DNA 18th November, 20201 PDF

Jatin Verma's IAS Academy 0
Summary of Daily News

Analysis
By Jatin Verma
DNA 18th November, 2020
Our Daily News Analysis covers the most important topics from The Hindu,
Indian Express, Livemint, PIB, ORF, Yojna etc. The daily news analysis
covers both the daily news and important Editorials. All the news articles
are analyzed and summarized for easy reading and understanding. The news
articles are complemented by infographics and diagrams. We provide
summaries of important editorials from The Hindu and Indian Express in a crisp
manner. Important facts are highlighted for your convenience.
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Governance & Polity related issues

G. S. Mains Paper - 2
❏ Page 4: Bru refugees demand immediate implementation of settlement pact
❏ Page 10: Lack of consent won’t vitiate CBI probe: SC
International relations related issues

❏ Page 13: Trump sought options for attacking Iran nuclear site
Economy and Internal security related issues

❏ Page 1: What mechanism do you have against fake news, SC asks govt.
❏ Page 14: RBI moots DBS takeover as LVB faces moratorium
❏ Page 14: Goldman sees narrower GDP contraction of 10.3%
Environment & Sci-tech related issues

❏ Page 2: ‘Find out what happened to missing circus animals during inspection’
Page 6: Important Editorials

● Page 6: Fragile ceasefire
● Page 6: Changing the discourse on victim jurisprudence
Page 7: Important Editorials

● Page 7: Shifting sands for Asian economies
● Page 7: Constitutional fault lines

Jatin Verma; All rights reserved Jatin Verma's IAS- https://t.me/iastayariwithjv
Mind Maps


Polity and Governance

related issues
G.S. Mains Paper-2
Page 4: Bru refugees demand immediate implementation of settlement pact

Context
● Leaders of the Mizoram Bru refugees have demanded commencement of their permanent rehabilitation
in Tripura in the light of the quadripartite agreement signed in New Delhi in January.
● They made the demand during a meeting with Chief Secretary in the presence of the State’s royal scion and
activist.
Delaying in the rehabilitation process

● They have urged the Chief Secretary to start their settlement work within two weeks.
● The rehabilitation process was already delayed by six
months due to the COVID-19.
● The State’s royal scion and activist discussed the issue with
Chief. He expressed displeasure over the delay in the
rehabilitation work.
● Union Home Minister had presided over the signing of the
accord by the MHA with the State governments of
Mizoram, Tripura and the leaders of the refugees to
permanently settle some 35,000 evacuees in Tripura.
● The State government had selected 12 places including the
Kanchanpur subdivision in north Tripura where the Brus
have been housed in six makeshift camps since 1997.
● However, the decision to settle some of the refugees is
facing protests from a local forum called Joint
Movement.
Indefinite strike
● The Joint Movement has enforced an indefinite strike in
Kanchanpur from November 17 to press the State
government to give up plans to rehabilitate the Brus in the
area.
JV’s Analysis
Bru Resettlement Issue
● Recently, three organisations representing the Bru community have rejected the sites proposed for their
resettlement by the Joint Movement Committee (JMC).
● Joint Movement Committee (JMC) is an umbrella group of non-Bru community in Tripura.
● The JMC comprises the Bengali, Mizo, Buddhist Barua and some other communities.
● The three organisations included -
 Mizoram Bru Displaced Peoples’ Forum,
 Mizoram Bru Displaced Peoples’ Coordination Committee and
 Bru Displaced Welfare Committee
Background

● Bru or Reang is a community indigenous to Northeast India, living mostly in Tripura, Mizoram and Assam.
● In Tripura, they are recognised as a Particularly Vulnerable Tribal Group.
● In Mizoram, they have been targeted by groups that do not consider them indigenous to the state.
● In 1997, following ethnic clashes, nearly 37,000 Brus fled Mamit, Kolasib and Lunglei districts of Mizoram
and were accommodated in relief camps in Tripura.
● Since then, 5,000 have returned to Mizoram in eight phases of repatriation, while 32,000 still live in six relief
camps in North Tripura.
● In June 2018, community leaders from the Bru camps signed an agreement with the Centre and the two state
governments, providing for repatriation in Mizoram. But most camp residents rejected the terms of the
agreement.
● According to them, the agreement doesn't guarantee their safety in Mizoram.
● The Centre, the governments of Mizoram and Tripura and leaders of Bru organisations signed a quadripartite
agreement in January (2020) to let the remaining 35,000 refugees who have stayed back to be resettled in
Tripura.
● The rehabilitation package offered included financial assistance of ₹4 lakh and land for constructing a house
for each family.
JMC’s Actions
● On 21st July 2020, the JMC had submitted a memorandum to the Tripura government specifying six places in
Kanchanpur and Panisagar subdivisions of North Tripura district for resettlement of Brus.
○ Limiting the number of families: Proposal of limiting the number to 500 families at most be settled in
these places.
○ Limited Resources: They maintain that the State (Tripura) does not have enough space and resources to
accommodate them (Bru).
Arguments by Bru Community Representatives

● This action of site selection by the JMC is completely unjustified as they were not a part of the quadrilateral
agreement.

