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13 July 2023

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DAILY CURRENT AFFAIRS ANALYSIS

1 – Vilnius summit: GS II – International Relations

Context:

  • The upcoming NATO summit in Vilnius is ready to begin.

Important details:

  • The capital of Lithuania, Vilnius, will host the following NATO summit in 2023.
  • At the summit in Madrid in 2022, the summit was explicitly suggested.

Aim:

  • The summit’s primary discussion point looks to be how NATO decides to define its future relationship with Ukraine.

About NATO:

  • The North Atlantic Treaty Organisation was created following World War II to prevent any future Soviet Union attempts to enlarge into Europe.
  • On April 4, 1949, then-US President Harry S. Truman signed the 12-member accord.
  • When the USSR disintegrated in 1991, a number of former Soviet Union nations in eastern Europe joined NATO.
  • The NATO conducts frequent exercises to improve its armed capabilities on land, at sea, and in the air. The NATO operates on the principle of collective defence.
  • Article 4 of the Treaty requires the Member States to consult with each other when threatened.
  • In the interim, Article 5 describes the ‘one-for-all, all-for-one’ spirit of the pact.
  • Currently, NATO has 30 members.

Source The Hindu

2 – Affirmative Action: GS II – International News

Context:

  • Lately, the U.S. The Supreme Court ruled that affirmative action policies that take race into account when admitting students to institutions are unlawful.

Positive discrimination is:

  • Equal opportunities for historically underrepresented minorities or demographic groups in the workforce or in higher education are sought for through affirmative action policies.
  • In 1961, President John F. Kennedy became the first public figure to link the phrase to racial equality.
  • Affirmative action is a policy initiative in which a company or governmental body takes into account a person’s race, sex, religion, and caste in order to improve their chances of getting a job or getting an education.
  • Through initiatives like these, the government hopes to increase the opportunities provided to low-income citizens.
  • Affirmative action policies are designed to reduce gender diversity in major corporations.
  • In February 2015, the Securities & Exchange Board of India (SEBI) issued regulations requiring the presence of at least one female director.
  • Only one-third of all publicly traded companies have female directors, while the remaining two-thirds are solely composed of male stockholders, according to data.
  • The government wants there to be more gender diversity in big businesses.

Source The Hindu

3 – China limiting exports of raw materials: GS II – International Relations

Context:

  • China announced that it would implement export restrictions on products connected to gallium and germanium in order to preserve its interests in national security.

Important details:

  • Operators who export the two materials specified above will now require a specific licence.
  • They would also need to show the original export contract.
  • Since they exported illegally, the exporter would be held “criminally responsible” for their actions.
  • significance and concerns

Gallium:

  • The basic semiconductor substrate, gallium arsenide, is made from gallium.

It’s employed in:

  • embedded computing.
  • Satellite and mobile communications (in chipsets).
  • LEDs (in displays).
  • automobiles and lights
  • in sensors used in avionic, space, and defence systems.
  • Gallium is produced in China to an 80 percent level.

Germanium:

  • Furthermore, China is the source of 60% of the global output of germanium.

The element is present in:

  • fiber-optic cable,
  • Law enforcement organisations utilise infrared imaging devices for surveillance, target acquisition, and reconnaissance, particularly at night.
  • optical instruments (to facilitate the use of weapon systems under challenging conditions).
  • solar cells for their improved ability to convert energy and withstand heat.
  • The Indian Ministry of Mines came to the conclusion that the two elements were crucial for the security and economic development of the country.

Results for India:

  • It is predicted that the Chinese export bans will have a short-term impact on India and its industry due to the disruption of immediate supply chains.
  • By altering the cost and availability of chips, it can have an impact on India’s chip-making potential.
  • The long-term repercussions for India’s chip-making goals and industries will, however, depend on a number of factors that are necessary to ensuring a reliable supply chain for that country’s semiconductor industry:
  • varied supply sources,
  • the ability to produce semiconductors domestically, and
  • iCET, or the Initiative on Critical and Emerging Technology, is the name of a number of strategic partnerships, including one between the U.S.

Conclusion:

  • India, which imports all of its gallium and germanium, has a chance as a result of the circumstance.
  • It is important to concentrate on waste recovery from the production of zinc and alumina as these two industries produce the two critical minerals as by-products.
  • Consideration could also be given to shifting the emphasis to potential substitutes like indium and silicon.

