The Hindu – Editorials

Citizenship without bias

An analysis of The citizenship amendment bill 2016

The bill provides for minorities ( Hindus, Jains, Buddhists, Parsis and Christians) fled to India form Pakistan, Bangladesh, Afghanistan with out Valid travel documents can acquire the Indian citizenship through naturalisation, if they are residing in the country for 6 years.

In this scenarios, chakmas and Hajongs of Bangladesh displaced because of construction of the Kaptai dam can get benefitted. However, rohingyasofg Myanmar, ahmadiyyas in Pakistan and Indian Tamils in Srilanka will not be benefitted from the stated amendment as the countries are not in the purview of the law or the religion is not mentioned. In this scenario, the provisions of the bill could be extended to all neighbours and all the minorities who are the victims of persecution.

Points to remember

1. India do not have a national refugee law.
2. The three principles stated by the late Prime Minister Nehru are – refugees will be accorded a humane welcome; the refugee issue is a bilateral issue; and the refugees should return to their homeland once normalcy returns there.

New Engagement with old Neighbour

India – Myanmar

India and Myanmar relations have changed with the changing democratic tide in Myanmar. India has supported the democratic movement in Myanmar and the changed political situation in Myanmar can strengthen bilateral’ relations. In line with this, Myanmar has promised India that it will not allow its land to be used for any anti India activity.

Other areas where India and Myanmar relations strengthening are

1. Sittwe port – providing an alternative route  to  connect with Southeast Asia, without transiting through Bangladesh.
2. Renovation of Thanlyin refinery
3. India – Myanmar friendship road
4. Deep sea project – sagar samriddhi- i) to explore oil and gas in the Bay of Bengal and at  the Shwe  gas pipeline project in western Myanmar.
5. Myanmar has cooperated with India to crackdown Naga insurgents
6. India is the first country to send the relief after cyclone Nargis in 2008.

Others

1. USA is easing the sanctions on Myanmar as it is returning to the democracy. But, the issue of minorities(rohingyas) Is an irritant.
2. During Ms. Suu Kyi’s trip to Beijing, China and Myanmar pledged to  forge closer ties as “blood brothers” and enhance trade. But China’s main concern has been progress  on the $3.6-billion Myitsone Dam project.
3. Myanmar also needs China’s support in talks with Myanmars ethnic minority armed groups operating along the northern borders with China.

Piracy: The new war on piracy

Government of India has announced that viewing, downloading, exhibition and duplication of  the contents of  the URL as being offences which are punishable under Sections 63, 63-A, 65 and 65-A of  the Copyright Act. It  further states that these provisions prescribe a punishment of  up to three years and a fine of  up to  Rs.3 lakh.

Analysis

1. Burden of proof – As of existing scenario, burden of proof lies with one claiming infringement but the changed provisions criminalises any viewing of a website. It mean that any action with prohibited URL would necessarily
2. Piracy is a productive force – if we see the problem beyond Moral and legal aspects, piracy can spread the knowledge. Ex – LibGen
3. Perceived losses of copyright infringements are overstated. It is based on the presumption that every download equals a lost sale.
4. Piracy also shall be seen as a global pricing problem – High prices for media goods, low incomes, and cheap digital technologies are the main ingredients of global media piracy.

Protecting Good Samaritans

In India more than 1.5lakh deaths are reported due to road accidents. In this, more than 50% of lives could have been saved if an emergency medical care is available. But, the fear of unnecessary legal procedures keeps many people away from helping the accident victims.

Supreme Court of India has advised Centre to prepare the Guidelines protection of the Good Samaritans who help the accident victims. According to this.

a Good Samaritan’s  affidavit will have  the legal force of  a statement.

If a statement is required, it should be recorded in a single examination. This is applicable only to  those who want to  be witnesses, for the guidelines say the police should not compel them to disclose their particulars or to  be witnesses.

Added to this, Ministry of health also has notified all the hospitals that they should not detain those who bring accident victims for admission. They  should not be required to pay for admission or registration, or asked intrusive  questions beyond basic particulars such as names and addresses

 

A fat tax that shouldn’t go up in smoke

Kerala recently imposed a tax of 14.5% on fat rich burgers, Pizzas, tacos, dough nuts sold at the branded restaurants such as Mc Donald’s, KFC etc. The same tax is not applicable to the high fat food items of Indian restaurants. It can attract the non discriminatory clause of WTO.

Speaking truth to power

Office of the speaker is given power to maintain an environment for debate, strengthen democratic institutions of the parliamentary system. But the mass eviction of opposition members in the assemblies of Tamil Nadu and Gujarat is not in this spirit.

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Prepared by the Civilsprep team.