● Also the sites proposed by the JMC are unconnected by road and electricity and too far from hospitals, schools
and other facilities.
● The representatives have insisted on resettling some 6,500 families in clusters of 500 families at each of the sites
of their choice - seven in North Tripura district and five in the adjoining Dhalai district.
● They have also rejected the demand for inclusion of four JMC members in the monitoring team for the
resettlement of the Bru, as they are having no connection or involvement in the issue of either repatriation to
Mizoram or resettlement in Tripura during the last 23 years.
Practice Question
Q. In 2018-July, Home ministry officials were trying to work out peace and rehabilitation deal for the Bru
(Reang) refugees. Who are these refugees?
A. They’re originally from Myanmar, currently residing in Tripura.
B. They’re originally from Manipur, currently residing in Mizoram.
C. They’re originally from Mizoram, currently residing in Tripura.
D. They’re originally from Tripura, currently residing in Mizoram.
Solution: C
Explanation: Originally from Mizoram, but living in Tripura since 1997 due to conflict with the Mizo tribe.
Page 10: Lack of consent won’t vitiate CBI probe: SC

Context
● Once a court takes cognisance of a corruption case investigated by the CBI, it cannot be set aside for lack of
the State government’s prior consent for the probe against some of the accused, unless it is shown that it has
resulted in prejudice.
SC’s Observations
● The cognisance and trial in a CBI case against public servants “cannot be set aside unless the illegality in the
investigation can be shown to have brought about miscarriage of justice”.
● Thus, if the State had given a general consent to CBI investigation in a corruption case and cognisance has been
taken by the court, the case cannot be set aside unless the public servants plead that prejudice has been caused
to them on account of non-obtaining of prior consent under Section 6 of the Delhi Special Police Establishment
Act.
● However, the court underscored that the CBI cannot extend its powers to any State unless the State government
grants its consent.
● This arrangement is in tune with the federal character of the Constitution.
Background
● The judgment came in appeals challenging a judgment passed by the Allahabad High Court in August 2019
against the Fertico Marketing and Investment Private Limited and others.
● A surprise raid by the CBI in the factory premises of the company found that the coal
purchased by it under the Fuel Supply Agreement (FSA) with the Coal India Limited
was allegedly sold in the black market. The CBI had registered a crime.
● It was later found that two officials of the District Industries Centre were also involved.
● They contended that the general consent given by the State government was not enough,
and separate consent ought to have been obtained prior to their being investigated.
● The High Court had noted that the Uttar Pradesh government had granted post
facto consent against the two public servants and that was sufficient for proceeding
with the case. The top court upheld the the HC order.

International relations
related issues
G.S. Mains Paper-2
Page 13: Trump sought options for attacking Iran nuclear site
Context
● US President asked senior advisers whether he had options to take action against Iran’s main nuclear site in the
coming weeks.
Stockpile of nuclear material

● The meeting occurred a day after international inspectors reported a significant increase in the country’s
stockpile of nuclear material.
● A range of senior advisers dissuaded the President from moving ahead with a military strike.
● The advisers warned that a strike against Iran’s facilities could easily escalate into a broader conflict in the last
weeks of Trump’s presidency.
Natanz on the radar

● Any strike would almost certainly be focused on Natanz, where the International Atomic Energy Agency
reported that Iran’s uranium stockpile was now 12 times larger than permitted under the nuclear accord
that Trump abandoned in 2018.
● The agency also noted that Iran had not allowed it access to another suspected site where there was evidence of
past nuclear activity.
● US president asked his top national security aides what options were available and how to respond.
● After describing the potential risks of military escalation, officials left the meeting believing a missile attack
inside Iran was off the table.
● US president might still be looking at ways to strike Iranian assets and allies, including militias in Iraq.
● A smaller group of national security aides had met to discuss Iran, the day before the meeting with the President.
An array of global threats

● The episode underscored how Trump still faces an array of global threats in his final weeks in office.
● A strike on Iran may not play well to his base, which is largely opposed to a deeper American conflict in West
Asia, but it could poison relations with Tehran so that it would be much harder for President-elect Joe Biden to
revive the 2015 Iran nuclear accord, as he has promised to do.
● Since Trump dismissed Defense Secretary and other top Pentagon aides, Defense Department and other national
security officials have privately expressed worries that the President might initiate operations, whether overt or
secret, against Iran or other adversaries at the end of his term.
● The events of the past few days are not the first time that Iran policy has emerged in the final days of a
departing administration.
● During the last days of the Bush administration in 2008, Israeli officials, concerned that the incoming Obama
administration would seek to block it from striking Iran’s nuclear facilities, sought bunker-busting bombs,
bombers and intelligence assistance from the U.S. for an Israeli-led strike.
Cyber options
● Vice-President later supported the idea. President George W. Bush did not, but the result was a far closer
collaboration with Israel on a cyberstrike against the Natanz facility, which took out about 1,000 of Iran’s nuclear
centrifuges.
● Ever since, the Pentagon has revised its strike plans multiple times. It now has traditional military as well as
cyber options, and some that combine the two. Some involve direct action by Israel.