Source The Hindu

4 – Alternative Dispute Resolution: GS II – Governance-related issues

Context:

  • The Union administration is poised to launch a project that will see the establishment of women-only local tribunals.

Important details:

  • These will be created to oppose the patriarchal system and offer a different forum for resolving disputes around things like domestic violence and property rights.
  • 50 villages in Assam and 50 villages in Jammu and Kashmir will receive the programme as a trial run.

Features:

  • The Nari Adalat (women’s court) in each hamlet will have seven to nine members.
  • Half of these would be made up of elected gramme panchayat members, while the other
  • The other half will be made up of social workers, teachers, and doctors who will be selected by the local communities.
  • The court will consider particular cases involving women and girls from the neighbourhood who require assistance or have grievances.
  • It will spread awareness of both government programmes and women’s legal rights and privileges.
  • The Nari Adalat won’t, however, be recognised in court.
  • The site will engage the public by promoting women’s rights, legal perspectives, different programmes, and obtaining feedback from them.
  • Members are referred to as Nyaya Sakhis (legal friends) and will be selected or proposed by the gramme panchayat.
  • The Mukhya Nyaya Sakhi (chief legal friend), who will lead Nari Adalat, will be chosen by the Nyaya Sakhis.
  • Normally, the head serves for six months before being changed.
  • As a component of the Mission Shakti sub-program named Sambal, which is dedicated to promoting the safety, security, and empowerment of women, the programme would be run by the Ministry of Women and Child Development.

With their assistance, the following will be done during the implementation process:

  • the Ministry of Panchayati Raj,
  • the Ministry of Rural Development, as well as
  • the Common Service Centres of the Ministry of Electronics and Information Technology.

The services provided will include:

  • alternative approaches of resolving conflicts and complaints,
  • counselling,
  • making decisions based on evidence,
  • pressure tactics used by groups,
  • negotiation,
  • Mediation and resolution that are mutually agreed upon.

Information on Alternative Dispute Resolution:

  • Techniques used in alternative dispute resolution (ADR) aim to settle disagreements quickly and amicably without the need for litigation.
  • Some of these strategies include Lok Adalats, arbitration, mediation, conciliation, negotiation, facilitation, and avoidance.
  • ADR formats

Arbitration:

  • An arbitral tribunal hears the dispute and issues a judgement that mostly binds the parties.
  • It is less formal than a trial.
  • In general, an arbitrator’s decision cannot be contested.
  • Except for a few short-term remedies, there is not much room for judicial intervention in the arbitration process.

Conciliation:

  • The conciliator, a neutral third party, aids the disputing parties in reaching a mutually acceptable agreement through a non-binding process.
  • Conciliation is an alternative to arbitration that is less formal.
  • The parties have the option of accepting or rejecting the conciliator’s suggestions.
  • If both parties accept the conciliator’s settlement offer, it will be conclusive and legally binding.

Mediation:

  • A “Mediator” is a disinterested third person who supports the parties’ efforts to reach a mutually agreeable resolution to the disagreement.
  • The mediator helps the parties communicate so they can try to resolve the conflict on their own, rather than deciding on it.
  • During the mediation, the parties are still in charge of making final decisions.

Negotiation:

  • It is a non-binding process in which the parties start communicating with one another without the aid of a third party in an effort to come to a mutually agreeable resolution of the problem.
  • Negotiation occurs in a variety of contexts, including business, nonprofits, governmental organisations, legal proceedings, international relations, marriage, divorce, parenting, and other scenarios.

Lok Adalat:

  • Lok Adalats, also known as Peoples’ Courts, are charitable institutions.
  • In Lok Adalat, issues are handled informally while allowing for negotiation in front of a court representative, without excessive focus on technical legal details.
  • The decision of the Lok-Adalat is final, will be recognised as the ruling of a civil court, and will bind the parties to the dispute.
  • The verdict of the Lok-Adalat cannot be contested in court.

Advantages of ADR:

Friendly answer:

  • Parties can settle disputes amicably because it is a party-driven procedure.
  • Therefore, the main objectives of ADR techniques are to simplify and make the litigation process convenient for the parties.

