UPSC Exam Current Affairs and News Analysis (06-08-2019)

Highlights |UPSC Exam Current Affairs 06-08-2019

Current Affairs and News (06-08-2019)- The following article contains all the updated events and news for IAS Preparation. Our daily IAS Current Affairs and News cover the most important topics to give precise information to the reader and IAS Aspirants.

  • Surrogacy (regulation) bill, 2019
  • Draft national resource efficiency policy
  • Resource Assistance for Colleges with Excellence (RACE)
  • Article 370
  • The Surrogacy (Regulation) Bill, 2019

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UPSC Exam Current Affairs and News Analysis (06-08-2019)


Surrogacy (regulation) bill, 2019

Part of: Mains GS- I – Society – Women issues 

In News

  • Lok Sabha has passed the Surrogacy (Regulation) Bill, 2019 that forbids business surrogacy, yet permits benevolent surrogacy.
  • Surrogacy: Surrogacy is where a lady brings forth a kid for an aiming couple with the expectation to hand over the youngster after the birth to the meaning couple.
  • Business Surrogacy: It alludes to any surrogacy course of action in which the surrogate mother is made up of her administration’s past repayment of medicinal costs.
  • Charitable Surrogacy: In this a lady volunteers to convey a pregnancy for proposed guardians without accepting any fiscal remuneration consequently. Most selfless surrogacies are between relatives or dear companions.
  • The bill accommodates establishing a National Surrogacy Board, State Surrogacy Boards, and the arrangement of suitable experts for the guideline of the training and procedure of surrogacy.
  • The offenses under the Bill incorporate endeavor or promoting business surrogacy, abusing the surrogate mother and relinquishing, misusing or repudiating a surrogate youngster

Do you know?

  • India has risen as a center for surrogacy lately with 2000 to 3000 surrogacy facilities running illicitly in the nation.
  • Business surrogacy is restricted and considered unlawful in numerous nations including New Zealand, the United Kingdom, China, South Africa, Spain, and Switzerland.

Draft national resource efficiency policy

Part of: GS Prelims and Mains GS III – Environment Conservation

In News

  • The Ministry of Environment, Forests and Climate Change has proposed a draft National Resource Efficiency Policy 2019 which means to streamline the productive utilization of these assets with the least negative effect on the condition.
  • The draft strategy comes in the setting of India expanding its material utilization to multiple times from 1.8 billion tons in 1970 to 7 billion tons in 2015.
  • Point: to limit this characteristic expense of monetary development on the indigenous habitat by changing the nation’s waste administration area into an auxiliary asset recuperation part.
  • National Resource Efficiency Authority (NREA) will be set up whose command will be creating and executing asset productive techniques for material reusing, reuse and land-filling focuses for different segments and set models for reuse of auxiliary crude materials
  • NERA would be bolstered by an Inter-Ministerial National Resource Efficiency Board to manage the perspectives basic to its usage.
  • Different measures incorporate tax breaks on reused materials, green advances to little and Medium Enterprises (SMEs) and delicate credits to build squander transfer offices, aside from setting up Material Recovery Facilities (MRF)

Do you know?

  • India’s asset extraction of 1580 tons/section of land is a lot higher than the world normal of 450 tons/section of land, while material profitability stays low.
  • The nation’s reusing rate is just around 20-25% contrasted and 70% in creating nations in Europe.

Resource Assistance for Colleges with Excellence (RACE)

Part of: GS Prelims and Mains GS II- Issue relating to Education

In News

  • Rajasthan government has propelled another advanced education model titled Resource Assistance for Colleges with Excellence.
  • This model is used for the circulation of resources and versatile resources among the administration universities at the area level to excuse the accessibility of assets.
  • The model will make a pool for the sharing of offices which will profit the schools lacking foundation.
  • The schools in need will present their prerequisites to the nodal school in the region, which will send the educators on the nomination, if necessary, and give the offices, for example, projectors, advanced libraries, hardware, and professionals.
  • RACE will offer independence to little schools and assist them with discovering answers for their issues at the neighborhood level.

(MAINS FOCUS)


JAMMU AND KASHMIR/ARTICLE 370

TOPIC: General Studies 2

  • Social Justice
  • Welfare schemes for vulnerable sections of the population by the Centre and States and the performance of these schemes; mechanisms, laws, institutions, and Bodies constituted for the protection and betterment of these vulnerable sections.

