CURRENT AFFAIRS 19 SEPTEMBER 2019

DAILY CURRENT AFFAIRS 19 SEPTEMBER 2019

BY SUMIT BHARDWAJ

IMPORTANT NEWS ARTICLES

ANALYSIS

1.AYODHYA CASE(GS-1,2)

WHY IN NEWS?-SC allows Ayodhya mediation committee to resume talks .
EXPLAINED:The Ram Janmabhoomi- Babri Masjid dispute
The Ram Janmabhoomi- Babri Masjid dispute has long been accompanied by a sense of apprehension.
The dispute has been historically charged, politically divisive and communally violent, putting both the nation and the Constitution at risk.
For many years the SC had stuck to conventional methods and abdicated its role and its recent admission that traditional legal and constitutional tools are powerless in the face of faith is only an acceptance of true socio-religious ground realities of the nation.
The five judge constitutional bench therefore has referred the disputed case for mediation as in the eyes of CJI- the case is not about property, but about the mind, heart and healing-if possible.
The mediation path however has attracted a few concerns like all other attempts made at resolving the issue has.
Issue Through The Lens of Time
A section of Hindus claims that the disputed land in the present-day Ayodhya, Uttar Pradesh is the site of Rama's birthplace where the Babri Masjid once stood.
The mosque was constructed during 1528-29 by demolishing the Hindu shrine by Mir Baqi, a commander of the Mughal Emperor Babur.
The political, historical and socio-religious debate over the history and location of the Babri Mosque, and whether a previous temple was demolished or modified to create it, is known as the Ayodhya dispute.
In 1992, the demolition of Babri Masjid by Hindu nationalists triggered widespread Hindu-Muslim violence.
Since then, the archaeological excavations have indicated the presence of a temple beneath the mosque rubble, but whether the structure was a Rama shrine (or a temple at all) remains disputed.
The Judicial Path to Mediation
Despite many groups opposing a negotiated settlement, the Supreme Court has made it clear that an attempt should be made to settle the dispute by mediation.
Supreme Court has power under Section 89 of the Code of Civil Procedure (CPC) which allows the court to refer any dispute to non-adjudicatory resolution processes.
The court under section 89 of CPC has four types of well established dispute resolution methods other than litigation, namely – arbitration, conciliation, judicial settlement (including settlement through Lok Adalat), or mediation.
The Supreme Court also overruled its previous two judge’s judgment in Afcons infrastructure and Ors. v. Cherian Verkay Construction and Ors (2010), where it maintained that mediation cannot be done in a representative suit which involves public interest or the interest of large number of persons who are not represented in the court.
Supreme Court has ruled that it is free to consider and decide upon any non-adjudicatory resolution method other than arbitration such as judicial settlement or mediation.
Significance of the SC’s Decision
The decision reflects that Babri Masjid dispute is not really an explosive issue affecting the religious sentiments of millions of Hindus and Muslims as has been portrayed.
Any such portrayal can only be called only an attempt at creating political myths of various kinds at the hustings for electoral advantage.
Handful of parties claiming to represent Hindus and Muslims are not the true representative of their communities as a lot of people in the nation feel that the issue is not a life-affirming issue for the masses, who are more concerned about jobs, poverty alleviation, affordable housing, health care and education.
The decision highlights the resolve of the judiciary to solve the Ayodhya dispute which for so long has stalled the country’s socio-economic growth.
Roadblocks in the Mediation Process
One of the biggest challenges faced by mediation process is the fear of minorities is that if they give up their claim on the Babri Masjid, Hindu groups would ask for other “disputed” lands to be handed over.
The question is also over the neutrality of the mediators which is of paramount importance in any type of mediation, as a mediator is a neutral third party who facilitates a negotiated settlement between adversarial contenders.
Any bias in favour of disputants belonging to one religion is bound to create communal ripples which will only corrode litigant parties’ trust from this entire exercise.
There is a chance that any decision arrived through the mediation process might not be welcomed by one or the other parties and could foster resentment.
The mandate of mediation is also unclear; any effort at reconciling parties would mean defeat of truth, justice or due process.
An Amicable Solution
An attempt at allaying the fears of minorities by Hindu groups would not only increase the chances of solving the long standing dispute but would also serve as an example of confidence building amongst the minorities.
Supreme Court should appoint mediators who are tested of their integrity and those who are well accepted by all the parties.
The issue inherently has religious angle, and to appease these sentiments there is a larger need to address the issue of communalism, concept of citizenship and nationhood.
Any attempt at mediation should be an expression of a common hope for the better future and not a reminder of sectarian divisions.
The mediation should overcome the limitation of its framing and should arrive at a solution where no one community emerges victorious but where Indian constitutional values and democratic secular ethos reign supreme.

