February 9,2010

February 9, 2010

ü  In a significant judgment having national ramifications, the Andhra Pradesh High Court on Monday struck down the four per cent reservation provided by the State government to selected sections of Muslims in education and public employment.

·         Reservation is in Indian law provides for a quota system whereby a percentage of posts are reserved in employment in Government and in the public sector units, and in all public and private educational institutions, except in the religious/ linguistic minority educational institutions, in order to mitigate backwardness of the socially and educationally backward communities and the Scheduled Castes and Tribes who do not have adequate representation in these services and institutions.

·         Reservation cannot be exceeded 50%, as per the rulings given by the Supreme Court^], but certain Indian states like Rajasthan have proposed a 68 % reservation which includes a 14% reservation for forward castes.

·         Reservations are intended to increase the social diversity in campuses and workplaces by lowering the entry criteria for certain identifiable groups that are grossly under-represented in proportion to their numbers in the general population.

·         Caste is the most used criteria to identify under-represented groups. However there are other identifiable criteria for under-representation—gender (women are underrepresented), state of domicile (North Eastern States, as Bihar and Uttar Pradesh are under-represented), rural people, etc.

·         The underlying theory is that the under-representation of the identifiable groups is a legacy of the Indian caste system.

·         Reservations in favour of Backward Classes (BCs) were introduced long before Independence in a large area, comprising the Presidency areas and the Princely States south of the Vindhyas.

·         The concept of untouchability was not practiced uniformly throughout the country; the identification of oppressed classes is not an easy task.

·         The Backward Classes movement also first gathered momentum in South India particularly in Tamil Nadu.

·         Types of Reservation

o   Caste Based

o   Management Quota

o   Religion based

o   State of Domicile

o   Based on Undergraduate Colleges

o   Job/ Previous Job Based

o   Experience Based

o   Sons of freedom fighters/NRIs/Celebrities/Armed Forces/Inter caste marriages

·         The major opposition is that the relaxation of norms proves harmful to the quality

·         Another major opposition is that the rightful persons are not getting the benefits

·         Arguments offered by supporters

o   Reservations are a political necessity in India because vast influential sections of voting population see reservations as beneficial to themselves.

o   Although Reservation schemes do undermine the quality of education but still affirmative Action schemes are in place in many countries.

o   Reservations are a means to increase representation of hitherto under-represented caste groups and thereby improve diversity on campus.

o   They are needed to provide social justice to the most marginalized and underprivileged is our duty and their human right.

·         Arguments offered by detractors

o   Caste Based Reservation only perpetuate the notion of caste in society, rather than weakening it as a factor of social consideration, as envisaged by the constitution.

o   Reservation is a tool to meet narrow political ends.

o   Poor people from "forward castes" do not have any social or economical advantage over rich people from backward caste.

o   Accusations of “ Brain Drain”

o   The policy of reservation has never been subject to a widespread social or political audit.

ü  Student stabs Rathore outside court

·         In a dramatic incident, a student, identified as Utsav Sharma, attacked Retd. DGP Rathore as he was coming out of the court

·         Rathore was repeatedly stabbed in the face by the attacker.

·         This incident brings into question the role of media in a trial

o   Trial by Media is a phrase popular in the late 20th century and early 21st century to describe the impact of television and newspaper coverage on a person's reputation by creating a widespread perception of guilt regardless of any verdict in a court of law.

o   The major debate is the question of freedom of press versus right to privacy and right to a fair trial.

o   During high publicity court cases, the media are often accused of provoking an atmosphere of public hysteria akin to a lynch mob which not only makes a fair trial nearly impossible but means that regardless of the result of the trial the accused will not be able to live the rest of their life without intense public scrutiny.

o   The counter-argument is that the mob mentality exists independently of the media which merely voices the opinions which the public already has.

o   Although a recently coined phrase, the idea that popular media can have a strong influence on the legal process goes back certainly to the advent of the printing press and probably much further.

