News & Editorial Analysis 27 January 2023
The Hindu News Analysis
1 – National Commission For Protection Of Child Rights (NCPCR)
GS II Topic Statutory and Non-Statutory Bodies
About the NCPCR:
The Commission for the Protection of Child Rights Act of 2005 was established in March 2007.
It operates under the Ministry of Women and Child Development’s administrative supervision.
A child is described as a person who is between the ages of 0 and 18.
The mandate of the Commission is to ensure that all laws, policies, programs, and administrative mechanisms are consistent with the Child Rights perspective as embodied in the Indian Constitution and the UN Convention on the Rights of the Child.
The NCPCR has the following authority under the RTE Act of 2009 to:
Inquire into any reports of legal violations.
Subpoena a person and demand proof.
Obtain a magisterial investigation.
In the High Court or Supreme Court, file a writ petition.
contact the relevant government to request that the perpetrator be prosecuted.
Recommend that individuals who have been affected receive interim relief.
Composition of NCLAT:
There is a chairperson and six members on this panel, at least two of whom should be women.
They are all nominated by the central government for a three-year term.
The Chairman can serve in the commission until he is 65 years old, and members can serve until they are 60 years old.
Committees for the Protection of Children:
Child Welfare Committees (CWCs) are to be formed by the State Government for each district, according to Section 27(1) of the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act), to exercise the powers and discharge the duties conferred on such Committees in relation to children in need of care and protection under the JJ Act, 2015.
The committees’ composition is as follows:
The Committee will be composed of a Chairperson and four additional members appointed by the State Government, one of whom must be a woman and another must be an expert on children’s issues.
Conditions for eligibility:
The Chairperson and members must be at least 35 years old and have at least seven years of experience working with children in the fields of education, health, or welfare activities, or they must be a practicing professional with a degree in child psychology, psychiatry, social work, sociology, or human development, or a retired judicial officer.
2 – National Security Guard (NSG)
GS III Topic Internal Security related issues
About the NSG:
The National Security Guard (NSG) is a counter-terrorism squad established in 1986 by an act of Parliament known as the ‘National Security Guard Act, 1986.’
The idea for such a force arose in the aftermath of Operation Blue Star (an Indian military action carried out in 1984 to remove militant religious leaders from the Golden Temple in Amritsar), the Akshardham Temple attack, and the assassination of former Prime Minister Indira Gandhi for ‘combating terrorist activities with a view to protect states against internal disturbances.’
It is a task-oriented force that reports to the Ministry of Home Affairs and consists of two complimentary elements:
Composition of NSG:
The Special Action Group (SAG), which is made up entirely of Army troops, is the NSG’s main offensive or striking wing.
Personnel from the Central Armed Police Forces/State Police Forces make up Special Ranger Groups (SRG). They are usually in charge of VIP security.
The Minister of Home Affairs selects and appoints the head of the NSG, known as the Director General (DG).
Objectives of NSG:
It has always adhered to the motto ‘Sarvatra, Sarvottam, Suraksha,’ with a concentration on its primary idea of quick strike and fast withdrawal from the battlefield.
As a Federal Contingency Force, the National Security Guard has been tasked with dealing with all aspects of terrorism in any section of the country.
The NSG is equipped to carry out counter-terrorist operations on land, sea, and air, as well as bomb disposal (searching for, detecting, and neutralizing IEDs), Post-Blast Investigation (PBI), and hostage rescue missions.
Because of their black uniforms and black cat insignia, NSG members are frequently referred to as Black Cat Commandos in the media.
Operations carried out by NSG:
Operation Black Thunder is a military operation that takes place in the United (Golden Temple, Amritsar, 1986 & 1988)
Operation Ashwamedh is a military operation that takes place in India (Indian Airlines Flight-IC427 hijacking, India, 1993)
Vajra Shakti or Operation Thunderbolt (Akshardham Temple attack, Gujarat, 2002)
Black Tornado is a military operation that takes place in the United States (Mumbai Blasts, 2008)
3 – NCLAT:
Prelims Specific Topic
The Companies Act of 2013 was used to form the company.
It hears appeals from the following orders:
The National Creditors’ Litigation Tribunal (NCLT) was established in 2016 under Section 61 of the Insolvency and Bankruptcy Code (IBC).