● The report from the IAEA concluded that Iran now had a stockpile of more than 2,442 kg of low-enriched
uranium.
● That is enough to produce about two nuclear weapons, according to an analysis of the report by the Institute for
Science and International Security.
● But it would require several months of additional processing to enrich the uranium to bomb-grade material,
meaning that Iran would not be close to a bomb until late spring at the earliest - well after Trump would have
left office.
JV’s Analysis
US-Iran Tensions in current times
● The policy of maximum pressure: In May 2018, US President Donald Trump abandons the nuclear deal and
reinstated economic sanctions against Iran and threatening to do the same to countries and firms that continue
buying its oil.
● The policy of strategic patience: Iran acted with restraint, with thinking that abiding by the nuclear deal it could
get economic favour from EU.
○ However, this policy failed to work for Iran and thereby it began a counter-pressure campaign.
● In June 2019, Iranian forces shoot down a US military drone over the Strait of Hormuz and then began the
cycle of response and escalation between the two countries.
● In January 2020, the top Iranian general Qassem Soleimani (the commander of the Al-Quds Force of Iran’s
Islamic Revolutionary Guard Corps, IRGC) was assassinated by the US during his visit to Iraq.
Possible Impact of US-Iran Conflict

● Destabilisation of West Asia
○ West Asia has already been ravaged by past conflicts like the Syrian civil war, War against ISIS.
● Shock in Oil Supplies
○ Instability in the region can impact global oil supplies which in turn can affect the global production and
trade.
● Disruption in Afghan Peace Process
○ US-Iran conflict can also hamper connectivity to Afghanistan (via Iran).

● Intensification of Regional Rivalries

○ Saudi Arabia and Israel are strategic allies of the US, the rising tension between the US and Iran will
mean other regional players will also be involved.
Impact on India
● The conflict can affect oil supplies in the country.
 India imports 84% of the oil it needs. Thus, a spike in the price of oil makes a big difference not just
to domestic cost conditions but also to the balance of payments.
 India’s foreign exchange reserves are relatively comfortable, at over $450 billion, and can easily
cover 9-10 months’ imports at current prices.
 An increase in the price of oil would have to be both sharp and sustained in order to erode this buffer.
● Large Indian diaspora in West Asia, and particularly the Persian Gulf might be affected due to the tension in
the region.
 Their safety will have to be a priority. India has in the past organised big evacuations - famously from
Kuwait at the time of the first Gulf War, and more recently from Libya.
 However, the scale of any evacuation from the Gulf would on this occasion be even larger even if it
remains relatively unlikely.
● Strategic connectivity interests of India might be affected. This includes the port of Chabahar in Iran, linking
India to Afghanistan and Central Asia.
 The project which received a rare exemption from US sanctions, but in the event of an escalation of
tensions the viability of other connectivity projects will also get compromised.
 However, Iran has decided to proceed with the Chabahar rail line construction on its own, citing delays
from the Indian side in beginning and funding the project.
● After Iran, India has perhaps the largest number of the world’s Shia population and the possibility of some of
them being radicalised by this event cannot be ruled out.


Economy and Internal security related issues

Page 1: What mechanism do you have against fake news, SC asks govt.
Context
● The Supreme Court asked the Centre to explain its “mechanism” against fake news and bigotry on air,
and to create one if it did not already exist.
● Inability on the government’s part may well see the job go to an “outside agency”.
SC’s Observations
● The Court questioned why should we ask private entities like NBSA, etc., when we have the authority.
● The court was “disappointed” with the contents of the latest government affidavit, filed by Information and
Broadcasting Secretary, in the Tablighi Jamaat case.
● The case is based on petitions, including by Jamiat Ulama-i-Hind, against the communal colour given by certain
sections of the electronic media to the holding of a Tablighi Jamaat event in the National Capital during the
lockdown.
A matter of journalistic policy

● The affidavit said media coverage “predominantly struck a balanced and neutral perspective” in the past few
months.
● It explained that as a “matter of journalistic policy, any section of the media may highlight different events,
issues and happenings across the world as per their choice.”
● It was for the viewer to choose from the varied opinions offered by different media outlets.
● The petitions in the court contained vague assertions against the media based on “fact-checking news reports”.
● Besides, the government had already blocked 743 social media accounts and URLs spreading fake news on
COVID-19.
JV’s Analysis
The menace of Fake News
● Fake news is news, stories or hoaxes created to deliberately misinform or deceive readers.
● Usually, these stories are created to either influence people’s views, push a political agenda or cause confusion
and can often be a profitable business for online publishers.
● Fake news is not a new phenomenon which is linked to the rise of social media, on the contrary from the times
of ancient Greece, the governments and political actors (anyone in the business of mobilising public opinion)
have always invested in disinformation campaigns to build narratives of their choice.
Causes of Spread of Fake News In India

