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DAILY NEWS ANALYSIS from THE HINDU 25th August 2017 By JATIN VERMA Educator Unacademy For Daily The Hindu News & Editorial analysis- Visit my Unacademy profile- www.unacademy.com/user/studiousjatin
Page-I : Privacy is a fundamental right, declares SC.[GS Mains-2: FRs] Supreme Court declared that privacy is intrinsic to life and liberty and an inherent part of the fundamental rights enshrined in the Constitution. The court held that:  privacy is a natural right that inheres in human beings because they are human. [i]The state does not bestow natural rights on citizens. [ Natural rights like privacy exist equally in all individuals, irrespective of class, strata, gender or orientation. . Privacy is the constitutional core of human dignity. Privacy ensures the fulfilment of dignity The Centre's argument: The Centre had argued against the recognition of privacy as a fundamental right. It had assured the court that privacy would be protected through parliamentary statutes. But the court retorted that statutory laws "can be made and also unmade by a simple parliamentary majority . The ruling party can, at will, do away with any or all of the protections contained in the statutes. Fundamental rights are rights citizens may enjoy despite the governments they elect.
. The court chided the Centre for describing right to privacy as an "elitist construct." Attorney-General had argued that privacy was the concern of a few, while schemes like Aadhaar, which require citizens to part with their biometric details to the state, reduce corruption and benefit millions of poor. . The refrain that the poor need no civil and political rights and are concerned only with economic well-being has been utilised through history to wreak the most egregious violations of human rights. It is privacy, as an intrinsic and core feature of life and personal liberty, which enables It is the right to question, scrutinise, dissent which enables an informed citizenry to scrutinise However, the court held that privacy is not an absolute right. But a person can challenge this law in any of the constitutional courts of the land the individuals to stand up against a programme of forced sterilisation the actions of government. The government can introduce a law which "intrudes" into privacy for public and legitimate state reasons. Supreme Court or the State High Courts for violation of his fundamental right to privacy.
Page-10:Worried SC calls for robust data protection regime(GS-2&3:Technology & FRI The Supreme Court urged the government to put in place a robust mechanism for data protection. Noting that informational privacy is a facet of the right to privacy, a nine-judge Bench, led by Chief Justice of India said dangers to personal data originate not only from the government but also from private players. Legitimate aims of state: [iJThe court observed that the creation of a regime requires careful and sensitive balance between individual interest and legitimate concerns of the state [ii] The legitimate aims of the state would include for instance -protecting national security, -preventing and investigating crime, -encouraging innovation and the spread of knowledge and -preventing the dissipation of social welfare benefits The court said the introduction of a "carefully structured" data protection regime and its contours were matters policy matters to be considered by the Centre. . The court also took note of the Centre's move to constitute a committee of experts led by former Supreme Court judge, Justice B.N. Srikrishna to identify"key data protection issues" and suggest a draft Data Protection Bill
The government has already indicated in the court that the committee would be framing a data protection Bill similar to the "technology-neutral" draft Privacy Bill submitted by an earlier expert committee led by former Delhi High Court Chief Justice A.P. Shah to the Planning Commission of India in 2012.No steps were taken on the recommendations of the Justice Shah Committee. Primary Judgement With the S.C.judgement on Privacy, the court has overruled its own eight-judge Bench and six-judge Bench judgments of M.P. Sharma and Kharak Singh delivered in 1954 and 1962,respectively, that privacy is not protected constitutionally The judgment, if it declares privacy as a fundamental right, would finally reconcile Indian laws with the spirit of Article 12 of the Universal Declaration of Human Rights, 1948 and Article 17 of the International Covenant on Civil and Political Rights (ICCPR), 1966, which legally protects persons against the "arbitrary interference" with one's privacy. Constitutional firewall Fundamental rights are the only constitutional firewall to prevent state's interference with those core freedoms constituting liberty of a human being. The right to privacy is certainly one of the core freedoms, which is to be defended. It is part of liberty within the meaning of that expression in Article 21 . Justice said the "first and natural home for a right of privacy is in Article 21.
Page-I 0: SC rips apart its 2014 ruling on Section 377, [GS-1 & 2:SOCIETY & FRI 2014 verdict pandered to a "majoritarian" view,says nine-judge bench The nine-judge Bench of the Supreme Court ripped apart its own judgment of 2014 upholding Section 377 of the Indian Penal Code, which criminalises consensual sexual acts of adults in private. The Bench observed that the chilling effect of Section 377 "poses a grave danger to the unhindered fulfilment of one's sexual orientation,as an element of privacy and dignity." In separate judgments, the Constitution Bench, led by Chief Justice of India J.s. Khehar, concluded that the 2014 verdict by a two-judge Bench of the apex court pandered to a "majoritarian" view to deny the LGBT community their inherent fundamental rights of life, personal liberty, equality and gender discrimination Section 377 of Indian Penal Code was struck down by the Delhi High Court in July 2009.However, over-ruling this judgment, the Supreme Court upheld Section 377 IPC in what is popularly referred to as the Kaushal judgment, . 2014 judgment:_The 2014 judgment's view that "a miniscule fraction of the country's population constitutes lesbians, gays, bisexuals or transgenders" was not a sustainable basis to deny the right to privacy.
