Daily 9 PM Brief – April 26

The Hindu

Front Page / NATIONAL

[1] SC pulls up trial court in Sabarmati train blasts case

 The Hindu

 Context

Orders release of undertrial on November 1

 What has happened?

A Supreme Court Bench of Chief Justice Khehar and Justice D.Y. Chandrachud gave the trial court in the 2000 Sabarmati train blasts case six months – October 31, 2017 deadline — to complete the proceedings

[2] China wants government-level talks on Kolkata-Kunming trade corridor

Hindustan Times

Context

BCIM-EC

What has happened?

China stressed on the need to upgrade negotiations on the Bangladesh-China-India-Myanmar Economic Corridor (BCIM–EC) to the government level as the third meeting of the joint study group

BCIM-EC corridor

The corridor stretches over about 3,000km — from Kolkata to Kunming in China via Silchar and Imphal in India, Dhaka and Jessore in Bangladesh, and Mandalay in Myanmar

The Draft

The Chinese delegation has come prepared with a draft mechanism for ‘inter-government cooperation’ that will be shared with the delegation from the three other countries during the two-day meeting

[3] Odisha’s famous tiger dance losing its charm for many

The Hindu

Context

Falling standards of Bagha Nacha

What has happened?

  • Though the biennial Thakurani Jatra festival of Berhampur showcases the famous tiger dance or ‘Bagha Nacha’, experts feel that the standard of this folk form has gone down over the years
  • Performers at the festival do not show serious interest in this unique dance form or in learning its intricacies, as a result of which the standard has gone down

Bagha Nacha

  • In Bagha  Nacha (Tiger Dance),  a young male paints himself as a tiger and wears a special head gear and tail  while dancing  to the tune of  Dhampa (a musical instrument played by beating with two sticks on drums)
  • Anybody can perform Bagha Nacha
  • However, traditionally, many people promise a wish to perform on the event of a troublesome phase of daily life praying for Goddess’s blessing to overcome
  • Bagha Nacha or other roles played during the Yatra  are considered as  thanks giving to the Goddess

More about Bagha Nacha

[4] Judgment turns focus on removal of police top brass

The Hindu

Context

While reinstating Senkumar as Kerala DGP, SC relied on Prakash Singh case

What has happened?

Supreme Court judgment reinstating T.P. Senkumar as Director-General of Police in Kerala has brought the spotlight back on the issue of executive privilege in appointing and removing top officials

Prakash Singh case

The verdict draws from a September 2006 judgment in what is known as the Prakash Singh case where the Supreme Court said a DGP should have a two-year tenure and can be removed only in consultation with the State Security Commission under certain conditions

Security Commission

  • In the Prakash Singh case, the Supreme Court directed State Governments to constitute a State Security Commission to ensure that the State “does not exercise unwarranted influence or pressure on the State police and for laying down the broad policy guidelines so that the State police always acts according to the laws of the land and the Constitution of the country
  • This watchdog body shall be headed by the Chief Minister or Home Minister as Chairman and have the DGP of the State as its ex-officio Secretary
  • The other members of the Commission shall be chosen in such a manner that it is able to function independent of government control

But not Independent

A 2014 report prepared by the Commonwealth Human Rights Initiative revealed that while States have set up State Security Commissions, the intended independent character of these bodies has been given the go-by

[5] SC seeks common law against cross-border cattle smuggling

The Hindu

Context

Asks Centre to extend rules framed for Nepal to Bangladesh

What has happened?

The Supreme Court on Tuesday asked the Centre to extend to the India-Bangladesh border areas the rules framed to counter cross-border cattle smuggling to Nepal

Tamper proof-method

  • Government of India, has devised a method of tamper-proof identification of cattle using polyurethene tags with unique identification number sequence
  • This may be made mandatory for all cow and its progeny throughout India for all cattle that is owned

[6] Surgical strikes here to stay

The Hindu

Context

Included in joint doctrine of the services as a possible response to terror

What has happened?

  • India’s latest military doctrine has added surgical strikes, even those across the border, among the nation’s possible responses to terrorist attacks
  • The first joint military doctrine was released in 2006
  • This would be followed by formulation of other keystone doctrines such as information warfare, training and so on in due course
  • The revised doctrine was formulated in a record time of nine months

[7] India, Sri Lanka slip on oil, trade deals

The Hindu

Context

Ranil’s visit accompanied by disquiet back home

What has happened?

Sri Lankan Prime Minister Ranil Wickremesinghe arrived in New Delhi on Tuesday for official meetings expected to announce several MoUs on developing energy and infrastructure projects in Trincomalee and fast-tracking negotiations for an upgraded free trade agreement — the Economic and Technical Cooperation Agreement (ETCA)

Trincomalee oil storage

  • Oil union workers in Colombo went on a strike against the planned MoU with India for 84 tanks in the Trincomalee upper oil tank farm, of which Sri Lanka is keen to retain at least 10 for use by the Ceylon Petroleum Corporation
  • Strike was called off after day long talks

FTA

Upgraded Free Trade Agreement (FTA) of 2000 to include services, investment and technological trade, which has also faced opposition from political parties as well as some businessmen

[8] Boots on the ground alone won’t help

The Hindu

Context

Experts say that rather than just a security-centric approach, a coherent policy is required to quell unrest

What has happened?