o   Sting Operations are a type of trial by media

o   In India, trial by media has assumed significant proportions. Some famous criminal cases that would have gone unpunished but for the intervention of media are Priyadarshini Mattoo case, Jessica Lal case, Nitish Katara murder case and Bijal Joshi rape case.

o   Media circus describes a news event where the media coverage is perceived to be out of proportion to the event being covered, such as the number of reporters at the scene, the amount of news media published or broadcast, and the level of media hype.

o   Media is the forth pillar of democracy and the its widespread influence ensures that the news covered in the media is discussed everywhere.

o   The constitution specifies article 19 and grants the freedom of speech, but it is mentioned that it should not be used to hurt others sentiments.

o   One of the major problems with trial by media is that it prevents the court to conduct a free trial.

o   On legal terms, trial by media leads to scandalizing, prejudicing and hindering the administration of justice, all of which lead to contempt of court.

o   Trial by media also puts undue pressure on the judges and the lawyers involved.

o   More negatives than positives.

ü  Unrest grows in Kashmir as life remains tense following the death of two boys

·         As authorities imposed an undeclared curfew in Srinagar on Monday to foil Hurriyat Conference chairman Mirwaiz Umar Farooq’s march to the United Nations office, he shifted to the Internet to highlight the “gross human rights violations” in Kashmir.

·         What’s the problem in J&K?

o   Jammu and Kashmir is the only state in India which enjoys special autonomy under Article 370 of the Constitution of India according to which, no law enacted by the Parliament of India, except for those in the field of defence, communication and foreign policy, will be extendable in Jammu and Kashmir unless it is ratified by the state legislature of Jammu and Kashmir.

o   Jammu and Kashmir is also the only Indian state that has its own flag and constitution, and Indians from other states cannot purchase land or property in the state.

o   Since 1990, the Armed Forces Act, which gives special powers to the Indian security forces, has been enforced in Jammu and Kashmir.

o   Insurgency in Kashmir has existed in various forms, both on the Indian administrated side of the disputed territory of Jammu and Kashmir and Pakistan-administered Kashmir.

o   Thousands of lives have been lost since 1989 due to the intensified insurgency 1989, a widespread armed insurgency started in Kashmir with the disputed rigged 1987 election ;since after 1987 rigged Sate elections some of the 'states legislative assembly' 'formed militant wings' later on after the disputed rigged election and furthermore that had started a catalyst for the insurgency

o   According to official figures released in Jammu and Kashmir assembly (Indian controlled), there were 3,400 disappearance cases and the insurgency has left more than 47,000 people dead till July 2009. However, the number of insurgency-related deaths in the state has fallen sharply since the start of a slow-moving peace process between India and Pakistan.

o   Indian Government believes Mujahideen fighters from Afghanistan slowly infiltrated the region, with Pakistan's help, following the end of the Soviet-Afghan War in 1989.

o   India frequently asserts that most of the separatist militant groups are based in Pakistan and Pakistan-administered Kashmir

o   Some like the All Parties Hurriyat Conference and the Jammu and Kashmir Liberation Front, demand an independent Kashmir.

o   Problem has started in 1947 when British was diving India into two parts to separate out Muslims, who had demanded a separate homeland for themselves and the non-Muslims. 

o   Pakistan had refused to give a chance to the old princely state of Jammu and Kashmir and attacked in the guise of tribal Pathans on 20th October 1947.  The Maharaja asked India for help and joined India on 26th October 1947.  However, by that time Pakistan has already occupied about half of the Kashmir.

o   The U.N Security Council resolution of April 1948 had suggested a plebiscite for the people of Kashmir after it would be vacated by Pakistan; India would be allowed to maintain some forces to maintain the law and order.  Pakistan never vacated the area and as a result, the referendum could not happen.

o   In the current demographic characteristics, there are nine million people in the Indian Kashmir, about six millions are Muslims, the rest three millions are Hindus, Buddhists and Sikhs.  While Kashmir valley is now almost all Muslim, in Ladakh Buddhists are still in majority.  Muslims are still a minority in Jammu.  Indian part of the Kashmir is about 45 percent of the original Kingdom of the Jammu and Kashmir, about 35 percent is now in Pakistan, and China has occupied the other 20 percent in 1962.  Skardhu, Gilgit, Hunza, and Baltistan are now the Northern Area Province of Pakistan.

