The Hindu News Analysis –31st March 2022 – Shankar IAS Academy

S. Page Number*
News Articles
No. C B D H T

T&C T&C T&C T&C T&C

1 The partial rollback of the Armed Forces (Special Powers) Act 1 1 1 1 1

2 Push the policy needle forward on migrant support (Editorial) 10 10 6 6 6

3 Iran blames U.S. for halt in nuclear talks 15 15 13 11 11

4 Plea in SC on gender bias in Hindu inheritance law 12 12 10 8 8

5 Prelims Practice Questions

@ end of the video
6 Mains Practice Question
*C – Chennai; B – Bengaluru; D – Delhi; H – Hyderabad; T – Thiruvananthapuram
Text & Context Page: 1
 Previous Year Mains Question - 2015
GS – III
Q. ‘Human right activists constantly highlight the fact that the Armed forces (Special Powers)
Act, 1958 (AFSPA) is a draconian act leading to cases of human right abuses by security
forces. What sections of AFSPA are opposed by the activists. Critically evaluate the
requirement with reference to the view held by Apex Court.
(250 Words, 15 Marks)
 Part A—Preliminary Examination
Paper I - (200 marks)
 Current events of national and international importance.
 Indian Polity and Governance-Constitution, Political System, Panchayati Raj, Public Policy, Rights Issues, etc.
Part B—Main Examination
PAPER-III
General Studies‐ II: Governance, Constitution, Polity, Social Justice and International relations.
 Government policies and interventions for development in various sectors and issues arising out of their design and
implementation.
PAPER-IV
General Studies‐ III: Technology, Economic Development, Bio diversity, Environment, Security and
Disaster Management.
 Role of external state and non-state actors in creating challenges to internal security.
 Security challenges and their management in border areas - linkages of organized crime with terrorism.
Armed Forces (Special Powers) Act (AFSPA)

• Armed Forces (Special Powers) Act, 1948.

 Modelled on AFSP Ordinance, 1942.

 Replaced colonial era ordinances:

 Aim - to supress Quit India movement.

 Gave special powers to armed forces’ certain

officers - to deal with emergency.

 Use of force on any person - even to cause

death.

 Provided complete immunity to the officers.

 Purpose - to deal with internal security situation

in India in 1947.
 THE ARMED FORCES (SPECIAL POWERS) ACT, 1958
2. Definitions.―In this Act, unless the context
otherwise requires,―
AFSPA 1958
(b) “disturbed area” means an area which is for the time
• The Armed Forces (Assam and Manipur) being declared by notification under section 3 to be
a disturbed area;
Special Powers Act, 1958
3. Power to declare areas to be disturbed areas.― If,
• Need - to handle fast-deteriorating internal in relation to any State or Union territory to which this
security situation in Assam and Manipur. Act extends, the Governor of that State or the
Administrator of that Union territory or the Central
• Objective - providing special powers to the Government, in either case, is of the opinion that the

