Shifting Magnetic North Pole -RSTV⏱

Source :Rajya sabha T.V

Recently, it was observed that the Earth’s north magnetic pole had been exhibiting strange behavior and quickly moving away from Canada, even crossing the International Date Line last year. As of now, this pole has been redefined by the World Magnetic Model because of its rapid movement. This extreme wandering has caused increasing concerns over navigation, especially at high latitudes.

Earth’s Magnetic Field

Earth’s magnetic field surrounds and protects our planet from the hottest, most statically charged particles that the sun can throw our way. This shield — the natural product of molten ironswirling around the planet’s core – has had our backs for billions of years and has prevented Earth from becoming an irradiated, electrified wasteland.

The World Magnetic Model records those changes. The model is a joint product of the British Geological Survey and the United States National Oceanic and Atmospheric Administration. The two agencies were planning to report changes in the magnetic north pole, as they do every five years, at the end of 2019. But the pole has moved so quickly they had to release the information much sooner.

Scientists have found that the magnetic north pole is moving at a speed of about 55 kilometres every year. One hundred years ago, the pole was located near the coast of northern Canada. It crossed the International Date Line, the imaginary line running through the Pacific Ocean from the North Pole to the South Pole, in 2017. Now, the magnetic north pole is in the middle of the Arctic Ocean and moving towards Russia.

Why could this phenomenon be occurring?

Researchers have suggested that it may be because of the deeply embedded hydromagnetic waves, the movement of liquid iron in the Earth’s core, climate change, or a combination of all these factors.

The Earth’s physical structure is behind all this magnetic shifting. The planet’s inner core is made of solid iron. But the reason is turbulence in Earth’s liquid outer core. There is a hot liquid ocean of iron and nickel in the planet’s core where the motion generates an electric field.

The Earth itself spins on its axis. The inner core spins as well, and it spins at a different rate than the outer core. This creates a dynamo effect, or convections and currents within the core. This is what creates the Earth’s magnetic field — it’s like a giant electromagnet.

Exactly how the dynamo effect changes the field isn’t widely understood. Shifts in the core’s rate of spin and the currents within the molten material most likely affect the planet’s field and the location of the poles. In other words, the poles move because the convection in the core changes. These changes might also cause the poles to switch places. Irregularities where the core and mantle meet and changes to the Earth’s crust, like large earthquakes, can also change the magnetic field.

Uses of World Magnetic Model

1. The military uses the WMM for undersea and aircraft navigation, parachute deployment, and more.
2. Other governmental organizations, such as NASA, the Federal Aviation Administration, US Forest Service use this technology for surveying and mapping, satellite/antenna tracking, and air traffic management.
3. The constant shift is a problem for compasses in smartphones and some consumer electronics.
4. Airplanes and boats also rely on magnetic north, usually as backup navigation.
5. GPS isn’t affected because it’s satellite-based. But airplanes and boats do depend on magnetic north in emergencies.
6. Airport runway names are based on their direction toward magnetic north and their names change when the poles move. For example, the airport in Fairbanks, Alaska, renamed a runway 1L-19R to 2L-20R in 2009.
7. Migratory animals that use the Earth’s magnetic field would find it difficult to orient themselves.

Is Earth’s Magnetic Field About to Flip?

While the rapid movement of Earth’s magnetic North Pole may cause concern over the potential flip of magnetic poles, there is no evidence that such a flip is imminent. Geologists can interpret magnetic minerals in rocks around the world to reveal the history of magnetic reversals on Earth.

Earth’s magnetic poles have flipped many times in its history, with the latest reversal occurring 780,000 years ago and 183 times in the past 83 million years. When Earth’s magnetic poles do flip, it won’t be a catastrophic “end of the world” scenario. From examining fossil records, there is no evidence that a magnetic field reversal causes increased extinctions, volcanic activity, etc.

Note: The phenomenon called Aurora

The magnetic North Pole is responsible for more than just the direction a compass points. It’s also the source of the aurora borealis, the dramatic lights that appear when solar radiation bounces off the Earth’s magnetic field. This happens at the South Pole as well. In the southern hemisphere, the lights are called the aurora australas.

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India At OIC ☆

Geneva conventions

Geneva Conventions

They are a set of international treaties finalised in 1949, which set down the limits of acceptable conduct in war to ensure that warring parties remain humane to non-combatants such as civilians and medical personnel, as well as to combatants who are no longer participating in hostilities, such as prisoners of war, and wounded or sick soldiers. They have been  acceded to by all countries.

