Current based PRELIMS QUESTION 18 May 2020

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1. Consider the following statements regarding the Advocate General of the State.
1. Article 165 deals with the Advocate General for the State.
2. The term, grounds for removal, remuneration is fixed by the constitution and the governor is so determine.
3. He enjoys all the privileges and immunities that are available to a member of the state legislature.
Which of the statement(s) given above is/are correct?
(a) 2 and 3 only
(b) 1 and 2 only
(c) 1 and 3 only
(d) 1, 2 and 3

  1. Answer-c
    Explanation
    Advocate General of the State
    Article 165 deals with the Advocate General for the State and Article 177 deals with the rights of Ministers and Advocate General as respects the Houses.
    The Advocate General is the highest law officer in the state. He is responsible to assist the state government in all its legal matters. He defends and protects the interest of the state government. The office of the Advocate General in state corresponds to the office of Attorney General of India.
    Appointment and Term of Office
    The Governor appoints the Advocate General of the state. The person who is appointed should be qualified to be appointed a judge of a high court. That means, he should be a citizen of India and should have held a judicial office for ten years or been an advocate of a high court for ten years.
    The constitution does not provide for fixed tenure to the Advocate General. So, he holds office during the pleasure of the governor of the state concerned. He can be removed by the governor at any time. There is no procedure or ground mentioned in the constitution for his removal.
    The Advocate General receives such remuneration as the governor may determine. The constitution has not fixed the remuneration of the Advocate General.
    Duties and Functions
    Below are the duties and functions of the Advocate General:
    (1) He gives advice to the government of the state upon such legal matters, which are referred or assigned to him by the governor.

(2) He performs such other duties of a legal character that are referred or assigned to him by the governor.
(3) He discharges the functions conferred on him by or under the Constitution or any other law.
Rights
Following are the rights of the Advocate General:
(1) In the performance of his official duties, he has the right of audience in any court in the State.
(2) He has the right to speak or to take part in the proceedings of state legislature, but without a right to vote.
(3) He has the right to speak or to take part in the meeting of any committee of the state legislature of which he is named as a member, but without a right to vote.
(4) He enjoys all the privileges and immunities that are available to a member of the state legislature.
Limitations
(1) He should not advise or hold a brief against the Government of state.
(2) He should not advise or hold a brief in cases in which he is called upon to advise or appear for the Government of state.
(3) He should not defend accused persons in criminal prosecutions without the permission of the Government of state.
(4) He should not accept appointment as a director in any company or corporation without the permission of the Government of state.

2. Consider the following statements regarding the Right to Life & Personal Liberty.
1. The Supreme Court has held that right to live also include Right to live with dignity.
2. The expression “Procedure established by law” implies that life and personal liberty of a person cannot be encroached upon arbitrarily without the proper sanction and provision of law.
3. Passive euthanasia is legal under strict guidelines.
Which of the statement(s) given above is/are correct?
(a) 2 and 3 only
(b) 1 and 2 only
(c) 1 and 3 only
(d) 1, 2 and 3
Answer-d
Explanation
Protection of Life and Personal Liberty and Implied Fundamental Rights
Article 21 says that no person shall be deprived of his life or personal liberty except according to procedure established by law. This article protects the right of life and personal liberty not only from executive action but also from the legislative action. This right extends to citizens as well as noncitizens.
In context with this article, the Supreme Court has held that Part III of the constitution should be given widest possible interpretation and a fundamental right is not necessarily that one, which is specified in an article. Even if it is not specified in an article, but if it is integral part of a named fundamental right or partakes the same basic nature and character as that of a fundamental right.
This article gives way an array of several human rights which are called Implied Fundamental Rights.
Implied Fundamental Rights
The interpretation of the Article 21 by the Supreme Court has opened a new chapter of human rights jurisprudence. In several cases, the court has held the following as implied fundamental rights, though not all of them have been specifically mentioned.
Various rights under Article-21
1. Right to Speedy Trial
2. Right to Travel Abroad
3. Right to Dignity
4. Right to Privacy
5. Right to Clean Environment
6. Right to Livelihood
7. Right to marriage
8. Right against torture
9. Right against Bondage
10. Right to legal aid
11. Right to Food.
12. Right to shelter
13. Right against solitary confinement
14. Right to social justice and economic empowerment
15. Right against handcuffing
16. Right against custodial death
17. Right against delayed execution
18. Doctors’ assistance
19. Right against public hanging
20. Protection of cultural heritage
21. Right of every child to a full development
22. Right to health and medical aid
23. Protection of under-trials

