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Daily Current Affairs : 6th August 2019 : The HINDU News Analysis

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ARTICLE 370 REVOKED : Jammu & Kashmir loses its Special Status and divided into two Union Territories

According to the Jammu and Kashmir Reorganization Bill, 2019, following changes have taken place into the State :

  • Two Union Territories are to be formed out of the State of Jammu and Kashmir i.e., the Union Territory of Ladakh (Kargil and Leh districts) and Union Territory of Jammu and Kashmir (including all other districts of the former state).
  • The UT of Jammu and Kashmir will be allotted 5 Lok Sabha seats and the Legislative Assembly of Jammu and Kashmir will have 107 seats that are to be chosen through a direct election.
  • 4 Sitting Rajya Sabha members of the State will become Member of Parliament of UT of J&K.\
  • There would be One Lok Sabha seat for the UT of Ladakh and the 24 seats in the Pakistan-occupied-Kashmir will be vacant.
  • Both the Union Territories are supposed to have Lieutenant Governor, for now the Governor of State will continue as both.

New Higher Education Model launched by Rajasthan

The new Higher Education Model has been launched for the distribution of faculties and movable assets among the govt. colleges at the district level in order to rationalize the availability of the resources.

In other words, the model will create a pool for sharing of facilities which will benefit the colleges which are lacking the basic infrastructure for higher education.

The college who are in need will submit an application to the nodal college in the district which will send the teachers on deputation, if needed and will provide facilities such as projectors, digital libraries, equipments and technicians.

Rajasthan Protection from Lynching Bill, 2019

The Rajasthan Assembly passed two separate Bills against mob lynching and honour killing, making stringent provisions for the punishment and penalties for these offences that were made cognizable and non-bailable

While honour killing will be punishable with death sentence, those convicted of lynching will be punished with life imprisonment and a fine of up to Rs. 5 lakh.

Rajasthan has become the second State after Manipur to have a dedicated legislation that criminalises mob lynching as a special offence. 

Bill Highlights :

  • Definition of Lynching : It defines lynching as an 'act of violence, whether spontaneous or planned, by a mob on the grounds of religion, race, caste, sex, place of birth, language, dietary practices, sexual orientation, political affiliation and ethnicity.'
  • The Bill defines the mob as a group of two or more individuals.
  • The Bill also contains provisions for the appointment of a nodal officer of the rank of Inspector-General of Police to prevent lynchings and establishment of relief camps in safe zones for the victims. 
  • Those convicted of lynching will be punished with life imprisonment and a fine of up to Rs. 5 lakh.
  • For the offence leading to the victim suffering grievous injuries, the Bill provides for jail terms up to 10 years and a fine of Rs. 25,000 to Rs. 3 lakh.
  • In cases of the victims suffering simple injuries, the Bill proposes imprisonment up to seven years and a fine up to Rs.1 lakh.
  • For hatching a conspiracy of lynching or aiding, abetting or attempting such an offence, the Bill seeks to punish the offenders in the same manner as if he actually committed the offence of lynching.
  • The Bill also enlists various other offences related to the lynching such as dissemination of offensive materials, propagation of hostile environment and obstructing legal processes, which would be punishable with jail terms varying from three to five years.
  • The Bill also stipulates the provision of compensation to victims by the State government as per the 'Rajasthan Victim Compensation Scheme.'
  • It also binds the State government to take necessary measures to rehabilitate the victims of mob lynching, suffering displacements from their native places.

Rajasthan Prohibition of Interference with the Freedom of Matrimonial Alliances in the Name of Honour and Tradition Bill, 2019