2.Xi-Modi meet likely to skirt Kashmir issue(GS-2)

CONTEXT:Beijing had criticised India, especially for its August 5 decision to accord Union Territory status to Ladakh, which shares a disputed border with China.
China on Tuesday signalled that the Kashmir issue is unlikely to be spotlighted during the informal summit in India between Prime Minister Narendra Modi and Chinese President Xi Jinping.
China had earlier criticised India, especially for its August 5 decision to accord Union Territory status to Ladakh, which shares a disputed border with China. Beijing had also backed Pakistan on taking the Kashmir issue to the UN Security Council, following India’s decision on August 5 to deny special status to Kashmir
On China’s Belt and Road Initiative (BRI), Ms. Hua said it is up to the Indian side to decide when and how to join the enterprise, which is gaining in popularity.
EARLIER IN NEWS-informal summit in India between Prime Minister Narendra Modi and Chinese President Xi Jinping:
The historic coastal town of Mamallapuram on the scenic East Coast Road in Tamil Nadu is expected to be the venue for the second India-China informal summit between Prime Minister Narendra Modi and Chinese President Xi Jinping, scheduled in October this year.
During the summit, besides holding talks, the leaders are likely to make a visit to the ancient monuments in the coastal town. The monuments there have been classified as a UNESCO World Heritage Site. During the first informal summit in Wuhan, the leaders had made a visit to the Hubei provincial museum.
The first informal summit between both the leaders was held in Wuhan in China during April 27-28 last year, “to exchange views on overarching issues of bilateral and global importance, and to elaborate their respective visions and priorities for national development in the context of the current and future international situation,” according to the Union External Affairs Ministry.
Mamallapuram also hosted the Defence Expo 2018 or known as Defexpo, the Union Defence Ministry’s annual event with international participation. Prime Minister Modi inaugurated the event last year
Belt and Road Initiative (BRI):
BRI consisting of the land-based belt, ‘Silk Road Economic Belt’, and ‘Maritime Silk Road’, aims to connect the East Asian economic region with the European economic circle and runs across the continents of Asia, Europe and Africa.
BRI is China’s ambitious project announced in 2013. It covers about 65% of the world population, 60% of the world GDP and over 70 countries in six economic corridors.
China is spending almost $1 trillion to revive and renew the overland and maritime trade links between China, Europe, West Asia, and East Africa through construction of modern ports linked to high-speed road and rail corridors.

Belt and Road Initiative (BRI)
India’s concerns with BRI:
India argues that the BRI and China-Pakistan Economic Corridor project violates its sovereignty because it passes through the part of the Pakistan-occupied Kashmir that belongs to India.
Debt trap: BRI projects are pushing recipient countries into indebtedness, do not transfer skills or technology and are environmentally unsustainable.
China is planning to extend the CPEC to Afghanistan. Meanwhile, Maldives, Nepal, Myanmar and Sri Lanka are eagerly pursuing potential BRI projects.
Through OBOR, China is countering the strategies of India in North East region and is promoting its greater presence in North East India, part of which China claims as its own territory. This may have a security impact on India.
Tense bilateral relations with China, deep mistrusts and India’s growing concerns over Chinese hegemonic intentions in South Asia and Indo-Pacific region make it practically unlikely that India will ever consider joining this project.
Military deployment: The fact that the Chinese have begun to deploy 30,000 security personnel to protect the projects along the CPEC route makes it an active player in the politics of the Indian sub-continent. Clearly, this is a case of double standards.

