9 PM Daily Brief – 6th December 2016


  • Front Page / NATIONAL
  1. Centre not to make singing of National Anthem compulsory in government schools
  2. Horse racing not animal cruelty
  3. Proposal to amend law for cashless wage payments
  • Editorial/OPINION
  1. The heart of the problem
  2. Comparing apples and oranges
  3. The nowhere people
  • Indian Express
  1. Black cash in India
  2. War as performance
  • Live Mint
  1. How to deal with the demand shock
  2. Why India needs a new Constitution

Click here to Download 9 PM Daily Brief PDF (6th Dec. 2016)


Front Page / NATIONAL


[1]. Centre not to make singing of National Anthem compulsory in government schools


The Hindu

Context

It is up to the States to take necessary action for observance of provisions of the RTE Act and Constitution concerning National Anthem.

What has happened?

The Centre does not propose to make singing of the National Anthem mandatory in all government and government-aided schools, and it is up to the States to take necessary action for observance of provisions of the RTE Act and Constitution concerning the same, the Lok Sabha was informed

Backdrop

Union Minister of State for Human Resource Development UpendraKushwaha made a statement in Lok Sabha when he was asked whether the Centre proposes to make singing of the National Anthem mandatory in all government and government-aided schools

Legal angle

  • RTE Act, 2009: Section 29(2)(a) of the RTE Act provides that the academic authority, while laying down the curriculum and the evaluation procedure under sub-section (1), shall take into consideration conformity with the values enshrined in the Constitution
  • Fundamental duty: Further, Article 51-A (a) of the Constitution of India mentions that it shall be the duty of the every citizen of India to abide by the Constitution and respect its ideals and institutions, the national flag and the national anthem

Education is under Concurrent list

As education is in the concurrent list and a majority of schools are under the jurisdiction of the state governments and UT administrations, it is for them to take necessary action for observance of the above provisions of the RTE Act and the Constitution of India


[2]. Horse racing not animal cruelty


The Hindu

Context

SC: Horse racing per se is not cruelty, the Supreme Court said

What has happened?

Horse racing is not cruelty but tonga races on metal roads are,Supreme court has declared

Backdrop

A Bench of Justices A.M. Khanwilkar and D.Y. Chandrachud made this observation while issuing notice to the Rajasthan government on a petition challenging a High Court order banning tonga races in the State.

  • The Rajasthan High Court had relied on a Supreme Court judgment of 2014 banning jallikattu to stop the tonga races

 Why Jallikattu is cruelty but tonga races are not?

Jallikattu verdict dwelt on specific instances of cruelty shown to bulls like biting and twisting a bull’s tail, poking the bull with knives and sticks, using irritant solutions in the eyes, use of alcoholic liquids and throwing stones. In tonga races, the petitioner said, “No act of cruelty whatsoever is meted out to the horse, which is an animal meant to be used in racing.


[3]. Proposal to amend law for cashless wage payments


The Hindu

Context

The Centre has proposed amending a law to empower States and allow industries to pay wages by cheque or by direct credit into bank accounts.

What has happened?

The Centre has proposed amending a law to empower States and allow industries to pay wages by cheque or by direct credit into bank accounts.

  • The Union Labour ministry has proposed changes to the Section 6 of the Payment of Wages Act of 1936. The present law states that all payment of wages should be made in cash, with a provision enabling employers to obtain written permission of the worker to pay either by cheque, or by crediting the wages to his or her bank account.

Proposal states that

State governments may specify the industry through official notifications where the payment of wages shall be made through cheques or direct credit in bank accounts

Rationale

Reduction in complaints: One of the reasons for the ineffective enforcement of payments of wages to workers is the payment of wages in cash. So, the payment of wages only through cheque or through bank transfer in the bank account of employed persons will reduce the complaints regarding non-payment or less payment of minimum wages, besides serving the objectives of digital and less cash economy.


Editorial/OPINION


[1]. The heart of the problem


The Hindu

Context

Article talks about the HoA conference & the prospective future strategy both India & Afghanistan must adopt to engage with Pakistan

Author begins by detailing as to why the process is named Heart of Asia.

