The Hindu Analysis 12 July 2018

Government leaves decision on Section 377 to the court 

• The government chose not to take sides on the question of the legality of section 377 IPC, a provision that criminalises homosexuality, leaving the decision to the Supreme Court
• "We leave it to the wisdom of SC" said Additional Solicitor-General Tushar Mehta
• The government however specified that freedom to choose a partner does not extend to perversions like incest
•  Justice Chandrachud addressed Mr. Mehta to say that the prerogative of this hearing was to understand the nature of a relationship and bring it under the protection of article 21(fundamental right to life) of the constitution
• Chieft Justice Misra said the court is considering the issue of "protecting the relationship"
• He said the court was not confining the ambit merely to LGBTQ or sexual orientation. 

Some key remarks

• Declaration that the relationship is constitutional will remove 'ancillary disqualification' for people joining services or contesting elections. It will no longer be seen as moral turpitude remarked Chief Justice Dipak Misra       
• How strongly must you love knowing you are unconvicted felons? My Lords, this is love that must be constitutionally recognised and not just the sexual act said  Advocate Menka Guruswamy
•  It should not come to a situation where two homosexuals enjoying a walk on Marine Drive are disturbed by the polce. We want to protect the relationship said Justice D.Y. Chandrachud

 

 Adultery must remain a punishable offence : Centre

• The government on Wednesday submitted that dropping of adultery as an offence in the penal code will erode the sancity of marriage and be detrimental to the "intrinsic Indian ethos" 
• Centre said the provision punshing adultery-Section 497 of the Indian Penal Code - "Supports, safeguards and protects the institution of marriage" considering the "unique structure and culture of Indian society"

What is section 497?

• 497. Adultery.—Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.

  Gender Equality

• The Constitution Bench is scheduled to decide on whether the pre-Independence provision of adultery in the Indian Penal Code treats a married woman as her husband's "subordinate" and violates the constitutional concepts of gender equality and sensitivity
• The provision (Section 497) really creates a dent in the individual independent identity of a woman when emphasis is laid on the connivance or consent of the husband.  

7 years for ex-Navy man in leak case

• A Delhi court on Wednesday sentenced former Navy man, Captain Salam Singh Rathore (retd.) to seven years of imprisonment in the 2005 Navy War room leak case.
• However, the court acquitted Commander Jarnail Singh Kalra (retd.) in the case. “This court orders that convict Salam Singh Rathore is sentenced to rigorous imprisonment for seven years for the offence under Section 3(1) (c) of the Official Secrets Act, 1923,” special judge for CBI cases S.K. Aggarwal said.  
• The court had framed charges in the matter in 2014
• Rathore had joined Navy in July, 1994 and was posted as Deputy Director (Maritime) in acquisition wing of Defence Procurement Board till July 2005. He took voluntary retirement in January 2006 after his transfer from the acquisition wing and started working with a company in Uttar Pradesh
• During probe, CBI recovered 17 official documents from his possession relating to various issues such as annual acquisition plan and a note regarding cost of Brahmos missile. Nine of these documents were secret, four restricted and one confidential, CBI said in the charge-sheet

 

Roger Federer play cricket at Wimbeldon

•  During his Wimbledon fourth-round victory over Adrian Mannarino, Federer played a     textbook forward defensive shot that caught the eye of both tennis and cricket fans alike Mannarino was already handed a point after Federer’s shot landed outside the court, but the Swiss was seen going on his front-foot and defending the ball with the middle of his racquet and a perfect roll of the wrists.
• The official twitter account of Wimbledon posted a video of Federer playing the shot, asking the International Cricket Council (ICC) to rate it. The cricket governing body was quick to respond with an updated version of their batting rankings, placing the Swiss at the same place he was seeded at Wimbledon – No. 1.  

No sense in elite status for Jio 

• The Centre’s decision to grant the status of institute of eminence to Reliance Foundation’s proposed Jio Institute – provided it commences academic operations within three years – has not gone down well with the academic community, with teachers’ associations and veterans of the field wondering why the step was taken.
• The Centre has on its part said this was done under the greenfield – or, yet to come – category, which is different from the public and private institutions’ categories.
•  Former Jawaharlal Nehru University (JNU) Vice-Chancellor and eminent scientist S.K. Sopory said the very idea of a future institution being seen as institution of eminence did not make sense.
• “The most surprising is Jio Institute. It hasn’t even come up, which means there is no way of it proving itself,” he told The Hindu , saying that eminence required a reputation an institution has earned.
• Academic Ramachandra Guha tweeted, “This preferential treatment to an Ambani University that does not yet exist is shocking. Particularly when several first-rate private universities have been bypassed.” The Delhi University Teachers’ Association said: “The inclusion of clauses which allow paper proposals to qualify as an eminent institution is an academic corruption of the highest order.” 

