Kisenganga Project

What is the issue?

Pakistan had pleaded before the Court of Arbitration at The Hague that India’s construction of Project over Kishenganga was a violation of Indus Waters Treaty (IWT) signed in 1960.

What is the Project?

India is constructing Rs. 3600 crore, 330 MW, run-of-the-river, hydro-electric project on Kishenganga River (known as Neelam in Pak) which is a tributary river to Jhelum. The

Vienna Convention

The Vienna Convention on Diplomatic Relations of 1961 is an international pact that defines a framework for diplomatic relations b/w independent nations. It specifies the privileges of a diplomatic mission that enable diplomats to perform their function without fear of coercion or harassment by the host country. This forms the legal basis for diplomatic immunity. It has been ratified by 187 nations.

Summary of the Treaty:

Bone Ossification Test

• Ossification is the process of formation of new bone by cells called osteoblasts. As per scientific evidence, by the age of 25 years nearly all bones are completely ossified in humans. 
• Ossification test is a guess work based on the fusion of joints in the human body b/w birth and age 25. If all joints are fused the person must be of 25yrs of age or older. As per experts that there can be an error of about 2 years in the age
• Different ways to tell age of a person:
• School Records
  Methods like Orchodometry which measures testicular volume. The test is available in India.
  Teeth (Forensic experts check teeth first. All molars are up by 18.)
  X-Ray of elbow, hip, knee, wrist, shoulders and collar-bones are taken for bone ossification (hardening) test. Bone age is correlated to chronological age.
  TW3 Test (Tanner-Whitehouse Tests) or Bone Maturation Test – Has been introduced by BCCI to check age fraud in junior cricket. It works out skeletal maturity from hand and wrist bones.
  Telomeres Age determination based on the length of telomeres, the protective cap of chromosomes. Telomere length varies with age.
• What does Section 3 of the Juvenile Justice Act say?
• Section 3 reads: “Where an inquiry has been initiated against a juvenile in conflict with the law or a child in need of care and protection and during the course of such inquiry the juvenile or the child ceases to be such, then, notwithstanding anything contained in this Act or in any other law for the time being in force, the inquiry may be continued and orders may be made in respect of such person as if such person had continued to be a juvenile or a child.”

The Protection of Children from Sexual Offences Act, 2012

• Passed by Parliament in May, 2012 to address the evil of child sexual abuse.
• Definition of Child : The Act is gender-neutral and defines a child as any person below the age of eighteen years
• Provides : 
• Precise definitions for different types of Child abuse crimes
• Stringent punishments(max life term and fine)
• Mandatory reporting
• Child-friendly procedures
• Under Section 45 of the Act, the power to make rules rests with the Central Government
• Qualifications and experience of interpreters
• Arrangements for care and protection
• Criteria for award of compensation by the Special Court
• The rules rely on the structures established under the Juvenile Justice Act, 2000.
• such as Child Welfare Committees and District Child Protection Units, to make arrangements for the care and protection of the child and to ensure that the child is not re-victimized in the course of investigation and trial. Where a child is taken to a medical facility for emergency medical care, no magisterial requisition or other documentation may be demanded by such facility prior to rendering medical care.
• National Commission for the Protection of Child Rights (NCPCR) and State Commissions for the Protection of Child Rights (SCPCRs)  have been made the designated authority to monitor the implementation of the Act.

United Nations Convention on the Law of the Sea (Unclos)

• India is a signatory to the United Nations Convention on the Law of the Sea (Unclos)
• Article 97 of Unclos says that in case of a navigation incident such as collision in the high seas India cannot detain a vessel registered in another country or initiate proceedings against the crew if they are not Indian nationals.
• he Court said Article 97 will not apply in the case of Enrica Lexie(talian marines shooting incident) as the shooting was a criminal action, not a navigation incident.
• India’s Exclusive Economic Zone, a distance of 200 nautical miles from the shore, high seas where Unclos 97 could apply for collisions. 

Constitutional Amendments

• One Hundred Seventeenth Amendment Constitutional Amendment Bill for Reservation in Promotion to SCs and STs .The Bill proposes to amend the Article 16 (4A) of the Constitution of India. The existing Article 16(4A) provides for reservation in promotion to the Scheduled Castes (SCs) and the Scheduled Tribes (STs) which are not adequately represented in the Govt. services. The proposed amendment would amend Article 16(4A) in such a manner that it would obviate the need of collection of quantifiable data about adequacy of representation and backwardness of the class for reservation in promotion to the SCs and the STs.
• Constitution (118th Amendment) Bill, 2012 which seeks to provide special status to six backward districts in the Hyderabad Karnataka region, with provision for reservation in education and jobs for local people.
  The Bill introduces a new Article 371-J to provide special recognition for the six backward districts in north Karnataka: Gulbarga, Yadgir, Raichur, Bidar, Koppal and Bellary.
  The Bill provides for creation of a separate development board and equitable allocation of funds for development of the region. In addition to this, it will provide quota in public employment through establishment of local cadres and reservation in education and vocational training institutions for those who belong to the region by birth or domicile.
• 
  

Banking Bill

• The Banking Laws (Amendment) Bill 2011 was introduced in order to amend the Banking Regulation Act, 1949, the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970/1980.
• Paving way for foreign investments in the sector and establishment of new private banks and also to achieve greater financial inclusion.
  The Bill does not contain controversial clauses of allowing banks to trade in futures and keeping the sector outside the purview of Competition Commission as it was earlier proposed.
• The salient features of the Bill are as follows: 
• To enable banking companies to issue preference shares subject to regulatory guidelines by the RBI; 
• Voting rights of investors in private sector banks raised to 26 %, from 10 % which will boost foreign investments.
• Cap on voting rights of private investors in PSBs raised to 10%, from 1%  
• To create a Depositor Education and Awareness Fund by utilizing the inoperative deposit accounts; 
•  To provide prior approval of RBI for acquisition of 5% or more of shares or voting rights in a banking company by any person and empowering RBI to impose such conditions as it deems fit in this regard; 
•  To empower RBI to collect information and inspect associate enterprises of banking companies; 
• CCI to regulate mergers and acquisitions and will also have power to investigate and clear mergers and acquisitions in banking industry 
• RBI allowed to supersede boards of private sector banks. 
•  To provide for primary cooperative societies to carry on the business of banking only after obtaining a license from RBI; 
• To provide for special audit of cooperative banks at instance of RBI 
•  To enable the nationalized banks to raise capital through “bonus” and “rights” issue and also enable them to increase or decrease the authorized capital with approval from the Government and RBI without being limited by the ceiling of a maximum of Rs. 3000 crore under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970/1980.
• The Bill would pave the way for new bank licenses by RBI resulting in opening of new banks and branches. This would not only help in achieving the goal of financial inclusion by providing more banking facilities but would also provide extra employment opportunities to the people at large in the banking sector.