The Quarantined Deity.

 

A couple days back, our Prime Minister through an adress on national television announced a complete lock-down for 21 days to contain the mayhem caused by COVID-19. He even warned of consequences of violating it.

I agree that this was needed in the larger interest of public. There arise circumstances when fundamental rights of the citizens must be restricted in the interest of the public at large. As an old saying goes 'desperate times call for desperate measures'.
However, this measure was not intended to affect the supply of essential commodities and medicines. Also the essential services such as police, defence, postal services have been kept out of its purview. 

Why this CM sir?

If you go through the list of essential services, you won't be able to find visiting the temple in the list. But you will be surprised to know that when the entire nation was facing the curfew like situation and when many violators of the lock-down were being hit by lathis of police, Chief Minister of Uttar Pradesh took courage to visit the site designated for Ram Mandir. He was there to shift Lord Ramlalla within the temple site.

Was this the immunity or urgency? Immunity to CM sir that COVID-19, like other tragedies remains at an arms length from political big guns. 

Or the urgency to shift lord Ramlalla to a secure place away from the reach of the deadly virus.

Well the latter arguments holds strength in the light of the unanimous verdict of the apex court in the most highlighted dispute of the decade. By the end of 2019, the Janmabhoomi-Babri Masjid title dispute case was resolved, wherein a five-judge Supreme Court bench declared Ram Lalla as a juristic person.

It might be the case that having been recognised as a juristic person, CM sir would have been more cautious to quarantine Ramlalla else it might have adversely affected sentiments of the worshipers.  

Important Cases 2019: CPIO v. Subhash Chandra Aggrawal.

Issues:

• Whether the Supreme Court and the CJI are two separate public authorities.

• Held: Supreme Court of India is public authority under Section 2(h) of the RTI Act and the office of CJI and other judges are part and parcel of the SC.
• The Chief Justice and the Supreme Court are not two distinct and separate ‘public authorities’. Hence office of CJI is also a public authority.

• Meaning of term Public Interest.

• Held: Disclosure of information is determined by weighing the public interest in accepting exemptions  under Section 8(1)(j) in a particular case to deny information against the public interest in disclosure in such case.
• Possible harm or injury to third party must also be factored in when determining disclosure of confidential information relating to third parties under section 11.

• Whether asset declaration by Supreme Court Judges are “information”under the Act.

• Held: Information pertaining to declaration of assets by judges given to the CJI are information under section 2(f) of the Act.

Does the CJI hold such information in a “fiduciary” capacity?

• Held: The Chief Justice of India merely holds the information in accordance with the official functions and not in any fiduciary capacity.
• Hence its disclosure will not result in breach of fiduciary duty under section 8(1)(e).
• Such disclosure would not, in any way, impinge upon the personal information and right to privacy of the judges.

Issue of Judicial Independence.

• Judicial independence and accountability go hand in hand as accountability ensures, and is a facet of judicial independence. 
• Judicial independence does not mean the insulation of judges from the rule of law.
• Where judicial independence focuses on freedom, judicial accountability is concerned with the manner in which that freedom is exercised by the judges.



Right to information can never be allowed to be used as a tool of surveillance to scuttle effective functioning of judiciary. 
Read the Full Judgment

Celebrity but not Immunity.

Few days back, famous Bollywood singer, Kanika Kapoor, known for her songs Baby Doll and Chittiyan Kaliyaan was in news again. But this time not for the launch of any new music album or song, rather for being tested positive for COVID-19 and for infecting others with same.

This happened, when she returned to Lucknow from London, perhaps not accompanied by anyone other than corona. She attended several parties including a lavish party at a five star hotel in Lucknow, which was attended by several bureaucrats and political big guns. Sources also claim that she hid her travel history from authorities. 

This landed her into a legal tussle after an FIR was filed againet her under Sections 188, 269, and 270 of the Indian Penal Code (IPC) based on a complaint by the Chief Medical Officer of Lucknow on the ground that when the singer was screened at the Lucknow airport on March 14, "high viral load was detected". She was advised "home quarantine", but the advice was "disregarded".