Sections 202 and 211 of the Insolvency and Bankruptcy Code (IBC) are used by the Insolvency and Bankruptcy Board of India.
India’s Competition Commission (CCI).
After consultation with the Chief Justice of India, the President of the Tribunal, as well as the chairperson and judicial members of the Appellate Tribunal, will be chosen.
The Tribunal Members and Technical Members will be nominated based on the recommendations of a Selection Committee that includes:
Chairman: Chief Justice of India or his nominee.
Member: a senior Supreme Court judge or a Chief Justice of the High Court.
Member of the Ministry of Corporate Affairs’ Secretariat.
Member of the Ministry of Law and Justice’s Secretary.
Member of the Ministry of Finance’s Department of Financial Services Secretary.
Chairperson — Must be or have been a Supreme Court judge or the Chief Justice of the High Court.
Judicial Member – Is or has been a High Court judge or a judicial member of a tribunal for at least 5 years.
Technical member– A person of demonstrated skill, honesty, and standing who has at least 25 years of special knowledge and expertise (in specified areas).
The chairperson and members have a 5-year term of office and can be reappointed for another 5-year term.
4 – Purchasing Managers Index (PMI)
Prelims Specific Topic
What exactly is a PMI:
The Purchasing Managers’ Index (PMI) is a measure of business activity in the manufacturing and service industries.
It is a survey-based measure that inquires about changes in respondents’ perceptions of important business variables from the previous month.
It is calculated individually for the manufacturing and service sectors before being combined to form a composite index.
How is PMI calculated:
A set of qualitative questions are used to calculate the PMI. Executives from a large sample of companies (hundreds) are asked to judge whether key indicators such as output, new orders, business forecasts, and employment were greater than the previous month.
What is the best way to read the PMI:
A number greater than 50 indicates that company activity is increasing. Anything less than 50 indicates a contraction.
The larger the deviation from the midpoint, the more the expansion or contraction.
Comparing the PMI to the previous month’s data can also be used to determine the rate of expansion.
If the number is higher than the previous month’s, the economy is growing more quickly.
It is expanding at a slower rate if it is lower than the prior month.
What are the economic ramifications:
The PMI is normally released at the beginning of each month, well ahead of the majority of official data on industrial output, manufacturing, and GDP growth.
As a result, it is regarded as a good leading predictor of economic activity.
Economists regard the PMI’s measurement of manufacturing growth as a solid predictor of industrial production, for which official numbers will be issued later.
Many countries’ central banks use the index to help them make interest rate decisions.
What does this entail in terms of the financial markets:
The PMI is also used to predict corporate earnings and is actively monitored by investors and bond markets.
A good reading improves an economy’s appeal in comparison to a competitive economy.
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The Hindu Editorial Analysis
Contesting The Hegemony Of The Dollar
In polycentric global geoeconomics, there are clear tendencies that lend credence to the notion that the multipolar international order is rapidly taking shape. Trade plays a crucial role in the Global South:
The trading of currencies:
Using national currencies for business To avoid utilising the dollar in oil and gas transactions, measures are being made.
The promotion of such agreements by regional organisations, the establishment of specific accounts for the internationalisation of national currencies, and the development of systems for financial communication.
Is this kind of multipolarity ever-present? Is it possible to challenge the dollar’s hegemony?
Diversifying the economy:
Non-Western countries claim they function in a multipolar system and are developing systems for alternative currency transactions in order to reduce risks and their reliance on the dollar. Since trade wars against it started in 2018, China has been travelling along this path. The Russia-Ukraine war has intensified this tendency because Russia trades oil and other commodities in rubles and national currencies, similar to the rupee-rouble trading of earlier years.
The steady but erratic rise of the “emerging economies” is the basis for economic variety. For instance, China, India, Russia, South Africa, Indonesia, Brazil, Iran, and Turkey all have GDPs that are greater than the total GDP of the G7.
Asian intra-regional consumption is the main driver of the high levels of commerce between Asian countries. India does more business with Asia than the West. China’s trade with Asian countries has increased more than twice as much in recent years, exceeding its trade with the West.
The UAE, Iran, Turkey, Indonesia, Sri Lanka, Myanmar, Thailand, Malaysia, and Sri Lanka all conduct business with regional partners using local currencies. Between ASEAN countries, China, Japan, and South Korea, bilateral currency trades are worth $380 billion and rising. The South African rand is also used by a few other African countries. The countries of Latin America are working to increase regional trade.