Key Highlights of the Bill 
  • The bill contains provisions for the punishment of death penalty or life imprisonment till natural death for killing a couple or either of them in the name of honour.
  • According to the Bill, 'Whoever causes the death of a couple or either of them on the basis that marriage of such couple has dishonoured, or brought disrepute to the caste, community or family shall be punished with death, or with imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and with fine which may extend to Rs 5 lakh.'
  • In case the couple or either of them is grievously injured, the punishment will be from 10 years rigorous imprisonment to imprisonment for life and with fine of maximum Rs 3 lakh, whereas in case of simple injuries, the punishment will be three to five years imprisonment with fine which may extend to Rs 2 lakh.
  • As per the provisions of the Bill, Sub Divisional Magistrate or the District Magistrate shall receive any request or information from any person or persons seeking protection from any unlawful assembly, or from any other person who is likely to or who have been objecting to any lawful marriage.
  • Further the Bill say that 'no person or group shall assemble at any time with the view or intention to deliberate on or condemn any marriage, not prohibited by law, on the basis that such marriage has dishonoured the caste or community tradition or brought disrepute to all or any of the persons forming part of the assembly or the family or the people of the locality concerned.'
    • Such gathering shall be treated unlawful and every person convening or organising such assembly, and every member, thereof, participating therein directly or indirectly shall be punishable with imprisonment for a term not less than six months, but may extend to five years and shall also be liable to fine which may extend to Rs 1 lakh.

The Transgender Persons (Protection of Rights) Bill, 2019

The Bill was passed by Lok Sabha yesterday. Some of the key highlights of the Bill includes :
  • Definition of Transgender Person
    • The Bill defines a transgender person as one 'whose gender does not match the gender assigned at birth'.
    • It includes trans-men and trans-women, persons with intersex variations, gender-queers, and persons with socio-cultural identities, such as kinnar and hijra.  
    • Intersex variations means 'a person who at birth shows variation in his or her primary sexual characteristics, external genitalia, chromosomes, or hormones from the normative standard of male or female body.'
  • Protection against discrimination
    • The Bill provides protection against the discrimination against a transgender person, including denial of service or unfair treatment in relation to : 
      • Education; 
      • Employment; 
      • Healthcare; 
      • Access to, or enjoyment of goods, facilities, opportunities available to the public; 
      • Right to movement;
      • Right to reside, rent, or otherwise occupy property; 
      • Opportunity to hold public or private office; and
      • Access to a government or private establishment in whose care or custody a transgender person is.
  • Every transgender person shall have a Right to Reside and be included in his household.
  • Provisions for the establishment of National Council for Transgender persons (NCT): 
    • The NCT will consist of: 
      • Union Minister for Social Justice (Chairperson); 
      • Minister of State for Social Justice (Vice- Chairperson); 
      • Secretary of the Ministry of Social Justice; 
      • One representative from ministries including Health, Home Affairs, and Human Resources Development.  
      • Other members include representatives of the NITI Aayog, and the National Human Rights Commission.  
      • State governments will also be represented.  
      • The Council will also have five members from the transgender community and five experts from NGOs. 
  • No government or private entity can discriminate against a transgender person in employment matters, including recruitment, and promotion.  
  • Those educational institutions which are funded or recognised by the relevant government shall provide inclusive education, sports and recreational facilities for transgender persons, without discrimination.
  • The government must provide health facilities to transgender persons including separate HIV surveillance centres, and sex reassignment surgeries.
  • A transgender person may make an application to the District Magistrate for a certificate of identity, indicating the gender as ‘transgender’.
  • Provision for the Offences : The Bill recognizes the following offences against transgender persons which may vary from 6 months to 2 years along with a fine 
    • Forced or bonded labour (excluding compulsory government service for public purposes), 
    • Denial of use of public places; 
    • Removal from household, and village; 
    • Physical, sexual, verbal, emotional or economic abuse.  

Draft e-commerce norms unveiled by the Ministry of Commerce
    • Every e-commerce entity needs to publish the name and contact details of the grievance officer on their website along with the mechanism by which the users can lodge their complaints. 
    • An e-commerce firm cannot falsely represent themselves as consumers or post reviews about goods and services in their name.
    • It proposed to make it mandatory for firms to display terms of contract with the seller relating to return, refund, exchange, warranty/guarantee, delivery/shipment, mode of payments and grievance redressal mechanism to enable consumers to make informed decisions.
    • It also proposes that once an e-commerce firm comes to know about any counterfeit product, and if the seller is unable to provide any evidence that the product is genuine, the firm needs to take down the listing and notify the consumers of the same.

  • The Timeline of the evolution of Article 370
  • Amir Khan launches Mission Shakti initiative in Maharashtra. The initiative is an effort to train athletes from tribal areas for the international events like the Olympics.
  • Surrogacy Regulation Bill 2019 passed in Lok Sabha. To know the details, Click Here

Also Read : Article 370

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