Obviously, she denies the allegations. But whatever may have been the scenario, she stands responsible for being negligent and for infection cases that are likely to come because of her.

A different example.

While celebrities like Kanika fail to understand their responsibilities and consequences of such failure, there are several persons who paint a different picture. 

Sri Lankan batsman Kumar Sangakkara and former Australia pacer Jason Gillespie, who returned from UK, are under self-quarantine. This despite the fact that they have not been found to have any symptom of the deadly virus. They are simply following the government guidelines for those recently returned from Europe, the epicentre of the COVID-19 pandemic.

Probably, others will learn some lessons from them. Being a celebrity or a prominent public figure doesn't imply immunity from government rules and Rule of Law. Instead of neglecting their responsibilities, they must promote people to follow the guidelines.

When such celebrities, endorse a product via media, people blindly trust them and consume such products. 

Whatever Kanika pleads in her defence in the court of law, she will still be guilty for putting several lives in danger. In a nutshell, a celebrity without sense of responsibility is nothing but a sham personality. 

Important Cases 2019: B K Pavitra v. Union of India-II.

B K Pavitra v. Union of India-II. On the provision of Article 16(4-A) as the impugned legislation of Karnataka government provided for consequential seniority for SC/STs after promotion.

• Act was held to be in conformity with the judgments of M. Nagraj and Jarnail Singh v. Lakshmi Narain Gupta.
• On question of administrative efficiency as mentioned under Article 335 of the Constitution, following views were held by Chandrachud J. that:
• No inference can be drawn that reservation in favour of SC/STs has negatively impacted efficiency.
• Meritorious candidate is not one who is merely talented but one whose appointment fulfills constitutional goal of uplifting SCs and STs.
•  Administrative efficiency in the affairs of the Union and state must be defined in inclusive sense, where diverse segments of society find representation in public administration.

Appointments and Awards till April 2019

• Rishi Kumar Shukla appointed as CBI director replacing Alok Verma. 

• Saraswati Samman for 2018 to Telugu poet K Siva Reddy.

• Bharat Ratna 2019: Pranab Mukherjee, Nanaji Deshmukh & Bhupen Hazarika.

General Studies for Exams: Mahamastakabhisheka Celebrations

10-day long Mahamastakabhisheka for 39-foot high Bahubali statue was celebrated in Dharmasthala, Karnataka.

• In 2019, the 4th mahamastakabhisheka of Lord Bahubali since its installation in 1982 was performed. 

• Lord Bahubali was the son of the first Jain Tirthankara, lord Rishabhanatha, .

• The sculpture is in the digambara form of Bahubali, representing complete victory over earthly desires and needs.

• The word Mahamastakabhisheka is a combination of three words viz: Maha (great), Masthaka (head) and Abhisheka (anointing) which literally means ‘the head anointing ceremony’.

• The ceremony is performed only once in 12 years.

Wage Code Bill, 2019

• 2017: Introduced in Lok Sabha first.
• Subsumes following 4 Acts:
• Payment of Wages Act, 1926.
• Minimum Wages Act, 1948.
• Payment of Bonus Act, 1965.
• Equal Remuneration Act, 1976.
• Object: To transform old and obsolete labour laws.
• Universalizes the provision of minimum wages and timely payment of wages to employees, irrespective of sectors.
• Central Government will fix floor wages taking into account living standard of workers.
• It may also fix different floor wages for different geographical areas.
• Minimum wages to be fixed higher than floor wages.
• Advisory boards to be constituted by the Central Government and state governments to advise government on issues of fixation of minimum wages, increasing employment opportunities for women etc.
• Prohibits gender discrimination in matters of payment of wages and recruitment.
• Constitutional Provisions:
• Article 43: state shall endeavor to secure to all workers a living wage and conditions of work ensuring a decent standard of life.
• Labour is the subject of Concurrent List.   
• Expert committee headed by Anoop Satpathy, submitted report on Determining the Methodology for Fixation of the National Minimum Wage.

April-2019: Minor topics.

Pradhan Mantri Shram Yogi Maan-Dhan Yojana.

