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  • 31st December 2019 | Prelims Daily with Previous Year Questions

    [WpProQuiz 326]

  • [Burning Issue] The Anti-Maritime Piracy Bill, 2019

    Context

    • The Anti-Maritime Piracy Bill, 2019 was introduced in Lok Sabha by the Ministry of External Affairs, Dr Subrahmanyam Jaishankar this month.
    • The Bill provides for prevention of maritime piracy and prosecution of persons for such piracy-related crimes. 
    • It provides for stringent punishment, including the death penalty, for those involved in piracy at sea.

    Why need such a Bill?

    • The introduction of the bill comes days after some 18 Indians aboard a crude oil carrier were kidnapped off the coast of Nigeria.
    • India is still negotiating the release of its nationals.
    • At present, India does not have a separate legislation dealing in piracy, despite the fact that many Indian nationals fall prey to the menace.
    • The provisions of the IPC pertaining to armed robbery and the admiralty jurisdiction of certain courts have been invoked in the past to prosecute pirates apprehended by the Indian Navy and the Coast Guard, it adds.
    • But in the absence of any specific law relating to the offence of maritime piracy in India, problems are being faced in ensuring effective prosecution of the pirates.
    • The Anti-Maritime Piracy Bill 2019 is aimed at promoting the safety and security of India’s maritime trade, and the safety of its crew members.
    • The government’s aim in drafting the proposed legislation was to keep up with India’s commitment to the United Nations Convention on the Law of the Sea (UNCLOS), which concluded in 1982.
    • India had ratified the UNCLOS in 1995.

    About UNCLOS:

    • The Law of the Sea Treaty formally known as the Third United Nations Convention on the Law of the Sea was adopted in 1982 at Montego Bay, Jamaica.It entered into force in 1994.
    • The convention establishes a comprehensive set of rules governing the oceans and to replace previous U.N. Conventions on the Law of the Sea
    • The convention defines distance of 12 nautical miles from the baseline as Territorial Sea limit and a distance of 200 nautical miles distance as Exclusive Economic Zone limit.

    Impact of Maritime Piracy

    • In recent years, thousands of seafarers have been killed, injured, assaulted, taken hostage or threatened as piracy and armed robbery have increased dramatically.
    • Attacks which previously were limited to Nigerian and Somali coastal waters have now expanded eastwards, across the Indian Ocean.

    Seafarers

    • Seafarers are on the frontline of the piracy problem.
    • All seafarers transiting the Gulf of Aden and Northern Indian Ocean, have to live with the risk of attack.
    • When ships are attacked by pirates, crews suffer the stress of being fired upon with guns and rocket-propelled grenades and those captured can be held hostage for months. F
    • a piracy attack those involved can be seriously affected by post-traumatic stress.

    Shipping Industry

    • For the shipping industry, costs are soaring.
    • Operators now face rising insurance premiums for a high-risk area that now covers most of the Indian Ocean and one of the busiest shipping lanes in the world.
    • Other costs include installing preventative measures and protection on board, employing private security personnel, as well as ransom payments.

    Economic Impact

    • Impact of sea piracy on economic activities is wider.
    • Shipowners are finding it increasingly hard to justify putting seafarers at risk.
    • They are also struggling to find crews that are willing to transit the area.
    • As the situation worsens a blockade of the area becomes more likely. This would add several days to most voyages, would push up transport costs, would see oil prices skyrocket and would have a huge impact on the world economy.
    • If the attacks move further into the Gulf, oil supplies worldwide may be severely affected.

    Key features of the Bill include

    Defining Piracy

    • The Bill defines piracy as any illegal act of violence, detention, or destruction committed against a ship, aircraft, person or property, for private purposes, by the crew or passengers of a private ship or aircraft. 
    • Such acts may be carried out on the high seas or in any place outside the jurisdiction of India.  Inciting or intentionally facilitating such acts would also qualify as piracy. 
    • Piracy also includes voluntary participation in the operations of a pirate ship or aircraft. It also includes any other act that is considered piracy under international law.
    • This includes a ship or aircraft which is either:
    1. intended to be used for committing any act of piracy, or
    2. has been used to commit an act of piracy, and is still under the control of the persons guilty of such act. 