o   The dispute is mainly on the Indian part of Kashmir, as Pakistan wants it on the ground that Muslims are the majority of the population in that part.  India although theoretically still claims the whole of the original kingdom, it had never pressed any demands for the Pakistani and the Chinese parts seriously. 

o   In January 29, 1994, the Jammu and Kashmir Liberation Front (JKIF) leader, Amanullah Khan, speaking in Muzaffarabad, reminded Pakistan Prime Minister Benazir Bhutto that Pakistan's persistent rejection of the third option of independence for Kashmir is "tantamount to denying the very right of self-determination"

o   Role of the US is also important in this context

ü  Quota for Muslims in West Bengal

·         The Left Front government in West Bengal has stolen a march over the United Progressive Alliance government at the Centre on the implementation of the Ranganath Mishra Commission’s recommendations by deciding to reserve 10 per cent of government jobs for the economically, educationally and socially backward sections among Muslims.

·         Mr. Bhattacharjee said “the creamy layer” among the community, those whose annual income was Rs. 4.5 lakh or more would be excluded from the benefit.

·         Please refer to the earlier post to know more about reservations

ü  Government pegs GDP growth at 7.2%

·         The Government on Monday pegged economic growth at 7.2 per cent in 2009-10, which was short of the optimistic projections of the Reserve Bank of India (RBI), Prime Minister Manmohan Singh and the Finance Ministry, although it was higher than 6.7 per cent recorded a year ago.

·         According to advance Gross Domestic Product (GDP) estimates released by the Central Statistical Organisation, farm output is estimated to contract by 0.2 per cent and services to record a moderate growth. Manufacturing is estimated to grow by a robust 8.9 per cent this fiscal.

·         The estimated growth this fiscal is estimated to be driven by robust expansion of the manufacturing sector against 3.2 per cent in 2008-09. The sector had got various stimulus doses from the government in the wake of global financial crisis.

·         According to the advance estimates, mining and quarrying is likely to grow by 8.7 per cent against 1.6 per cent a year ago, while electricity, gas and water supply by 8.2 per cent (3.9 per cent). Trade, hotel, transport and communication are estimated to rise by 8.3 per cent (7.6 per cent) and construction by 6.5 per cent (5.9 per cent). However, other services like financing, insurance, real estate and business services are likely to witness fall in expansion and grow by 9.9 per cent this fiscal against 10.1 per cent last fiscal and community social and personal services by 8.2 per cent (13.9 per cent).

·         The government will get statistical advantage of revising the fiscal deficit down at 6.5 per cent of GDP than budget estimates of 6.8 per cent as the size of the economy is pegged higher at Rs.61,64,178 crore this fiscal.

·         What is GDP? How is it calculated?

o   The gross domestic product (GDP) or gross domestic income (GDI) is a basic measure of a country's overall economic output.

o   It is the market value of all final goods and services made within the borders of a country in a year.

o   It is often positively correlated with the standard of living, though its use as a stand-in for measuring the standard of living has come under increasing criticism and many countries are actively exploring alternative measures to GDP for that purpose.

o   GDP can be determined in three ways, all of which should in principle give the same result. They are the product (or output) approach, the income approach, and the expenditure approach.

o   The most direct of the three is the product approach, which sums the outputs of every class of enterprise to arrive at the total. The expenditure approach works on the principle that all of the product must be bought by somebody, therefore the value of the total product must be equal to people's total expenditures in buying things. The income approach works on the principle that the incomes of the productive factors ("producers," colloquially) must be equal to the value of their product, and determines GDP by finding the sum of all producers' incomes.

o   Example ( Expenditure method) GDP = Pvt. Consumption + Gross Investment + Govt. Spending + Exports – Imports

o   It will be good to look into Gross National Product( GNP ) also