• The Union Ministry of Labour and Employment has launched it.
• Voluntary and contributory pension scheme for workers in the unorganised sector.
• Age-specific contribution by the beneficiary and the matching contribution by the Central Government.
• Eligibility: 
• The unorganised sector workers, with income of less than Rs 15,000 per month within age group of 18-40 years.
• Not covered under New Pension Scheme (NPS), Employees’ State Insurance Corporation (ESIC) scheme or Employees’ Provident Fund Organisation (EPFO).
• Not an income tax payer.
• Minimum assured monthly pension of Rs 3000 after attaining the age of 60 years.
• LIC is the Pension Fund Manager.

Operation Digital Board (ODB).

• Human Resource Development Minister Shri Prakash Javadekar launched Operation Digital Board to leverage technology in order to boost quality education in the country.
• On the lines of Operation Blackboard of 1987. 

Rashtriya Kamdhenu Aayog.

• For conservation, protection and development of cattle population in the country including development and conservation of indigenous breeds.

Gross Domestic Knowledge Product (GDKP).

• The Ministry of Statistics and Program Implementation in collaboration with Indian Statistical Institute (ISI). 
• Provides a fundamental measure of growth by including factors that involve the creation and accumulation of knowledge.

The e-AUSHADHI portal. 

• For online licensing of Ayurveda, Siddha, Unani and Homoeopathy drugs and related matters.

Systematic Voters Education and Electoral Participation (SVEEP).

• The flagship program of the Election Commission of India for voter education, voter awareness and voter literacy in India.

Generalised System of Preferences (GSP).

• U.S. trade program designed to promote economic growth in the developing world by providing preferential duty-free entry for up to 4,800 products from 129 designated beneficiary countries and territories.
• India is the largest beneficiary.

GSAT-31

• India’s communication satellite.
• Launched by Ariane 5 rocket from French Guyana (South America).
• Placed in Geostationary Orbit (36,000 km above the equator). 

Salt Satyagraha Memorial.

• Inaugurated at Dandi in Navsari district, Gujarat. 
• It was dedicated by the PM to the nation on the occasion of Mahatma Gandhi’s 71st death anniversary (30th January).

POSHAN Abhiyaan (National Nutrition Mission). 

• It targets to reduce stunting, undernutrition, anemia (among young children, women and adolescent girls) and reduce low birth weight.
• Swasth Bharat Preraks will be deployed one in each district for fast and efficient execution of the Abhiyaan across the country and act as catalyst for fast tracking the implementation of the Abhiyaan.

General Studies: Small Topics.

• National People's Party recognized as a National Party.

• First political party from Northeastern India to have attained this status.
• 8th national party in the country.
• Conrad Sangma is its president.
• Ground of recognition: state party in 4 states of Manipur, Nagaland, Arunachal Pradesh and Meghalaya. 
• Its election symbol is a book.

• Paryatan Parv 2019 (October 2019)
• Minister of Petroleum & Natural Gas and  Minister of Steel, Shri Dharmendra Pradhan inaugurated at New Delhi.
• Dedicated to 150^th Birth Anniversary of Mahatma Gandhi.
• Components: 
• Dekho Apna Desh:  To encourage Indians to visit their own country.
• Tourism for All:  Tourism Events at sites across all States in the country.
• Tourism & Governance:  Interactive Sessions & Workshops with Stakeholders on varied themes.

• Fit India Movement.
• On the occasion of National Sports Day 29th August 2019. 
• Prime Minister launched it across many schools across the country.

• 10th Mekong-Ganga Cooperation Ministerial Meeting (10th MGC MM).
• Held on 01 August 2019 in Bangkok.
• MGC is a Sub-regional cooperation organisation. Its 6 members are:
• India,Combodia,Thailand, Vietnam, Laos and Thailand. 
• China is not member.
• Except India, others are Mekong River Basin countries.

• Stride Scheme:
• Fund research projects that are socially relevant, locally need-based, nationally important and globally significant.
• Initiated by UGC.

General Studies for Exams: National Education Policy (NEP)

Points to remember:

• The first National Education Policy was framed in 1986 and modified in 1992.
• The draft of National Education Policy (NEP), 2019 was developed by a committee chaired by K. Kasturirangan. 
• The Draft Policy is built on foundational pillars of Access, Equity, Quality, Affordability & Accountability.