There are four set of conventions in all.
1.The first deals with the protection of wounded and sick soldiers on land during war; 

2. The second deals with the protection of wounded, sick and shipwrecked military personnel at sea during war
3.The third applies to prisoners of war
4.The fourth protects civilians, including those in occupied territory.

Additionally, there are 3 Protocols:
1.Protocol I of 1977 relates to the Protection of Victims of International Armed Conflicts
2. Protocol II, also of 1977, deals with the Protection of Victims of Non-International Armed Conflicts
3.Protocol III of 2005 is about the Adoption of an Additional Distinctive Emblem, of the Red Crystal, in addition to the Red Cross and Red Crescent.

• Authority - The Geneva Conventions have a system of “Protecting Powers” who ensure that the provisions are being followed by the parties.
• In theory, each side must designate states that are not party to the conflict as their “Protecting Powers”.
• In practice, the International Committee of the Red Cross (ICRC) has been mandated under the conventions to ensure the application of the law.
• ICRC visits prisoners, both military and civilian.

Is the convention applicable in the present conflict?

• Both India and Pakistan have been careful not to term the confrontation a war.
• India has specifically said that its airstrikes were a “non-military” intelligence-led operation.
• Nevertheless, both sides are bound by the Geneva Conventions.
• As, the provisions of the conventions apply at the following times:

1. in peacetime situations
2. in declared wars
3. in conflicts that are not recognised as war by one or more of the parties

• This means the IAF officer is a prisoner of war, and his treatment has to be in accordance with the provisions for PoWs under the Geneva Conventions.

What is prohibited under the convention?

• According to the provisions, the nations should avoid the following acts:

1. Violence to life and person, in particular, murder of all kinds, mutilation, cruel treatment and torture
2. taking of hostages
3. outrages upon personal dignity, in particular, humiliating and degrading treatment
4. the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court

• Any unlawful act or omission by the Detaining Power causing death or seriously endangering the health of a prisoner of war is prohibited.
• It will be regarded as a serious breach of the present Convention.
• Particularly, physical mutilation or medical/scientific experiments which are not justified medically and not in PoW's interest are prohibited.
• Likewise, PoWs must at all times be protected, particularly against acts of violence or intimidation and against insults and public curiosity.
• Any acts of vengeance against prisoners of war are prohibited as per Article 13 of the Convention.
• The responsibility for the "humane" treatment of PoWs lies with the detaining power, and not just the individuals who captured the PoW.

What rights is a PoW entitled to?

• Article 14 of the Convention lays down that PoWs are entitled to, in all circumstances, respect for their persons and their honour.
• In captivity, a PoW must not be forced to provide information of any kind under physical or mental torture, or any other form of coercion.
• Refusal to answer questions should not invite punishment.
• A PoW must be protected from exposure to fighting.
• Use of PoWs as hostages or human shields is prohibited.
• A PoW has to be given the same access to safety and evacuation facilities as those affiliated to the detaining power.
• Access to health facilities, prayer, recreation and exercise are also written in the Convention.
• The detaining power has to facilitate correspondence between the PoW and his family, and must ensure that this is done without delays.
• A PoW is also entitled to receive books or care packages from the outside world.

What about the release of prisoners?

• Parties to the conflict “are bound to send back” or repatriate PoWs, regardless of rank, who are seriously wounded or sick, after having cared for them until they are fit to travel.
• The conflicting parties are expected to write into any agreement they may reach to end hostilities and for the expeditious return of PoWs.
• Parties to the conflict can also arrive at special arrangements for the improvement of the conditions of internment of PoWs, or for their release and repatriation.
• E.g. at the end of the 1971 war, India had more than 80,000 Pakistani troops who had surrendered to the Indian Army after the liberation of Dhaka
• India agreed to release them under the Shimla Agreement of 1972.
• During the Kargil War, after intense diplomatic efforts, Pakistan returned Flight Lieutenant Nachiketa, who was captured after ejecting from his burning Mi27.
• In the present case, Pakistan can decide to send Wing Commander Abhinandan unilaterally, or negotiate his release with India.