members of the armed forces in the disturbed
areas of Arunachal Pradesh, Assam, Manipur,
Meghalaya, Mizoram, Nagaland and Tripura.
whole or any part of such State or Union territory, as
the case may be, is in such a disturbed or dangerous
condition that the use of armed forces in aid of the civil
power is necessary, the Governor of that State or the
Administrator of that Union territory or the Central
Government, as the case may be, may, by notification in
the Official Gazette, declare the whole or such part of
such State or Union territory to be a disturbed area.
Issues THE ARMED FORCES (SPECIAL POWERS) ACT, 1958
1. Provides unbridled powers to officers - 4. Special powers of the armed forces.― Any commissioned
misused. officer, warrant officer, non-commissioned officer or any
other person of equivalent rank in the armed forces may, in
a disturbed area,―
(a) if he is of opinion that it is necessary so to do for the
maintenance of public order, after giving such due warning
as he may consider necessary, fire upon or otherwise use
force, even to the causing of death, against any person
who is acting in contravention of any law or order for the
time being in force in the disturbed area prohibiting the
assembly of five or more persons or the carrying of
weapons or of things capable of being used as weapons or
of fire-arms, ammunition or explosive substances;
(b) if he is of opinion that it is necessary so to do, destroy
any arms dump, prepared or fortified position or shelter
from which armed attacks are made or are likely to be
made or are attempted to be made, or any structure used
as a training camp for armed volunteers or utilised as a
hide-out by armed gangs or absconders wanted for any
Source: https://www.thequint.com/ offence;
Issues
1. Provides unbridled powers to officers -
misused. THE ARMED FORCES (SPECIAL POWERS) ACT, 1958
4. Special powers of the armed forces.―
c) arrest, without warrant, any person who has committed
a cognizable offence or against whom a reasonable
suspicion exists that he has committed or is about to
commit a cognizable offence and may use such force as
may be necessary to effect the arrest;
d) enter and search without warrant any premises to make
any such arrest as aforesaid or to recover any person
believed to be wrongfully restrained or confined or any
property reasonably suspected to be stolen property or
any arms, ammunition or explosive substances believed
to be unlawfully kept in such premises, and may for that
purpose use such force as may be necessary.

Source: https://www.thequint.com/
2. Provides immunity from prosecution to the
officers. Past disturbed areas

• Whole states of Assam, Manipur and Nagaland.

THE ARMED FORCES (SPECIAL POWERS) ACT, • Parts of Arunachal Pradesh - Tirap, Changlang
1958 and Longding districts.
6. Protection to persons acting under Act.― No
• Meghalaya, Mizoram, and Tripura - AFSPA was
prosecution, suit or other legal proceeding shall be
instituted, except with the previous sanction of the revoked.
Central Government, against any person in respect of
Recent developments
anything done or purported to be done in exercise of
the powers conferred by this Act.
• Disturbed area status withdrawn in some
places of Assam, Manipur, Arunachal and
Nagaland.
Pg: 10 – C, B;
Pg: 6 – D, H, T.
 .

Previous Year Mains Question - 2015

GS – I
Q. Discuss the changes in the trends of labour migration within and outside India in the last
four decades.
(150 Words, 10 Marks)
 Part A—Preliminary Examination
Paper I - (200 marks)
 Current events of national and international importance.
Part B—Main Examination
PAPER-III
General Studies‐ II: Governance, Constitution, Polity, Social Justice and International relations.
 Government policies and interventions for development in various sectors and issues arising out of their
design and implementation.
 Welfare schemes for vulnerable sections of the population by the Centre and States and the performance of
these schemes; mechanisms, laws, institutions and Bodies constituted for the protection and betterment of
these vulnerable sections.
 Issues relating to development and management of Social Sector/Services relating to Health, Education,
Human Resources.
 Issues relating to poverty and hunger.
The Inter-State Migrant Workmen (regulation of employment and conditions of service) Act, 1979:

“Inter-State migrant workman” - any person who is recruited by or through a contractor in one State
under an agreement or other arrangement for employment in an establishment in another State, whether
with or without the knowledge of the principal employer in relation to such establishment.
• Migrant workers – became focus of large-scale
relief efforts by governments and civil society.

 Example: Government ramped up

 The One Nation One Ration Card (ONORC)

project,

 The Affordable Rental Housing Complexes

(ARHC) scheme,

 e-Shram portal
A tale of distress:
• Existing policy framework is fragmented and
1. Surveys found incomes of migrant households
declining at worst.
continue to be lower than pre-pandemic levels,
• To correct course - a need to recognise the
even after returning to cities.
persistent structural impediments that are
limiting migration policy momentum.

 Take proactive efforts to move policy ahead.

The vicious cycle of poverty

Source: https://www.researchgate.net/
• Recognise the fact that migration is a highly
politicised phenomenon in India.

 Political economy of migration has a

significant impact on states.

