News Juice – 23Rd June, 2021

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1. The rise of Raisi: On Iran’s new President

Relevant for GS Prelims & Mains Paper II; International Issues

the With the election of Ebrahim Raisi, a hardline cleric, as Iran’s President, thel system, Islamic effectivelyRepublic’s controlled ruling clergy by the have Supreme tightened Leader, their Presidents, grip on all who institutions run the day- of powerto-day affairs, — havemilitary, an Parliament, important role the judiciary,to play. In and the the past, presidency. the country In Iran’s had unique seen tensions politica between moderate/reformist Presidents and the Supreme Leader.

While the reformists, a powerful constituency, have pushed for gradual reforms by rallying behind leaders like Mohammad Khatami and Hassan Rouhani, the conservatives always pushed back. In this tussle for power, Mr. Raisi has been the popular face of the establishment for years. He had contested the 2017 presidential elections, but lost to Mr. Rouhani, who was seeking a second term. Believed to be close to Supreme Leader Ali Khamenei, Mr. Raisi was appointed the Chief Justice in 2019, which kept him in the top echelons of power till the presidential elections. There were allegations that the June 18 election was rigged in favour of Mr. Raisi even before the first ballot was cast. The Guardian Council, which vets potential candidates, had rejected almost all major reformists, leaving him the only prominent figure on the ballot. This led to opposition activists calling for an election boycott, which seems to have had an impact on the voting the turnout was 48.8%, an all-time low. Mr. Raisi won 62% of the vote, while blank ballots came second at 14%. —

Controversy around new Iranian President thousandsMr. Raisi isof apolitical controversial prisoners. figure. At home, The U.S.he has has presided accused over him a of harsh serving campaign in the against “death commission” of 1989 that implemented Ayatollah Khomeini’s secret decree to execute at a time when Iran is facing daunting challenges. The revolution seems to be ageing the “corruption”,country has seen which protests critics say in recent had targeted years; politicalthe push rivals. to reform And hethe assumes system thefrom presidency within, a long-time promise of the reformists, has not made much progress and the economy —is in a shambles. When Mr. Rouhani won the presidency in 2013, he promised a new beginning. But his attempts to open a new chapter with the West through diplomacy were set back by Donald Trump, and his policies at home were resisted by the conservatives. Mr. Raisi, who has supported reviving the nuclear deal, might also bank on sanctions being removed to reboot the economy. And there is growing discontent in society and desperate calls for

Mr. Raisi, as President, should understand that repression will not problems.reforms and A memberliberties. of For the now, clerical Iran’s establishment, tactical response he should to these use hischallenges clout and is the repression. election victory to push for gradual economic and political reforms. solve any of Iran’s

Source: The Hindu

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2. On ex-gratia compensation to families of COVID-19 victims

Relevant for GS Prelims & Mains Paper II; Polity & Governance

Compensation to Covid victims compensation to families of those who died of COVID-19 shows poor appreciation of the faThellout Centre’s of an unprecedentedstated position disaster. before the After Supreme initially Court asserting on paying that such a standard payments ex gratia were

Management Act for compensation, and externalising the pandemic as a global, ongoing event,beyond the the Home Government’s Ministry hasfiscal now affordability, averred that although the issue there was is thea provision manner inin whichthe Disaster funds were to be put to use.

Clearly, lack of resources would be a legless argument when the Centre is pursuing expensive redevelopment projects such as the Central Vista.

Government’s view point What the Government says it wants to do is to deploy funds in health care, enhance social protection and support economic recovery of affected communities, rather than give one- time compensation payments (₹4 lakh) or notified ex gratia sought by the petitioners. There is nothing wrong in keeping the focus on provision of essential supplies and additional health infrastructure. In fact, the second wave peak was made considerably worse by poor health infrastructure and low public health expenditure, and a policy failure recorded by the Economic Survey which called for higher public spending of 2.5%-3% of GDP on health. But lending a helping hand to families now impoverished should also be a priority. The Centre, after tying itself in knots on free vaccines, should now spell out its road map for a universal public health system.

Source: The Hindu

3. What govt proposes to change in film certification

Relevant for GS Prelims & Mains Paper II; Polity & Governance

Last week, the Centre released the draft Cinematograph (Amendment) Bill 2021 to the general public for comments until July 2. The new draft proposes to amend the

- films already cleared by the Central Board of Film CertificationCinematograph (CBFC). Act of 1952 with provisions that will give the Centre “revisionary powers” and enable it to “re examine” A look at what the draft proposes to change: Revision of certification

The Ministry of Information and Broadcasting proposes to add a provision to the Act that will equip the Centre with revisionary powers on account of violation of Section 5B(1) (principles for guidance in certifying films). The current Act, in Section 6, already equips e the Centre to call for records of proceedings in relation of a film’s certification. The Ministry xplained that the proposed revision “means that the Central Government, if the situation Currently,so warranted, because has the of powera judgment to reverse by the the Karnataka decision of High the Board”.Court, which was upheld by the Supreme Court in November 2020, the Centre cannot use its revisionary powers on films that have already been granted a certificate by the CBFC.

