[Mission 2022] INSIGHTS DAILY CURRENT AFFAIRS + PIB SUMMARY 05 APRIL 2022

GS Paper 2:

Topics Covered: Indian Constitution.

Context:

The Attorney General for India KK Venugopal has objected to a writ petition which has been filed seeking directions to enforce fundamental duties and steps to sensitise the citizens about their duties.

Background:

In February 2022, a petition was filed in the Supreme Court seeking the enforcement of Fundamental Duties under the Indian constitution through comprehensive and well-defined laws.

• The petitioners argued that the need to enforce fundamental duties arises due to a new illegal trend of protest by protestors in the garb of freedom of speech and expression, by way of blocking of road and rail routes in order to compel the government to meet their demands.
• This is also necessary to remind citizens that fundamental duties were as important as fundamental rights under the Constitution.

Efforts by the Centre to create awareness about FDs:

1. Tremendous amount of work has been done for the purpose of sensitising people, both citizens and the students, about Article 51A.
2. The curriculum of the schools contains the entire 51A with duties to be taught to them, debates have been held throughout the country, etc.
3. The leaders have addressed this aspect- the President, the Prime Minister- from time to time.
4. One-year awareness drive has also been launched.

Supreme Court’s judgment in the Ranganath Mishra case – 2003:

The Court observed that fundamental duties should not only be enforced by legal sanctions but also by social sanctions. After all, rights and duties were co-relative.

Directions were issued to the Centre to consider and take appropriate steps expeditiously for the implementation of the recommendations of Justice J. S. Verma Committee’s report on the operationalisation of fundamental duties.

Rationale behind the demand:

• The petition referred to the Bhagwad Gita on the importance of duty. Lord Krishna guides Arjuna and educates him with the importance of duties in all spheres/ stages of one’s life.
• It also referred to the erstwhile Soviet Constitution where the rights and duties were placed in the same footing.
• Fundamental duties instill a “profound sense of social responsibility towards the nation”. Hence, they have to be enforced.

Impacts:

• Enforcement of Fundamental Duties upholds and protects sovereignty, unity and integrity of India.
• It also prepares citizens to defend the country and render national service when called upon to do so.
• It seeks to disseminate a sense of nationalism and to promote the spirit of patriotism to uphold the unity of India after the emergence of China as a superpower.

Fundamental Duties:

Original constitution did not contain any provisions related to Fundamental Duties (FD).

• This section was added through 42nd amendment act to the constitution of India based on the recommendations of Swaran Singh Committee. In 2002, another Fundamental duty was added to this list.
• The idea of this section was borrowed from USSR constitution.
• Japanese constitution is one of the other democratic nations which have a provision dealing with the duties of its citizens.
• Fundamental duties like DPSP are non-justiciable.

Criticism of FD:

• They are made non-justiciable in nature.
• Important duties such as tax-paying, family planning etc are not covered.
• Vague and ambiguous provisions which are difficult to be understood by a common man.
• Superfluous provisions since they would generally be followed even if they were not included.
• Inclusion as an appendage to the constitution reduces the value and intent behind FD.

Insta Curious:

FD apply only to citizens and DO NOT EXTEND TO FOREIGNERS. Which are the other rights applicable to only citizens of the country?

InstaLinks:

Prelims Link:

1. Swaran Singh Committee.
2. Important Fundamental Duties.
3. Fundamental Rights vs Duties.
4. Amendments to Fundamental Duties.

Mains Link:

Discuss the need for enforcement of Fundamental Duties.

Sources: the Hindu.

GS Paper 2:

Topics Covered: Effect of policies and politics of developed and developing countries on India’s interests, Indian diaspora.

Context:

Germany, France and other countries have accused Russia of war crimes in the town of Bucha just outside Ukraine’s capital Kyiv.

What’s the issue?

The mayor of Bucha said on Saturday that 300 residents had been killed by Russian troops during a month-long occupation. Victims were seen by Reuters in a mass grave and lying in the streets.

What is a war crime?

The International Criminal Court in The Hague defines war crimes as “grave breaches” of the post-World War Two Geneva Conventions, agreements which lay out the international humanitarian laws to be followed in war time.

• Breaches include deliberately targeting civilians and attacking legitimate military targets where civilian casualties would be “excessive”.

Geneva Conventions:

The meaning of war crimes was clarified in the four 1949 Geneva Conventions.

• Article 147 of the Fourth Geneva Convention defines war crimes as “wilful killing, torture or inhuman treatment, including wilfully causing great suffering or serious injury to body or health, unlawful deportation or transfer or unlawful confinement of a protected person taking of hostages and extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly”.