Article 370

Context 

  • Jammu and Kashmir has lost its extraordinary status and decreased to two Union Territories
  • Unique status was pulled back by conjuring a similar Article 370 which had been viewed as firewalling the self-rule of Jammu and Kashmir.  

What is the significance of Article 370?

  • The most significant component of federalism in the United States was the “minimized” between the 13 past British provinces that comprised themselves first into a confederation and afterward into a government commonwealth under the nation’s 1791 constitution.
  • India’s Supreme Court in State of West Bengal v. Association of India (1962) joined the most elevated significance to an “understanding or reduced between states” as a fundamental trait of federalism.
  • In SBI (2016), the summit court acknowledged the nearness of this smaller for Kashmir.
  • Article 370 was a fundamental feature of India’s federalism since, similar to the minimal in the United States, it represented the relationship of the Union with Jammu and Kashmir.
  • The Supreme Court has held federalism to be a piece of the essential structure of India’s Constitution
  • The first draft of Article 370 was drawn up by the Government of Jammu and Kashmir.
  • A changed form of the draft was passed in the Constituent Assembly of India on May 27, 1949. Moving the movement, N Gopalaswami Ayyangar said that if the increase was not approved by a plebiscite, “we will not disrupt the general flow of Kashmir isolating herself away from India”.
  • On October 17, 1949, Article 370 was remembered for India’s Constitution by the Constituent Assembly. A few pundits of Article 370 have contended before that Kashmir joined India in 1947 with no conditions, and Article 370 pointlessly gave it a unique status.
  • Be that as it may, the drafting of the Constitution finished on November 26, 1949 — Article 370 had been incorporated before the Constitution was received.

What did the Instrument of Accession say?

  • The Indian Independence Act, 1947, separated British India, i.e., the domains under the immediate organization of the British, into India and Pakistan.
  • The 580-odd royal expresses that had marked auxiliary unions with the British had their power reestablished to them and were given the alternatives of staying autonomous, joining the Dominion of India, or joining the Dominion of Pakistan.
  • Segment 6(a) of the Act said joining either India or Pakistan would need to be through an Instrument of Accession.
  • States could determine the terms on which they were going along with one of the new domains. Actually, along these lines, the Instrument of Accession resembled a bargain between two sovereign nations that had chosen to cooperate.
  • The proverb of pacta sunt servanda in worldwide law, which oversees agreements or arrangements between states, asks that guarantees must be regarded.
  • Monday’s Presidential Order under Article 370 is a refutation of the sacred settlement that India marked with Maharaja Hari Singh.
  • The Maharaja, the Hindu ruler of a Muslim-lion’s share state, had at first needed to remain free. He marked the Instrument of Accession on October 26, 1947, after Afridi tribesmen and Pakistan Army regulars attacked the state, and India consented to help simply after he acquiesced.
  • The Schedule attached to the Instrument of Accession gave the Indian Parliament the capacity to enact for Jammu and Kashmir on just safeguard, outer undertakings and correspondences.
  • Article 370 was a protected acknowledgment of the conditions referenced in the Instrument of Accession and mirrored the authoritative rights and commitments of the two gatherings.

But wasn’t Article 370 just a temporary provision?

  • Article 370 is the second Article of Part XXI of India’s Constitution, which is titled “Transitory, Transitional and Special Provisions”. Article 370 was brief as in the Constituent Assembly of Jammu and Kashmir was given the privilege to change/erase/hold it. The Constituent Assembly of Kashmir chose in its shrewdness to hold it.
  • The other view was that it was “brief” until a plebiscite had been held to find out the desires of the individuals of Jammu and Kashmir. In a composed answer to Parliament a year ago, the administration had said there was no proposition to expel Article 370.
  • In Kumari Vijayalakshmi Jha versus Union Of India (2017), Delhi High Court dismissed an appeal that contended that Article 370 was transitory and that its continuation was extortion on the Constitution.
  • In April 2018, the Supreme Court said that “impermanent” in the headnote, in any case, Article 370 was not transitory.
  • In Santosh Kumar (2017), the summit court said that because of recorded reasons, Jammu and Kashmir had an exceptional status.
  • The Supreme Court in SBI v Zaffar Ullah Nehru (2016) saw that the government structure of the Constitution is reflected in Part XXI. The court additionally said that J&K has exceptional status and that Article 370 was not transitory. The court alluded to Article 369 of Part XXI that explicitly makes reference to the time of five years; no time limit is referenced in Article 370. The court saw that Article 370 can’t be revoked without the simultaneousness of the Constituent Assembly of Jammu and Kashmir.
  • In Prem Nath Kaul (1959), a five-judge Bench of the Supreme Court saw that Article 370(2) shows that the continuation of the activity of forces gave on Parliament and the President by the applicable impermanent arrangements of Article 370(1) is made contingent on the last endorsement of the Constituent Assembly of Jammu and Kashmir.
  • In Sampat Prakash (1968), the zenith court chose that Article 370 could be summoned much after the disintegration of the Constituent Assembly of Jammu and Kashmir. “Article 370 has never stopped to be usable,” the five-judge Bench said.