Internationalization of rupees:
Emerging economies have started conducting business in their own national currencies because of the high dollar exchange rates. The local currency swap lines held by Asian central banks total more than $400 billion and are used for cross-border trading.
Since 2019, India has been paying Russia off-the-record for certain imports of petroleum, minerals, and defence technology. It has arranged local currency trading with the United Arab Emirates, Japan, Turkey, Korea, and South Asian countries.
In an effort to internationalise the rupee, the Reserve Bank of India (RBI) proposed a rupee settlement mechanism for cross-border trading in July 2022 by allowing special vostro accounts in particular Indian banks. The RBI has granted permission for the opening of nine special vostro accounts in two Indian banks for the purpose of settling rupee payments for trade between India and Russia (UCO Bank and IndusInd Bank). The two largest banks in Russia, Sberbank and VTB Bank, are the first foreign lenders to receive RBI approval for rupee settlement of global trade transactions.
A Nostro account is one that a bank maintains in another bank. Funds from customers’ accounts at other financial institutions can be deposited into the bank’s account. This technique is typically used if a bank doesn’t have any international branches.
A Vostro account is another name for a Nostro account. It’s a checking account that lets users deposit money on behalf of other banks. Nostro and Vostro have accounts that are held in a different currency.
Vostro accounts enable domestic banks to provide access to international financial services to their customers who need them. Performing foreign exchange transactions, simplifying deposits and withdrawals, and facilitating wire transfers are just a few of the services offered for Vostro accounts. They also involve promoting global trade.
By disbursing up to 50% of its loans in the national currencies of the BRICS since 2015, the New Development Bank (NDB) has enabled trade and investment in those currencies.
Other regional organisations, such as the Eurasian Economic Union (EEU), the Shanghai Cooperation Organization (SCO), and the RCEP member countries, are setting up systems to conduct trade, investments, and settlements in national currencies.
A common payment infrastructure is being constructed, and national networks for the transmission of financial information are being linked. The petrodollar is seriously threatened by efforts to trade oil and gas outside of the dollar zone. The dollar hegemony that the US has had since the 1970s may be threatened by this measure.
The process has not yet fully taken off, despite the fact that a substantial number of oil producers, refiners, and consumers, including Russia, India, China, Venezuela, and Iran, have begun trading hydrocarbons in national currencies. India can purchase Russian crude using its vostro accounts and save up to $4 billion in foreign money each month, according to former RBI governor D. Subbarao.
There isn’t any progress toward dedollarization, despite rumours to the contrary. This is problematic since national currencies aren’t entirely convertible. Thus, despite the rise of alternate trading systems and multiple money circulation systems, the dollar still reigns supreme. If the currency is further destabilised, these countries, which have trillions of dollars in reserves, will be exposed.
US dollars account for 60% of the world’s currency, followed by euros (20%), yen (5.7%), and yuan (3%). Making an alternate system work requires a longer-term, consistent effort.
The exchange of several national currencies is growing. Trade and the purchase of food and oil in national currencies have given nations outside the West options. In the current international order, country states in the Global South are adamant about choosing their own partners.
In this setting, geopolitics and geoeconomics are mixing, and new supply chains and linkages for alternative currencies are enabling dual/multiple circulation systems. This is the structural basis of the multipolar system.
There will be multipolarity for some time to come. India will be required to function within this financial system. But in order to safeguard ourselves, we also need to adopt brand-new, alternate structures
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The Indian Express Editorial Analysis
The rules for “living wills,” which were created in the court’s 2018 ruling in Common Cause v. Union of India & Anr, which authorised passive euthanasia, were changed on Tuesday by the five-judge panel of the Supreme Court, which is chaired by Justice K M Joseph.
Definitions of euthanasia and living wills should come first.
The purposeful taking of a person’s life is known as euthanasia, which is frequently done to stop the suffering of an incurable illness or unbearable pain. Only a doctor is authorised to carry out euthanasia, which may be “active” or “passive.”
Active euthanasia includes methods like fatal injections and other active interventions that involve using drugs or outside pressure to end a person’s life. Passive euthanasia refers to withholding treatment or life support that is required to keep a terminally ill person alive.
