DAILY CURRENT AFFAIRS ANALYSIS

23^rd October 2021

1. About the Public Safety Act: 

GS III

Topic – Internal Security related issues:

• Why in the News:
• Recently, after the massacre of non-natives in Jammu and Kashmir, about 700 people have been detained under the strict Public Safety Act (PSA).
• Powers of government under the Public Safety Act:
• Under this law, a person is remanded in custody to be barred from engaging in any activity that violates “state security or law enforcement”.
• It is also called the Jammu & Kashmir Public Safety Act (PSA), 1978.
• It allows the government to detain anyone over the age of 16 without trial for a period of two years.
• It allows for administrative detention for up to two years “in the event of a person committing any act in a manner which could harm the security of the State”, and administrative imprisonment for up to one year in which “any person shall in any way act improperly to the public order”.
• How is it enforced:
• It comes into operation when administrative orders are approved by the Divisional Commissioner or the District Magistrate.
• The arresting officer is not required to disclose any facts about the arrest under the PSA.
• Why is the law controversial:
• Allows detention without trial.
• No Bail Right
• It gives many reasons for arrest.
• There is no difference between small and large cases.
• Can the courts intervene:
• The only way this restraining order can be challenged is for a habeas corpus application to be made by the relatives of the detainee.
• The Supreme Court and the Supreme Court have the power to hear such appeals.
• However, if the order is revoked, there is no law that the government can pass another detention order under the PSA and re-arrest that person.
• Prelims Hot-Link:
• When and why was the Public Safety Act introduced?
• Are sections 22 and 23 of the Public Safety Act related?
• Who enforces the law?
• Source – https://indianexpress.com/article/cities/srinagar/home-minister-amit-shah-jk-visit-7586556/

2. Who are Uighurs:

GS II

Topic – International Relations:

• Why in News:
• The 43 countries have called on China in a declaration to “ensure full compliance with the law” of the Uighur Muslim community in Xinjiang.
• The declaration blamed China for a series of Uighur human rights violations, including torture, forced sterilization and disappearance.
• What were the demands under the declaration:
• China should allow quick, sensible and non-stop access to Xinjiang for independent observers, including the UN High Commissioner for Human Rights and his office.
• What is the problem:
• Reliable reports indicate that more than a million people have been unjustly detained in Xinjiang and that there is widespread human rights violation against Uighur Community’s freedom and culture.
• China Response:
• Despite many evidences, China denies mistreatment of Uyghurs.
• Who are the Uighurs:
• The Uighurs are a small Turkic group of Muslims, whose origins can be traced to Central and East Asia.
• The Uighurs speak their language, similar to Turkish, and consider themselves culturally and ethnically close to Central Asian countries.
• China sees them only as a minority and denies that it is an indigenous group.
• Currently, a large number of Uighur people live in the Xinjiang region of China.
• Many Uighurs also live in neighbouring Central Asian countries, such as Uzbekistan, Kyrgyzstan, and Kazakhstan.
• Uighur Muslims for decades have been placed under false accusations by the Chinese government for terrorism and segregation and have faced torture including persecution, forced imprisonment, intensive surveillance, surveillance and even slavery.
• Prelims Hot-Link:
• Who are the Uighurs?
• Where is Xinjiang?
• Indian states near the border of Xinjiang province.
• Source – https://www.aljazeera.com/news/2021/10/22/43-countries-criticize-china-at-un-for-repression-of-uyghurs

3. About the Singapore International Arbitration Centre:

GS II

Topic – International Relations:

• Why in News:
• Singapore-based arbitrator, SIAC, has rejected Future Retail’s request for a temporary stay on its 24,713-crore agreement with Reliance Retail, which provides greater relief to Amazon opposing the transaction.
• Results:
• The order now barred Future Group and Reliance Industries Limited from proceeding with an Rs 24,713-crore agreement signed in August for Future Retail to sell its retail, bulk, hardware and storage units to Reliance Retail and Fashionstyle.
• The parties to the SIAC agreement usually sign a contract that specifies about:
• A mediation center that regulates mediation.
• Applicable rules.
• Chair of mediation.
• In the event that Amazon and Future Group under their agreement have agreed to transfer their dispute to SIAC, Singapore may be the contractor to choose a seat / venue arbitrator.
• How is the dispute being discussed at SIAC? What process should be followed:
• Once the dispute has been referred to arbitration, a court-appointed arbitration process takes place.
• Composition: Generally, in the case of a three-member panel, both parties nominate one member for each member of the board, while a third party collects the nominees jointly or two, if they fail to agree, by the SIAC.
• Appointment of Emergency Mediator:
• The appointment of an arbitral tribunal usually takes time.
• Therefore, under SIAC rules, parties may submit to the SIAC to appoint an emergency mediator for temporary emergency assistance, as the arbitral tribunal’s appointment process continues.
• What happens if the parties do not voluntarily obey the order:
• Currently under Indian law, there is no obvious way to enforce the orders of the Emergency Arbitrator.
• However, if the parties do not voluntarily comply with the order, the emergency casee-winning party, in this case the Amazon, may appeal to the Supreme Court of India under Section 9 of the Conciliation and Mediation Act, 1996, for the same exemption as granted by the Emergency Mediator.
• Why has Singapore became a centre of international mediation:
• Foreign investors who invest in India generally want to avoid the stiffness of Indian courts.
• Foreign investors feel that Singapore is neutral in the dispute resolution process.
• Singapore itself has built up an impressive reputation as a regulatory environment nation governed by international standards and high integrity.
• This gives investors the comfort that the mediation process will be faster, more fair and just.
• According to the 2019 SIAC annual report, India has been the main user of its arbitration chair with 485 cases referred to the SIAC, followed by the Philippines with 122, China with 76 and the United States with 65.
• Does India have an international mediation centre:
• India now has its own international mediation centre located in Mumbai.
• About the Singapore International Arbitration Center (SIAC):
• It is an international non-profit mediation organization based in Singapore, which administers arbitration under its own arbitration rules and the United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules.
• Prelims Hot-Link:
• What is mediation
• About SIAC.
• Overview of the Arbitration & Conciliation Act, 1996.
• About UNCITRAL.
• Source – https://economictimes.indiatimes.com/industry/services/retail/future-amazon-set-to-mull-truce-may-go-for-out-of-court-settlement/articleshow/86954272.cms

4. General Consent provided to CBI:

GS II

Topic – Statutory and Non-Statutory Bodies:

• Why in News:
• The case was filed by the West Bengal Government against the Central Government under Article 131 of the Constitution.
• The State has challenged the CBI’s authority to register cases in the West Bengal State without State Government’s approval.
• West Bengal Government backed it by saying that it had revoked the CBI’s “general consent” back in 2018.
• West Bengal Concerns:
• The State said the CBI’s actions were a direct attack on the federal structure and aimed at harassing Trinamool Congress leaders in the State.
• Reply from Center:
• State governments do not have the “absolute” power to keep the Central Bureau of Investigation (CBI) away from investigating crime within the State.
• Even the “Union government”, has the authority to undermine the independence of the CBI to investigate.
• In addition, the CBI was empowered to investigate cases relating to any of the subjects in Central list including the concurrent list as well.
• Why is state government’s permission required:
• The CBI is governed by the Delhi Special Police Establishment Act which makes it mandatory for the state government to provide a general consent to CBI to let it conduct an investigation in that state.
• Does the denial of general consent mean that the CBI will no longer be able to investigate any case:
• No, the CBI will still have the power to investigate old registered cases where general consent is available.
• Also, cases registered elsewhere in the country, but involving people residing in the states who have revoked the permit, may allow the CBI’s power to extend to these states.
• Prelims Hot-Link:
• About the CBI and its establishment.
• Provisions of DSPE Act.
• What is a General Consent?
• What happens when a general permit is revoked by the state governments?
• Source – https://www.tribuneindia.com/news/nation/states-power-to-withhold-consent-for-cbi-probe-not-absolute-govt-328170

5. First ever president elected in Barbados:

Prelims Specific Topic:

• Barbados has elected its first president to replace Queen Elizabeth of the United Kingdom as head of state.
• Barbados is a British colony that gained independence in 1966 and is a nation of less than 300,000 population.
• It has long maintained relations with the British monarchy.
• But the demands for full sovereignty and local leadership have increased in recent years.
• Barbados was taken over by the British in 1625.
• It has sometimes been called “Little England” because of its loyalty to British culture.
• It is an island in the eastern Caribbean to the east.

https://www.aljazeera.com/news/2021/10/21/barbados-elects-first-president-replaces-british-monarchy