Security experts are calling upon the government to come up with a cohesive response to internal security challenges, against the backdrop of the deadly attack on CRPF personnel in Chhattisgarh and unprecedented scenes of protests in Kashmir

Narrow approach

  • We are looking at these internal problems — LWE [left-wing extremism] or Jammu and Kashmir — with a very narrow security-centric approach like how many terrorists killed
  • CRPF, India’s key counter insurgency force against Maoists and a key presence in Kashmir, have gone without a a full-time Director-General for two months speaks volumes about the government
  • A whole government approach is required like reaching out, development, and political moves
  • In the case of naxal areas, intelligence and equipment for paramilitary forces need to be urgently stepped up

Editorial/OPINION

[1] A call for reform

The Hindu

Context

The IMF could turn irrelevant unless it reforms to keep up with rival global institutions

What has happened?

  • The IMF could turn irrelevant unless it reforms to keep up with rival global institutions
  • Indian Finance Minister has demanded reforms to the International Monetary Fund’s controversial quota system, shedding light on the problems facing the Bretton Woods institution in today’s global economy
  • Quotas determine the size of contingency funds at the disposal of the IMF to lend to countries in need of help, as well as the power of individual countries to influence lending decisions and tap into the funds themselves
  • The 15th General Review of Quotas (GRQ), the most recent attempt to revise the size and composition of the system, was to be completed by October 2017, but the deadline has now been extended to 2019

Rise of the other banks

  • India is seeking $2 billion from the New Development Bank, set up by the BRICS countries in 2015 with a more equitable power structure, to fund infrastructure projects
  • The Asian Infrastructure Investment Bank, launched in 2014, could be an even bigger threat to the IMF’s influence given its larger membership, lending capacity and international reach

Conclusion

In this environment of competition, the IMF will have to do more than just superficially tinker with its asymmetric power structure and outdated quota system. Else, it could be slowly but steadily pushed into irrelevance

[2] The expanding universe of IP

The Hindu

What has happened?

  • Granting data exclusivity for clinical trials would undermine access to medicines
  • April 26 is World Intellectual Property (IP) day

Issue

  • Apart from increasing the scope of existing IP rights, there is a move to create new IP-like rights
  • A case in point is data exclusivity exclusivity over clinical trial data submitted by drug companies to the regulatory authorities for market approval, the grant of which could severely undermine access to medicines
  • The issue of whether India should offer data exclusivity — one of the key issues discussed in the RCEP (Regional Comprehensive Economic Partnership) — is tied to our understanding of what amounts to IP and whether we are obliged to protect it

Why data exclusivity?

  • A drug that comes to the market for the first time undergoes extensive preclinical and clinical trials on animals initially and human beings later before it is introduced for public use — a time-consuming and expensive process
  • Developed countries, on behalf of their pharmaceutical lobbies, seek data exclusivity in developing countries arguing that this is necessary to recognise and incentivise the efforts put in to bring a new drug to the market along with recovering the research and development costs incurred — arguments similar to those used to justify the grant of patents
  • However, such exclusivity would prevent market entry of generic versions of the drug, which could be detrimental to the larger public interest
  • With data exclusivity, a company could nevertheless gain exclusive rights over such drugs even though they are not patented
  • This is because during the period of exclusivity, regulators are barred from using the originators’ data to grant marketing approval to generics

Why Data Exclusivity not advisable?

According IP-like protection to data exclusivity is not advisable for three reasons:

First, it is an absolute protection granted without any institutional check such as opposition and revocation as available in other forms of IP and ends up as an irrevocable exclusivity to the originator

Second, the U.S. Supreme Court in Mayo v. Prometheus, 132 S. Ct. 1289 (2012) has excluded patent protection to biological correlations, terming it as an extension of natural laws. Extending IP-like protection to clinical observations — the primary objective of data exclusivity — will open a window to claim exclusivity in a subject matter traditionally excluded under patent law

Third, offering IP-like exclusivity solely on the basis of money spent in regulatory testing will set a bad precedent for other industries that may now claim an IP when there is none

Economy

[1] Merging PSU banks will help: RBI’s Patel

The Hindu

Context

This will aid in handling stressed assets problem

What has happened?

Reserve Bank of India Governor Urjit Patel has said the Indian banking system could be better off if some public sector banks are consolidated to have fewer but healthier entities, as it would help in dealing with the problem of stressed assets

Raise private capital

  • One of the things that the public sector banks need to do is to raise private capital from the market and not rely on government
  • Public sector banks have to be required to share the burden of recapitalizing
  • This will be a good way to restore some market discipline and get the banks and their shareholders to more seriously care about management decisions

 

[2] 14 States to pass GST Bill by mid-May

The Hindu

Context

Fourteen state legislatures will approve their respective State Goods and Services Tax (SGST) laws by mid-May

What has happened?