In the same way, Supreme Court has also held that Freedom of speech and expression guaranteed under Article 19(1) includes the right to know, right to information and right to reply.
It must be noted here that Right to life does not include Right to Die or Right to get killed i.e. mercy killing. Capital Punishment has not been held violative of Article 14, 19 and 21. Hanging as a mode of execution is also fair and just as per Supreme Court.
The Supreme Court has held that right to live also include Right to live with dignity.
Procedure established by law versus due process of law
This article in the original drafted constitution used the words “no person is to be deprived of his life or liberty without due process of law”. The drafting committee changed it to “No person shall be deprived of his life or personal liberty except according to procedure established by law” giving the reason that liberty should be qualified by the word personal, so that unnecessary interpretation may be avoided. The expression “Procedure established by law” is more definite phrase and this phrase finds the place in the Japanese Constitution of 1946. It implies that life and personal liberty of a person cannot be encroached upon arbitrarily without the proper sanction and provision of law.
A few important cases concerned with Article 21:
AK Gopalan Case (1950): Until the 1950s, Article 21 had a bit of a narrow scope. In this case, the SC held that the expression ‘procedure established by law’, the Constitution has embodied the British concept of personal liberty rather than the American ‘due process’.
Maneka Gandhi vs. Union of India Case (1978): This case overturned the Gopalan case judgement. Here, the SC said that Articles 19 and 21 are not watertight compartments. The idea of personal liberty in Article 21 has a wide scope including many rights, some of which are embodied under Article 19, thus giving them ‘additional protection’. The court also held that a law that comes under Article 21 must satisfy the requirements under Article 19 as well. That means any procedure under law for the deprivation of life or liberty of a person must not be unfair, unreasonable or arbitrary.
Francis Coralie Mullin vs. Union Territory of Delhi (1981): In this case, the court held that any procedure for the deprivation of life or liberty of a person must be reasonable, fair and just and not arbitrary, whimsical or fanciful.
Olga Tellis vs. Bombay Municipal Corporation (1985): This case reiterated the stand taken earlier that any procedure that would deprive a person’s fundamental rights should conform to the norms of fair play and justice.
Unni Krishnan vs. State of Andhra Pradesh (1993): In this case, the SC upheld the expanded interpretation of the right to life. The Court gave a list of rights that Article 21 covers based on earlier judgements.
Puttaswamy judgement
Puttaswamy judgement which holds that the right to privacy is protected as a fundamental constitutional right under Articles 14, 19 and 21 of the Constitution of India.
Rape as violation of right to life
Right to life includes the right to live with human dignity. Women also have the right to life and liberty. Their honour and dignity cannot be outraged or violated. They also have the right to lead an honourable and peaceful life. In Bodhisattawa Gautham v. Subhira Chakroborthy, it was held that rape is a crime not only against the person, but also against the entire society. It destroys the entire psychology of a woman and pushes her into deep emotional crisis. It is crime again basic human rights and it violates right to life.
Right to Life and Suicide
Section 309 of the Indian Penal Code (IPC) makes attempted suicide a criminal offence which is punishable with imprisonment and fine.
There were many debates on whether this should continue since mental health experts have argued that people who attempt suicide need adequate counselling and not punishment.
The Mental Healthcare Act, 2017 was passed by the Parliament and the law came into force in 2018. This Act is meant to provide “for mental healthcare and services for persons with mental illness and to protect, promote and fulfill the rights of such persons during delivery of mental healthcare and services.”