● Erosion of Media Ethics
 News media is no longer seen as an arbitrator of the ‘real news’. Media is alleged to be echo-chamber
of the dominant political class.
 Thus News Media have lost credibility due to complicit and motivated reporting, which has become a
source of fake news.
● Social Media
 The advent of social media has decentralized the creation and propagation of fake news.
 The sheer vastness of the internet (over 35 crore users in India) and social media users (an estimated
over 20 crore WhatsApp users alone) makes tracing the origin of fake news almost impossible.
● Polarization of society
 Increasing divide in the society on ideological lines has made the job of spreading fake news easier.
● Confirmation Bias

 Studies have confirmed that people don’t care about finding the ‘truth’ behind a news item and instead
look for evidence to support their preferred narrative.
Laws and Regulation to Curb Fake News in India

● There is no specific law against fake news in India. Free publication of news flows from Article 19 of the
Constitution guaranteeing freedom of speech.
● Press Council of India, a regulatory body, can warn, admonish or censure the newspaper, the news agency, the
editor or the journalist or disapprove the conduct of the editor or the journalist if it finds that a newspaper or a
news agency has violated journalistic ethics.
● News Broadcasters Association (NBA) represents the private television news and current affairs broadcasters.
The self-regulatory body probes complaints against electronic media.
● Indian Broadcast Foundation (IBF) also looks into the complaints against contents aired by channels.
● Broadcasting Content Complaint Council (BCCC) admits complaints against TV broadcasters for objectionable
TV content and fake news.
Indian Penal Code (IPC) has certain sections which could curb fake news:
● Sections 153 (wantonly giving provocation with intent to cause riot) and 295 (injuring or defiling place of
worship with intent to insult the religion of any class) can be invoked to guard against fake news.
● Section 66 in The Information Technology Act, 2000: If any person, dishonestly or fraudulently, does any act
referred to in section 43 (damage to computer, computer system), he shall be punishable with imprisonment for
a term which may extend to three years or with fine which may extend to five lakh rupees or with both.
● Civil or Criminal Case for Defamation is another resort against fake news for individuals and groups hurt by
the fake news.
○ IPC Section 499 (defamation) and 500 (whoever defames another shall be punished with simple
imprisonment for a term which may extend to two years, or with fine, or with both) provide for a
defamation suit.
Government Response and its Withdrawal

● In April 2018, the government amended the ‘Guidelines for Accreditation of Journalists’, to tackle fake news
across media by providing for cancellation of accreditation of journalists even before the completion of proposed
15-days inquiry.
● It was withdrawn in fifteen hours after protests by media for being authoritarian.
● The Rajiv Gandhi government also had to withdraw the 1988 Defamation Bill aimed at curtailing press
freedom.
● In the wake of Bofors and other corruption reporting in media, the bill sought to create new offenses of ‘criminal
imputation’ and ‘scurrilous writings’.
● Recently, India has dropped to two places on the World Press Freedom Index, 2020 to be ranked 142nd out
of 180 countries.
How to tackle it?

1. Education and Awareness
● The government must take the initiative to make all sections of the population aware of the realities of this
information war and evolve a consensus to fight this war. It must also take strict action against the fake news
providers.
● Government should take active measures for promoting awareness among people about fake news and their
consequences.
● Italy, for example, has experimentally added ‘recognizing fake news’ in school syllabus. India should also
seriously emphasize cybersecurity, internet education, fake news education in the academic curriculum at all
levels.

2. Strict Regulation:
● News being spread using chatbots and other automated pieces of software should automatically be selected for
special screening.
● Government should have independent agency to verify the data being circulated in social and other media.
The agency should be tasked with presenting real facts and figures.
3. An ombudsman Institution: It deals with the credibility of news sources and ensures that the facts are reported.
4. Legislation to Curb Fake News:
● Any future legislation to curb fake news should take the whole picture into account and not blame the media and
go for knee-jerk reactions.
● Government should have mechanism for immediately issuing of notice against sites/people/agencies involved
in spreading fake news.
3. Accountability of Social Media: Social media websites should be made accountable of such activities so that it
becomes their responsibility to have better control over the spread of fake news.
4. Help From Individuals and Civil Society:
● They should act as active vigilant for maintaining peace and harmony in the society.
3. Using Artificial Intelligence: The artificial intelligence technologies, particularly machine learning and
natural language processing, might be leveraged to combat the fake news problem.
Page 14: RBI moots DBS takeover as LVB faces moratorium

Context
● The Reserve Bank of India (RBI) proposed a draft scheme of amalgamation that entails the Indian unit of
Singapore’s DBS Bank taking over the capital-starved Lakshmi Vilas Bank (LVB), within hours of the Centre
imposing a one-month moratorium on the Karur-based lender that temporarily capped withdrawals at ₹25,000.
Superseded the private lender

● The moratorium commenced with effect from the close of business on November 17.
● The RBI also superseded the private lender’s board in order to protect the depositors’ interest following a
“serious deterioration” in the bank’s financial position and appointed a former Non Executive Chairman of
Canara Bank as Administrator.
● DBS Bank India Ltd. (DBIL) was ‘well capitalised’. It will bring in additional capital of ₹2,500 crore upfront,
to support credit growth of the merged entity.