 

India cuts Iranian oil imports in June ahead of U.S sanctions

• Indian refiners cut imports of Iranian oil last month to avoid sanctions by the United States that are set to take effect in November
• India’s monthly oil imports from Iran declined to 5,92,800 barrels per day (bpd) in June, down 16% from May, according to data from industry and shipping sources
• The United States in May said it would reimpose the sanctions after withdrawing from a 2015 agreement with Iran, Russia, China, France, Germany, and Britain, where Tehran agreed to curb its nuclear activities in return for the lifting of earlier sanctions
• The Government of India, Iran’s top oil client after China, asked refiners last month to prepare for drastic reductions or even zero Iranian oil imports. 
• The first set of sanctions will take effect on August 6 and the rest, notably in the petroleum sector, following a 180-day” wind-down period” ending on November 4
• U.S. officials said in June they would push countries to reduce their Iranian oil imports to zero.
• The Indian refiners will want to comply with the limits to maintain their access to the U.S. financial system.
•  “Trump administration will push for zero crude, condensate and products exports from Iran,” said Sri Paravaikkarasu, head of East of Suez Oil at energy consultancy FGE.
• “The zero tolerance policy and the pace with which it is moving no doubt concerns Iran’s current crude buyers.”                               

U.S. threatens to impose fresh tariffs on China

• The United States has escalated a trade war with China, threatening to impose fresh tariffs on another $200 billion in Chinese goods as soon as September, sparking a furious reaction in Beijing.
• The latest shot in a spiralling trade conflict between the world’s top two economies came just days after tit-for-tat tariffs on $34 billion in goods came into effect.
• U.S. Trade Representative Robert Lighthizer late on Tuesday accused China of retaliating to its tariffs “without any international legal basis or justification”.

Trump's Order

• President Donald Trump has therefore ordered the trade department to “begin the process of imposing tariffs of 10% on an additional $200 billion of Chinese imports”, Mr. Lighthizer said in a statement.
• The eventual goal is to impose tariffs on 40% of Chinese imports, the same proportion of U.S. goods hit by Beijing’s retaliation, an official told reporters.

 Typical Bullying

• China’s Commerce Ministry said on Wednesday that it was “shocked” and would complain to the World Trade Organisation, but did not immediately say how it would retaliate. In a statement, it called the U.S. actions “completely unacceptable”.
• The Foreign Ministry described Washington’s threats as ”typical bullying” and said China needed to counter attack to protect its interests.

 

India eyes top spot against England in ODIs 

• India can reclaim the top spot in the International Cricket Council ODI rankings if it blanks England 3-0 in the three-match series beginning today 
• England and India, currently ranked first and second respectively, play the first match of their upcoming series in Nottingham on Thursday, in what will kick off a month-long extravaganza of One-Day Internationals featuring 10 sides, spread across four continents.  
• India, who had beaten England 2-1 in the Twenty20 International series, had conceded the top ranking to England at the annual update on May 2 but it will get a chance to claim back the spot.
• But for that, they will have to blank their opponents 3-0. England, on the other hand, will run up a lead of 10 points at the top of the table if they win by the same margin, the ICC said in a release.

Champion Roger Federer looses to Kevin Anderson

• Top seed Federer, who was aiming for a record-equalling ninth singles title, missed a match point in the third set
• It proved pivotal as the South African recovered to win 2-6 6-7 (5-7) 7-5 6-4 13-11 in four hours and 13 minutes
• Eight-time champion Federer has already won more Wimbledon singles titles than any other man, but was aiming to equal Martina Navratilova's all-time record
• Defeat also ended the Swiss' chance of a romantic reunion in the final with second seed Rafael Nadal in the final. It would have happened on the 10th anniversary of their epic meeting in the 2008 final.

FIFA 2018: Mandzukic sends Croatia to first World Cup final 

• They charged forward — brimming with the exuberance of youth — un-rattled by the opponents, unmindful of the weight of the nation’s misfiring sporting chronicles. They charged with their sabers rattling; ready to be sacrificed in a quest for an age-defying victory that was never to come.
• While this was no battlefield of the Balaclava, the English charge — fuelled by the dreams of an inexperienced team — fought toe-to-toe but was left undone by a Croatian challenge, succumbing to a 2-1 defeat after a grueling 120 minutes of football. It is not coming home after all.
• The winning goal finally came in the 109th minute and it was Mandzukic — after missing a few — who provided a cool finish with an irresistible low shot across Pickford when a tired England defence failed to clear a high ball.
• It will be a France and Croatia final, with England left to lick its wounds and the possibility of a third spot when its takes on Belgium in the play-offs.