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THE HINDU: Hope floats again on Section 377
Section 377 of the
Indian Penal Code, which criminalises gay sex, reflects only medieval
prejudice. A lost opportunity to invalidate it has been dramatically
resurrected. Two years ago, the Supreme Court declined to review its retrograde
decision of 2013 upholding the validity of Section 377.
By rejecting the review
petition, the court then failed to make use of an opportunity to revisit the
contentious Suresh
Kumar Koushal verdict and
bring the law in line with its own vision of fundamental rights, especially the
idea that equality and dignity cannot be denied to any section. The court has
now paved the way for a comprehensive hearing on how to protect the dignity and
rights of individuals with alternative sexual orientation by referring the
matter to a five-judge
Constitution Bench. The Chief Justice has noted that the case involves
questions with constitutional dimensions. The court has indicated that the
larger Bench could traverse beyond the limits of a curative petition, which is
essentially a limited, additional remedy to aggrieved litigants after the
Supreme Court’s final verdict and the rejection of a review. There is new hope
that the Delhi High Court judgment of 2009, reading down Section 377 to
restrict its criminal import to non-consensual sexual acts involving adults and
all sexual acts inflicted on minors, may be restored.
The latest
challenge to its continuance on the statute book comes in a fresh context where
the intervening years have seen considerable legal progress in the
jurisprudence of sexual orientation and gender identity. In April 2014, while
recognising the transgender community as a third gender entitled to the same
rights and constitutional protection as other citizens, a Bench of the Supreme
Court subtly recorded its criticism of Koushal. Departing from the Koushal formulation that there was no evidence
that Section 377 was an instrument of harassment, the Bench had highlighted the
misuse of the provision as one of the principal forms of discrimination against
the transgender community. Further, it observed that “even though insignificant
in numbers”, transgenders were entitled to human rights. That was obviously a
rebuttal of the earlier Bench’s claim that those affected by Section 377 were
only a “minuscule fraction of the population”, as though the relative smallness
of a group’s size disentitled it from constitutional protection. On the global
front, the United States Supreme Court held last year that the gay community
was entitled to due process and equal protection in the matter of marriage,
thus allowing same-sex marriages. In view of these developments, the time has
come for an honest judicial evaluation of where India stands on the issue of
homosexuality. Some may argue that it is up to the legislature to remedy the
situation. In the backdrop of a provision that continues to have criminal and
public health consequences for a section of society, the court has a duty to
enforce their fundamental rights rather than wait for the political class to come
up with a legislative remedy.
me·di·e·val
Of or relating to the
Middle Ages.
prej·u·dice
Preconceived opinion that
is not based on reason or actual experience
in·val·i·date
Make (an argument,
statement, or theory) unsound or erroneous.
res·ur·rect
Restore (a dead person)
to life
ret·ro·grade
Directed or moving
backward.
up·hold
Confirm or support
(something that has been questioned).
con·ten·tious
Causing or likely to
cause an argument; controversial.
dig·ni·ty
The state or quality of
being worthy of honor or respect.
cur·a·tive
Able to cure something,
typically disease.
ag·grieved
Feeling resentment at
having been unfairly treated.
lit·i·gant
A person involved in a
lawsuit.
in·flict
Cause (something
unpleasant or painful) to be suffered by someone or something.
con·tin·u·ance
The state of remaining in
existence or operation.
stat·ute
A written law passed by a
legislative body
in·ter·vene
Come between so as to
prevent or alter a result or course of events.
ju·ris·pru·dence
The theory or philosophy
of law.
sub·tle
(especially of a change
or distinction) so delicate or precise as to be difficult to analyze or
describe
re·but·tal
A refutation or
contradiction.
dis·en·ti·tle
Deprive (someone) of a
right.
THE
HINDU: Gearing up for the Zika threat
The World Health
Organization has declared that the outbreak
of Zika and congenital
malformations and neurological disorders in newborns believed to be connected
to the virus is a global public health emergency. Since the current outbreak
began in Brazil in May 2015, nearly 1.5 million people are reported to have
been affected. As of January 23, 4,180 suspected cases of microcephaly — a
foetal deformation where newborns have abnormally small heads — had been
reported in Brazil. There have also been cases of Guillain-Barré syndrome, a
condition in which the immune system attacks the nervous system, sometimes
resulting in paralysis. A causal relationship between Zika virus and
microcephaly is yet to be established, but it is strongly suspected as the
virus has been found in the placenta and amniotic fluid of infected mothers and
in the brains of foetuses and newborns. As the virus spreads in Latin America
and the Caribbean, it has become difficult to estimate the true scale of the
epidemic since the infection remains asymptomatic in nearly 80 per cent of
cases. The Zika virus has the potential to spread wherever the Aedes aegypti mosquito, that transmits the
infection, is found and where people lack natural immunity against it. As in
the case of Ebola, no specific treatment or vaccine is currently available for
the Zika virus; there are no rapid and reliable diagnostic tests either. All
this is likely to change as the WHO’s declaration galvanises international
response to improve surveillance, detect infections and study the causal link
between Zika infection and microcephaly and Guillain-Barré syndrome. However,
unlike diagnostic tests, vaccine development may face ethical problems as it
would need to be tested on pregnant women, who are the worst-affected.