Speed of settlement:

  • As opposed to years of litigation, alternative dispute resolution processes like arbitration and mediation can resolve a dispute in a matter of days or months.
  • Due to the frequent one-day resolution of issues, Lok Adalats offer parties quick resolution;

Process flexibility:

  • Because procedural statutes like the Indian Evidence Act of 1872 and the Code of Civil Procedure, 1908, are rarely strictly implemented, the parties have certain procedural latitude;

Availability of funds:

  • Years can pass between court appearances, greatly raising costs.
  • ADR processes are far more cost-effective because there are no court fees and much reduced attorney fees.

Awards are definitive:

  • Additional appeals are not allowed regarding the arrangement made between the parties.
  • Conflicts are resolved faster as a result of avoiding delays.

A second layer of award security

  • the decision made by a Lok Adalat after a joint plea for compromise was submitted.
  • It serves as a civil court ruling.

Disadvantages/Concerns:

There is no law governing mediation:

  • At the time, there is no formal statute that governs mediation.

A growing industry:

  • Despite the emergence of various new organisations, including the New Delhi International Arbitration Centre (NDIAC) and the Mumbai International Centre for Arbitration (MICA), ADR is still in its infancy.

Imbalance of power:

  • For instance, litigants in Lok Adalats frequently face off against financially significant institutions like insurance companies, banks, and electricity boards.

The majority of people who are unable to pay costs compromise:

  • Most of the time, these litigants are forced to accept discounted future values of their claims rather than their just entitlements or meagre awards in order to conclude a protracted legal battle.
  • For instance, hundreds of victims of the Bhopal gas tragedy are still waiting for true justice after it was coercively handled for a pathetic sum.

Injuries to women during marriage:

  • To resolve matrimonial issues within a romanticised view of marriage, family courts basically impose the so-called “harmony ideology” of the state.
  • Willful civil offences are not subject to justice.
  • Although courts are able to keep track of previous offenders, many ADR mechanisms—including compromises—omit this information.

Accepting the Concept of Justice:

  • Justice is the equitable and right treatment of all parties.
  • ADR techniques might not adequately convey this idea.

How to Proceed:

  • The financial and social situations of the plaintiffs compel them to employ the effective ADR method.
  • Such a mechanism might favour the powerful, and it might not always be fair to all those involved.
  • ADR procedures, however, can lead to considerable cost savings and decreased demands on the legal system when dealing with equal parties and in dire economic situations.

Source The Hindu

5 – Kanwariyas: GS I – Indian Culture

Context:

  • The Chief Minister of Uttarakhand recently welcomed Kanwariyas, or Shiv enthusiasts, to Haridwar during the Kanwar Yatra.

With regards to the Kanwar Yatra:

  • As part of the Kanwar Yatra, thousands of devotees of Lord Shiva trek hundreds of kilometres to draw holy water from the Ganga, then return to offer sacrifices at many nearby Lord Shiva shrines.
  • The annual pilgrimage starts in July, which is the month of “Shravan” in the Hindu calendar.
  • Kanwar literally means “equipment for fetching water.”
  • The fact that the followers carry the structure on their shoulders as they move around gives them the nickname “Kanwariyas.”

Religion-Related Relevance:

  • The custom was first mentioned in the Hindu Puranas when Ravana sent Lord Shiva a gift of precious Ganges water in a kanwar while praising him.
  • This is associated with a historical event known as the “Samudramanthan,” which was mentioned in early Indian scriptures and involves Lord Shiva consuming poison to save the world.
  • In order to rid Lord Shiva of the poison’s negative energies, holy water is administered.

In relation to the Kanwariyas:

  • The Kanwar Yatra is one of the biggest religious gatherings in India.
  • Kanwariyas, the name given to Lord Shiva’s devotees, are predominantly from the states that follow:
  • ABOVE HARDISTAN,
  • Bihar,
  • Rajasthan,
  • Delhi,
  • Haryana,
  • Punjab,
  • UPPER HARDISTAN,
  • Chhattisgarh
  • in Oregon and

The holy water is provided by the Ganga, which is flowing at 4 Hindu pilgrimage locations.

  • Haridwar, Gaumukh, and Gangotri are in Uttarakhand.
  • Sultanganj in Bihar.

Source The Hindu

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