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RIGHT TO STRIKE -INDIA

Introduction

Every right comes with its own duties. Most powerful rights have more duties attached to them. Today, in each country of globe whether it is democratic, capitalist, socialist, give right to strike to the workers. But this right must be the weapon of last resort because if this right is misused, it will create a problem in the production and financial profit of the industry. This would ultimately affect the economy of the country. Today, most of the countries, especially India, are dependent upon foreign investment and under these circumstances it is necessary that countries who seeks foreign investment must keep some safeguard in there respective industrial laws so that there will be no misuse of right of strike. In India, right to protest is a fundamental right under Article 19 of the Constitution of India. But right to strike is not a fundamental right but a legal right and with this right statutory restriction is attached in the industrial dispute Act, 1947.

Position in India

In India, unlike America, right to strike is not expressly recognized by the law. The trade union Act, 1926 for the first time provided limited right to strike by legalizing certain activities of a registered trade union in furtherance of a trade dispute which otherwise breach of common economic law.¹ Now days a right to strike is recognized only to limited extent permissible under the limits laid down by the law itself, as a legitimate weapon of Trade Unions.

The right to strike in the Indian constitution set up is not absolute right but it flow from the fundamental right to form union.² As every other fundamental right is subject to reasonable restrictions, the same is also the case to form trade unions to give a call to the workers to go on strike and the state can impose reasonable restrictions. In the All India Bank Employees Association v. I. T.³, the Supreme Court held,

"the right to strike or right to declare lock out may be controlled or restricted by appropriate industrial legislation and the validity of such legislation would have to be tested not with reference to the criteria laid down in clause (4) of article 19 but by totally different considerations."

Thus, there is a guaranteed fundamental right to form association or Labour unions but there is no fundamental right to go on strike.⁴ Under the Industrial Dispute Act, 1947 the ground and condition are laid down for the legal strike and if those provisions and conditions are not fulfilled then the strike will be illegal.

Provision of valid strike under the Industrial Dispute Act, 1947-

Section 2(q) of said Act defines the term strike, it says, "strike" means a cassation of work by a body of persons employed in any industry acting in combination, or a concerted refusal, or a refusal, under a common understanding of any number of persons who are or have been so employed to continue to work or accept employment. Whenever employees want to go on strike they have to follow the procedure provided by the Act otherwise there strike deemed to be an illegal strike. Section 22(1) of the industrial

Dispute Act, 1947 put certain prohibitions on the right to strike. It provides that no person employed in public utility service shall go on strike in breach of contract:

1. Without giving to employer notice of strike with in six weeks before striking; or
2. Within fourteen days of giving such notice; or
3. Before the expiry of the date of strike specified in any such notice as aforesaid; or
4. During the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings.

It is to be noted that these provisions do not prohibit the workmen from going on strike but require them to fulfill the condition before going on strike. Further these provisions apply to a public utility service only. The Industrial Dispute Act, 1947 does not specifically mention as to who goes on strike. However, the definition of strike itself suggests that the strikers must be persons, employed in any industry to do work.

Notice of strike

Notice to strike within six weeks before striking is not necessary where there is already lockout in existence. In mineral Miner Union vs. Kudremukh⁵Iron Ore Co. Ltd., it was held that the provisions of section 22 are mandatory and the date on which the workmen proposed to go on strike should be specified in the notice. If meanwhile the date of strike specified in the notice of strike expires, workmen have to give fresh notice. It may be noted that if a lock out is already in existence and employees want to resort to strike, it is not necessary to give notice as is otherwise required. In Sadual textile Mills v. Their workmen⁶ certain workmen struck work as a protest against the lay-off and the transfer of some workmen from one shift to another without giving four days notice as required by standing order 23. On these grounds a question arose whether the strike was justified. The industrial tribunal answered in affirmative. Against this a writ petition was preferred in the High Court of Rajasthen. Reversing the decision of the Tribunal Justice Wanchoo observed:

"…We are of opinion that what is generally known as a lightning strike like this take place without notice…. And each worker striking ….(is) guilty of misconduct under the standing orders …and liable to be summarily dismissed…(as)… the strike cannot be justified at all. "

General prohibition of strike-

The provisions of section 23 are general in nature. It imposes general restrications on declaring strike in breach of contract in the both public as well as non- public utility services in the following circumstances mainly: -

1. During the pendency of conciliation proceedings before a board and till the expiry of 7 days after the conclusion of such proceedings;
2. During the pendency and 2 month’s after the conclusion of proceedings before a Labour court, Tribunal or National Tribunal;
3. During the pendency and 2 months after the conclusion of arbitrator, when a notification has been issued under sub- section 3 (a) of section 10 A;
4. During any period in which a settlement or award is in operation in respect of any of the matter covered by the settlement or award.