Though
there are stray hints of the Zika virus spreading through bodily fluids, the
virus is normally spread by the Aedes mosquito.
The WHO has urged all countries where dengue is endemic to be on high alert and
look out for cases of Zika. The current natural immunity against the virus in
the Indian population is not known. And since the Aedes, the vector for both the dengue and
Zika viruses, is widespread in India, aggressive mosquito control measures are
needed. India’s poor mosquito control measures are highlighted every dengue
season — the number of reported cases doubled from 40,571 in 2014 to 84,391 in
2015 (up to November 15). Unlike in the case of Ebola, laboratory capacity to
confirm Zika cases is needed as clinical diagnosis is unreliable; moreover,
symptoms of Zika infection are similar to those of dengue. Besides the Delhi-based
National Centre for Disease Control and the Pune-based National Institute of
Virology, which are equipped to confirm Zika diagnoses, 10 regional
laboratories could assist in testing. Surveillance for case clusters and
newborns with typical symptoms too has been activated. The Union Health
Ministry has advised pregnant women to “defer/cancel” travel plans to
Zika-affected countries. Given the prevalence of the Aedes in India, public health
authorities must strengthen contingency plans.
con·gen·i·tal
(especially of a disease
or physical abnormality) present from birth.
mi·cro·ceph·a·ly
Abnormal smallness of the
head, a congenital condition associated with incomplete brain development.
fe·tal
Of or relating to a
fetus.
pla·cen·ta
A flattened circular
organ in the uterus of pregnant eutherian mammals, nourishing and maintaining
the fetus through the umbilical cord.
amniotic
Of or related to the
amnion or characterized by developing an amnion; "amniotic membrane"
stray
Move away aimlessly from
a group or from the right course or place
vec·tor
A quantity having
direction as well as magnitude, especially as determining the position of one
point in space relative to another
vi·rol·o·gy
The branch of science
that deals with the study of viruses.
con·tin·gen·cy
A future event or
circumstance that is possible but cannot be predicted with certainty.
BUSINESS STANDARD: RBI waits for
structural reform in Budget
The Reserve Bank of India (RBI) held rates steady on Tuesday,
as had been widely expected. In addition, it chose not to change the
cash-reserve ratio (CRR) of banks or to change the amount of liquidity it
provided the market through the liquidity adjustment facility, or LAF. The key
policy repo rate was thus kept unchanged, at 6.75 per cent. This was in spite
of what it said was a loss of momentum to growth in the third quarter of
2015-16 and tighter liquidity conditions. In essence, the RBI has chosen to
wait and watch for the government's actions in the coming months, in particular
the fiscal mathematics in the Union Budget that is to be presented about a
month from now. In fact, in his traditional post-announcement press conference,
RBI Governor Raghuram Rajan specifically referred to the fact that the RBI
would wait for the details of the government's plans in the Budget to revive
growth and lower inflation, and referred to them as a "package",
rather than as disparate steps.
The RBI's estimation of inflation risks remains, in Dr Rajan's words, "balanced". The monetary policy statement pointed out that, excluding petrol and diesel, consumer price inflation has largely remained flat. Crucially, inflation expectations remain elevated, in the RBI's opinion - anchoring expectations has been a crucial part of the RBI's strategy under Dr Rajan. The RBI said, largely, inflation was evolving as it had expected, and would hit five per cent by March 2017. However, it did sound a warning: the implementation of the Pay Commission award, it said, had not been factored into this trajectory. Control of inflation should be a major factor in the government's decision about implementing the Pay Commission award; as this newspaper has argued, it should seriously consider simply delaying the implementation for a year.
The RBI said growth momentum was below what should be expected for the medium term. Many argue that the revival of investment and therefore high growth will depend on lower real interest rates. But the RBI argued that, while its stance was accommodative, a commitment to low inflation and fiscal rectitude on the part of the government was essential to lay the foundations for stable and sustainable growth. This reinforces Governor Rajan's statement recently when he warned against pump-priming the economy to restore growth, saying that abandoning fiscal consolidation would be counter-productive and unsustainable. It is very clear that the ball is now in the government's court. If monetary policy is to become properly growth-supporting, then the government must create space for it. And this, the statement said, would require "structural reforms" in the Budget that "boost growth while controlling spending". The message from Mint Road to North Block is clear: that rates will only drop if the Budget demonstrates a clearer commitment to controlling spending and to deep-rooted structural reform than has been on offer of late. The government must look for creative ways to rein in spending, to enhance infrastructure investment, and to boost deregulation of factor markets in order to ensure that investment takes off. Easy money is not a solution.
