CURRENT AFFAIRS 2012 FEBRUARY - I

Supreme Court: A Person cannot be detained under NSA without Valid Reasons

The Supreme Court of India  in the first week of January 2012 ruled that a person cannot be detained under the preventive detention law like National Security Act (NSA) without justifiable reasons. If it happens, it would impinge upon the individuals Constitutional right of personal liberty. The apex court observed that the State authorities have been granted the power to curb such rights under criminal laws as also under the laws of preventive detention. These laws are required to be exercised with due caution as well as upon a proper appreciation of the facts as to whether such acts are in any way prejudicial to the interest and the security of the State and its citizens, or seek to disturb public law and order, warranting the issuance of such an order.

Important Information

Article 21 in the Constitution of India states that no person shall be deprived of his life or personal liberty except according to procedure established by law.

Article 22 in the Constitution of India has provision for protection against arrest and detention in certain cases. This article consists of two parts. Clauses(1) and (2) apply to persons arrested or detained under a law otherwise than a preventive detention law while clauses (4) to (7) apply to persons arrested or detained under a preventive detention law.

India declared itself Free from Bird Flu, H5N1

NCPCR asked the State Governments to Propose a System called Shiksha Samvad | CIS: All Information Possessed by the Office of CJI not Completely Exempt from Disclosure

National Commission for Protection of Child Right (NCPCR) on 9 January 2012 directed the state governments to propose a system called Shiksha Samvad for holding regular dialogues between government officials and civil society on the implementation of the Right to Education Act.

In a letter, the commission, which is monitoring the Act, asked the state governments to institutionalize the system for regular reviews of the act. This will enable the local administration to keep a close watch on how the implementation of the Act is proceeding at the ground level. It will also allow the people to seek speedy redressal by raising the issues directly with the government officials.

CIS: All Information Possessed by the Office of CJI not Completely Exempt from Disclosure

The Central Information Commission(CIS) held in the first week of January 2012 that all information in possession of the office of the Chief Justice of India is not completely exempt from disclosure under the Right to Information (RTI) act. The CIC observed this while directing the Supreme Court to disclose communication exchange between Chief Justice of India and the Law Ministry on the question of proposed changes in appointment procedure for Judges.

The Cabinet Committee on Security approved the setting up of NCTC - CURRENT AFFAIRS 8

The Cabinet Committee on Security on 12 January 2012 approved the setting up of a National Counter Terrorism Centre (NCTC) to counter terrorism effectively.  The NCTC was proposed by the Ministry of Home Affairs. It will be a single window organisation that will gather and disseminate intelligence to central and state security organisations. A notification for the appointment of Directors and other members of core team of the NCTC will be issued soon.

The NCTC was created in the wake of 26/11 Mumbai terror attack. It will work under the Union Home Ministry. A senior IPS officer of the rank of Additional Director General of Police and above will head the elite counter-terror body. The NCTC will also coordinate with relevant probe and intelligence agencies to ensure that the perpetrators of terror are brought to justice besides maintaining a comprehensive data base of terrorists, their associates and supporters.

The Union Cabinet of India approved National Policy on NDPS - CURRENT AFFAIRS 7

The Union Cabinet of India on 12 January 2012 approved the Narcotics Drugs and Psychotropic Substances (NDPS) policy, with the objective of checking illicit production of psychotropic substances, curb drug abuse and stop trafficking of such items. The new policy will help in controlling the proliferation of black money. The Cabinet meeting was chaired by Prime Minister Manmohan Singh. The NDPS policy will lead to reduction in crime and improvement in public health.  It aims at social re-integration of victims of drug abuse.

The salient features of the policy are as follows:

(i) The policy recommends production of Concentrate of Poppy Straw (CPS) in India by a company or body corporate. This would enable India to retain its status of a traditional supplier of Opiate Raw Material (ORM) to the rest of world, while remaining competitive.