Aims:

1. Extension of Right to Education Act - RTE, 2009 will cover all Indians between ages 3 and 18 by 2030 (from pre-school to class XII).
2. Age-appropriate foundational literacy and numeracy for every student to be achieved by 2025.
3. It proposes new Curricular and Pedagogical Structure, with 5+3+3+4 design for children in the age group 3-18 years. 
4. MHRD will be called the Ministry of Education (MoE).
5. Protect and promote our culture through the study of classical languages, mother tongues, and regional languages.
6. Promote school education, higher education and professional education (includes agricultural education, legal education, medical education and technical education).
7. Rashtriya Shiksha Aayog or the National Education Commission - apex body - to be constituted. 
• It will be chaired by the Prime Minister.
• Developing, articulating, implementing, evaluating, and revising the vision of education in the country.
• Oversee the implementation and functioning of several bodies including the National Council of Educational Research and Training (NCERT), the proposed National Higher Education Regulatory Authority, and National Research Foundation.
8. The National Higher Education Regulatory Authority (NHERA) will be the only regulator for all higher education including professional education.
9. National Research Foundation: A National Research Foundation (NRF) to grant competitive funding for outstanding research proposals across all disciplines.

Read Full Draft

Bihar PCS J 2018 Prelims Law Paper.

Bihar PCS J 2018 Prelims Law by anoopuni4u on Scribd

General Studies for Exams: Pradhan Mantri KisanSamman Nidhi (PM-KISAN)

Points to remember:

1. Scheme to provide direct income support at the rate of Rs. 6,000 per year.
• Amount  to transferred directly into the bank accounts of beneficiary farmers, in three equal installments of Rs. 2,000 each.
• Transfer to be made in Aadhar linked-bank accounts of farmers.
2. Totally Centrally funded Scheme to benefit around 14.5 crore beneficiaries.
3. Launched by Prime Minister in February 2019, in Gorakhpur.
4. All land holding eligible farmer families (subject to the prevalent exclusion criteria) would avail of the benefits under this scheme. It excludes:
• Former or present holders of any constitutional posts;
• Former or Present (Ministers, State Ministers, MPs of Lok Sabha and Rajya Sabha, State Legislative Councils or Assemblies, Mayors of Municipal Corporations and Chairpersons of district panchayat).
• Income Tax payers. 
5. State/UT Governments will be responsible for identification of beneficiaries.

Source

General Studies for Exams: National Register for Citizens (NRC).

Object: move of government to update NRC in Assam, in order to identify illegal migrants to Assam from erstwhile East Pakistan (now called Bangladesh) on and after 25th March 1971 (cut-off date for the deportation of illegal migrants). 

Timeline:

• 1951: The register was first prepared after the 1951 Census of India. But remained updated until recently.

• 1985: Assam Accord: After 1971, a the six-year-long movement led by the All Assam Students' Union (AASU) from 1979 to 1985, for deporting illegal migrants. 

• It demanded the updating of the NRC and the deportation of all illegal migrants who had entered Assam after 1951.

• The movement culminated in the signing of the Assam Accord in 1985.

• March 25, 1971 was set as the cut-off date for the deportation of illegal migrants.
• 2013: Assam Public Works and Assam Sanmilita Mahasangha & Ors filed a writ petition before the Supreme Court demanding the deletion of illegal migrants' names from voter lists in Assam.
• 2014: Supreme Court ordered for updation of NRC in accordance with Citizenship Act, 1955 and Citizenship Rules, 2003 in all parts of Assam.
• August 31, 2019: The updation process officially started in 2015 and the updated final NRC was released on August 31.
• Over 1.9 million applicants failing to make it to the NRC list.
• This led to protests.
• However, the excluded people have about 120 days to appeal against their exclusion to the foreigner tribunals.

General Studies for Exams: PM Kisan Maan Dhan Yojana (PM-KMY).

Points to remember.