● The Reserve Bank assures the depositors of the bank that their interest will be fully protected and there is no
need to panic.
JV’s Input
Benefits of Amalgamation or Merger of banks
For Banks
● Large banks can gear up to international standards with innovative products and services with the accepted
level of efficiency.
● Consolidation also helps in improving the professional standards.
● This will also end the unhealthy and intense competition going on even among public sector banks as of
now.
● In the global market, the Indian banks will gain greater recognition and higher rating.
● The volume of inter-bank transactions will come down, resulting in saving of considerable time in clearing
and reconciliation of accounts.
● After mergers, bargaining strength of bank staff will become more and visible.
● Bank staff may look forward to better wages and service conditions in future.
For economy
● Reduction in the cost of doing business.
● Technical inefficiency reduces.
● The size of each business entity after merger is expected to add strength to the Indian Banking System in
general and Public Sector Banks in particular.
● After merger, Indian Banks can manage their liquidity - short term as well as long term - position
comfortably.
● Synergy of operations and scale of economy in the new entity will result in savings and higher profits.
● A great number of posts of CMD, ED, GM and Zonal Managers will be abolished, resulting in savings of crores
of Rupee.
● Customers will have access to fewer banks offering them wider range of products at a lower cost.
● Mergers can diversify risk management.
For government
● The burden on the central government to recapitalize the public sector banks again and again will come down
substantially.
● This will also help in meeting more stringent norms under BASEL III, especially capital adequacy ratio.
● From regulatory perspective, monitoring and control of less number of banks will be easier after mergers.
❏ Committees in this regard
● Narasimham committee (1991 and 1998) suggested merger of strong banks both in public sector and even with
the developmental financial institutions and NBFCs.
● Khan committee in 1997 stressed the need for harmonization of roles of commercial banks and the financial
institutions.
● Verma committee pointed out that consolidation will lead to pooling of strengths and lead to overall reduction
in cost of operations.
Concerns associated with merger

● Problems to adjust top leadership in institutions and the unions.
● Mergers will result in shifting/closure of many ATMs, Branches and controlling offices, as it is not prudent
and economical to keep so many banks concentrated in several pockets, notably in urban and metropolitan
centres.

● Mergers will result in immediate job losses on account of large number of people taking VRS on one side and
slow down or stoppage of further recruitment on the other.
● This will worsen the unemployment situation further and may create law and order problems and social
disturbances.
● Mergers will result in clash of different organizational cultures. Conflicts will arise in the area of systems and
processes too.
● When a big bank books huge loss or crumbles, there will be a big jolt in the entire banking industry. Its
repercussions will be felt everywhere.
Page 14: Goldman sees narrower GDP contraction of 10.3%

Context
● Goldman Sachs has revised upwards its estimate for India’s GDP this year to a 10.3% contraction from a
14.8% contraction projected earlier, and expects the economy to grow by as much as 13% in 2021-22, higher
than other forecasts made so far.
Activity to rebound in consumer-facing sectors

● The financial services firm’s projections are driven by expectations of broad-based availability of an effective
vaccine in India that could allow containment policies and mobility to normalise by mid-2022.
● This would allow activity to rebound in consumer-facing sectors that continue to languish significantly below
pre-COVID activity levels.
● The pace of the rebound will be restrained by some economic scarring and factors including a weak labour
market, the hit to private sector incomes and balance sheets, tighter credit supply conditions and a limited
impetus from fiscal policy.
● Overall, they expect real GDP growth to rebound to 13% in FY22 (above consensus expectations of 10.9%),
after an expected -10.3% contraction in FY21.

Environment & Sci-tech

related issues
G.S. Mains Paper-3
Page 2: ‘Find out what happened to missing circus animals during inspection’
Context
● The Delhi High Court asked the Animal Welfare Board of India (AWBI) and the Central Zoo Authority (CZA)
to find out what happened to the circus animals which were missing when inspection was carried out at circuses
across the country.
● It was surprised by the huge gap in the number of animals found by the AWBI, as against those registered
with it, when inspection was carried out.
HC’s observations
● Out of 740 animals registered with AWBI, information is available regarding only 28.
● This was a serious issue as it inquired about the rest of the animals. It also sought an explanation on why the
Board inspected only 19 out of the 28 circuses in the country.
● The court direction came after the Federation of Indian Animals Protection Organisation (FIAPO) said that
around 740 circus animals were registered with it, but in the survey only 28 were found.
Exact data
● The counsel appearing for the federation submitted that many circuses have closed down as per the information
received from AWBI, and hence it is important to know how many circuses are functioning as on date.
● The court’s direction came while hearing two separate petitions filed by FIAPO and People for the Ethical
Treatment of Animals (PETA) India seeking directions for protection of animals in circuses due to the
pandemic.
● PETA India has claimed that due to the pandemic outbreak and the lockdown, circuses are finding it difficult to
feed the animals who are at various stages of starvation.
● PETA has also sought a direction to the Centre to immediately notify the Performing Animals (Registration)
Amendment Rules of 2018, which expressly prohibit training and exhibition of performing animals in circuses
and “mobile entertainment facilities”.
● FIAPO has challenged the Performing Animal Rules, 1973 and Performing Animal (Registration) Rules,
2001 to the extent that they allow registration of animals as ‘performing animals’ for circuses as against the
Prevention of Cruelty to Animals Act and the Constitution of India.
● Their plea stated that on account of the pandemic, there have been numerous reports of animals being stranded
or abandoned.
JV’s Analysis
Survey On Animals In Circuses
● Recently, the Delhi High Court has directed the Animal Welfare Board (AWB) to forthwith carry out a
nationwide survey to find out the number of animals in circuses, which are unable to perform due to the COVID-
19 pandemic, and consider rehabilitating them to the nearest zoos.
● The court has also issued notices to other relevant stakeholders and directed them to file replies within two
weeks.
The issue
● The court was hearing a plea stating that the condition of animals is vulnerable due to bankruptcy of circuses
due to the pandemic.