(ii) The consumption of poppy straw by addicts will be gradually reduced and finally stopped in a time frame decided by the States.

States were directed to Tighten Norms in Granting Licenses to New Medical Institutes - CURRENT AFFAIRS 6

The Union government of India on 14 January 2012 directed all the states to tighten norms in granting licenses to open new medical institutes, and ensure fire safety provisions mandatory, for launching any such new ventures. The Home Ministry order came weeks after a devastating fire at the Kolkata hospital, which claimed more than 90 lives.

The states were directed to ensure that hospital building bylaws provide for mandatory fire safety provisions and without such provisions, no Licence should be given to anyone for setting up any hospitals. The state governments were asked to ensure that all hospitals and nursing homes equip their institutions with the required freighting gadgets, to avoid any untoward incident.

HRD Ministry announced Grievance Redressal Mechanism in Higher Educational Institutions - CURRENT AFFAIRS 4

Union Ministry for Human Resource Development on 18 January 2012 announced that there would be a Grievance Redressal mechanisms in higher educational institutions. UGC, AICTE and NCTE would be requiring all Central Educational Institutions, institutions deemed to be universities, technical and management institutions under AICTE and teacher education institutions under NCTE to establish a Grievance Redressal Mechanism for Students and applicants for admission before the commencement of the admission this academic year. Every institution would be required to constitute an Ombudsman; person with judicial or legal experience to be appointed from a panel suggested by the affiliating university for technical and management institutions, by the Central Government for deemed universities and by the regulator for non-degree granting institutions. The concerned regulators would issue the detailed instructions to the educational institutions shortly. 

The Law Commission: Anti-Dowry Law should be less Stringent - CURRENT AFFAIRS 3

The Law Commission of India on 18 January 2012 recommended the dilution of Anti-Dowry law to make it less stringent. The Commission, headed by Justice P V Reddi, recommended the Government to make Section 498-A of the Indian Penal Code, which deals with harassment for dowry and cruelty to a woman in her matrimonial home, a compoundable offence. Compoundable offences are those which can be compromised by the parties to the dispute. The permission of the court is not necessary. This means that those who would be booked in cases under this section would find it easier to get bail. 

  

Supreme Court dismissed the PIL asking for Restoration of Army Chief’s Date of Birth - CURRENT AFFAIRS 2

The Supreme Court of India on 20 January 2012 dismissed a PIL seeking a direction to the government to restore the Army Chief Gen V K Singh's date of birth as 10 May 1951 and not as 1950. A bench headed by Chief Justice S H Kapadia ruled that the writ petition filed at the behest of an association is not maintainable. 

The court observed that this is purely a service matter. The court further said it is not expressing any opinion on the merits of the case. 

Election Commission banned Exit Polls during Elections to the Five State Assemblies - CURRENT AFFAIRS 1

The Election Commission of India banned exit polls during the entire period when elections to the five state assemblies would be held, in accordance with the relevant provisions of the Representation of the People Act, 1951. Under the provisions, displaying any election matter, including results of any opinion poll or any other poll survey, in any electronic media, would be prohibited.

The election Commission notified the period between 7am on 28 January, 2012 and 5.30pm on 3 March, 2012 as the period during which conducting any exit poll or disseminating the result of any exit poll would be prohibited. While 28 January 2012 is the first day of polling in Manipur, 3 March 2012 is the last day of polling in Goa and Uttar Pradesh.

Supreme Court criticized the Union Government for Delay in Release of Foreign Prisoners - CURRENT AFFAIRS V

The Supreme Court of India on 24 January 2012 criticized the Union government for total inaction in dealing with the prolonged imprisonment of several foreign nationals in Indian jails despite them having completed their sentences. The court directed the government to repatriate them within a month.

A bench of the apex court noted that prolonged detention of foreign nationals was violative of the constitutional right of life and liberty granted under Article 21 of the Constitution of India to every person in the country, including foreign nationals. It said violation of this right cannot be condoned by the courts.