Procedure:

1. The ICC will issue an arrest warrant if prosecutors can show “reasonable grounds to believe” war crimes were committed.
2. To obtain a conviction, the prosecutor would have to prove a defendant’s guilt beyond a reasonable doubt.
3. For most charges, that requires proving intent. One way to do this would be for a prosecutor to show there were no military targets in the area of an attack and that it was not an accident.

Convictions so far:

Since the ICC was formed, it has overseen 30 cases, some with multiple defendants, its website says. ICC judges have convicted five people of war crimes, crimes against humanity and genocide, and acquitted four others.

• Congolese warlord Thomas Lubanga Dyilo was convicted in 2012.
• The court has issued arrest warrants for several defendants who remain at large, including Joseph Kony, leader of the Lord’s Resistance Army militia group in Uganda.

Insta Curious:

Did you know that neither Russia nor Ukraine is a member of the ICC and Moscow does not recognize the tribunal? But Ukraine has given its approval to examine alleged atrocities on its territory dating back to Russia’s annexation of Crimea in 2014.

InstaLinks:

Prelims Link:

1. Definition of War Crimes as defined by Geneva Conventions.
2. About ICC.
3. Members and jurisdiction.
4. Ukraine and Russia war.

Mains Link:

What constitutes a war crime? What are the international conventions in this regard.

Sources: the Hindu.

GS Paper 2:

Topics Covered: Important International institutions, agencies and fora, their structure, mandate.

Context:

Experts have said that increasing both the Quad’s membership and influence can serve as the basis of the Biden administration’s strategy to check China’s maximalist ambitions in Asia.

• For this, experts suggested inviting South Korea to join the Quadrilateral Security Dialogue (Quad).

Why South Korea?

South Korea has 50 million people, and its economy is now G7 class, on a par with Canada or Russia. It has 600,000 servicemen and women, and its military budget, at $US50 billion ($69.5 billion), will soon surpass that of Japan. Engagement by South Korea with the Quad is becoming more important than ever.

What is Quad grouping?

The quadrilateral security dialogue includes Japan, India, United States and Australia.

• All four nations find a common ground of being the democratic nations and common interests of unhindered maritime trade and security.

Genesis:

The grouping traces its genesis to 2004 when the four countries came together to coordinate relief operations in the aftermath of the tsunami.

• It then met for the first time in 2007 on the sidelines of the Association of SouthEast Asian Nations (ASEAN)
• The intention was to enhance maritime cooperation between the four nations.

Significance of the grouping:

• Quad is an opportunity for like-minded countries to share notes and collaborate on projects of mutual interest.
• Members share a vision of an open and free Indo-Pacific. Each is involved in development and economic projects as well as in promoting maritime domain awareness and maritime security.
• It is one of the many avenues for interaction among India, Australia, Japan and the US and should not be seen in an exclusive context.

What are China’s views on the Quad?

There is a general understanding that the Quad would not take on a military dimension against any country. The strategic community in China, nevertheless, had branded it an emerging “Asian NATO”.

Notably, Japanese PM Shinzo Abe’s “Confluence of Two Seas” address to the Indian Parliament gave a fresh impetus to the Quad concept. This recognised the economic rise of India.

Insta Curious:

Have you heard of Quad Plus? Quad members have also indicated a willingness to expand the partnership through a so-called Quad Plus that would include South Korea, New Zealand, and Vietnam amongst others. Read more about this here.

InstaLinks:

Prelims Link:

1. Quad- composition.
2. When was it first proposed?
3. Countries and important islands in the Indian Ocean region.
4. Geographical overview of Indo-Pacific region.
5. Important seas and straits in the region.

Mains Link:

A formal revival and re-invigoration of the Quad is called for to maintain peace and tranquillity and to ensure observance of the UN Law of the Seas. Examine.

Sources: Indian Express.

GS Paper 3:

Topics Covered:  Important International institutions, agencies and fora, their structure, mandate.

Context:

Amazon and Future Group have agreed to appear before the Singapore International Arbitration Centre (SIAC), the parties informed the Supreme Court (SC) recently.

Background:

The Supreme court was hearing Amazon’s application seeking directions to restrain Future Retail from alienating its retail assets till the arbitration proceedings between the US-based E-commerce giant and the Kishore Biyani-owned group at Singapore International Arbitration Centre (SIAC) are completed.