● The petition was filed by Federation of Indian Animals Protection (FIAPO), which is a collection of 100
organisations working towards the protection of animal rights for over a decade.
Present challenges
● Circuses with animals performing tricks often use wild animals, including elephants, hippos, and exotic birds.
● These animals are very often used without requisite paperwork certifying their fitness.
● Investigations show animals being chained and tied up for several hours each day, made to perform several
shows without proper rest, trained using negative reinforcement with instruments like metal rods, wooden sticks,
whips and outdated and barbaric tools like hooks and spiked belts.
● These are in direct violations of animal protection laws, animal rights and welfare.
Way ahead
● Authorities should formulate an appropriate scheme for the rescue, rehabilitation and relocation of all
animals rescued from circuses.
● There is also an urgent need to ban animals from circuses initiating their rehabilitation.
● As an interim relief, the authorities should take custody of all animals from all circuses operating in India and
make appropriate arrangements for their transfer and well-being.

Editorial Analysis
Fragile Ceasefire
Context
● The six-week-long war over Nagorno-Karabakh has come to a halt following a Russian-brokered ceasefire
agreement between Armenia and Azerbaijan, but only after altering the balance of power in the region.
● Before Azerbaijan President went to war in late September, Nagorno-Karabakh and its surrounding villages
connecting the enclave with mainland Armenia were controlled by either Armenian troops or their proxies.
A political backlash.
● Armenia had captured the mountainous region within Azerbaijan - populated by ethnic Armenians - in
the earlier war in the 1990s.
● But tensions continued even after the 1994 ceasefire.
● When he launched the offensive backed by Turkey, vowed to capture Nagorno-Karabakh.
● Last week, when the ceasefire was announced, Azeri troops had captured several areas around Nagorno-
Karabakh from Armenia, including the strategic Shusha, a city just 16 km from Nagorno-Karabakh capital,
Stepanakert.
● If Armenia was seen as the victor in the 1991-94 war, Azerbaijan President has claimed triumph this time.
● On the other side, Armenian Prime Minister is facing a political backlash.
● Yerevan has seen protests against the troops’ withdrawal, Foreign Minister has quit over the ceasefire and the
country’s President has asked Armenian Prime Minister to resign and hold a snap election.

Global aspects
● Even if the direct conflict was between Armenia and Azerbaijan, two bigger powers had high stakes - Russia
and Turkey.
● While Turkey strongly supported Azerbaijan, reportedly with armed drones and military advisers, Russia,
which has a security agreement with Armenia, tried to remain neutral.
● While Azerbaijan made military progress, Russia resisted calls to back Armenia and continued with its push to
bring the conflict in its backyard to an end, which it managed to do, finally.
● Vladimir Putin is the only signatory to the agreement besides the leaders of Armenia and Azerbaijan.
● While Armenia was forced to pull back from several villages and Shusha, it avoided defeat in Nagorno-
Karabakh.
● Russia would send 2,000 peacekeepers to protect the remaining Armenian population and patrol the corridor that
links the enclave with the Armenian mainland.
● While the ceasefire has reinforced Russia’s influence in the region, the war itself pointed to its declining clout
in its backyard.
● Turkey did not only help Azerbaijan fight a war against Moscow’s wishes but also made sure that the Azeris
prevailed in the conflict.
● So now, there is a triumphant Azerbaijan, a wounded Armenia, a cautious Russia and an ambitious Turkey,
with a fragile truce over an unresolved dispute.
● For peace to prevail, Armenia and Azerbaijan must find a lasting settlement to the status of Nagorno-Karabakh.
● The ceasefire in 1994 did not resolve the conflict. And unlike 1994, when Russia was the only big power,
now, the South Caucasus is open for contest between Russia and Turkey, which makes the crisis even
more dangerous.