    Applicability of the Bill

    • The Bill will apply to all parts of the sea adjacent to and beyond the limits of the Exclusive Economic Zone of India. 
    • Exclusive Economic Zone refers to the area of sea to which India has exclusive rights for economic activities.

    Offences and penalties

    • An act of piracy will be punishable with: (i) imprisonment for life; or (ii) death, if the act of piracy includes attempted murder, or causes death. 
    • An attempt to commit, aid, abet, or procure for an act of piracy, or directing others to participate in an act of piracy will be punishable with up to 14 years of imprisonment, and a fine.  
    • Offences will be considered extraditable.  This means that the accused can be transferred to any country for prosecution with which India has signed an extradition treaty.  
    • In the absence of such treaties, offences will be extraditable on the basis of reciprocity between the countries.

    Arrest and seizure

    • A ship or aircraft under the control of pirates may be seized, persons aboard may be arrested, and the property on board may also be seized. 
    • The seizure may be carried out only by:
    1. a warship or military aircraft of the Indian Navy,
    2. a ship or aircraft of the India Coast Guard, or
    3. ships or aircraft on government service, and authorised for such purpose.

    Designated Court

    • The central government, in consultation with the Chief Justice of the concerned High Court, may notify the Sessions Courts to be the Designated Courts under this Bill. 
    • It may also notify the territorial jurisdiction of each Designated Court.

    Jurisdiction of the Court

    • The Designated Court will try offences committed by:
    1. a person in the custody of the Indian Navy or Coast Guard, regardless of his nationality,
    2. a citizen of India, a resident foreign nationals in India, or a stateless person. 
    • Further, the Court may try a person even if the person is not physically present in the Court. 
    • The Court will not have jurisdiction over offences committed on a foreign ship unless an intervention is requested by:
    1. the country of origin of the ship,
    2. the shipowner, or
    3. any other person on the ship.
    • Warships and government ships employed for non-commercial purposes will not be under the jurisdiction of the Court.

    Presumption of guilt

    The presumption of guilt will be on the accused if:

    1. the accused is in possession of arms, explosives and other equipment which were used or intended for use in committing the offence,
    2. there is evidence of use of force against the ship’s crew or passengers, and
    3. there is evidence of the intended use of bombs and arms against the crew, passengers or cargo of a ship.

    It was very important to have a domestic anti-piracy legislation to provide the necessary legal framework within the country for the prosecution of those involved in piracy-related crimes and the bill is the right move in the direction.

     

    References:

    http://prsindia.org/billtrack/anti-maritime-piracy-bill-2019

    https://www.livemint.com/news/india/anti-maritime-piracy-bill-introduced-in-lok-sabha-11575893586086.html

  • 30th December 2019 | Prelims Daily with Previous Year Questions

    [WpProQuiz 325]

  • [Burning Issue] National Population Register

    Context

    • The Union Cabinet has approved a proposal to conduct Census 2021 and update the National Population Register (NPR).
    • While the Census will be conducted in 2021, the NPR update will take place from April to September 2020 in all the States/UTs except Assam.

    Focus shifts of Protestors: CAA TO NPR

    • While the row over the CAA brought thousands of people to the streets — with protests turning violent at many places – a fresh controversy erupted over the updating of the National Population Register (NPR).
    • The NPR is a register of residents of India where the enumerator collects demographic and biometric data of individuals living at the place of enumeration for six months or more.
    • Now, this turn of events where non-NDA ruled states started to halt an ongoing enumeration of residents (NPR) process left many confused, with the time to begin counting for the Census approaching fast.
    • Is the recently passed Citizenship Amendment Act related to NPR? The answer is both yes and no. There is no direct link.
    • It depends on how the government decides to use data collected for NPR.

    What is the National Population Register (NPR)?