3.WEST BENGAL (PREVENTION OF LYNCHING) BILL, 2019(GS-2,3)

WHY IN NEWS?---Bengal Governor seeks clarification on Bill
WEST BENGAL (PREVENTION OF LYNCHING) BILL, 2019:
The West Bengal Legislative Assembly passed the West Bengal (Prevention of Lynching) Bill, 2019 to prevent and punish incidents of mob assaults and lynching.
About:
Nodal officers will be appointed who shall “monitor and coordinate prevention of lynching”.
It proposes a jail term from three years to life for those involved in assaulting and injuring a person.
In the event of the victim’s death, the perpetrators can be punished with death sentence or rigorous life imprisonment.
The Bill, while defining terms like “lynching” and “mob”, also says that a West Bengal Lynching Compensation Scheme may be framed under this legislation.
The bill was passed in the aftermath of a string of incidents of people getting beaten to death over rumours of cattle smuggling and child theft.
The Supreme Court’s Guidelines on Preventing Mob Lynching
The state governments shall designate a senior police officer in each district for taking measures to prevent incidents of mob violence and lynching.
The state governments shall immediately identify districts, sub-divisions and villages where instances of lynching and mob violence have been reported in the recent past.
The nodal officers shall bring to the notice of the Director General of Police (DGP) any inter-district co-ordination issues for devising a strategy to tackle lynching and mob violence-related issues.
It shall be the duty of every police officer to cause a mob to disperse, which, in his opinion, has a tendency to cause violence in the disguise of vigilantism or otherwise.
The Central and the state governments should broadcast on radio and television and other media platforms including the official websites that lynching and mob violence of any kind shall invite serious consequence under the law.
Curb and stop the dissemination of irresponsible and explosive messages, videos and other material on various social media platforms which have a tendency to incite mob violence. Register FIR under relevant provisions of law against persons who disseminate such messages.
State governments shall prepare a lynching/mob violence victim compensation scheme.
Ensure that there is no further harassment of the family members of the victims.
If a police officer or an officer of the district administration fails to do his/her duty, the same will be considered as an act of deliberate negligence for which an appropriate action must be taken against him/her.
MORE FACTS:
Recently, Rajasthan also passed an anti-lynching bill.
Manipur was the first state to pass a law against lynching.
In 2018, the Supreme Court had also issued guidelines to curb lynching.

4.India to alter ground handling norms to pacify U.S.(GS-2)

India to alter ground handling norms to pacify U.S

CONTEXT:India is set to amend its ground handling regulations for foreign airlines to pacify the U.S., which in a retaliatory action recently barred Air India from performing ground operations on its own at American airports.
On July 30, the U.S. Department of Transportation served an order amending Air India’s foreign air carrier permit, and barring it from performing its own ground-handling functions in the U.S., after India failed to allow U.S. airlines to “exercise their bilateral right to perform their own ground handling (to “self-handle”) at Indian airports”. Air India is the only Indian carrier that currently flies to the U.S.
The amendment will provide relief to two other countries with which India has an air services agreement on ground handling — Australia and Canada. The restriction on security functions will continue to apply to foreign airlines of other countries, the official added.
Section 3(2) of the ground handling regulations states that a foreign airline may undertake passenger and baggage handling activities before the passenger security hold area at an airport terminal, but prohibits them from carrying out a list of 60 security functions in ground operations that include loading and unloading of baggage, emplaning and deplaning passengers, fuelling and the cleaning of aircraft.
India earned U.S. ire as the regulations, which were amended in 2017 and notified again in 2018, were at variance with the India-U.S. air services agreement of 2005, which allowed the two countries’ airlines to perform their own ground handling in the territory of the other party.
What is ground handling at airport?
In aviation, aircraft ground handling defines the servicing of an aircraft while it is on the ground and (usually) parked at a terminal gate of an airport.
What is ground handling agency?
Ground handlers, also known as ground handling staff, are employees of airline companies or airports who load and unload baggage and freight, as well as perform various odd jobs to prepare planes for flight.

5.AIRSPACE(GS-2)

WHY IN NEWS?>---Pakistan not to allow use of airspace by Modi’s flight.
India asks it to reflect upon violation of international norm
Airspace is the portion of the atmosphere controlled by a country above its territory, including its territorial waters or, more generally, any specific three-dimensional portion of the atmosphere. It is not the same as aerospace, which is the general term for Earth's atmosphere and the outer space in its vicinity
Chicago convention:
Convention on International Civil Aviation (also known as Chicago Convention), was signed on 7 December 1944 by 52 States.
Pending ratification of the Convention by 26 States, the Provisional International Civil Aviation Organization (PICAO) was established.
It functioned from 6 June 1945 until 4 April 1947. By 5 March 1947 the 26th ratification was received. ICAO came into being on 4 April 1947. In October of the same year, ICAO became a specialized agency of the United Nations linked to Economic and Social Council (ECOSOC).
The Convention establishes rules of airspace, aircraft registration and safety, and details the rights of the signatories in relation to air travel. The Convention also exempts air fuels in transit from (double) taxation.