Page 6: Changing the discourse on victim jurisprudence

Context
● With the state firmly planted in the driver’s seat, the engine of our criminal justice system runs full throttle in
the name of justice; but on-boards only the accused and the functionaries.
● The primary victims - mere witnesses in the eyes of the law - are side-lined and left to their own resources.
● The victims, for no fault of their own, are frequently left without remedy where the institutions geared towards
securing justice to them fail to deliver.
Recognition of victim rights to access to justice

● Any reform in criminal laws would be incomplete without accounting for these concerns.
● While several steps have been taken to come up with remedies, progress has been piecemeal and marked
by judicial initiative rather than legislative enterprise.
● While the Supreme Court has led the movement for recognition of victim rights to access to justice, compensation
and assistance, little has changed in terms of both the black letter of the law and the ground realities.
● There is an overwhelming need to re-conceptualise the institutions of our criminal justice system to account for
victims both at the pre- and post-crime levels.
● As opposed to post-crime mitigation and rehabilitation, a pre-crime conceptualisation of victimisation is geared
towards prevention.
● Crime prevention is an oft-cited but least studied aspect of our criminal justice system.
● Examination of crime-prevention from the victim’s perspective is even rarer.
● Among other methods, situational crime prevention through risk-mapping and vulnerability-mapping stands out
in terms of viability and efficacy.
● A truly effective criminal justice system can identify potential victims and to put measures to protect them in
place - before the incidence of crime itself.
● Capacity building and effective implementation are key to such endeavours.
Victim’s rights and needs

● In a post-crime scenario, however, there is a need to shed the image of the victim as a mere witness and to
institutionally recognise their rights and requirements.
● The same thing can be achieved through a legislative recognition of the following points.
● First, the conceptualisation of access to justice for victims requires viewing such access less in terms of
Directive Principles of State Policy under Article 39A, and more as a fundamental right under Articles 14 and
21.
 There is an urgent need to strengthen the complaint mechanism for non-registration of FIR u/s.
154(3) Code of Criminal Procedure, and extension of Section 166A(c) in the Indian Penal Code to all
cognisable offences.
 Further, access to justice also requires the creation of victim-friendly procedures that are aimed at
reducing their inconvenience.
● Second, it is imperative to recognise the need for effective victim participation.
 Currently, the victims and their counsels are entitled to extremely limited participation.
 In line with the global trend, there is a need to recognise the right of victims to be heard at all appropriate
stages of a trial.
 Victim Impact Statements can help accord this right.
 Moreover, substantive access to justice also requires access to legal aid.
 Such legal aid has the potential to culminate in effective victim participation if provided to the victim
from the stage of reporting to the stage of sentencing and appeal.
● Third, such legal aid to victims is also imperative for fruition of their right to information.
 The right to information, in turn, enables their access to all other rights.

 Ergo, victims must be entitled to information regarding their role in the criminal justice process, what
they can expect from the criminal justice system, status of the trial,and also their other rights and
entitlements as a victim of crime.
● Fourth, the right to information can also go a long way in securing the right to protection.
 The victim must be kept abreast of all developments in the trial process which may potentially
compromise their security.
 This would require intimation of the victim in connection with any hearing changing the nature of the
accused’s custody including his release on bail or parole.
 The framework for such intimation is already available to specific victims in Section 15A of the
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
 Other measures for witness protection such as relocation and change in identity, as provided for in the
Witness Protection Scheme, too need to be reviewed and enforced effectively.
● Fifth, the concept of assistance as envisaged in the 1985 UN Declaration of Basic Principles of Justice for
Victims of Crime and Abuse of Power needs to be recognised as a right, not merely for victims of rape and acid
attack, but for all victims of crime in general.
 The state must play the role of a facilitator in providing to the victims all such assistance as is necessary
- medical, psychological, financial and material.
 The same would require institutional capacity building, through ramping up of infrastructure such as
one-stop centres, training of existing functionaries, and by engaging with and promoting the non-
governmental organisations involved in providing such assistance to victims.
● Sixth, the right to compensation, recognised to a limited extent under our current laws, is lacking in many
respects.
 Primarily, the political will for its enforcement at a state level has been found to be wanting.
 Additionally, the Victim Compensation Scheme provided for under Section 357A of the Code of
Criminal Procedure must be revitalised by revising it in terms of accessibility and adequacy.
● Seventh, the right to restitution must be separated from the right to compensation.
 Both terms have been used inter-changeably in our criminal justice system, leading to a large degree of
confusion.
 But if the scheme of the 1985 Declaration is adopted, restitution can be differentiated from
compensation in that the first right is enforceable against the accused while the second right is
enforceable against the state.
 In this sense, the right to restitution is already present to some extent in Section 357A of the Code of
Criminal Procedure, but has been mis-termed as ‘compensation’.
 Section 357 provides that where the court imposes a sentence of fine, the court may use the same, in
whole or in part, for paying compensation for any loss or injury.
 The Supreme Court has repeated that the provision should be used liberally. The same must be made
mandatory wherever appropriate.
Global discourse
● The global discourse on victim jurisprudence has now matured enough to be incorporated directly into our laws.
● In his seminal piece, Herbert L. Packer stressed that a criminal justice system focuses on two values - of
crime control and due process.
● But in line with Douglas E. Beloof’s addendum to Packer’s models, there is a need to introduce a third value
- victim participation.
● Without such a value, the aim of justice will remain unfulfilled; always just a little out of reach.
Page 7: Constitutional fault lines

Context
● The Governor of Tamil Nadu (T.N.) has continued to withhold his decision on an application seeking pardon
filed by one of the seven prisoners convicted in the Rajiv Gandhi assassination case.