1. Voluntary and contribution based Pension scheme for farmers.
2. Launched by Prime Minister at Ranchi in September 2019.
3. Beneficiaries: all landholding Small and Marginal Farmers (with land holdings are less than 2 hectares of land).
4. A fixed pension of Rs.3,000/- to beneficiaries.
5. Eligibility:  farmers of the age between 18 and 40 years.
6. The Life Insurance Corporation of India (LIC) shall be the Pension Fund Manager. 
7.  Farmers to make a monthly contribution of Rs.55 to Rs.200, depending on their age of entry, in the Pension Fund till they reach the retirement- 60 years.The Central Government will also make an equal contribution of the same amount.
8. Beneficiaries of PM-Kisan Scheme can allow their contribution debited from the benefit of that Scheme directly.

Bihar PCS J 2018 G.K. (Prelims) Paper.

Bihar PCS J 2018 G.K. by anoopuni4u on Scribd

General Studies for Exams: SUMAN Scheme

Points to remember.

1. Surakshit Matritva Aashwasan (Suman) Scheme.
2. Aims to bring down the maternal and infant mortality  rates (MMR and IMR) in India.
3. Eligibility: All pregnant women, newborns and mothers up to 6 months of delivery.
4. Inaugurated by Union Minister for Health & Family Welfare Dr. Harsh Vardhan at 13th Conference of Central Council of Health and Family Welfare (CCHFW).
5. Benefits: free healthcare to all beneficiaries, respectful care with privacy and dignity. Also it includes, ante natal check-ups, at least one checkup under Pradhan Mantri Surakshit Matritva Abhiyan, Iron Folic Acid supplementation, Tetanus diptheria injection.

General Studies for Exams: Col Chewang Rinchen bridge.

Points to remember.

1. Defence Minister Shri Rajnath Singh inaugurated this strategically important bridge.
2. Col Chewang Rinchen was a highly decorated officer of Indian Army from Ladakh region. He is known as the “Lion of Ladakh”.
3. Bridge has been built by Border Roads Organisation (BRO) over River Shyok.
4. It connects Durbuk and Daulat Beg Oldie in Eastern Ladakh.
5. 430-metre bridge built at an altitude of about 15,000 feet using Micro Piling Technology.
6. India's highest altitude all-weather permanent bridge.
7. will lead to development of border areas and villages across Shyok River.

Mere transfer of vehicle does not end liability to a third person.

In an important judgment, the Honorable Supreme Court has held that, merely by transferring the motor vehicle, the registered owner of the vehicle does not stand absolved of his liability to third persons under the Motor Vehicle Act, 1988.    

So, long as his name continues as owner of vehicle in the records of the RTO, he remains liable to the third persons. 

In the case of Prakash Chand Daga v. Saveta Sharma (2019) 2 SCC 747, the honorable court elaborately discussed the provisions of sections 50 and 2(30).   

Section 50 in The Motor Vehicles Act, 1988

50. Transfer of ownership.—

(1) Where the ownership of any motor vehicle registered under this Chapter is transferred,—

(a) the transferor shall,—

(i) in the case of a vehicle registered within the same State, within fourteen days of the transfer, report the fact of transfer, in such form with such documents and in such manner, as may be prescribed by the Central Government to the registering authority within whose jurisdiction the transfer is to be effected and shall simultaneously send a copy of the said report to the transferee; and

(ii) in the case of a vehicle registered outside the State, within forty-five days of the transfer, forward to the registering authority referred to in sub-clause (i)—

(A) the no objection certificate obtained under section 48; or

(B) in a case where no such certificate has been obtained,—

(I) the receipt obtained under sub-section (2) of section 48; or

(II) the postal acknowledgment received by the transferee if he has sent an application in this behalf by registered post acknowledgment due to the registering authority referred to in section 48, together with a declaration that he has not received any communication from such authority refusing to grant such certificate or requiring him to comply with any direction subject to which such certificate may be granted;

(b) the transferee shall, within thirty days of the transfer, report the transfer to the registering authority within whose jurisdiction he has the residence or place of business where the vehicle is normally kept, as the case may be, and shall forward the certificate of registration to that registering authority together with the prescribed fee and a copy of the report received by him from the transferor in order that particulars of the transfer of ownership may be entered in the certificate of registration.