The new draft makes space for the government’s intervention.-section (1) of section 6 to the effect that on receipt of any references by the Central Government in respect of a film certified“… It is also for proposed public exhibition, in the Draft on Bill account to add ofa proviso violation to sub of Section 5B(1) of the Act, the Central Government may, if it considers it necessary so to do, direct the Chairman of the Board to re-

Why it is significantexamine the film,” the Ministry said. The draft comes shortly after the abolition of the Film Certificate Appellate Tribunal, which was the last point of appeal for filmmakers against the certificate granted to their film. The draft has been criticised by filmmakers such as Adoor Gopalakrishnan, who has termed it a

“superAge-based censor”. certification The draft proposes to introduce age-based categorisation and classification. Currently, films are certified into three categories proposes to divide the categories into further— ‘U’ age-basedfor unrestricted groups: public U/A 7+,exhibition; U/A 13+ ‘U/A’ and U/Athat 16+.requires This parental proposed guidance age classification for children for under films 12; echoes and ‘A’ the for new adult IT films. rules The for streamingnew draft platforms.

Provision against piracy The Ministry noted that that at present, there are no enabling provisions to check film piracy in the Cinematograph Act, 1952. The draft proposes to add Section 6AA that will for the time being in force, no person shall, without the written authorisation of the author, beprohibit permitted unauthorised to use any recording. audio-visual The proposedrecording section device in states, a place “notwithstanding to knowingly make any law or transmit or attempt to make or transmit or abet the making or transmission of a copy of a

film or a part thereof”. three months but which may extend to three years and with a fine which shall not be less Violation shall be punishable with imprisonment for a term “which shall not be less than Website: www.prepmate.in Telegram Channel: @upscprepmate Prepmate Cengage Books Preview:https://prepmate.in/books/ Youtube channel: PrepMateEdutech For updates on WhatsApp, share your Name, City & Email ID on WhatsApp No. 88986-30000

than Rs 3 lakh but which may extend to 5 per cent of the audited gross production cost or

Eternalwith both”. certificate The draft proposes to certify films for perpetuity. Currently a certificate issued by the CBFC is valid only for 10 years.

Source: The Indian Express

4. Delimitation in Jammu and Kashmir: how, why

Relevant for GS Prelims & Mains Paper II; Polity & Governance

a meeting with the Prime Minister in the national capital this week has led to speculation aboutThe Union possible government’s scheduling invitation of the Assembly to 14 key elections. political On leaders Independence from Jammu Day and last Kashmiryear, Prime for Minister Narendra Modi had said elections would be held in J&K after the delimitation process in the Union Territory was over. Delimitation is crucial for kick-starting the political process in J&K.

What is delimitation and why is it needed? Delimitation is the act of redrawing boundaries of an Assembly or Lok Sabha seat to represent changes in population over time. This exercise is carried out by a Delimitation Commission, whose orders have the force of law and cannot be questioned before any court. The objective is to redraw boundaries (based on the data of the last Census) in a way so that the population of all seats, as far as practicable, be the same throughout the State. Aside from changing the limits of a constituency, the process may result in change in the number of seats in a state.

How often has delimitation been carried out in J&K? Delimitation exercises in J&K in the past have been slightly different from those in the rest of the country b which was scrapped by the Centre in August 2019. Until then, delimitation of Lok Sabha seats in J&K was governed by the ecause of the region’s special status — the Jammu and Kashmir Constitution and Jammu and Kashmir Representation of the PeopleConstitution Act, 1957. of India, but the delimitation of the state’s Assembly seats was governed by

Assembly seats in J&K were delimited in 1963, 1973 and 1995. The last exercise was conducted by the Justice (retired) K K Gupta Commission when the state was under P elections in 1996. There was no census in the state in 1991 and no Delimitation Commissionresident’s Rule was andset up was by basedthe state on governmentthe 1981 census, after thewhich 2001 formed census the as thebasis J&K of Assemblythe state passed a law putting a freeze on the fresh delimitation of seats until 2026. This freeze was upheld by the Supreme Court. The J&K Assembly, at that time, had 87 seats 46 in

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Kashmir, 37 in Jammu and 4 in Ladakh. Twenty-four more seats are reserved for Pakistan- occupied Kashmir. The freeze, some political parties argue, has created inequity for Jammu region.

Why is it in the news again?

Assembly seats in the newly-created Union Territory would be as per the provisions of the IndianAfter the Constitution. abrogation On of J&K’s March special 6, 2020, status the in government 2019, delimitation set up of the Lok Delimitation Sabha and Commission, headed by retired Supreme Court judge Ranjana Prakash Desai, which was tasked with winding up delimitation in J&K in a year. As per the Jammu and Kashmir Reorganisation Bill, the number of Assembly seats in J&K would increase from 107 to 114, which is expected to benefit the Jammu region.

Apart from Desai, Election Commissioner Sushil Chandra and J&K State Election Commissioner K K Sharma are the ex-officio members of the delimitation panel. That apart, the panel has five associate members National Conference MPs Farooq Abdullah, Mohammad Akbar Lone and Hasnain Masoodi, Union Minister of State in the Prime ffice Dr Jitendra Singh, and Jugal— Kishore Sharma of the BJP.