  1. Geographical:Afghanistan lies at the junction of Central, South and East Asia & is also one of the ancient trading routes from China and India to Europe
  2. Focal point of terror: Battles against all major terror groupings from Taliban to Al-Qaeda to IS are being fought here and their outcome will be decided on its soil

Indo-Afghan stance

India & Afghanistan both cornered Pakistan on the cross-border terror emanating from inside its borders. Moreover, Afghanistan even rejected the $500 Billion fund proposal from Pakistan and suggested that it be used to counter terror groups inside Pakistan.

A vital question

But, a vital question to ask here is whether this strategy of closing every window of engagement with Pakistan, a wise one in the long term?

Nope. As per author, such a strategy might be able to build short term pressure on Pakistani leadership to act as it did briefly after the Pathankot attack but in the long run it has following issues,

  • Problems for trade: more obstacles to trade between India and Afghanistan
  • Such a strategy has already resulted in deeper ties for Islamabad with Beijing and Moscow, pushed Kabul closer to Central Asia, and moved New Delhi towards multilateral groupings to the east and south.

 Way forward

India should use HoA process to hasten the development of its projects such as land trade from the Chabahar port and a dedicated air corridor between Delhi and Kabul because delay in establishing these projects means the dragon might sway Afghanistan towards its side, as Afghanistan is connected more closely via a rail line from China’s Yiwu and Tehran

Read more: HoA Conference, To talk or not to talk


[2]. Comparing apples and oranges


The Hindu

Context

Article talks about the Union Ministry of Human Resource Development (MHRD)’s National Institutional Ranking Framework (NIRF), its shortcomings and suggests some solutions

Issue tackled: Higher Education ranking system

 National Institutional Ranking Framework (NIRF)

The National Institutional Ranking Framework (NIRF) was approved by the MHRD and launched by Minister of Human Resource Development on 29th September 2015.

  • This framework outlines a methodology to rank institutions across the country. The methodology draws from the overall recommendations broad understanding arrived at by a Core Committee set up by MHRD, to identify the broad parameters for ranking various universities and institutions.

Main Parameters

  1. Teaching learning and resources
  2. Research, consulting and collaborative performance
  3. Graduation outcomes
  4. Outreach and inclusivity
  5. Perception

Key Features

  1. Developed by a team of experts in education and heads of institutions, the portal and the framework are presently available for engineering and management institutions
  2. Soon, methodologies, parameters and process for ranking universities along with architecture and planning institutions would also be available online
  3. It will follow an Indian approach which considers India-centric parameters like diversity and inclusiveness apart from excellence in teaching learning and research
  4. This framework for engineering and management institutes will be extended to other disciplines like architecture, pharmacy and humanities and for universities very soon
  5. The NIRF will facilitate a level playing field in ranking for institutions which have been working in languages other than English and excelled relatively in the recent past
  6. NIRF is an outcome of a need identified by the Hon’ble Prime Minister and a consequent suggestion to evolve a national ranking framework
  7. The ranking framework is designed such that institutions belonging to different sectoral fields such as Engineering, Management etc. will be compared separately in their own respective peer groups

Backdrop

It should be noted that the first round of results of the NIRF were published in April 2016

Need for a ranking system

  • Vast education enterprise: Education is the building block of development and India has a massive higher education system of its own. It turns out close to 8-10 million graduates a year from over 50,000 institutions coming under some 800 universities and employing over 1.5 million teachers.Such a vast education enterprise needs a ranking framework so that quality is maintained and end user i.e. students do not suffer
  • Unfair global rankings: Even the elite Indian institutions are not doing good on the globally accepted rankings like QS World University Rankings, Times Higher Education World University Rankings, Shanghai (ARWU) Ranking, etc. Comparison should be made qualitatively and not blatantly. So, the idea of an indigenous ranking which is in tune to the sensibilities of factors prevailing inside our country, seems a legit one.

 Criticism of NIRF ranking

Like any ranking system, the NIRF scheme is also open to questioning and criticism, and it certainly has its share of limitations.