    • The NPR is a register of usual residents of the country. It is mandatory for every usual resident of India to register in the NPR.
    • It includes both Indian citizens as well as a foreign citizen.
    • The objective of the NPR is to create a comprehensive identity database of every usual resident in the country.
    • The first NPR was prepared in 2010 and updating this data was done during 2015 by conducting door to door survey.
    • The next update of the NPR will take place next year from April to September with the Houselisting phase of the Census 2021.
    • It is being prepared at the local (Village/sub-Town), sub-District, District, State and National level under provisions of the Citizenship Act 1955 and the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003.

    Who is the usual resident?

    • According to the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003, a usual resident is a person who has resided in a local area for the past 6 months or more or a person who intends to reside in that area for the next 6 months or more.

    The Census of India

    • The Census is the enumeration of the population of the country.
    • It is being conducted at an interval of 10 years.
    • The Census 2021 will be 16th census in the country since the first census happened in 1872. However, it will be 8th census after the Independence.
    • For the first time, the Census 2021 will use the Mobile App for data collection. It will also provide a facility to the public for self-enumeration.

    What is the whole issue?

    Issues with the states

    • Citizenship, aliens and naturalization are subject matters listed in List 1 of the Seventh Schedule that fall exclusively under the domain of Parliament.
    • Legally, the states have no say in implementing or ruling out NPR.
    • However, given that the manpower is drawn from the states, the defiance could potentially result in a showdown.

    Issues with NPR

    • Census is an exercise carried out under the Census Act, 1948. Census data is based on self-declaration made by the persons without verification.
    • NPR is carried out as per the 2003 Citizenship Rules. Under these Rules, it is compulsory for a person to share the demographic data for preparation of NPR.
    • Therefore, these Rules have a coercive element, as they penalize non-cooperating persons with fines and penalties.
    • Failure to comply with the NPR data collection can expose one to penal consequences under Rule 17.
    • It may be noted that both these processes are carried under the supervision of a single office: the Office of Registrar General of India and Census Commissioner.

    Privacy Concern

    • Officials insist that NPR information is private and confidential, meaning it will not be shared with third parties. 
    • There is no clarity on the mechanism for protection of the vast amount of data that will be collected through NPR.

    Census vs. NPR

    • The census is decadal headcount in India. It involves a detailed questionnaire aimed at gathering general data about the population of India.
    • The NPR process collects demographic and biometric particulars of individuals.
    • Both processes involve door-to-door enumeration but NPR differs from the Census in the sense that its objective is to have a comprehensive identity database of those residing in India.
    • The Census does not identify individuals.
    • However, in Census 2021, this distinction may no longer exist as the government is said to be planning to conduct it through a mobile phone application.
    • Moreover, Census data are kept and maintained centrally under the Registrar General of India.
    • But once the NPR data are recorded and ready, these details would be kept and maintained in a population register at levels of village or ward, tehsil or taluk (sub-district), district and state.
    • Together, they will constitute the National Population Register with all data at the central level.

    The link between NPR and NRC

    • The Citizenship Act empowers the government to compulsorily register every citizen and maintain a National Register of Indian Citizens.
    • A nationwide NRC — if undertaken — would flow out of NPR.
    • This does not necessarily mean that an NRC must follow NPR — no such register was compiled after the previous NPR in 2010.
    • After a list of residents is created, a nationwide NRC — if it happens — could go about verifying the citizens from that list.

    What de-links NPR and NRC?

    • The NPR is different from the NRC which excludes the foreign citizens.
    • According to the Citizenship Rules 2003, a Population Register is ‘the register containing details of persons usually residing in a village or rural area or town or ward or demarcated area within a ward in a town or urban area.
    • Whereas the NRC is a register containing details of Indian Citizens living in India and outside India.

    Advantages of NPR

    • NPR gives a comprehensive identity database of its residents with relevant demographic details. It will help the government formulate its policies better and also aid national security.
    • It will ease the life of those residing in India by cutting red tape. Not only will it help target government beneficiaries in a better way, but also further cut down paperwork and red tape in a similar manner that Aadhaar has done.
    • For instance, it is common to find a different date of birth of a person on different government documents. NPR will help eliminate that.
    • With NPR data, residents will not have to furnish various proofs of age, address and other details in official work.
    • It would also eliminate duplication in voter lists, the government insists.