 ‘Destination States’ - Economic demands of a

state clash with political needs which favour
• Properly define the ambiguous term ‘migrants’.
nativist laws.
 Term located between two large - the
 ‘Sending States’ - highly motivated to serve
unorganised worker and the urban poor.
their "own people".
• Address the gaps in the data.
 Fragmented policy response to internal
migration comes after clear cut State-  Lack of official datasets to capture the

specific calculations. actual scale and the frequency of internal

migration in India - paralyses the migration
policy reforms.
Conclusion:

• Centre has the lead role in it.

 Centre - should play a proactive role.

 Offering strategic policy guidance and act as

a platform for inter-State coordination.

 Strategic initiatives - should be encouraged

 Provide migrants safety nets regardless of

where they are and their ability to migrate
safely and affordably.
Pg: 15 - C, B;
Pg: 13 - D;
Pg: 11 – H, T.
 Purpose of the Agreement:
The Iran Nuclear Deal:
• Uranium - have nuclear-related uses after
• Formally known as Joint Comprehensive Plan
refining or enriching.
of Action (JCPOA).
• Can be achieved by - increasing the content of
• 14 July 2015 - an agreement on the Iranian
its most fissile isotopes U-235 – using
nuclear program reached in Vienna.
centrifuges.
 Between Iran and the P5+1 countries.
1. Low-enriched uranium (3-5% concentration of U-
235) - used to produce fuel for commercial
nuclear power plants.
2. Highly enriched uranium (purity of 20% or more)
- used in research reactors.
3. Weapons-grade uranium (90% enriched or more).

• July 2015 - Iran had two uranium

enrichment plants - Natanz and Fordo - was
operating almost 20,000 centrifuges.
  Cut its stockpile of low-enriched uranium by
Under the JCPOA:
98%, and
• Country was limited to installing no more than
 Reduce - two-thirds the number of its gas
5,060 of the oldest and least efficient
centrifuges for 13 years.
centrifuges at Natanz until 2026.
 Iran – allowed to enrich uranium up to 3.67%.
• Iran agreed to eliminate its stockpile of
medium-enriched uranium.  Agreed not to build any new heavy-water
facilities.
• The International Atomic Energy Agency (IAEA)
- have regular access to all Iranian nuclear
facilities - to monitor and verify Iran's
compliance with the agreement.

• In turn - Iran will receive relief from the

U.S., European Union, and United Nations
Security Council nuclear-related sanctions.

• May 2018 - the United States withdrew from

JCPOA
Pg: 12 – C, B; Pg: 10 - D; Pg: 8 - H, T.
• Ancient Indian – No right to property for • Grants equal right to the daughter, widow,
women. mother and son - Class I legal heirs of
deceased male Hindu.
• Manusmrithi - “A women must be dependent
upon her father in childhood, upon her • Absolute property right to women.
husband in youth and upon her sons in old
age. She should never be free”.
Applicable to persons
 Son – ‘worthy to receive whole estate’. a) governed by the Mitakshara and Dayabhaga schools.

Hindu Succession Act, 1956 b) governed previously by Murumakkattayam,

Aliyasantana and Nambudri laws.
• objective - Codify the law relating to c) who is a Hindu by religion in any of its forms or
intestate succession among Hindus. developments, including Virashaiva, a Lingayat or a
follower of the Brahmo, Pararthana or Arya Samaj.
• “intestate” - a person is deemed to die d) who is Buddhist, Jain or Sikh by religion.
intestate in respect of property of which he e) who is not a Muslim, Christian, Parsi or Jew by religion.
or she has not made a testamentary
disposition capable of taking effect.
 THE HINDU SUCCESSION ACT, 1956
Discriminatory provisions 15. General rules of succession in the case of female Hindus.―
(1) The property of a female Hindu dying intestate shall devolve
• Section 15 deals - general rules of
according to the rules set out in section 16,―
succession in the case of female Hindus. (a) firstly, upon the sons and daughters (including the children
of any pre-deceased son or daughter) and the husband;
 “heir” - any person, male and female,
(b) secondly, upon the heirs of the husband;
who is entitled to succeed to the
(c) thirdly, upon the mother and father;
property of an intestate.
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
• Section 16 – rules with respect to
16. Order of succession and manner of distribution among heirs
section 15.
of a female Hindu.―The order of succession among the heirs
referred to in section 15 shall be, and the distribution of the
 Rule 1 – order of inheritance.
intestate’s property among those heirs shall take place according
to the following rules, namely:―
Rule 1.―Among the heirs specified in sub-section (1) of section
15, those in one entry shall be preferred to those in any
succeeding entry, and those included in the same entry
shall take simultaneously.
• Issue in order of inheritance – Section 15 THE HINDU SUCCESSION ACT, 1956