The principal object of this section seems to ensure a peaceful atmosphere to enable a conciliation or adjudication or arbitration proceeding to go on smoothly. This section because of its general nature of prohibition covers all strikes irrespective of the subject matter of the dispute pending before the authorities. It is noteworthy that a conciliation proceedings before a conciliation officer is no bar to strike under section 23.

In the Ballarpur Collieries Co. v. H. Merchant⁷ it was held that where in a pending reference neither the employer nor the workmen were taking any part, it was held that section 23 has no application to the strike declared during the pendency of such reference.

Illegal Strike-

Section 24 provides that a strike in contravention of section 22 and 23 is illegal. This section is reproduced below:

1. A strike or a lockout shall be illegal if,
1. It is commenced or declared in contravention of section 22 or section 23; or
2. It is continued on contravention of an order made under sub section (3) of section 10 or sub section (4-A) of section 10-A.
2. Where a strike or lockout in pursuance of an industrial dispute has already commenced and is in existence all the time of the reference of the dispute to a board, an arbitrator, a Labour court, Tribunal or National Tribunal, the continuance of such strike or lockout shall not be deemed to be illegal;, provided that such strike or lockout was not at its commencement in contravention of the provision of this Act or the continuance thereof was not prohibited under sub section (3) of section 10 or sub section (4-A) of 10-A.
3. A strike declared in the consequence of an illegal lockout shall not be deemed to be illegal.

Consequence of illegal Strike-

Dismissal of workmen-

In M/S Burn & Co. Ltd. V, Their Workmen⁸, it was laid down that mere participation in the strike would not justify suspension or dismissal of workmen. Where the strike was illegal the Supreme Court held that in case of illegal strike the only question of practical importance would be the quantum or kind of punishment. To decide the quantum of punishment a clear distinction has to be made between violent strikers and peaceful strikers.⁹

In Punjab National Bank v. Their Employees¹⁰, it was held that in the case of strike, the employer might bar the entry of the strikers within the premises by adopting effective and legitimate method in that behalf. He may call upon employees to vacate, and, on their refusal to do so, take due steps to suspend them from employment, proceed to hold proper inquires according to the standing order and pass proper orders against them subject to the relevant provisions of the Act.

Wages-

In Cropton Greaves Ltd. v. Workmen,¹¹ it was held that in order to entitle the workmen to wages for the period of strike, the strike should be legal and justified. A strike is legal if it does not violate any provision of the statute. It cannot be said to be unjustified unless the reasons for it are entirely perverse or unreasonable. Whether particular strike is justified or not is a question of fact, which has to be judged in the light of the fact and circumstances of each case. The use of force, coercion, violence or acts of sabotage resorted to by the workmen during the strike period which was legal and justified would disentitle them to wages for strike period.

The constitutional bench in Syndicate Bank v. K. Umesh Nayak decided the matter, the Supreme Court held that a strike may be illegal if it contravenes the provision of section 22, 23 or 24 of the Act or of any other law or the terms of employment depending upon the facts of each case. Similarly, a strike may be justified or unjustified depending upon several factors such as the service conditions of the workmen, the nature of demands of the workmen, the cause led to strike, the urgency of the cause or demands of the workmen, the reasons for not resorting to the dispute resolving machinery provided by the Act or the contract of employment or the service rules provided for a machinery to resolve the dispute, resort to strike or lock-out as a direct is prima facie unjustified. This is, particularly so when the provisions of the law or the contract or the service rules in that behalf are breached. For then, the action is also illegal.

Right of employer to compensation for loss caused by illegal strike-

In Rothas Industries v. Its Union¹³, the Supreme Court held that the remedy for illegal strike has to be sought exclusively in section 26 of the Act. The award granting compensation to employer for loss of business though illegal strike is illegal because such compensation is not a dispute within the meaning of section 2(k) of the Act.