Has Article 370 been scrapped?

  • The Constitution (Application to Jammu and Kashmir) Order, 2019, gave by President Ram Nath Kovind “in exercise of the forces gave by Clause (1) of Article 370 of the Constitution”, has not revoked Article 370.
  • While this arrangement stays in the rule book, it has been utilized to pull back the uncommon status of Jammu and Kashmir.
  • The Presidential Order has expanded all arrangements of the Indian Constitution to Jammu and Kashmir. It has likewise requested that references to the Sadr-I-Riyasat of Jammu and Kashmir will be translated as references to the Governor of the state, and “references to the Government of the said State will be interpreted as including references to the Governor of Jammu and Kashmir following up on the guidance of his Council of Ministers”.
  • This is the first occasion when that Article 370 has been utilized to alter Article 367 (which manages Interpretation) in regard to Jammu and Kashmir, and this change has then been utilized to correct Article 370 itself.

What is the status of Article 35A now?

  • Article 35A stems from Article 370 and was presented through a Presidential Order in 1954. Article 35A doesn’t show up in the primary body of the Constitution — Article 35 is trailed by Article 36 — however shows up in Appendix I. Article 35A engages the Jammu and Kashmir lawmaking body to characterize the changeless occupants of the state, and their extraordinary rights and benefits.
  • Presidential Order has broadened all arrangements of the Constitution to Jammu and Kashmir, remembering the section for Fundamental Rights.
  • Along these lines, the oppressive arrangements under Article 35A are presently unlawful. The President may likewise pull back Article 35A.

What has changed in Jammu and Kashmir?

  • The territory of Jammu and Kashmir will currently stop to exist; it will be supplanted by two new Union Territories: Jammu and Kashmir, and Ladakh. UTs have become states before; this is the first occasion when that a state has been changed over into a UT. The UT of Jammu and Kashmir will have an Assembly, as in Delhi and Puducherry.
  • Not just has Jammu and Kashmir lost its uncommon status, it has been given a status lower than that of different states. Rather than 29, India will currently have 28 states. Kashmir will never again have a Governor, rather a Lieutenant Governor like in Delhi or Puducherry.

Can the Presidential Order be challenged in the Supreme Court? On what grounds?

  • It will no doubt be tested. Notwithstanding, the Supreme Court will think about that Article 370 does, for sure, give clearing forces to the President. It may likewise take a few years for a Constitution Bench of the court to choose such a test.
  • The potential grounds of challenge could incorporate the contention that the transformation of Jammu and Kashmir into a Union Territory is infringing upon Article 3, as the Bill was not alluded by the President to the state Assembly. Likewise, can the Constituent Assembly mean Legislative Assembly? Are the Governor and the state government one and the same?
  • The sacred importance of Instrument of Accession will likewise be analyzed by the court. Regardless of whether Article 370 was a piece of the essential structure will probably be considered. The utilization of Article 367 in altering Article 370 will likewise be analyzed.

How would the status of J&K as a Union Territory (and Ladakh too as a non-legislature UT) affect the governance of these States?

  • There are two models – Puducherry and the National Capital Territory of Delhi – which can control the proposed Legislative Assembly of Jammu and Kashmir on turning into a Union Territory.
  • While the previous is by all accounts having no limitation concerning encircling laws on police, open request and land, the last is explicitly banned from making laws on the three subjects.
  • It was through an empowering arrangement – 239 A – that the Puducherry governing body was shaped, though, on account of Delhi, the arrangement – 239AA – explains the forms of forces of the lawmaking body and board of priests.
  • In regard to Ladakh, where there is no Legislative Assembly, the job of the Administrator or Lt. Representative will be more noteworthy than that of Jammu and Kashmir. His wellspring of power is the President.

