General Awareness Updates – February 2010

Miscellaneous-1:

 

India has lost ‘substantial’ land to China

The area along Line of Actual Control with China has “shrunk” over a period of time and India has lost “substantial” amount of land in the last two decades, says an official report.

At a recent meeting held in Leh which was attended by officials from the Jammu and Kashmir government, Ministry of Home Affairs and the Indian Army, it was agreed that there was difference in the maps of various agencies and that there was lack of proper mapping of the area.

The meeting was chaired by Commissioner (Leh) A. K. Sahu and attended among others by Brigadier General Staff of 14 Corps Brig. Sarat Chand and Col. Inderjit Singh.

While the absence of a proper map was agreed upon, the meeting all the same felt, “[H]owever, it is clear and be accepted that we are withdrawing from LAC and our area has shrunk over a period of time. Though this process was very slow, we have lost substantial amount of land in 20-25 years.”

According to the minutes of the meeting, it was also identified that “there is a lack of institutional memory in various agencies as well as clear policy on this issue which in long run has resulted in loss of territory by India in favour of China.”

The meeting was called to ensure proper protection to nomads who move with their cattle to Dokbug area of Nyoma sector during the winter months every year. In December 2008, Chinese People’s Liberation Army (PLA) had damaged the nomads’ tents and threatened them to vacate the land.

“They (Chinese) have threatened the nomadic people who had been using Dokbug area (in Ladakh sector) for grazing for decades, in a way to snatch our land in inches. A Chinese proverb is famous in the world - better do in inches than in yards,” a report filed by former Sub Divisional Magistrate (Nyoma) Tsering Norboo had said.

Mr. Norboo was deputed by the state government to probe into the complaints of incursion of the Chinese Army in Dokbug area and of threats to the local shepherds to leave the land as it belonged to them. The area has been used by the shepherds to graze their livestock as the area is warmer compared to other parts of Ladakh.

The SDM contended that it was another attempt by the Chinese to claim the territory as disputed in the same fashion as they had taken Nag Tsang area opposite to Phuktse airfield in 1984, Nakung in 1991 and Lungma-Serding in 1992.

The area of Dokbug and Doley Tango was frequented by shepherds and nomads from December to March every year during which their young lambs were capable to walk. The SDM has also highlighted the fact that Army had stopped these nomads from vacating the land. The nomads were terrified by the Chinese threats.

In July 2009, Chinese troops had entered nearly 1.5 km into the Indian territory near Mount Gya, recognised as International border by India and China, and painted boulders and rocks with “China” and “Chin9” in red spray paint.

The 22,420 ft Mount Gya, also known as “fair princess of snow” by the Indian Army, is located at the tri-junction of Ladakh in Jammu and Kashmir, Spiti in Himachal Pradesh, and Tibet. Its boundary was marked during the British era and regarded as International border by the two countries.

Before this, Chinese helicopters had violated Indian air space in June 2009 along the Line of Actual Control in Chumar region and also helli-dropped some expired food.

 

CJI falls within ambit of RTI, says Delhi HC

In a landmark verdict against the Supreme Court, the Delhi High Court held that the office of the Chief Justice of India comes within the ambit of the Right to Information (RTI) law, saying judicial independence is not a judge’s privilege but a responsibility cast upon him.

The 88-page judgement is being seen as a personal setback to CJI K. G. Balakrishnan, who has been opposed to disclosure of information relating to judges under the RTI Act.

A three-judge bench comprising Chief Justice A. P. Shah and Justices Vikramjeet Sen and S. Muralidhar dismissed a plea of the Supreme Court which contended that bringing the CJI’s office within the RTI Act would “hamper” judicial independence.

“Judicial independence is not a privilege to a judge but a responsibility,” the High Court said, adding that the CJI cannot be said to have fiduciary relationship (between a trustee and a beneficiary) with other judges.

Taking a step further to bring transparency in judiciary, the bench while pronouncing the verdict in a packed courtroom, said its judges will be making their assets public within a week.

CJI has consistently been maintaining that his office does not come within the ambit of the RTI Act and the information including the declaration of assets of its judges cannot be made public under it.

The High Court had in its September 2, 2009, verdict on the controversial issue held that the CJI was a public authority and his office came within the purview of the RTI Act.