Conclusion

The right to strike is not fundamental or absolute right in India in any special and common law, Whether any undertaking is industry or not. This is a conditional or qualified right only available after certain pre-condition are fulfilled. If the constitution maker had intended to confer on the citizen as a fundamental right the right to go on strike, they should have expressly said so. On the basis of the assumption that the right to go on strike has not expressly been conferred under the Article 19(1) (c) of the Constitution. Further his Lordship also referred to the observation in Corpus Juris Secundum¹⁴ that the right to strike is a relative right which can be exercised with due regard to the rights of others. Neither the common law nor the fourteenth Amendment to the federal constitution confers an absolute right to strike.¹⁵ it was held in the case that the strike as a weapon has to be used sparingly for redressal of urgent and pressing grievances when no means are available or when available means have failed to resolve it. It has to be resorted to, to compel the other party to the dispute to see the justness of the demand. It is not to be utilized to work hardship to the society at large so as to strengthen the bargaining power. Every dispute between an employer and employee has to take into consideration the third dimension, viz. the interest of the society as whole.¹⁶ Recently Supreme Court held that if the strike is illegal then the employer have right to take action against the workers or employees who had taken part in the strike.

Footnotes

1. Buckingam and Carnatic Co. Case

2. article 19 of the constitution of India.

3. (1961-62) 21 FJR 63.

4. Kameswar v. State of Bihar, 1962 SCR 369.

5. (1989) 1 Lab LJ 227 (Karn).

6. (1958) 2 L.L.J. 628 Rajasthen.

7. (1967) 2 LLJ 201 Pat.

8. AIR 1959 SC 529.

9. Indian General Navigation and Railway Co. Ltd. V. Their Workmen, AIR 1960SC 219.

10. AIR 1960 SC 160.

11. (1978)3 SCC 155.

12. AIR 1994 SC 319.

13. AIR 1976 SC 425.

14. Coupus Juris Secundum, vol. 83 p.525.

15. S. Vasudevan and Others v. S.D. Mital, AIR 1962 Bom. 53.

16. Syndicate Bank v. K. Umesh Nayak, AIR 1994 SC319.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Contributor

Vijendra Vikram singh Paul

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National Youth Parliament 2019 ( Source PIB)

News

• Ministry of Youth Affairs and Sports has launched the National Youth Parliament Festival 2019 beginning the celebration of the National Youth Day 2019.

National Youth Parliament

1. Aim: To provide a chance to the youth to brainstorm about new India and to find ways and chalk out plans to realize our resolves before 2022.
2. The Ministry has proposed to take the Youth Festival to each district of the country and celebrate it as the “National Youth Parliament Festival”.
3. Organising District Youth Parliaments and taking the festival to the doorsteps of the youth would provide an opportunity to large number of youth of this country to participate.
4. National Youth Parliament Festival 2019 is organised on the theme of “Be The Voice of New India” and “Find solutions and contribute to policy”.
5. Youth in the age bracket of 18-25 years are invited to participate in the District Youth Parliaments.

National Youth Parliament Festival 2019

1. It will be conducted at three levels:

• District Youth Parliament (DYP) at the district level. The participants for DYP would be selected through two screening processes i.e. Digital and Walk-in screenings in Nodal Institution in each district.
• State Youth Parliament (SYP) at the State Level.
• National Youth Parliament (NYP) at the National Level.

2. A maximum of 50 best speakers from the Digital screening and 50 best speakers from Walk-in process, shortlisted by the Screening Committee in each district, will participate in the DYPs.
3. The best three speakers selected by a Jury from each District Youth Parliament will participate at the State Youth Parliament.
4. Similarly, the two best speakers selected from each State Youth Parliament will participate as speakers in the National Youth Parliament.
5. The highest scorer from each District in the District Youth Parliament (DYP) will participate in the National Youth Parliament (NYP) as a delegate.
6. The best three speakers at the National Youth Parliament will be awarded Rs. 2 Lakhs, Rs. 1.50 Lakhs and Rs. 1 Lakh respectively by the Prime Minister.

Why such move?

1. This is done in order to hear the voice of youth in this age bracket who are allowed to vote but cannot contest in elections.
2. It will also encourage the youth to engage with public issues, understand the common man’s point of view, form their opinion and express these in an articulate manner.
3. Relevant and effective voices on the vision of New India would be captured and documented to make these available to policy makers and implementors to take it forward.