(1). 15. General rules of succession in the case of female Hindus.―

(1) The property of a female Hindu dying intestate shall devolve
 Heirs of the husband given preference according to the rules set out in section 16,―

over the parents of female Hindu dying (a) firstly, upon the sons and daughters (including the children
of any pre-deceased son or daughter) and the husband;
intestate.
(b) secondly, upon the heirs of the husband;
 Self-acquired property of the female (c) thirdly, upon the mother and father;

Hindu dying intestate – same rules (d) fourthly, upon the heirs of the father; and

applicable - Heirs of the husband given (e) lastly, upon the heirs of the mother.

preference. 16. Order of succession and manner of distribution among heirs

 Even if after death of husband, her
parents supported.
of a female Hindu.―The order of succession among the heirs
referred to in section 15 shall be, and the distribution of the
intestate’s property among those heirs shall take place
according to the following rules, namely:―

 Even if heirs of the husband (in-laws)
abused her or driven her out of the
matrimonial home.
Rule 1.―Among the heirs specified in sub-section (1) of section
15, those in one entry shall be preferred to those in
any succeeding entry, and those included in the same
entry shall take simultaneously.
 Practice Question – Prelims
Q. Consider the following statements.
1. There are separate Armed Forces
(Special Powers) Act for Jammu &
Kashmir and North-east regions.
2. Only the Central government is
empowered to declare the whole or
part of a State or Union territory, to be
a disturbed area.
Which of the above statements is/are
correct?
a) 1 only
b) 2 only
c) Both 1 and 2
d) Neither 1 nor 2
 Practice Question – Prelims
Q. It is a process that is necessary to create
an effective nuclear fuel out of
mined uranium by increasing the
percentage of uranium-235 which
undergoes fission with
thermal neutrons. Which of the
following best describes this process?
a) Uranium Enrichment
b) Nuclear Fission
c) Nuclear Fusion
d) Both b) and c)
 Practice Question – Prelims
Q. Consider the following statements with
reference to the Hindu Succession Act, 1956:
1. It codifies the law relating to intestate
succession among Hindus.
16. Order of succession and manner of distribution among
2. It is applicable to any person who is a
Buddhist, Jain, Parsi or Sikh by religion.
3. The property of a female Hindu dying
intestate does not devolve to her
grandchildren.
Which of the above statements is/are
incorrect?
a) 1 and 2 only
b) 2 only
c) 2 and 3 only
d) 3 only
THE HINDU SUCCESSION ACT, 1956
heirs of a female Hindu.―The order of succession
among the heirs referred to in section 15 shall be, and the
distribution of the intestate’s property among those heirs
shall take place according to the following rules, namely:―
Rule 2.― If any son or daughter of the intestate had pre-
deceased the intestate leaving his or her own
children alive at the time of the intestate’s
death, the children of such son or daughter
shall take between them the share which such
son or daughter would have taken if living at the
intestate’s death.
Practice Question – Prelims
Q1. Option (a) - 1 only
Q2. Option (a) - Uranium Enrichment
Q3. Option (c) - 2 and 3 only
 Practice Question – Mains
GS-II
Q. The Covid-19 pandemic has shaken several long-
held notions into disarray. In that line suggest
some of the structural reforms to address the
issues of the migrant workers.
(150 Words, 10 Marks)