Conclusion:

  • Article 370 is the bedrock of the sacred connection among Jammu and Kashmir and the remainder of India.
  • It has been depicted as a passage through which the Constitution is applied to J&K.
  • India has utilized Article 370, at any rate, multiple times to expand arrangements of the Indian Constitution to J&K. This is the main route through which, by insignificant Presidential Orders, India has nearly invalidated the impact of J&K’s exceptional status
  • In this manner, the movie will undoubtedly significantly affect the demography, culture, and governmental issues of J&K.

Connecting the dots:

  1. Talk about the historical backdrop of Article 370?
  2. Savagery, fear-mongering, and killings are never the appropriate response – be it on any side. What do you think?
  3. Talk about the government’s technique towards taking care of the Kashmir issue. 

WOMEN/ HEALTH

Topic: General studies paper 2

  • Issues relating to the development and management of Social Sector/Services relating to Health, Education, Human Resources.
  • Government policies and interventions for development in various sectors and issues arising out of their design and implementation.

The Surrogacy (Regulation) Bill, 2019

CONTEXT:

  • The Surrogacy (Regulation) Bill, 2019 was introduced by the Minister of Health and Family Welfare,
  • The Bill defines surrogacy as a practice where a woman gives birth to a child for an intending couple with the intention to hand over the child after birth to the intending couple.

Regulation of surrogacy: 

  • The Bill prohibits commercial surrogacy but allows altruistic surrogacy.  
  • Altruistic surrogacy involves no monetary compensation to the surrogate mother other than the medical expenses and insurance coverage during the pregnancy.
  • Commercial surrogacy includes surrogacy or its related procedures undertaken for a monetary benefit or reward (in cash or kind) exceeding the basic medical expenses and insurance coverage.

Purposes for which surrogacy is permitted:

 Surrogacy is permitted when it is: 

  • For intending couples who suffer from proven infertility
  • Altruistic
  • Not for commercial purposes
  • Not for producing children for sale, prostitution or other forms of exploitation; and 
  • For any condition or disease specified through regulations.

Eligibility criteria for intending couple

The intending couple should have a ‘certificate of essentiality’ and a ‘certificate of eligibility’ issued by the appropriate authority. 

An endorsement of centrality will be an endless supply of the accompanying conditions:

  • An authentication of demonstrated fruitlessness of one of the two individuals from the planning couple from a District Medical Board
  • A request for parentage and guardianship of the surrogate kid passed by a Magistrate’s court; and
  • Protection inclusion for a time of 16 months covering baby blues conveyance inconveniences for the surrogate.

The testament of qualification to the aiming couple is endless supply of the accompanying conditions:

  • The couple being Indian residents and wedded for in any event five years
  • Between 23 to 50 years of age (spouse) and 26 to 55 years of age (husband);  
  • They don’t have any enduring kid (organic, received or surrogate); this would exclude a youngster who is rationally or physically tested or experiences dangerous issue or lethal sickness; and
  • Different conditions that might be indicated by guidelines

Eligibility criteria for surrogate mother: 

To acquire an authentication of qualification from the proper position, the surrogate mother must be:

  • A nearby relative of the expecting couple;
  • A wedded lady having her very own offspring;
  • 25 to 35 years of age;
  • A surrogate just once in her lifetime; and
  • Have a testament to medicinal and mental qualifications for surrogacy. Further, the surrogate mother can’t give her very own gametes to surrogacy.

Appropriate authority:

 The focal and state governments will designate at least one suitable specialists inside 90 days of the Bill turning into an Act.

 The elements of the suitable authority incorporate;

  • Allowing, suspending or dropping enlistment of surrogacy centers;
  • Authorizing guidelines for surrogacy centers;
  • Exploring and making a move against the break of the arrangements of the Bill;
  • Prescribing changes to the standards and guidelines

Registration of surrogacy clinics: 

  • Surrogacy centers can’t attempt surrogacy related strategies except if they are enrolled by a suitable position. Facilities must apply for enlistment inside a time of 60 days from the date of the arrangement of the fitting power.

National and State Surrogacy Boards:

The focal and the state governments will establish the National Surrogacy Board (NSB) and the State Surrogacy Boards (SSB), individually.