This law decriminalises suicide in India.
The law states, “Notwithstanding anything contained in section 309 of the Indian Penal Code, any person who attempts to commit suicide shall be presumed, unless proved otherwise, to have severe stress and shall not be tried and punished under the said Code”.
Arguments against decriminalising suicide:
No person has a complete autonomy with respect to his/her life. He/she has a duty with respect to his family. In many cases, a person’s suicide could lead to a family being destitute.
Decriminalising suicide might lead to decriminalising the abetment to suicide. The counterargument to this point is that suicide alone can be decriminalised by having the necessary amendments or legal provisions to cover abetment to suicide.
Arguments in favour of decriminalising suicide:
This is the only case where an attempt to a crime is punishable and not the crime itself (because a person becomes beyond the reach of law if suicide is complete).
Suicide is committed/attempted by people who are depressed and under severe stress. People who attempt suicide need counselling and medical help, not a jail warden’s severe authority.
Decriminalising an attempt to suicide is different from conferring the ‘right to die’.
Right to Life and Euthanasia
There are many debates on whether the right to life also extends to the right to die, especially to die with dignity. Euthanasia is a topic that is frequently seen in the news. Many countries have legalised euthanasia (the Netherlands, Belgium, Colombia, and Luxembourg).
Euthanasia is the practice of intentionally ending life in order to relieve suffering and pain. It is also called ‘mercy killing’.
There are various types of euthanasia: Passive and Active.
Passive Euthanasia: This is where treatment for the terminally-ill person is withdrawn, i.e., conditions necessary for the continuance of life are withdrawn.
Active Euthanasia: This is where a doctor intentionally intervenes to end someone’s life with the use of lethal substances.
This is different from physician-assisted suicide where the patient himself administers the lethal drugs to himself. In active euthanasia, it is a doctor who administers the drugs.
Voluntary euthanasia: Under this, euthanasia is carried out with the patient’s consent.
Non-voluntary euthanasia: Under this, patients are unable to give consent (coma or severely brain-damaged), and another person takes this decision on behalf of the patient.
Involuntary euthanasia: Euthanasia is done against the will of the patient, and this is considered murder.
International Position on Euthanasia:
In the Netherlands and Belgium, both euthanasia and physician-assisted suicide are legal.
In Germany, euthanasia is illegal while physician-assisted suicide is legal.
Both euthanasia and physician-assisted suicide are illegal in India, Australia, Israel, Canada and Italy.
Euthanasia in India
Passive euthanasia has been made legal in India.
In 2018, the SC legalised passive euthanasia by means of the withdrawal of life support to patients in a permanent vegetative state.
This decision was made as a part of the verdict in the famous case involving Aruna Shanbaug, who had been living in a vegetative state for more than 4 decades until her death in 2015.
The court rejected active euthanasia by means of lethal injection. Active euthanasia is illegal in India.
As there is no law regulating euthanasia in the country, the court stated that its decision becomes the law of the land until the Indian parliament enacts a suitable law.
Passive euthanasia is legal under strict guidelines.
For this, patients must give consent through a living will, and should either be in a vegetative state or terminally ill.
Living Will: It is a legal document in which a person specifies what actions should be taken for their health if they are no longer able to make such decisions for themselves due to illness or incapacity.
When the executor (of the living will) becomes terminally ill with no hope of a recovery, the doctor will set up a hospital medical board after informing the patient and/or his guardians.