6.Trump announces new national security adviser(GS-2)

CONTEXT:President Donald Trump named Robert O'Brien, the US hostage negotiator, as his new national security adviser. The announcement comes a week after Trump fired John Bolton, citing disagreements on several issues.(CNN)
National Security Advisor (United States):
The Assistant to the President for National Security Affairs (APNSA), commonly referred to as the National Security Advisor (NSA) or at times informally termed the NSC Advisor,is a senior aide in the Executive Office of the President, based at the West Wing of the White House, who serves as the chief in-house advisor to the President of the United States on national security issues. The National Security Advisor is appointed by the President and does not require confirmation by the Senate, but an appointment of a three or four-star general to the role requires Senate reconfirmation of military rank.
The National Security Advisor participates in meetings of the National Security Council (NSC) and usually chairs meetings of the Principals Committee of the NSC with the Secretary of State and Secretary of Defense (the meetings not attended by the President). The National Security Advisor is supported by NSC staff who produce research and briefings for the National Security Advisor to review and present, either to the National Security Council or directly to the President.

7.NBFC (GS-3)

WHY IN NEWS?>..NBFC loan pricing under RBI lens
NBFC:
NBFCs or Non Banking Financial Companies are those companies which provide banking services without meeting the legal definition of a bank. A NBFC is incorporated under the Companies Act, 1956 and desirous of commencing business of non-banking financial institution as defined under Section 45 I(a) of the RBI Act, 1934. The NBFCs do the business of loans and advances, acquisition of shares, stock, bonds, debentures, securities issued by Government. They also deal in other securities of like marketable nature, leasing, hire-purchase, insurance business, chit business. However, the companies cannot be NBFCs if their primary business is related to agriculture activity, industrial activity, sale/purchase/construction of immovable property. Usually, the 50-50 test is used as an anchor to register an NBFC with RBI. 50-50 Test means that the companies at least 50% assets are financial assets and its income from financial assets is more than 50% of the gross income.
Is it necessary that every NBFC should be registered with RBI?
In terms of Section 45-IA of the RBI Act, 1934, no Non-banking Financial company can commence or carry on business of a non-banking financial institution without a) obtaining a certificate of registration from the Bank and without having a Net Owned Funds of RS 25 lakhs (RS Two crore since April 1999). However, in terms of the powers given to the Bank, to obviate dual regulation, certain categories of NBFCs which are regulated by other regulators are exempted from the requirement of registration with RBI viz. Venture Capital Fund/Merchant Banking companies/Stock broking companies registered with SEBI, Insurance Company holding a valid Certificate of Registration issued by IRDA, Nidhi companies as notified under Section 620A of the Companies Act, 1956, Chit companies as defined in clause (b) of Section 2 of the Chit Funds Act, 1982,Housing Finance Companies regulated by National Housing Bank, Stock Exchange or a Mutual Benefit company
What are the requirements for registration with RBI?
A company incorporated under the Companies Act, 1956 and desirous of commencing business of non-banking financial institution as defined under Section 45 I(a) of the RBI Act, 1934 should comply with the following:
i. it should be a company registered under Section 3 of the companies Act, 1956
ii. It should have a minimum net owned fund of RS 200 lakh. (The minimum net owned fund (NOF) required for specialized NBFCs like NBFC-MFIs, NBFC-Factors, CICs is indicated separately in the FAQs on specialized NBFCs)
What is the procedure for application to the Reserve Bank for Registration?
The applicant company is required to apply online and submit a physical copy of the application along with the necessary documents to the Regional Office of the Reserve Bank of India. The application can be submitted online by accessing RBI’s secured website https://cosmos.rbi.org.in . At this stage, the applicant company will not need to log on to the COSMOS application and hence user ids are not required. The company can click on “CLICK” for Company Registration on the login page of the COSMOS Application. A window showing the Excel application form available for download would be displayed. The company can then download suitable application form (i.e. NBFC or SC/RC) from the above website, key in the data and upload the application form. The company may note to indicate the correct name of the Regional Office in the field “C-8” of the “Annex-I dentification Particulars” in the Excel application form. The company would then get a Company Application Reference Number for the CoR application filed on-line. Thereafter, the company has to submit the hard copy of the application form (indicating the online Company Application Reference Number, along with the supporting documents, to the concerned Regional Office. The company can then check the status of the application from the above mentioned secure address, by keying in the acknowledgement number.