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Context: Recently, the Supreme Court observed that Article 35-A of the Constitution has deprived people not residing in Jammu and Kashmir of some key constitutional rights.
According to a Constitution bench headed by Chief Justice of India Dhananjaya Y Chandrachud:-
Article 35A gave special rights and privileges to permanent residents and virtually took away the rights for non-residents.
This artificially created class of ‘permanent residents’ alienated people who did not fall within the category.
Article 35A had even granted immunity from judicial review to these special privileges, as any law which provides for these special privileges would not violate fundamental rights like
Articles 14 (right to equality),
Article 19(1)(e) (right to settle anywhere in the country)
Article 21 (right to life and personal liberty) and
Article 22 (protection against preventive detention).
However, the CJI asked the government whether the Centre had adhered to the principle of federalism while abrogating Article 370 and abolishing J&K as a full-fledged State.
Article 3 made it mandatory for the President to consult the State Legislature before altering the status of a State.
The abrogation was facilitated by first dissolving the J&K State Legislature and then proclaiming President’s Rule under Article 356.
The Parliament assumed the role of the J&K State Legislature and gave its views to itself about the alteration of J&K from a State to 2 UTs.
Article 35A is unique in the sense that
It does not appear in the main body of the Constitution.
It by passed the parliamentary route of lawmaking. Article 368 of the Constitution empowers only Parliament to amend the Constitution.
Article 370 was only a ‘temporary provision’ to help bring normality in J&K and strengthen democracy in that State.
The Constitution-makers did not intend Article 370 to be a tool to bring permanent amendments, like Article 35A, in the Constitution.
Article 35A was against the “very spirit of oneness of India” as it creates a “class within a class of Indian citizens”.
Restricting citizens from other States from getting employment or buying property within J&K is a violation of fundamental rights under Articles 14, 19 and 21 of the Constitution.
It was against gender equality. For example, Article 35A restricts the basic right to property if a native woman marries a man not holding a permanent resident certificate.
Her children are denied a permanent resident certificate, thereby considering them illegitimate.
Violates judicial review principle. For example, Article 35A mandates that no act of the legislature coming under it can be challenged for violating the Constitution or any other law of the land.
‘Permanent residents’ included people who were hereditary State subjects as in 1927, when J&K was a princely state prior to its accession to the Indian Dominion in 1947.
The Constitution (Application to Jammu and Kashmir) Order 2019 withdrew the special status of J&K and extended all provisions of the Indian Constitution (including Part III - Fundamental Rights) to J&K.
As Article 35A stems from Article 370, the discriminatory provisions under Article 35A are now unconstitutional.
Context: A Member of Parliament in the United Kingdom has called for a statutory inquiry into medical research carried out on Indian-origin and South Asian women decades ago in the city of Coventry.
The MP said that there were concerns over the use of radioactive isotopes in chapatis that were fed to the women as part of a study purportedly on combating iron deficiency among South Asian women in the city.
It was claimed that the women’s consent was not sought and proper information on the experiment was not given to them.
As part of a study, in 1969, around 21 Indian-origin women, identified by a general practitioner (GP) in Coventry, were given Chapatis containing Iron-59, a radioactive iron isotope.
The women had sought medical help from the GP for minor ailments but were then, without their knowledge, made part of a research trial to address the issue of widespread anaemia (a disease caused by iron deficiency).
Chapatis containing Iron-59 were delivered to participants’ homes.
After eating the chapatis, women in the study were taken to the Atomic Energy Research Establishment, where their radiation levels were measured to judge how much iron had been absorbed.
The UK’s Medical Research Council (MRC) said the study proved that Asian women should take extra iron because the iron in the flour was insoluble.
Public criticism led to the MRC establishing an independent Committee of Inquiry.
This committee’s report in 1998 said that low levels of radiation can be dealt with by the human body up to a certain threshold.
It added, that many do not accept this view and say that the damage to human DNA due to any level of radiation is more severe.
The report suggested that the nature of the studies did not appear to be unethical.
questions of consent,
understanding in the light of giving consent, and
the degree to which the risks were explained to the participants or even taken into account by researchers.
Researchers also made some prior judgements about the benefits and costs of the study without keeping the participants at its centre, in line with the paternalistic nature of science (and wider society at the time).
The MRC no longer had the list of the study’s participants.
A public call for participants to come forward also did not yield results.
While the procedures for such experiments are much stricter today, back then the need to provide written explanations to participants or get their written consent was not necessary.
It caused considerable unnecessary concern among Asian people and that their portrayal was seriously misleading.
Radioactive isotopes are unstable forms of an element that emit radiation to transform into a more stable form.
Such isotopes have unstable nuclei, i.e. the proton to neutron ratio is such that they contain excess energy in the nucleus.