(2) Where—

(a) the person in whose name a motor vehicle stands registered dies, or

(b) a motor vehicle has been purchased or acquired at a public auction conducted by, or on behalf of, Government, the person succeeding to the possession of the vehicle or, as the case may be, who has purchased or acquired the motor vehicle, shall make an application for the purpose of transferring the ownership of the vehicle in his name, to the registering authority in whose jurisdiction he has the residence or place of business where the vehicle is normally kept, as the case may be, in such manner, accompanied with such fee, and within such period as may be prescribed by the Central Government.

(3) If the transferor or the transferee fails to report to the registering authority the fact of transfer within the period specified in clause (a) or clause (b) of sub-section (1), as the case may be, or if the person who is required to make an application under sub-section (2) (hereafter in this section referred to as the other person) fails to make such application within the period prescribed, the registering authority may, having regard to the circumstances of the case, require the transferor or the transferee, or the other person, as the case may be, to pay, in lieu of any action that may be taken against him under section 177 such amount not exceeding one hundred rupees as may be prescribed under sub-section (5): Provided that action under section 177 shall be taken against the transferor or the transferee or the other person, as the case may be, where he fails to pay the said amount.

(4) Where a person has paid the amount under sub-section (3), no action shall be taken against him under section 177.

(5) For the purposes of sub-section (3), a State Government may prescribe different amounts having regard to the period of delay on the part of the transferor or the transferee in reporting the fact of transfer of ownership of the motor vehicle or of the other person in making the application under sub-section (2).

(6) On receipt of a report under sub-section (1), or an application under sub-section (2), the registering authority may cause the transfer of ownership to be entered in the certificate of registration.

(7) A registering authority making any such entry shall communicate the transfer of ownership to the transferor and to the original registering authority, if it is not the original registering authority.

Section 2(30) in The Motor Vehicles Act, 1988

(30) “owner” means a person in whose name a motor vehicle stands registered, and where such person is a minor, the guardian of such minor, and in relation to a motor vehicle which is the subject of a hire-purchase, agreement*, or an agreement of lease or an agreement of hypothecation, the person in possession of the vehicle under that agreement;

Roadies and Fake Feminism.

While people around the world are afraid of global mayhem caused by COVID-19 commonly known as Coronavirus, there was another news that hit the social media and Twitter. 

As you have already gone through the heading of this blog post, I may presume that you have got the hint of what I am talking about. While, the COVID-19 has brought the SENSEX and NIFTY at its knees, the shows like Roadies and their judges Neha Dhupia and Nikhil Chinapa have brought the entertainment industry at its knees. 

Recently, during audition of Roadies Revolution, a contestant confessed that he slapped her lover, when he found her cheating upon him and other boys as well. Listening to this, Neha and Nikhil abused him and blamed him for entire issue. According to Neha, it was her (lover of the poor guy) choice and she is free to have as many relationships as she likes They even came to the point that he didn't deserve loyalty'even from his dog. 

I am not saying that what he did was right. But what the judges did was not equally right. 

Is feminism all about using violence and vulgar language by women?

Use of violence and vulgar language may boost up the TRP of the show. But my dear friends, those who hold the opinion "Neha ne sahi kiya", must know one thing that feminism is not all about using abusive words against boys and using violence against them (considering them as a class) by women. Its about empowering women to bring about positive outcomes in the society.

Our shows, their shows.

In 1976, the legendary film maker and one of the best film directors in the world, Sir Satyajeet Ray got his work published. It was named Our Films, Their Films. I am not certain about the contents of the book. But I am sure that if he had been here amongst us today, he would have lamented at situation. Rather he would have written a new critique on TV shows and would have named it Our Shows, Their Shows. 

If we have to promote feminism, it should be through shows based on the lives of eminent scientist like Kalpana Chawla or sports persons like Hima Das, PV Sindhu, Deepa Mallik.

If you want to know how Hollywood promotes feminism, I will suggest you to watch the espionage series Homeland. Its about the life of a CIA officer, who is always ready to sacrifice her life for the mission of her country.