• Amazon and Future group are engaged in litigation at multiple legal portals on the issue of FRL’s merger deal to the tune of Rs 24713 crore with Reliance Retail Limited (RIL).The SIAC in 2020 restrained Future from selling its assets to RIL.

Why are they approaching SIAC?

The parties in a deal usually sign a contractual agreement which specifies about:

1. The arbitral institution administering the arbitration.
2. The applicable rules.
3. The seat of arbitration.

In this case Amazon and Future Group have under their agreement agreed to refer their disputes to SIAC, with Singapore presumably being the contractual choice for the seat/place of arbitration.

How is the dispute taken up at the SIAC? What is the procedure to be followed?

Once a dispute is referred to arbitration, the process of appointment of the arbitral tribunal takes place.

Composition: Typically, in case of a three member tribunal, both the parties appoint one member each to the tribunal, while the third member is jointly appointed by the two nominees or, if they fail to agree, by SIAC.

Appointment of an Emergency Arbitrator:

Appointment of the arbitral tribunal usually takes time.

• Therefore, under the rules of SIAC, parties can move SIAC to appoint an emergency arbitrator to get urgent interim relief, even as the process of appointment of the main arbitral tribunal is underway.

What happens when the parties don’t comply with the order voluntarily?

Currently under Indian law, there is no express mechanism for enforcement of the orders of the Emergency Arbitrator.

But, the parties voluntarily comply with the Emergency Award.

• However, if the parties don’t comply with the order voluntarily, then the party which has won the emergency award, in this case Amazon, can move the High Court in India under Section 9 of the Arbitration & Conciliation Act, 1996, to get similar reliefs as granted by the Emergency Arbitrator.

Why has Singapore become the hub of international arbitration?

• Foreign investors investing in India typically want to avoid the rigmarole of the Indian courts.
• Foreign investors feel that Singapore is neutral ground for dispute resolution.
• Singapore itself over time has built a stellar reputation as jurisdiction driven by rule of law with international standards and high integrity. This gives comfort to investors that the arbitration process will be quick, fair and just”.

According to the 2019 annual report of SIAC, India was the top user of its arbitration seat with 485 cases being referred to SIAC, followed by Philippines at 122, China at 76 and the United States at 65.

Does India have any international arbitration centre?

Yes. India now has its own international arbitration centre in Mumbai.

About Singapore International Arbitration Centre (SIAC):

It is a not-for-profit international arbitration organisation based in Singapore, which administers arbitrations under its own rules of arbitration and the United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules.

InstaLinks:

Prelims Link:

1. What is Arbitration?
2. About SIAC.
3. Overview of the Arbitration & Conciliation Act, 1996.
4. About UNCITRAL.

Mains Link:

Discuss why has Singapore become the hub of international arbitration?

Sources: the Hindu.

GS Paper 3:

Topics Covered: Biotechnology related issues.

Context:

Vaccine maker Biological E. has been selected to receive mRNA technology from the World Health Organization technology transfer hub.

WHO’s technology transfer hub:

Primarily set up to address the Covid-19 emergency, WHO’s technology transfer hub has the potential to expand manufacturing capacity for other products as well, including treatments, and target other priorities such as malaria, HIV and cancer.

What is this technology all about?

Messenger RNA or mRNA technology works by teaching our cells to recognize and protect us against infectious diseases. One of the challenges with this new technology is that it must be kept cold to maintain stability during transport and storage.

What are mRNA vaccines?

mRNA vaccines trick the body into producing some of the viral proteins itself.

• They work by using mRNA, or messenger RNA, which is the molecule that essentially puts DNA instructions into action.
• Inside a cell, mRNA is used as a template to build a protein.

How it works?

1. To produce an mRNA vaccine, scientists produce a synthetic version of the mRNA that a virus uses to build its infectious proteins.
2. This mRNA is delivered into the human body, whose cells read it as instructions to build that viral protein, and therefore create some of the virus’s molecules themselves.
3. These proteins are solitary, so they do not assemble to form a virus.
4. The immune system then detects these viral proteins and starts to produce a defensive response to them.

Significance of mRNA vaccines:

There are two parts to our immune system: innate (the defences we’re born with) and acquired (which we develop as we come into contact with pathogens).

• Classical vaccine molecules usually only work with the acquired immune system and the innate immune system is activated by another ingredient, called an adjuvant.
• Interestingly, mRNA in vaccines could also trigger the innate immune system, providing an extra layer of defence without the need to add adjuvants.

InstaLinks:

Prelims Link:

1. What is a vaccine?
2. How do vaccines work?
3. Working of the immune system.
4. What is mRNA?
5. Potential applications of mRNA vaccines.