The RBI's estimation of inflation risks remains, in Dr Rajan's words, "balanced". The monetary policy statement pointed out that, excluding petrol and diesel, consumer price inflation has largely remained flat. Crucially, inflation expectations remain elevated, in the RBI's opinion - anchoring expectations has been a crucial part of the RBI's strategy under Dr Rajan. The RBI said, largely, inflation was evolving as it had expected, and would hit five per cent by March 2017. However, it did sound a warning: the implementation of the Pay Commission award, it said, had not been factored into this trajectory. Control of inflation should be a major factor in the government's decision about implementing the Pay Commission award; as this newspaper has argued, it should seriously consider simply delaying the implementation for a year.
The RBI said growth momentum was below what should be expected for the medium term. Many argue that the revival of investment and therefore high growth will depend on lower real interest rates. But the RBI argued that, while its stance was accommodative, a commitment to low inflation and fiscal rectitude on the part of the government was essential to lay the foundations for stable and sustainable growth. This reinforces Governor Rajan's statement recently when he warned against pump-priming the economy to restore growth, saying that abandoning fiscal consolidation would be counter-productive and unsustainable. It is very clear that the ball is now in the government's court. If monetary policy is to become properly growth-supporting, then the government must create space for it. And this, the statement said, would require "structural reforms" in the Budget that "boost growth while controlling spending". The message from Mint Road to North Block is clear: that rates will only drop if the Budget demonstrates a clearer commitment to controlling spending and to deep-rooted structural reform than has been on offer of late. The government must look for creative ways to rein in spending, to enhance infrastructure investment, and to boost deregulation of factor markets in order to ensure that investment takes off. Easy money is not a solution.
dis·pa·rate
Essentially different in
kind; not allowing comparison.
el·e·vat·ed
Situated or placed higher
than the surrounding area.
e·volve
Develop gradually, especially
from a simple to a more complex form.
tra·jec·to·ry
The path followed by a
projectile flying or an object moving under the action of given forces.
stance
The way in which someone
stands, especially when deliberately adopted (as in baseball, golf, and other
sports); a person's posture.
rec·ti·tude
Morally correct behavior
or thinking; righteousness.
a·ban·don
Give up completely (a
course of action, a practice, or a way of thinking).
un·sus·tain·a·ble
Not able to be maintained
at the current rate or level.
INDIAN
EXPRESS: The Iowa check
Iowa’s Republican caucuses had
picked Mike Huckabee in 2008 and Rick Santorum in 2012. As far as eventual
nominees go, the state couldn’t have got it more wrong. And yet, by handing Ted
Cruz a clear victory in the 2016 GOP primary, Iowa has deflated the Donald
Trump campaign in its first real test. On the Democratic side, Iowa had picked Barack Obama in 2008, to the surprise of one and all.
In 2016, Iowa’s Democratic caucuses appeared unable to choose between two
candidates, locking Hillary Clinton and Bernie Sanders in a dead heat, a 50-50
tie, with Clinton finally edging past by a tiny fraction of delegate votes.
The US presidential election’s
opening state enjoys more than symbolic significance. The momentum the winning
candidate picks up can, in theory, sustain him/her for the rest of the
campaign. Cruz’s was a victory of organisation and hard work over Trump’s enthusiasm
and media space. Widely expected to sweep all four primaries this month, Iowa
has subjected Trump to a rude reality check. In fact, the real takeaway from
the GOP results is Marco Rubio’s performance, almost pushing Trump down to No
3. The Republican establishment had hoped Trump’s perceived mass support would
evaporate in the ballot. In Iowa, his months-long wide leads disappeared
overnight, perhaps partly due to his refusal to participate in the last debate
that saw undecided voters flock overwhelmingly to Cruz and Rubio. The next
state, New Hampshire, is moderate, and it remains to be seen if Cruz can win
without the “very conservative” GOP voters who dominated Iowa, and then make a
pitch again for the conservative South.
The takeaway from the Democratic
primary is that Clinton steadily lost her 30-point lead over Sanders from three
months ago, resulting in a close contest that has dissuaded the state party
from declaring a winner for now. What’s certain is that a volatile election
season lies ahead for both parties.
iowa
A member of the Siouan
people formerly living in Iowa and Minnesota and Missouri
cau·cus
A meeting of the members
of a legislative body who are members of a particular political party, to
select candidates or decide policy.
e·ven·tu·al
Occurring at the end of
or as a result of a series of events; final; ultimate.
per·ceive
Become aware or conscious
of (something); come to realize or understand.
e·vap·o·rate
Turn from liquid into
vapor.
flock
A number of birds of one
kind feeding, resting, or traveling together.
dis·suade
Persuade (someone) not to
take a particular course of action.
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