 Elements of the NSB incorporate,

  • Prompting the focal government on approach matters identifying with surrogacy;
  • Setting out the set of accepted rules of surrogacy centers; and
  • Managing the working of SSBs.

Parentage and abortion of surrogate child:

 A kid resulting from a surrogacy strategy will be esteemed to be the organic offspring of the planning couple. A premature birth of the surrogate kid requires the composed assent of the surrogate mother and the authorization of the proper power. This authorization must be agreeable with the Medical Termination of Pregnancy Act, 1971. Further, the surrogate mother will have an alternative to pull back from surrogacy before the incipient organism is embedded in her belly.

Offenses and penalties:

  • The offenses under the Bill include:  
  • Undertaking or publicizing business surrogacy;
  • Misusing the surrogate mother;
  • Surrendering, abusing or repudiating a surrogate youngster; and
  • Selling or bringing in human incipient organisms or gametes for surrogacy. 
  • The punishment for such offenses is detainment as long as 10 years and a fine up to 10 lakh rupees. The Bill indicates a scope of offenses and punishments for different repudiations of the arrangements of the Bill.

 Laws Governing Surrogacy in Different Countries

While nations like Britain, America, Australia, the Netherlands, and Denmark are among those where charitable surrogacy is legitimate, nations, for example, France, Germany, Italy, Spain, Portugal, and Bulgaria deny all types of surrogacy.

  • Armenia, Georgia, Kazakhstan, Russia, Ukraine permit both unselfish and business surrogacy.
  • Kenya, Malaysia, and Nigeria don’t forbid surrogacy yet have no conventional law to control the training.
  • The Czech Republic, Colombia, Chile, and Hungary are among nations with unregulated surrogacy.

In Britain

  • Business Surrogacy isn’t legitimate in the United Kingdom.
  • The surrogate is the youngster’s legitimate parent during childbirth. Legitimate parenthood can be moved by parental request or selection just once the youngster is conceived.

In the USA

  • The surrogacy laws differ from state to state.
  • Surrogacy amicable states permit both business and selfless surrogacy. Arkansas, California, New Hampshire are whatever surrogacy-accommodating states.
  • New York doesn’t permit business surrogacy and Michigan prohibits completely all surrogacy understandings.

In Canada

  • Canada’s Assisted Human Reproduction Act allows just benevolent surrogacy.
  • Surrogate moms might be repaid just for affirmed costs.
  • Be that as it may, all surrogacy game plans are illicit in Quebec in Canada.

Conclusion:

  • The Surrogacy (Regulation) Bill 2019 concretes the prohibition on business surrogacy, yet it neglects to successfully handle the bigger social, physical, mental, enthusiastic and monetary issues that keep on testing the welfare and security of both the surrogate mother and the youngster.
  • Simply the evacuation of the business perspectives in the present surrogacy courses of action doesn’t expel the odds of abuse. So the privileges of surrogate mother and youngster brought into the world should completely be detailed, alongside that ART must be directed altogether.

Connecting the dots:

  1. Talk about the arrangements and difficulties of the surrogacy guideline bill 2019.

(TEST YOUR KNOWLEDGE)


Model questions: (You can now post your answers in the comment section)

Note: 

  • Featured Comments and comments Up-voted by whataftercollege are the “correct answers”.

Q.1) Consider the following statements about Surrogacy

  1. Surrogacy is a process of fertilization where an egg is combined with sperm outside the body, in laboratory conditions
  2. Recently a bill has been passed in Lok Sabha which provides for blanket ban on Surrogacy in India

Which of the statement(s) given above is/are correct?

  1. 1 only
  2. 2 only
  3. Both 1 and 2
  4. Neither 1 nor 2

Q.2) Consider the following statements

  1. India’s resource extraction of 1580 tonnes/acre is much higher than the world average of 450 tonnes/acre, while material productivity remains low.
  2. The country’s recycling rate is just about 20-25% compared with 70% in developing countries in Europe.

Which of the statement(s) given above is/are correct?

  1. 1 only
  2. 2 only
  3. Both 1 and 2
  4. Neither 1 nor 2

Q.3) Which state has launched Resource Assistance for Colleges with Excellence (RACE) for the distribution of faculties and movable assets among the government colleges?

  1. Delhi
  2. Rajasthan
  3. Madhya Pradesh
  4. Kerala


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