Challenging the order, the Supreme Court registry had contended that the single judge had erred in holding that the CJI’s office comes within the ambit of the transparency law and had interpreted its provisions too broadly which were “unnecessary” and “illogical”. The apex court also contended that judges cannot be put under public scrutiny as it would hamper their functioning and independence.

“We cannot expose our judges to public scrutiny or inquiry because it would hamper their functioning and independence,” Attorney General Goolam E. Vahanvati, appearing for the apex court registry, had contended. The AG had argued that other agencies should not be allowed to interfere in the judiciary.

“Judges cannot be judged by public perception. The judiciary cannot be exposed to third party. There is no problem in having better transparency and accountability in the system but it should come from within the system,” the AG had submitted.

If CJI’s office is declared as a public authority under the RTI Act, then people would also seek information over the appointment and promotion of judges, he had said.

The apex court had pleaded that the resolution passed by its judges for declaring their assets is not binding on them as it was part of the self-regulatory mechanism for the judiciary.

“If we accept your (apex court registry) arguments (that resolution is not binding on judges), then it would have serious implication on self-regulation. It is binding and its non-observance has certain consequences,” the High Court had observed.

 

Terror, poaching deplete tiger population

The year 2009 saw the highest fall in the tigers’ population, with the count at 59 compared to those of the previous three years; with the tigers falling prey to poaching and man-animal conflicts.

The Central Government report showed 17 tiger reserves in the country under population depletion threat. Worldwide, there are around 3,000 tigers left in the wild, of which 1,411 are in India as per the latest census.

Painting a grim picture of what the future holds for tigers, the government assessment of 38 tiger reserves notes that 17 sanctuaries are in a very precarious condition and could be on the way to become like Sariska and Panna, both infamous for the loss of resident big cats.

The country is gearing up to conduct a fresh tiger census based on a more scientific method, which will include use of camera traps to identifying the felines from their stripes. Demand for their skin and bones and degradation of natural habitat due to encroachment are making the wildcat vulnerable.

A tiger can sell for around U.S.$1,500, but when its body parts are sold, the value can soar to U.S.$50,000 in view of ever-increasing demand from countries like China which uses the products for preparing traditional medicines.

Besides poaching, insurgency too poses a serious challenge as protection of the predators has become difficult in the Naxal-hit areas. This was evident in Simlipal in Orissa where Maoists attacked infrastructure facilities for forest officials.

Indiravati in Chhattisgarh, Palamau in Jharkhand, Valmiki in Bihar, Kalkakkad Mundanthurai in Tamil Nadu and Namdapha in Arunachal Pradesh continued to face tiger crisis.

To make the reserves safer for the animal, the relocation process of 1,00,000 villages continued during the year but only 3,000 of them have been shifted from the sanctuary areas. Also, the government has raised the budgetary allocation for Project Tiger to Rs.184 crore in 2009-10 from Rs.72 crore in 2008-09.

 

Bangladesh will not allow anti-India activity, gets U.S.$1 bn

Bangladesh has promised not to allow its territory to be used for terror against India as the two countries signed three agreements to jointly combat the menace while India announced a U.S.$1 billion line of credit to our eastern neighbour.

The significant line of credit offered by Prime Minister Dr. Manmohan Singh during talks with his Bangladesh counterpart Sheikh Hasina marked the highest one-time grant by India to any country. India decided to give 250MW of power to Bangladesh from the central grid while they signed a power-sharing agreement.

New Delhi sought to address Dhaka’s concerns with regard to non-tariff barriers by agreeing to remove these on more items and assured that India will not take any step on Meghalaya-based Tipaimukh dam which would hurt Bangladesh’s interests.

At the wide-ranging talks between Dr. Singh and Ms. Hasina, the two sides reached a number of decisions to revive the traditional links of connectivity, which included Akhaura-Agartala railway line.

The discussions covered the entire gamut of bilateral ties, with particular focus on terrorism, security, connectivity, trade and investment, border-related issues and sharing of water and power resources. Ms. Hasina assured Dr. Singh that her government will not allow Bangladesh to be used for terrorism directed at India, an assurance aimed at addressing New Delhi’s major concern about North East insurgents taking shelter there.