Mains Link:

Discuss the benefits of mRNA vaccines. 

Sources: Indian Express.

GS Paper 3:

Topics Covered: Scientific Developments.

Context:

Nearly 40 years after India first signed the Antarctic Treaty, the government has brought in the Indian Antarctic Bill-2022 to regulate and monitor activities at its research stations in the frozen continent.

Key features of the bill:

• It envisages regulating visits and activities to Antarctica as well potential disputes that may arise among those present on the continent.
• Applicability: The Bill will apply to Indians, foreign citizens, corporations, firms and joint ventures functioning in India, and any vessel or aircraft that is either Indian or part of an Indian expedition.
• It prescribes penal provisions for certain serious violations.
• It prohibits Indian expedition to Antarctica or carrying of certain activities in Antarctica without a permit or the written authorisation of another party to the protocol.
• It provide for inspection in India by an officer designated by the Central government as an Inspector and to constitute an inspection team to carry out inspections in Antarctica.
• It provides for the constitution of the fund to be called the Antarctic fund which shall be applied towards the welfare of Antarctic research work and protection of Antarctic environment.

Need for legislation:

• India had been a signatory to the Antarctica Treaty since 1983 that encumbered India to specify a set of laws governing portions of the continent where it had its research bases.
• The Treaty made it mandatory for the 54 signatory countries to specify laws governing territories on which their stations are located.
• India is also signatory to treaties such as the Convention on the Conservation of Antarctic Marine Living Resources and the Commission for Conservation of Antarctic Marine Living Resources, both of which enjoin India to help preserve the pristine nature of the continent.

Also, there is growing concern over preserving the pristine Antarctic environment and ocean around Antarctica from exploitation of marine living resources and human presence in Antarctica.

Insta Curious:

Do you know about India’s two operational research Stations- Maitri & Bharati in Antarctica? Read Here.

InstaLinks:

Prelims Link:

1. About Antarctic Treaty.
2. About Antarctic Treaty System.
3. India’s missions in Arctic and Antarctic.

Mains Link:

Discuss the objectives of Antarctic Treaty. Is it relevant still today? Discuss.

Sources: the Hindu.

GS Paper 3:

Topics Covered: Cyber security related issues.

Context:

Microsoft has introduced a cybersecurity skills development campaign in 23 geographies, including India, to address the alarming shortage of internet security professionals.

Need for:

By 2025 there will be 3.5 million cybersecurity jobs available globally, representing a 350% increase over an eight-year period, as per Cybersecurity Ventures.

• By that time, India alone is estimated to have almost 3.5 lakh cybersecurity job positions waiting to be filled, both in the private and public sectors.

Concerns:

• Cyber crimes in India caused Rs 1.25 trillion loss in 2019.
• Cyber threats will continue to increase as the country starts developing smart cities and rolling out 5G network, among other initiatives.
• There are only a few Indian companies who are making some of the cyber security products and there is a big vacuum in the sector.

Steps taken by the Government to spread awareness about cyber crimes:

1. Online cybercrime reporting portal has been launched to enable complainants to report complaints pertaining to Child Pornography/Child Sexual Abuse Material, rape/gang rape imageries or sexually explicit content.
2. A scheme for establishment of Indian Cyber Crime Coordination Centre (I4C) has been established to handle issues related to cybercrime in the country in a comprehensive and coordinated manner.
3. Establishment of National Critical Information Infrastructure Protection Centre (NCIIPC) for protection of critical information infrastructure in the country.
4. All organizations providing digital services have been mandated to report cyber security incidents to CERT-In expeditiously.
5. Cyber Swachhta Kendra (Botnet Cleaning and Malware Analysis Centre) has been launched for providing detection of malicious programmes and free tools to remove such programmes.
6. Formulation of Crisis Management Plan for countering cyber attacks and cyber terrorism.

What needs to be done ahead?

• Regularly issue alerts/advisories,l.
• Capacity building/training of law enforcement personnel/ prosecutors/ judicial officers.
• Improving cyber forensics facilities etc.
• Speed up investigation.

Finally, ‘Police’ and ‘Public Order’ are State subjects as per the Constitution of India. States/UTs are primarily responsible for prevention, detection, investigation and prosecution of crimes through their law enforcement machinery.

InstaLinks:

Prelims Link:

1. About the Indian Cyber Crime Coordination Centre (I4C).
2. National Critical Information Infrastructure Protection Centre (NCIIPC).
3. CERT- In.
4. Cyber Swachhta Kendra’s.

Sources: the Hindu.