Page-6: The return of the Irrawaddy dolphin. [GS-3: Environment] . The first sighting of the endangered Irrawaddy dolphins in the Rambha sector of Chilika lake in . Chilika had registered a marginal drop in population of Irrawaddy dolphins from 144 in 2015 to .Authority's move: three decades has brought much cheer to nature lovers. 134 this year. Dolphins are usually seen in Satapada sector of the lake. The rare sighting of the endangered mammal is a result of the Chilika Development Authority's (CDA) removing illegal prawn enclosures from the vast lake waters leading to unhindered movement of the dolphins. .We have almost completed the eviction of enclosures under Ganjam district. The heartening aspect of the drive is that locals have seen four dolphins in Rambha for the first time since the late 1980s. Why did Irrawady Dolphins stop coming to the lake in thie first place? The dolphins did not have free movement due to the presence of prawn enclosures. Their prey base had also been squeezed. Unregulated boating: Dolphins had been under stress in Chilika due to unregulated boating by tourists.
. Steps taken: -> In a massive eviction drive, the CDA cleared almost 4,000 hectare of encroachment from the Ganjam district portion of the lake alone. Substantial enclosures detected in the lake at Khordha district jurisdiction were also weeded out. Satellite imageries found 14,590 hectare of the lagoon under manmade gheres (enclosures) for illegal prawn. Background: -Chilika is the natural abode of the highly endangered Irrawaddy dolphin ( Orcaella brevirostris). -The total population of these animals in the world is estimated to be less than 7,500. -Of these, the highest (6,400)was reported from Bangladesh. -The population in Chilika is considered to be the highest single lagoonal population -Rambha is the ideal sector for dolphins to play, flock and mate because of the stillness of the water in the bay area -Rambha sector is one of extreme ends of Chilika. If the dolphins can travel up to Rambha, their habitat will only get better in the coming days.
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Page-10:SC overrules Emergency-era habeas corpus verdict.[GS-2: Polity & Gov.] . Over 40 years after the Supreme Court's darkest hour when it said citizens have no right to life and liberty during the Emergency period, a nine-judge Bench condemned the decision in the infamous ADM Jabalpur case, or better known as the habeas corpus case, as "seriously flawed." . The habeas corpus judgment in 1976 upheld the government's move to unlawfully detain citizens, including political rivals, during the Emergency years. Cost of dissent: Of the five judges on that Bench, only Justice H.R. Khanna dissented with the majority opinion of then CJl A.N. Ray, Justices M.H. Beg, Y.V. Chandrachud and P.N. Bhagwati. Justice Khanna's dissent cost him the chief justiceship. He was superceded by Justice Beg following which Justice Khanna resigned. Khehar, officially condemned the Supreme Court's majority opinion in habeas corpus case. Chandrachud, "expressly overruled" the 1976 majority judgment and removed a long-pending . For the first time in Supreme Court's history, a nine-judge Bench, led by Chief Justice of India J.S. . The judgment, authored by Justice D.Y. Chandrachud, who, incidentally, is the son of Justice YV. taint on the court's history as a people's champion . Judges held that the judgments rendered by all the four judges constituting the majority in ADM Jabalpur are seriously flawed. Life and personal liberty are inalienable to human existence
Page-ll: On Doklam, Nepal walks a tightrope.[G.S-2: International] The two-month old standoff between India and China at Doklam did not feature in the official talks between visiting Nepali Prime Minister Sher Bahadur Deuba and PM Modi. Nepal PM- We have excellent relations with China and don't face problems from them. India need not have any apprehensions about that. However, under no circumstances would Nepal allow its soil to be used against India. . Referring to the strain in ties between India and Nepal in 2015, when a blockade during protests by Madhesi groups at the India Nepal border had cut essential goods and fuel supplies to Kathmandu, Indian side said these were common in "families 3 . Mr. Deuba's comments reflect the tightrope that Nepal has been attempting to walk in the past few months, especially after it joined China's Belt and Road Initiative, which India has objected to on sovereignty issues. On his last visit to India in November 2016 as head of the Nepali Congress, he had faced questions over an alleged meeting between him and the Tibetan "government in exile's'" Sikyong or leader Lobsang Sangay at a conference in Goa also organised by the India Foundation.
'Not an escalation, Mr. Mattis also played down fears, voiced by the previous White House administration under Barack Obama, that supplying weapons could escalate the situation. Defensive weapons are not provocative unless you are an aggressor and clearly Ukraine is not an aggressor since it is their own territory where the fighting is happening. 2014 Pro-Russian Unrest in Ukraine Kiev Kharkiv Luhansk Dnipropetrovsk Donetsk Mykolaiv Odessa Zaporizhia Annexed by Russia Armed insurgency Kherson Occupation of RSA Pro-Russian protest Crimea Sevastopol
Page-13: China agrees to tackle trade imbalance . China has agreed to send a high-level official team led by Commerce Minister by December-end to address the issue of growing trade imbalance with India. Chinawhich was earlier dilly-dallying on a bilateral meeting on the issue despite India's repeated requestshas now relented. . In case of a full-fledged 'trade war' China will have much to lose with its goods exports to India in 2016-17 valued at a whopping $61.3 billion against India's shipments worth just $10.2 billion to that country. . On several occasions, New Delhi had pointed out to Beijing that many Indian products, including from agricultural and pharmaceutical sectors, were facing difficulties in getting access to the Chinese market This was among the main factors widening India's goods trade deficit with China at a rapid pace from just $1.I billion in 2003-04 to a whopping $51.I billion in the last fiscal. The trade deficit was $52.7 billion in 2015-16.
New Railway Baord Chairperson calls for large-scale safety audit Newly-appointed Railway Board Chairman Ashwani Lohani has promised to undertake a large-scale audit of rail systems, end corruption and VIP culture in the Indian Railways, even as safety concerns are back into focus after a spate of train accidents. ials to communicate organisational goals with ground. level staff more effectively, in a maiden interaction with about 500 employees. . Field visits should replace Circulars
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