    Where Aadhaar does comes to the picture?

    • There is a little back story about NPR and Aadhaar. The two were considered rival projects under the UPA government.
    • When NPR process began in the government, P Chidambaram was the Union home minister, who pushed the population register project.
    • Both the NPR and Aadhaar projects were concurrently underway collecting demographic and biometric data.
    • Initially, both had better and targeted delivery of benefits and services to people as their objectives. The works of the UIDAI and the home ministry were viewed as duplication and wastage of resources.
    • The conflict, however, ended in a compromise between the home ministry and the UIDAI where it was decided that NPR and Aadhaar databases will be used for different purposes.
    • Aadhaar will deliver welfare services and NPR will be used for other purposes of governance.
    • It was also decided that those already enrolled for Aadhaar need not give their biometric details during NPR exercise.
    • The NPR data were to be matched with Aadhaar data for de-duplication. But the final formula gave NPR an upper hand.
    • It was agreed that in case of discrepancy between Aadhaar and NPR data, NPR would prevail.
    • Simply put, NPR conducted in accordance with the Citizenship Amendment Act 2003 will form the key data set for both Aadhaar and NRC.

     

     

    References

    https://www.civilsdaily.com/news/national-population-register-npr/

    https://www.livelaw.in/top-stories/what-is-the-caa-npr-nrc-linkexplainer-151105

    https://www.indiatoday.in/news-analysis/story/caa-npr-nrc-confusion-connection-explained-india-1631534-2019-12-26

     

  • 28th December 2019 | Prelims Daily with Previous Year Questions

    [WpProQuiz 324]

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  • 27th December 2019 | Prelims Daily with Previous Year Questions

    [WpProQuiz 323]

  • 27th December 2019 | Daily Answer Writing Enhancement

    The topics covered in the upcoming AWE on 2nd January are:

    Q.1) Indian Society and Diversity of India.

    Q.4) Ethical concerns and dilemmas in government and private institutions.

     

    Question 1)

    Explain how conflicting geographical differences between the northern and southern states of America led to the outbreak of the American Civil War. (15 Marks) 

    Question 2)

    RTI is an effective means to bring in transparency and accountability in administration. Only if it’s institutions are preserved. Comment. (15 Marks)

    Question 3)

    The scourge of terrorism is a grave challenge to national security. What solutions do you suggest to curb this growing menace? What are the major sources of terrorist funding? (15 Marks)

    Question 4)

    You are a Head of Department in a premier University. Recently a clerical staff in your department was terminated from the job as he was found under the influence of alcohol during office hours. In the previous month, there were a lot of complaints regarding his poor quality of work, tardiness and some incoherent behaviour. Later you came to know that this change in behaviour was concurrent with the death of his wife after a prolonged illness. It has also made him debt-ridden. This may be further compounded by the fact that he has a daughter to marry off soon and a differently-abled son to take care of. He desperately needs a job. He has applied for a position at a private University and has already given your name as a reference. He pleads you to give him a good recommendation and not mention his drinking, which he assures you is now under control. He also asks you to mention that he voluntarily left the University to address a family medical crisis and that the University was pleased with his work. You like this person and believe that he is a good worker when he is not drinking. But you doubt whether he has really overcome his drinking problem. Valid arguments can be advanced, both, for rejecting his plea with the consequence that his condition may become even worse and for accepting his plea with a noble intention, but keeping the third party in dark. What could those arguments be? Could there be any better way to get out of this dilemma? If so, outline the main elements of this third way, pointing out its merits. (15 Marks) 

    Reviews will be provided in a week. (In the order of submission- First come first serve basis). In case the answer is submitted late the review period may get extended to two weeks.

    *In case your answer is not reviewed in a week, reply to your answer saying *NOT CHECKED*. If Parth Sir’s tag is available then tag him.

    For the philosophy of AWE and payment, check  here: Click2Join

  • 26th December 2019 | Prelims Daily with Previous Year Questions

    [WpProQuiz 322]

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