This excess energy is dissipated spontaneously through radiation – the emmission of energy through waves or particles.
Depending on the amount and the specific kind, radiation can have various long term health effects on human beings.
Context: Recently, an Indian Air Force (IAF) contingent departed to participate in Exercise BRIGHT STAR-23, scheduled to be held at Cairo (West) Air Base, Egypt, from 27 August to 16 September 2023.
Exercise BRIGHT STAR is a multinational tri-services joint military exercise that will be led by US CENTCOM and the Egyptian Army.
The exercise was initially started as a bilateral training event between the US and Egypt, dating back to the Camp David Accord in 1977.The first exercise took place in 1980. Since 1995, other countries have also joined in.
The previous Exercise BRIGHT STAR in 2021 involved the armed forces of 21 countries.
Exercise BRIGHT STAR 2023 will include the participation of 34 countries, making it the largest-ever joint military drill in the Middle East and North Africa region.
This is also the first time that Indian Armed Forces will be participating in the exercise.
Participating countries: United States of America, Saudi Arabia, Greece and Qatar.
The Indian Air Force contingent will consist of five MiG-29, two IL-78, two C-130 and two C-17 aircraft.
Personnel from the IAF's Garud Special Forces, as well as those from the Numbers 28, 77, 78 and 81 Squadrons, will be participating in the exercise.
The exercise will consist of a large number of training activities focused on combating emerging unconventional threats and enhancing regional partnerships amongst participating nations aimed at maintaining world peace.
In addition, the exercise will also include a combined arms live firing exercise based on a tactical setting.
To practice planning and execution of joint operations. Besides leading to the formation of bonding across borders, such interactions also provide a means to further strategic relations between participating nations.
India and Egypt have had an exceptional relationship and deep cooperation wherein the two jointly undertook the development of aero-engine and aircraft in the 1960s, and training of Egyptian pilots was done by Indian counterparts.
Further, a panel discussion on contemporary topics is also planned to be conducted on Cyber Security for which the Indian Armed Forces are the lead force.
Teenaged Grandmaster D. Gukesh has replaced the legendary Viswanathan Anand as India's top chess player after more than three decades. Anand has been India's No.1 since July 1986.
India's first indigenously developed 700 MW nuclear power plant in Gujarat's Kakrapar has started operations at full capacity.
The Union Cabinet has given the green light to the National Policy on Research and Development and Innovation in the Pharma-MedTech Sector.
Nagaland has earned the distinction of becoming the first state in the northeast to launch Aadhaar-Linked Birth Registration (ALBR). The initiative facilitates birth registration based on Aadhaar enrolment for children in 0 to 5 years’ age group.
The Centre's fiscal deficit in the first four months of 2023-24 touched 33.9 per cent of the full-year target, government data showed on Monday.
Union Education and Skill Development & Entrepreneurship Minister Shri Dharmendra Pradhan, launched a novel comic book titled "Let’s Move Forward." The launch event was held on August 29, 2023, at Kaushal Bhawan, New Delhi.
Surgical oncologist R Ravi Kannan named as one of the recipients of the Ramon Magsaysay Award for 2023. Kannan, who hails from Chennai, won the award for “revolutionising the treatment of cancer in Assam through his people-centered and pro-poor programs”, the Ramon Magsaysay Award Foundation said.
National Nutrition Week (NNW) is observed annually in India from September 1 to 7. This dedicated week aims to raise awareness among people about the vital role of nutrition and the significance of cultivating healthy eating habits.
History of National Nutritional Week
The Ramon Magsaysay Award, often referred to as the “Nobel Prize of Asia,” is recognized globally for its prestigious recognition of individuals and organizations that have made significant differences in their communities and beyond.
About Ramon Magsaysay Award
The award was established in 1957 in the memory of Philippines' 3rd President Ramon Magsaysay who had died in an air disaster in March 1957. It is awarded annually to individuals or organizations from Asia region for their altruistic and philanthropic service. The award carries a certificate, a medallion bearing the likeness of the late President, and a cash prize of USD 50,000.
A new Abu Dhabi-developed artificial intelligence large language model for Arabic has been unveiled, aiming to bring one of the world's most widely used languages into the AI mainstream.
India's Gross Domestic Product (GDP) registered a growth of 7.8 percent in the April-June quarter of the current fiscal (2023-2024), compared to a growth of 6.1 percent in the previous January-March quarter of fiscal 2022-23. According to official data shared by the National Statistical Office.
The Archaeological Survey of India (ASI) is set to launch its innovative Adopt a Heritage 2.0 programme on September 4, 2023, at the Samvet Auditorium, IGNCA, New Delhi.
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