  • Erroneous categorisation: Many institutions with a sharp focus on Information Technology or Space Technology have qualified to be called “universities”, whereas many institutions with a broad base in all domains of engineering, sciences and humanities are listed as “Engineering Institutions”
  • New institutions: There is no point in ranking relatively new institutions
  • State institutions not consulted: The entire NIRF exercise was carried out largely by members from the Central government institutions; there was not much effort made to elicit views from over 90 per cent of the institutions that belong to the State system (including those in the affiliation framework)
  • Unequal comparisons: NIRF compares IITs, which are far more better funded, have greater freedom & greater resources, with State institutions
  • Reinforcing perceptions: As per the first round of results of the NIRF rankings, of the top 25 “Engineering Institutions” and “Universities” each, about three-fourths are Centrally funded institutions, and the rest divided equally between private and State institutions. Already the eligibility for many Central funding schemes are already being restricted to “IITs, NITs, IIITs, ISERs and Central Universities. The ranking would simply formalise and reinforce this perception. So, a State institution placed at the lower end, will not receive central funding thereby resulting in poorer performance which will further exacerbate its ranks in the future NIRF rankings, thus creating a vicious circle.

Solutions

Author proposes two solutions,

  1. Normalisation: Comparing institutions which receive different amount of funding or have varied degrees of freedom is like comparing apples with oranges. Instead the performance index values for an institution should be normalised wrt the investments and resources that have gone into that institution.
  2. Alternative ranking system: Author says that the present NIRF scheme could be retained for Central and private autonomous institutions, and another suitable scheme should be evolved for the State-level institutions, each being made compulsory for its category

Conclusion

Author concludes by saying that a ranking’s main objective should be to provide motivation for future improvement and not to demoralize, discourage or ridicule it for its inadequacies.

Note: Brief note on NIRF has been referred from here


[3]. The nowhere people


The Hindu

Context

People migrating due to environmental disasters should be accorded ‘refugee’ status in international law.

Issue tackled: Climate migration

Who are environmental refugees?

Those people who on a global scale are facing displacement due to droughts, famines, rising sea levels and other natural disasters caused by climate change

Scale of the problem

According to the Internal Displacement Monitoring Centre, an international body reviewing trends of internal displacement,

  • An estimated 24 million people are being displaced annually by natural disasters since 2008
  • This crisis will make almost half a billion people worldwide “environmental refugees” by the end of the century

Is there any international law that provides rights to refugees?

Yes. There is the UN Refugee Convention (1951)that grants certain rights to people fleeing persecution because of race, religion, nationality, affiliation to a particular social group, or political opinion.

  • The rights they are entitled to follow principles of non-discrimination, non-penalisation, and non-refoulement

Non-refoulement: the practice of not forcing refugees or asylum seekers to return to a country in which they are liable to be subjected to persecution

No refuge for refugees

But even the UN Refugee Convention of 1951 is silent when it comes to environmental refugees. Such people are not recognised as refugees as per the convention leaving them without any basic rights of rehabilitation and compensation

Paris agreement falls short

Even the Paris agreement falls way short of addressing the problem of climate migration.

  • Creation of an ineffective task force: The agreement, in Paragraph 50 of the Loss and Damage section, creates a task force to build upon existing work and develop recommendations for addressing climate migration. But this is meaningless for two main reasons —
  • The recommendations of the task force have no binding authority
  • No details are provided on its functions, operations, funding and other aspects. This ambiguity further erodes confidence in the realistic capability of this task force to effectively tackle climate migration

Way forward

  • Climate Change Displacement Coordination Facility: The initial COP21 agreement draft text had a proposal for a displacement coordination facility for organised migration and planned relocation of displaced persons, securing emergency relief, and arranging compensation for those displaced but this could not make the final text. Author points that this proposal should be again looked into and implemented. This facility will act as a short term solution to the problem of climate migration because our main aim should be to mitigate and adapt simultaneously.
  • Recognition of refugees: A permanent solution requires an international treaty framework that recognises ‘environmental refugees’ and the obligations of nation states in accommodating them within their territories. Increasing paranoia against immigrants can be witnessed by two recent events i.e. BREXIT & US presidential election outcome. So, it is high time that environmental refugees are granted legal status under international law.

 How this can be achieved?

  • Expand the ambit of the existing UN Refugee Convention to include climate migration
  • Creating an independent treaty framework addressing the challenges of climate change-induced migration comprehensively

Read More: UN Refugee Convention, Environmental refugees


Indian Express


[1]. Black cash in India


Indian Express

Context

Rumors of even a 1 percentage point decline in GDP growth for 2016/17 are vastly exaggerated, have no basis in logic or fact.