 

“Save science from bureaucracy”

Terming as “unfortunate” regression in some sectors of Indian science due to red tape and political interference, Prime Minister Dr. Manmohan Singh asked scientists to engage with government to liberate it from shackles of “bureaucratism and in-house favouritism”.

Holding that time has come to give a “new boost” to science and technology, he asked Indian scientists working abroad to return to the country to convert the “brain drain” to “brain gain”.   

Dr. Singh announced that the government was considering revision of the value of doctoral and post-doctoral fellowships as well as formulation of schemes that would cover all research scholars with some funding support.

“It is unfortunately true that red tape, political interference and lack of proper recognition of good work have all contributed to a regression in Indian science in some sectors from the days of C. V. Raman and others,” Dr. Singh said inaugurating the 97th Indian Science Congress in Thiruvananthapuram.

He said he had taken note of 2009 Nobel Laureate Venkataraman Ramakrishnan’s remarks that there was a need for greater “autonomy from red tape and local politics” for Indian scientists.

Dr. Singh said steps to improve science require not only money but change in mindset, including that of the senior faculty and university administration.

“I invite you all to explore all these issues and engage with us so that we can do what is needed to liberate Indian science from the shackles and dead weight of bureaucratism and in-house favouritism,” he told a gathering of about 5000 scientists and educationists. “Only then we can unleash the latent talent and creative energies of our scientists and engineers.”

The Prime Minister appealed to scientific institutions to introspect and to propose mechanisms for greater autonomy, including from the government, which could help to improve standards.

“We must make special efforts to encourage scientists of Indian origin currently working abroad to return to India, including coming to universities or scientific institutions for a short period. In this way we can convert the ‘brain drain’ of the past into a ‘brain gain’ for the future,” he said.

Stressing on the centrality of scientific institutions in the innovation eco-system, he said, “The system must include industry, and providers of venture funds, as well as regulators who set high standards of performance for products”. Noting that the government has declared 2010-2020 as a “decade of innovation”, he said, “[We] cannot continue with business as usual as we need new solutions in many areas to achieve the goals of inclusive and sustainable growth.”

He pitched for a strong outward orientation of the innovation eco-system to stimulate innovation to find indigenous solutions for local problems.

 

Fast track trials for sex offences

Trials in all sexual offences including rape will now be completed within two months as far as possible and all victims will have the right to appeal against a court order, under new amendments to CrPC.

The amendments which came into effect in the last week of December would come as a big relief to complainants as till now only the state could file an appeal against an order.

A statement on key amendments released by the Union Ministry of Home Affairs said that victims will now be allowed to engage an advocate to assist the prosecution.

It also prescribes that the statement of a victim of rape shall be recorded at her residence and as far as practicable, by a woman police officer in the presence of the victim’s parents or guardian, or a social worker. The amendments also enable recording of statements or confessions by audio-video electronic means.

It also stipulates that the trial of an offence under Sections 376 (rape) to 376D of IPC (entire section deals with sexual offences) shall, as far as possible, be completed within two months.

The amendment also incorporates a new Section 357A obliging every state government to prepare a scheme for providing funds for compensating the victim of a crime or his dependents besides providing for execution of bond by a person seeking bail pending an appeal.

The CrPC was amended in 2006 but the amended Act has not been brought into force so far. Three provisions relating to the power of a police officer to make an arrest and power of court to refuse or grant adjournments have also been put on hold.

 

China has started operation on the fastest rail link in the world with a high speed train connecting the modern cities of Guangzhou and Wuhan at an average speed of 350 kilometres an hour.

The super-high-speed train reduces the 1,069 km journey linking Guangzhou, a business hub in southern China near Hong Kong, with the capital Beijing, to a three hour ride and cuts the previous journey time by more than seven-and-a-half hours.

By comparison, the average for high-speed trains in Japan was 243 kilometres per hour while in France it was 277 kilometres per hour.

The network uses technology developed in co-operation with foreign firms such as Siemens, Bombardier and Alstom.  The work on the project began in 2005 as part of plans to expand country’s high-speed network. China unveiled its first high-speed line at the time of the Beijing Olympics in 2008.

India’s ambitious rail development programme aims at increasing the national network from the current 86,000 km to 120,000 km, making it the most extensive rail system outside the United States.