3. Consider the following statements regarding the Red Panda.
1. It is listed as Critically Endangered in the IUCN red list and under Schedule-I of the Indian Wildlife (Protection) Act, 1972.
2. It is found in the forests of India, Nepal, Bhutan and the northern mountains of Myanmar and southern China.
3. It is also the state animal of Sikkim.
Which of the statement(s) given above is/are correct?
(a) 2 and 3 only
(b) 1 and 2 only
(c) 1 and 3 only
(d) 1, 2 and 3
Answer-A
Explanation
Illegal Trade of Red Panda
The trade monitoring network TRAFFIC has released a report titled “Assessment of illegal trade-related threats to Red Panda in India and selected neighbouring range countries” recently.

The report has analysed poaching and illegal trade of the species for the ten-year period from July 2010 to June 2019.
Key Findings
The red panda survival is crucial for the eastern and north-eastern Himalayan subalpine conifer forests and the eastern Himalayan broadleaf forests.
The animal has been hunted for meat and fur, besides illegal capture for the pet trade.
An estimated 14,500 animals are left in the wild across Nepal, Bhutan, India, China and Myanmar.
The report has indicated that the traditional demand for red panda meat and related products has reduced over time.
Also, the reduction in poaching and illegal trade of red panda is indicative of the success of awareness campaigns about the conservation of the species.
Recommendations
Community-based conservation and protection for the species as its habitat stretches across remote areas.
Trans-boundary law enforcement co-operation through the use of multi-government platforms like SAWEN (South Asia Wildlife Enforcement Network).
SAWEN was formally established at an inter-governmental meeting hosted in Paro (a town in Bhutan) by the Royal Government of Bhutan, in January 2011.
It aims to establish multilateral collaboration to fight wildlife crime in the region.
Red Panda
Red Panda (Ailurus fulgens)
It is a reddish-brown arboreal (predominantly stay in trees) (not a marsupial) mammal.
It is slightly larger than a domestic cat with a bear-like body and thick russet fur.
The belly and limbs are black, and there are white markings on the side of the head and above its small eyes.
Red pandas are very skillful and acrobatic animals that predominantly stay in trees.
The belly and limbs are black, and there are white markings on the side of the head and above its small eyes.
Red pandas are very skillful and acrobatic animals that predominantly stay in trees.
They use their long, bushy tails for balance and to cover themselves in winter, presumably for warmth.
Primarily an herbivore, the name panda is said to come from the Nepali word ‘ponya,’ which means bamboo or plant eating animal.
About 5,000-6,000 red pandas are estimated to be present in four Indian states – Arunachal Pradesh, Meghalaya, Sikkim and West Bengal.
This is the second-largest population after China (6,000-7,000).
The only living member of the genus Ailurus, the Red Panda is listed as ‘endangered’ on the IUCN Red List of threatened species.
Almost 50% of the red panda’s habitat is in the Eastern Himalayas.
Red pandas are often killed when they get caught in traps meant for other animals such as wild pigs and deer.
They are also poached for their distinctive pelts in China and Myanmar. Red panda fur caps or hats have been found for sale in Bhutan.