● In September 2018, the Supreme Court (SC) had observed, while hearing a connected writ petition, that the
Governor should take a decision.
Rise to constitutional fault lines

● A subsequent resolution passed by the Council of Ministers in favour of releasing all seven prisoners had
rendered the matter fait accompli.
● The inaction by the Governor now has given rise to constitutional fault lines within the Executive arm of
the government.
● A five-judge Bench of the Supreme Court in Maru Ram v. Union of India (1981) held that the pardoning
power “under Articles 72 and 161 of the Constitution can be exercised by the Central and the State
Governments, not by the President or Governor on their own.”
● In that case, Justice V.R. Krishna Iyer, speaking for the majority judgment, reiterated that the “advice of the
appropriate Government binds the Head of the State”.
● Therefore, a Governor is neither expected, nor is empowered, to test the constitutionality of the order or
resolution presented to her. That is a power reserved exclusively for constitutional courts of the country.
Past judgments
● Only recently, the Supreme Court, had examined the inordinate delay by constitutional authorities - the President
and the Governor - in taking decisions on mercy petitions.
● The Supreme Court, in the case of Shatrugan Chouhan v. Union of India, laid down the principle of
“presumption of dehumanising effect of such delay”.
● Taking cognisance of undue delay in the cases of the petitioners who were incarcerated prisoners, the Supreme
Court confirmed that the due process guaranteed under Article 21 was available to each and every prisoner “till
his last breath”.
● The Supreme Court had exercised its powers under Article 32 of the Constitution to commute the death
sentences of 15 convicts and essentially interfered when an inordinate delay to perform a constitutional function
was brought to its notice.
● For long, Governors, like Speakers, considered themselves to be unanswerable for their actions.
● However, the apex court has clarified that constitutional functionaries are not exempt from judicial scrutiny.
● In the recent case of Keisham Meghachandra Singh v. Hon’ble Speaker (2020),the Supreme Court was asked
to examine the Speaker’s inaction with regard to disqualification proceedings.
● It was hitherto believed that the powers of the Speaker, holding a constitutional office and exercising powers
granted under the Constitution, were beyond the scope of a ‘writ of mandamus’.
● However, the apex court, recalling an earlier judgment in Rajendra Singh Rana v. Swami Prasad Maurya
(2007),had confirmed its view that the “failure on the part of the Speaker to decide the application seeking a
disqualification cannot be said to be merely in the realm of procedure” and that it “goes against the very
constitutional scheme of adjudication contemplated by the Tenth Schedule”.
● Consequently, breaking years of convention, the SC, in the Keisham Meghachandra Singh case issued a judicial
direction to the Speaker to decide the disqualification petitions within a period of four weeks.
● By doing so, the Supreme Court has indicated that it would only exercise caution when it comes to providing
injunctions in quia timet actions, but would not be precluded from issuing directions in aid of a constitutional
authority “arriving at a prompt decision”.
Present case
● In the present case, there has been a substantial delay at the hands of the Governor.
● The fifteenth Legislative Assembly of Tamil Nadu and consequently, the Council of Ministers, will end in May,
2021.
● This calls for the immediate interference of the Supreme Court, for it otherwise would render the resolution
passed by the Council of Ministers and words contained in Article 161 of the Constitution meaningless.




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Jatin Verma's IAS Academy 0

Summary of Daily News

DNA 18th November, 2020

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Governance & Polity related issues

International relations related issues

Economy and Internal security related issues

Environment & Sci-tech related issues

Page 6: Important Editorials

Page 7: Important Editorials

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Polity and Governance

Page 4: Bru refugees demand immediate implementation of settlement pact

Delaying in the rehabilitation process

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Arguments by Bru Community Representatives

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Page 10: Lack of consent won’t vitiate CBI probe: SC

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Stockpile of nuclear material

Natanz on the radar

An array of global threats

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Possible Impact of US-Iran Conflict

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● Intensification of Regional Rivalries

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Economy and Internal security related issues

A matter of journalistic policy

Causes of Spread of Fake News In India

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Laws and Regulation to Curb Fake News in India

Government Response and its Withdrawal

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How to tackle it?

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Page 14: RBI moots DBS takeover as LVB faces moratorium

Superseded the private lender

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Concerns associated with merger

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Page 14: Goldman sees narrower GDP contraction of 10.3%

Activity to rebound in consumer-facing sectors

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Environment & Sci-tech

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Page 6: Changing the discourse on victim jurisprudence

Recognition of victim rights to access to justice

Victim’s rights and needs

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Page 7: Constitutional fault lines

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Rise to constitutional fault lines

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