farmer as well as the price at which the produce has been sold. Farmers can also get all information through SMS. 64

HCS, 2012 (Mains) Govt. of Haryana has renamed the scheme for construction and repair of houses of members belonging to the Scheduled Caste, Vimukt Jaties and Tapriwas as the Baba Saheb Ambedkar Makan Yojna. As per the scheme, a grant of Rs 50,000 is provided to the Scheduled Castes, Scheduled Tribes and Tapriwas for the construction of pucca houses and Rs 10,000 for repair purpose. The Haryana Government has banned the use of expression handicapped saying it violates and undermines the dignity of persons with disability. The expression handicapped was against the spirit of the Constitution, the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, and the United Nations Convention on the Rights of Persons with Disabilities to which India was also a state party. The use of such other expressions as differently abled would also be discouraged as such an expression harps more on the differentiality dimension. The Kurukshetra Zila Parishad has earned the distinction to find a place among 15 zila parishads in the country, after being selected for the Rashtriya Panchayati Raj Award for effective implementation of all rural development schemes and ensuring that the benefits of the schemes percolated in all 419 villages. The Haryana Government has announced Sahitya Akademi's Hindi and Haryanavi Pustak Puraskar and results of Hindi Kahani Pratiyogita and Hindi and Haryanavi Pustak Prakashanarth Sehyog Yojana for 2011. Harbhagwan Chawla's 'Kumbh Se Chhuti Auratein' has been awarded the Pustak Puraskar Yojana in poetry section. Jagmohan Kaur's 'Shart Hai Safar' got the award in the novel, Narender Lahar's 'Sarpanch' was selected in the short story section, Pankaj Sharma's 'Sirf Tum' got the award in the play section, Kumar Sharma Anil's 'Soya Hua Shehar' was conferred the award in essay section and Raghunath Priyadarshi's 'Adarsh Nibandhmala' got the prize in children's literature section. Chief Minister Bhupinder Singh Hooda conferred Haryana Vigyan Ratna and Haryana Yuva Vigyan Ratna Awards, 2010-11, upon four eminent scientists. Those awarded were Dr Harsh Mohan, head of the Department of Pathology, Government Medical College Hospital, Sector 32, Chandigarh; and Dr SKS Marya, vice-chairman, Max Healthcare, New Delhi, who were conferred with the Haryana Vigyan Ratna Award. The award carries a cash prize of Rs 1 lakh, a citation and a trophy. The Haryana Yuva Vigyan Ratna Award was presented to Dr

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 HCS, 2012 (Mains) Gitanjali Yadav and Dr. Mukesh Jain, scientists at the National Institute of Plant Genome Research, New Delhi. The award carries a cash prize of Rs 50,000, a citation and a trophy. The All-India Institute of Medical Sciences (AIIMS), Delhi, took its first step for expansion outside the national capital when Union Health Minister Ghulam Nabi Azad and Haryana Chief Minister Bhupinder Singh Hooda laid the foundation stone of AIIMS Outreach OPD (OOPD) at Badhsa village in Jhajjar district. The OOPD is the first stage for setting up the second campus of AIIMS. The AIIMS-II campus would be bigger than the Delhi AIIMS. The people of Haryana, Punjab, Chandigarh, Himachal Pradesh, Jammu and Kashmir and Rajasthan would benefit in a big way as a national cancer institute, a medical college and a nursing college would also be set up as part of AIIMS-II. Noted film star Om Puri was conferred upon the coveted Pt Jasraj Award instituted by Haryana Institute of Fine Arts (HIFA) while 10 outstanding performers in different fields from Haryana were honoured with Karam Yogi Samman and seven budding talents from the fields of art, media and literature were given Karam Bhumi Samman. Pt Jasraj Award is the highest civilian award carrying a cash prize of Rs 1 lakh, a citation and an ang vastra. The recipients of Karam Yogi Samman, which carried a cash prize of Rs 31,000 and a citation included Dr Ranbir Singh (education), Bhagwan Singh Ahlawat (handloom and handicraft), Devinder Kumar Handa (heritage conservation), Tripurari (theatre), Dr SKS Marya (medical science), Sudhir Sharma (art promotion), Mishri Devi (differently abled), Kalicharan Gupta (fine arts), Dr Harvinder Sharma (Indian classical music) and Nirmal K Midda (trade and industry). While Karam Bhumi Samman carrying a cash prize of Rs 21,000 and a citation was given to Memasa Malik (electronic media), Durga Jasraj, daughter of Pt Jasraj (art promotion), Pradeep Kumar (folk music), Suraj Bedi (Folk Music), Dr Sangeeta Nehra (Alternative medicine), Nazima Jabeen (poetry and literature) and Bhim Mahlotra (fine arts). Haryana will soon have a National Institute of Design (NID) in Kurukshetra. NID Kurukshetra will be second such institute to come up after NID Ahmedabad. The first instalment of Rs 135 crore has already been released for the project The Judicial Commission constituted by the Haryana government to probe the massacre of Sikhs at Haud Chillar village visited the site where innocent people were killed during the 66

 HCS, 2012 (Mains) 1984 anti-Sikh riots. The commission is headed by retired Allahabad High Court judge TP Garg. Haud Chilhar is situated on the outskirts of Chillar village. As many as 32 Sikhs, including men, women and children, were massacred by rioters in the aftermath of the assassination of then Prime Minister Indira Gandhi.

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