4. Consider the following statements regarding the TRAFFIC – The Wildlife Trade Monitoring Network.
1. TRAFFIC is a nongovernmental organisation, working globally on trade in wild exclusively for animals.
2. TRAFFIC is a strategic alliance of IUCN and WWF.
3. Advising and supporting the enforcement of CITES has been an ongoing priority for TRAFFIC since its formation.
4. ReTTA, Wildlife-TRAPS, the Global Shark and Ray Initiative are the main initiatives of TRAFFIC.
Which of the statements given above is/are correct?
(a) 1, 2 and 3 only
(b) 2 and 3 only
(c) 2, 3 and 4 only
(d) 1, 2, 3 and 4
Answer-c
Explanation-
TRAFFIC – The Wildlife Trade Monitoring Network
TRAFFIC, the wildlife trade monitoring network plays a vital role in tackling illegal wildlife trade through conducting research and analysis, advocacy and awareness work and by supporting remedial action against illegal wildlife trade.
TRAFFIC is a leading non-governmental organisation working globally on trade in wild animals and plants in the context of both biodiversity conservation and sustainable development.
It is a joint program of WWF and IUCN – the International Union for Conservation of Nature.
TRAFFIC focuses on leveraging resources, expertise and awareness of the latest globally urgent species trade issues such as tiger parts, elephant ivory and rhino horn.
It was established in 1976 and has developed into a global network, research-driven and action-oriented, committed to delivering innovative and practical conservation solutions.
Headquarters: Cambridge, United Kingdom
It aims to ensure that trade in wild plants and animals are not a threat to the conservation of nature.
Illegal wildlife trade is one of the main reasons that many species are endangered.
For example, rhino poaching to fuel to demand for the illegal rhino horn trade reached an all-time high in 2011, with 448 rhinos poached in South Africa alone.
This could unravel years of conservation success with African rhinos.
Governance
The TRAFFIC is governed by the TRAFFIC Committee, a steering group composed of members of TRAFFIC’s partner organizations, WWF and IUCN.
TRAFFIC also works in close co-operation with the Secretariat of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
Its staff includes experts from a plethora of backgrounds: biologists, conservationists, academics, researchers, communicators or investigators, etc.
Functions
Since its establishment, it has helped in the evolution of the international wildlife trade treaties.
It focuses on leveraging resources, expertise and awareness of the latest globally urgent species trade issues such as tiger parts, elephant ivory and rhino horn.
Large scale commercial trade in commodities like timber and fisheries products are also addressed and linked to work on developing rapid results and policy improvements.
TRAFFIC and India
TRAFFIC operates as a Programme Division of WWF-India, based in New Delhi since 1991.
It has since worked closely with the National and the State Governments and various agencies to help study monitor and influence action to curb illegal wildlife trade.
Bridging the gap in effective wildlife law enforcement in India through capacity building programmes:
Under this programme, TRAFFIC provides training and inputs to a diverse group of officials working on wildlife enforcement and other related issues.
Conducting research and providing analysis on wildlife trade and its trends:
TRAFFIC India’s on-going projects include study on Leopard and Tiger poaching and trade in India, peacock feather trade, owl trade, and dynamics of hunting community, trade in medicinal plants, bird trade and more.
Awareness generation:
“Don’t Buy Trouble” is one of TRAFFIC India’s first consumer awareness campaigns that advise tourists to be careful of what they buy as souvenirs during their travels.
The campaign has been running successfully since 2008 at airports, Tiger reserves, national parks, wildlife resorts/hotels, travel agencies, schools, colleges and other prominent locations.
TRAFFIC’s latest campaign is the WANTED ALIVE series on the four Asian big cats- Tiger, Leopard, Snow Leopard and Clouded Leopard—all of them threatened by illegal trade in their body parts.
Encouraging international collaborations to fight wildlife crime:
TRAFFIC played a key role in bringing together the South Asian countries to form the South Asia Wildlife Enforcement Network (SAWEN).
SAWEN was formally established at an inter-governmental meeting hosted in Paro (a town in Bhutan) by the Royal Government of Bhutan, in January 2011.
The main aim of this initiative is to have the countries collaborate and cooperate to fight wildlife crime in the region.

5. Consider the following statements regarding the Namda Traditional craft.
1. Srinagar in Kashmir and Tonk in Rajasthan are the two major Namda making centres in India.
2. They are made from wool by practice of felting the wool rather than weaving it.
3. It is known to have come from Iran and was actively promoted in the state under the patronage of the Mughal monarchs and the Rajput royals.
Which of the following statements is/are correct?
(a) 2 and 3 only
(b) 1 and 2 only
(c) 1 and 3 only
(d) 1, 2 and 3
Answer-d
Explanation-
Namda Traditional Craft
Namda is a local term used for traditional felted wool floor coverings, made out of a coarse variety of wool.
Namda comes from the root word Namata (Sanskrit for woollen stuff).
Namda making is practised as a craft in several cultures, especially in the countries throughout Asia, viz. Iran, Afghanistan and India.
Srinagar in Kashmir and Tonk in Rajasthan are the two major namda making centres in India.
In India, it is known to have come from Iran and was actively promoted in the state under the patronage of the Mughal monarchs and the Rajput royals.
Rich hues and exquisite designing are the hallmarks of the handcrafted Namda.
Unique themes and floral patterns provide the themes for these masterpieces and flowers and leaves, buds and fruits are the essence of the designs.

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