New tax regime will soften inflation, says Revenue Secretary Adhia

No Inflationary Impact

  • The new regime would not have any inflationary impact on the economy since the country would be shifting away from the multiple-level taxes that had a cascading effect
  • The GST regime would also aid in easing inflation

Essential items

All foodgrains and absolute essential items for people were likely to be exempted from GST

Therefore, GST would not have an inflationary impact

 

[3] NITI Aayog moots taxing agriculture income

The Hindu

Context

Bid to curb tax evasion by non-agricultural entities

What has happened?

Government think-tank NITI Aayog has suggested that agriculture income be brought under the purview of personal Income Tax in a bid to curb tax evasion

All agricultural income is currently exempted from Income Tax regardless of its size

While the provision is meant to protect farmers, non-agricultural entities sometimes use it to evade taxes by declaring agriculture as the source of their income

Indian Express

[1] The Sukma syndrome

Indian Express

Context

Deadly Attack killing 25 CRPF Jawans in Sukma

What has happened?

Absence of strategic clarity, over-dependence of states on Central forces, have crippled the fight against Maoists

Issues

No Director General for more than 50 Days: A disciplined force always looks up to its leader for guidance and direction, and his absence creates a sense of uncertainty in the ranks

No Clarity on Strategy: In the absence of any clear-cut guidelines or directions from the Central government, every state government has been dealing with the problem as per its own assessment of the situation. There is no coherent strategy or plan

Little help from local forces/administration:  CRPF personnel were attacked by about 300 Maoist guerrillas. Obviously, these Maoists must have been in the area for a couple of days. How did the local administration and intelligence have no scent of their presence? Such an intelligence vacuum is inexcusable

Lack of Training/Leadership: The 74 Battalion personnel also seem to have made serious tactical mistakes. It appears they were having lunch together and huddled in one place. This explains the heavy casualties suffered by them

No Room for complacency:  There has been a significant drop in the volume of Maoist violence. This is, however, not to deny that they retain the capacity to launch lethal strikes. Besides, they have, in the past, shown enormous capacity to reorganise and reinvent

Unwilling Chattisgarh Government: There are about 10,000 vacancies in different ranks in the state police

Twenty-three sanctioned police stations have yet to be set up. And, shockingly, there are 14 police stations without any telephone link

Heavy dependence on central government: The mindset seems to be that Maoism is the government of India’s problem and, therefore, the Central forces should bear the brunt of extremist violence

Lessons from Punjab: Until the state police makes a frontal attack on the terrorists/Maoists, the battle would never be won

Conclusion

  • State governments must realise that it is their battle: They have to lead and the Central forces are to play only a supportive role. Once this transformation in mindset takes place, the tide will definitely turn
  • The security forces’ efforts will, of course, have to be supplemented by appropriate socio-economic measures to address the legitimate grievances of the tribals and draw them into the mainstream

Live Mint

[1] The absurdities of the United Nations

Live Mint

Context

In recent years, the UN, meant to render succour (assistance) to the world’s miserable, has also been delivering relief of the comic kind

What has happened?

In a most absurd decision the new countries elected to its Commission on the Status of Women would include—Saudi Arabia

Why this is laughable?

  • Electing Saudi Arabia to protect women’s rights is like making an arsonist into the town fire chief
  • The government in Riyadh requires every Saudi woman to have a male guardian who makes all critical decisions on her behalf, controlling a woman’s life from her birth until death
  • Saudi Arabia also bans women from driving cars

History of such absurd decisions

  • In 2003, Libya was elected to the chair of the UN Human Rights Commission
  • Or in 2012, when the UN’s World Tourism Organization endorsed Zimbabwe’s Robert Mugabe as a “leader for tourism

Consequences of putting Saudi Arabia on a Women’s Commission

  • No Rights for women in Saudi Arabia: It will diminish the already slim chances that Saudi women will have equal rights anytime soon
  • Sanction from the UN to such policies: Saudi Arabia may be the monarch of misogynist nations, but there are many others that will feel their policies now have some kind of sanction from the UN. Chauvinistic religious and political groups everywhere will take this as an endorsement of their retrograde world view
  • Undermine the work of the commission: It will undermine the work of the commission itself. Even if the other members are able to shun, silence, or otherwise render ineffective the Saudi representative, their collective decisions will lack credibility
  • Undermine UN: it will hurt the UN itself, by strengthening the argument of those who believe the organization is highly compromised, has lost touch with reality, and needs to have its wings (and budget) cut

Bad Timing

This is an especially bad time for the UN to draw attention to one of its follies, since the Trump administration is already looking to cut back US support—financial and non-financial. The US gives $3 billion a year, which covers 22% of the organization’s costs, and more crucially, pays for 29% of the cost of the Blue Helmets’ peacekeeping operations

 Inept UN?

The UN might argue, as it had in the past, that it has no control over the membership of most commissions, and that Saudi Arabia was voted in by secret ballot. But that will only empower its critics, who will point out that the organization is not only inept, but also impotent


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