Article tries to dispel myths like Demonetization is going to lead to a 1 per cent GDP loss or that it is going to be a monumental failure.

Author has utilized multitude of calculations to prove his point. Such calculations are not required to be memorized as they are not useful from our purpose.

Give it a go through once.


[2]. War as performance


Indian Express

Context

Fidayeen warfare is, in fact, a sideshow, militarily ineffective and strategically marginal to the jihadist insurgency in Kashmir.

Author has detailed the core motivation behind fidayeen attacks, why people volunteer for fidayeen warfare and the resulting casualties that our army has suffered.

Give it a go through once.


Live Mint


[1]. How to deal with the demand shock


Live Mint

Context

Monetary policy can be a part of the overall response—but it is perhaps the weakest policy lever available right now.

Monetary Policy Committee will meet and decide about a prospective rate cut. Article is a brief commentary about other prospective options.

Give it a go through once.


[2]. Why India needs a new Constitution


Live Mint

Context

The current Constitution gives the government near omnipotent powers that are not consistent with a free society

Unused Potential

The 2015 International Monetary Fund ranking of countries places India at the 140th position with an annual per capita gross domestic product of only $1,600. For China the figures are 73rd and $8,000

  • India had the potential to be at least a middle-income country with negligible poverty by the turn of the century

Cause of India’s poverty

Author zeroes in on the constitution as the root cause of India’s poverty as it dictates the nature of the government which further directs the economic policy of the country.

Criticism of Indian constitution

  • Allows for exploitation: It gives the government enormous powers to intervene in the economy, to enact laws that discriminate among citizens based on attributes such as religion and caste, restricts freedom of speech, and limits the right to property. In short, it allows deliberate political and economic exploitation
    • Undue government interference leads to politicization of economy which leads to corruption of politics

 Comparison with US constitution

  • Author contrasts the Indian constitution with US constitution which is shorter, guarantees the freedom of speech, protects property rights, prohibits discrimination among citizens, and limits the power of the government
  • Definition of relationship between people and the government

US constitution: The US Constitution places the people as the principal and the government as its agent

Indian Constitution: The Indian Constitution places the government as the master and people as its servants

Huge constitution: A low trust society

Author points out that a very large constitution with a vast array of rules and laws points towards a society which cannot be trusted.

  • Author again points out that India is not a low trust society by its very nature but it became so due to century of oppressive relationship with the government
  • The trend of seeing the society and citizens at large as immature and irresponsible has continued even after independence

What India needs?

  • Limits the power of the state: Author states that India needs a constitution which that constrains governmental power and restricts it to the proper role of the government in a free society, namely to protect life, liberty and property of the citizens
  • Prohibits discrimination: The new Constitution must prohibit discrimination and must guarantee that all laws follow a generality norm that apply equally to all regardless of sex, religion, group affiliation or origin
  • Easily readable: Indian constitution with its jargon and voluminous shape is unreadable by most of the populace. New constitution should be easily readable and in order to ensure that it is indeed read by all, it should be in plain language, not in legal terminology

Conclusion

Author concludes by saying that India needs a constitution which imposes reasonable constraints on the power of the state and vests that power with the people, for that is the sole purpose of constitutional republic.


Comments

7 responses to “9 PM Daily Brief – 6th December 2016”

  1. Rajendra Meena Avatar
    Rajendra Meena

    That’s what I was thinking. $500 billion from Pakistan is impossible.

  2. Can you specify the errors?

  3. theonlylion Avatar
    theonlylion

    thnkx sir…

  4. GC Reddy Avatar
    GC Reddy

    Thanks for the brief. But I see some errors creeping in. In a few places, what’s written here is different from what’s actually conveyed in the article. I think it’d really help if you can crowd source to reduce your work load and provide error free articles. May be you can maintain 5-10 volunteers, who can work on specific parts of the brief. I’d be happy to help if you come up with such an initiative.

  5. Yes…u r right

  6. sudireddy srinivasreddy Avatar
    sudireddy srinivasreddy

    Great work sir.I appreciate your punctuality.

  7. SanathSriniv Avatar
    SanathSriniv

    Fund given by Pakistan to Afghanistan is 500 million(as per my reading) correct me if I’m wrong… @ForumIAS

Leave a Reply

Your email address will not be published. Required fields are marked *