WhatMinister’s is the O status of the Delimitation Commission set up in 2020? Although the Commission was tasked to finish delimitation in a year, on March 4 this year, is was done on the request of the panel members since -19-induced shutdown across the country. Moreover,it was granted J&K aState year’s Election extension. Commissioner Th Sharma was appointed only on October 30 last ityear, couldn’t following make which much heprogress was busy due withto the the Covid District Development Council (DDC) polls in J&K that concluded last December. So, in effect, the Commission could start functioning properly, with all members in place, only this year. In February, it called a meeting of its five associate members, of who just two attended.

Early this month, the Election Commission wrote to Deputy Commissioners of all 20 districts in J&K seeking fresh information on several aspects including population density and topography in all the districts and Assembly constituencies. All districts have shared

information. “This was done to study the geographical spread of the Assembly seats, to see Whatwhether has a beenseat is the within political one district response or spread been so over far? several districts,” said a source. associate members (who are meant to be elected representatives from the UT) was attendedThe Commission’s by just two. work And got these off an two a rocky members start whenwere itsDr meetingJitendra in Singh February and Jugalwith Kishorethe five Sharma of the BJP. National Conference MPs Farooq Abdullah, Mohammad Akbar Lone and Hasnain Masoodi refused to participate, stating that the Jammu and Kashmir the Supreme Court decides the constitutional validity of this law, no decisions (read delimitation)Reorganisation emanating Act of 2019 from wasthe Act “palpably should be unconstitutional” implemented. and that till the time

However, with the National Conference recently indicating that it is open for dialogue with the Union government on J&K, the members of the Delimitation Commission are hopeful the three associate members from the party may also attend the next meeting of the Commission whenever it is scheduled.

Source: The Indian Express

5. A case to decriminalise suicide

Relevant for GS Prelims & Mains Paper II; Polity & Governance

India has the highest suicide rate in the Southeast Asian region, according to the World Health Organization. Depression, chronic ill health, guilt, trauma, substance abuse, failure in exams, and loss of l decision to take his or her life. A total of 1,34,516 cases of suicide were reported in 2018 in India, according to the Nationaloved ones Crime are Records some ofBureau. the reasons While the which rate influenceof suicide awas person’s 9.9 in 2017, it increased to 10.2 in 2018.

Crime and punishment Section 309 of the Indian Penal Code dictates the penal provision for attempting suicide. If a person is suffering from any mental trauma or illness, he or she should be given reformative treatment rather t much of the colonial legal legacyhan in a itsdeterrent penal jurisprudence. punishment which But the is “simplefact is that imprisonment the British Parliamentfor a term whichdecriminalised may extend attempts to one to year suicide [or with in 1961 fine, through or with theboth]”. Suicide India Act. has In retained India, a Bill to repeal Section 309 was first introduced in the Rajya Sabha in 1972 but it failed to pass in the Lok Sabha because the House was dissolved.

We have witnessed a century-long tussle between two camps in which one advocates for penal provision and the other continuously demands that attempts to suicide be decriminalised. Those who favour the penal provision generally quote the judgment in Gian Kaur V. State of Punjab (1996) whe extinction of life and, therefore, incompatiblere the court and held inconsistent that the “right with to the life concept is a natural of right right to embodied in na Article Ramchandra 21” of the Shanbaug Constitution v. Union but “suicide of India is an(2011), unnatural the Supreme termination Court or endorsed the earlier judgment. life”. In Aru On the other hand, those who argue that the act of attempting suicide should not be criminalised quote Maruti Shripati Dubal v. State of Maharashtra (1986). In this judgment, freedom of speech and expression includes freedom not to speak and to remain silent. The freedomthe Bombay of associationHigh Court declaredand movement Section likewise 309 unconstitutional. includes the It freedom said: “For not example, to join anythe association or to move anywhere... If this is so, logically it must follow that right to live...

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prospective suicides by deterrence, it is difficult to understand how the same can be achievedThe court by also punishing said: “Ifthose the who purpose have ofmade the the prescribed attempts... punishment Those who is make to prevent the suicide the attempt on account of the mental disorders require psychiatric treatment and not

Andhra Pradesh and P. Rathinam v. Union of India (1994) where the court held that Section 309confinement of the Indian in prison Penal cells.” Code This is idea a violation was recorded of Articles in Chenna 14 and Jagadeeswar 21 and is v. void State and of unconstitutional.

A solution In 2017, Parliament passed the Mental Healthcare Act. Section 115 (1) of the Act provides, the Indian Penal Code, any person who attempts to commit suicide shall be presumed, unless proved otherwise, to have “Notwithstanding anything contained in section 309 of applies only to those suffering from mental illness. There is presumption of severe stress in casesevere of stressan attempt and shallto die not by besuicide. tried and punished under the said Code.” However, this law

But what if severe stress is not proved? We have to shift from penalising attempts to suicide to making such cases medico-legal ones and provide psychological or mental treatment and support to the persons affected. As the issue demands a reformative stance, we need a permanent solution like repealing Section 309 of the Indian Penal Code or striking it down.

Source: The Hindu

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