Passive euthanasia was made legal by the Supreme Court of India in 2018, but only if the patient has a “living will,” which is a written document that specifies what should be done in the event that they are ever unable to make their own medical decisions.
If a person lacks a living will, families may apply the High Court for permission to carry out passive euthanasia.
What did the SC decide in 2018?
The Supreme Court recognised the life wishes of terminally ill patients who would go into a persistent vegetative state and created guidelines for passive euthanasia.
According to a five-judge Constitution Bench presided over by the former Chief Justice of India (CJI), Dipak Misra, the regulations would be in place until Parliament introduced legislation on this. But because there is no law on the subject, the 2018 decision stands as the last and last set of guidelines for euthanasia.
The regulations covered topics including who would execute the living will and how the medical board may provide its approval. The SC declared that an adult human being who has the mental capacity to make an educated choice has the right to refuse medical treatment, including withdrawal from life-saving technologies.
What situation existed before 2018?
In a case contesting the constitutionality of Section 309 of the IPC, which mandates up to one year in jail for suicide attempt, the Supreme Court considered it to be a “cruel and unreasonable provision” that needed to be deleted from the statute book in order to “humanise our penal laws.”
According to the court, suicide attempts have no adverse consequences on society and “cannot be judged to be against religion, morality, or public policy.” against the Indian Union, P Rathinam
Two years later, a five-judge court panel reversed the P Rathinam decision, stating that only laws may permit euthanasia and that Article 21’s right to life did not include the right to death. (1996) Gian Kaur v. Punjab State.
The SC authorised passive euthanasia for Aruna Shanbaug in 2011, a nurse who had been sexually assaulted in Mumbai in 1973 and has been in a vegetative condition ever since. The judge made a distinction between passive and active behaviour, allowing the latter under “limited circumstances.” Aruna Ramchandra Shanbaug and Others v. Union of India
The Law Commission of India previously stated in its 196th Report titled “Medical Treatment to Terminally Ill Patients (Protection of Patients and Medical Practitioners)” that “a doctor who complies with a competent patient’s request to withhold or withdraw medical treatment does not commit a professional duty and the omission to treat will not be an offence.”
It further stated that the patient’s decision to refuse medical attention did not constitute an attempt at suicide as defined by Section 309 of the IPC.
In its “241st Report For Passive Euthanasia: A Relook” from 2008, the Law Commission again recommended legislation on “passive euthanasia,” along with a draught Bill.
What has altered as a result of the SC order this past week?
The petition was submitted by a nonprofit organisation that said the 2018 living will standards were “unworkable.” Though the complete judgement has not yet been made public, the Court provided a portion of its ruling in open court.
As of 2018, a living will must be countersigned by a Judicial Magistrate of First Class and be signed by an executor (the individual requesting euthanasia) in the presence of two attesting witnesses (JMFC).
The treating physician was also required to establish a board of three qualified medical professionals with at least 20 years of experience in each of three different but related disciplines of medicine. The living will’s execution or non-execution would be decided by this board. Once the medical board gave its permission, the will had to be forwarded to the District Collector for his approval.
This challenging process will now be easier.
Both medical boards will now be established by the hospital rather than the Collector and the hospital.
Rather than 20 years of experience, doctors now just need to have five. The requirement for the Magistrate’s permission has been replaced with a communication to the Magistrate. There was no time limit specified in the prior guidelines, but the medical board must inform the public of its decision within 48 hours.
The countersignature of the Magistrate is no longer required under the 2018 guidelines; instead, a notary or gazetted officer may sign the living will in the presence of two witnesses.
In the event that the hospital’s established medical boards refuse authorization, the families can now apply to the High Court, which will put together a new medical team.
Different countries have different laws.
Euthanasia is legal in the Netherlands, Luxembourg, and Belgium for people who are suffering from “unbearable agony” that is not likely to get any better.
While assisted suicide is illegal in SWITZERLAND, it is legal if a medical expert is present.
By March 2023, Canada will legalise euthanasia and assisted suicide for those who suffer from mental illness, however the move has received harsh criticism, and the implementation date may be delayed.
The laws in the UNITED STATES vary depending on the state. Euthanasia is legal in some states, including Washington, Oregon, and Montana.
In the UK, it is illegal and regarded as manslaughter.
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