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Sikkim will be the first state to roll out Universal Basic Income (UBI) by 2022

• Sikkim will be the first state to roll out Universal Basic Income (UBI) by 2022 and has started the process to introduce the unconditional direct cash transfer scheme.

Background

Background

1. The 2017 Economic Survey had flagged the UBI scheme as a conceptually appealing idea and a possible alternative to social welfare programmes targeted at reducing poverty.
2. It has been tested even in India, debated within the Finance Ministry as early as 2017.
3. It has been tried in Gujarat, Madhya Pradesh and tribal belts with fairly large samples and it has shown it works.

What is UBI?

1. A UBI would mean every single individual, regardless of their identity or economic status, is guaranteed a monthly income, transferred directly into their bank account by the government every month.
2. It has three key components: universality, unconditionality and agency – the last condition as a way to give people a choice in how to spend the transferred money.

How will it be financed?

1. The successful implementation of the hydropower projects by Sikkim has made it a surplus power generating state.
2. The state produces 2200 MW and it will go up to 3000 MW in the next few years.
3. The state’s requirement is only 200-300 MW and the rest goes to power trading firms.
4. This money will be utilized by UTI and it will be for everyone and every household.
5. The idea is to subsume other subsidies and allowances in order to provide a particular amount every month to people.

Feasibility Check

1. Sikkim has a literacy rate of 98 per cent and its monthly per capita expenditure in rural areas is Rs 1,444.06 and it is Rs Rs 2,538.11 for urban areas.
2. The BPL percentage has come down from 41.43% in 1994 to 8.19% in 2011-12.
3. The state will also restructure some social schemes and the “skewed” tax structure to find more resources.
4. With tourism being another source of revenue for the state – the state gets around 2.5 million tourists a year –there could be some cess in future to generate additional resource to implement the scheme.
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All about DNA technology Bill

DNA Technology Bill 

• The Bill that provides for regulation of use and application of DNA technology for establishing the identity of certain categories of persons, including offenders, victims, suspects and undertrials, was passed in Lok Sabha.

What it aims to bring?

1. The use of DNA data is also likely to be useful in quickly identifying missing persons and resolving criminal cases in which repeat offenders might be involved.
2. This includes offences under the IPC, 1860, as well as offences under other laws such as the Immoral Traffic (Prevention) Act, 1956, the Medical Termination of Pregnancy Act, 1971, the Protection of Civil Rights Act, 1955, and the Motor Vehicles Act, 1988.

DNA Technology (Use and Application) Regulation Bill, 2018 

1. The primary intended purpose for enactment of the bill is for expanding the application of DNA-based forensic technologies to support and strengthen the justice delivery system of the country.
2. The utility of DNA based technologies for solving crimes, and to identify missing persons, is well recognized across the world.
3. Other aims include Speedier justice delivery and Increased conviction rate.
4. Bill’s provisions will enable the cross-matching between persons reported missing and unidentified dead bodies found in various parts of the country, and also for establishing the identity of victims in mass disasters.
5. By providing for the mandatory accreditation and regulation of DNA laboratories, the Bill seeks to ensure the data remain protected from misuse or abuse in terms of the privacy rights of our citizens.
6. The Bill has two major components : the DNA databanks and the DNA Regulatory Board.

DNA databanks

1. There will be two kinds of databanks: a national one and multiple regional ones.
2. Every databank will maintain DNA data in one of the following categories: the crime scene index, the suspects’ or undertrials’ index, the offenders’ index, the missing persons’ index and an ‘unknown’ deceased persons’ index.

DNA Regulatory Board

1. The Regulatory Board will comprise 12 members.
2. Some of them will be experts in the field of biological sciences, whereas the others will be the director-general of the NIA, the directors of the CBI, the heads of the Centre for DNA Fingerprinting and Diagnostics and the Central Forensic Science Laboratory, and a member of the NHRC.
3. The principal responsibility of the Board will be to accredit DNA-testing labs from which data can be collected for the databank and ensure they maintain high quality standards at all times.
4. But in light of recent privacy and surveillance issues, the Board’s responsibility towards ensuring the DNA data is stored securely, used properly and only for identification purposes will also be under close watch.

Criticisms

Matter of Consent

1. Written consent is required from everyone for their DNA samples to be collected, processed and included in the database except from those who have committed crimes with punishment of 7+ years or death.
2. However, a similarly specific instruction is missing for the collection of DNA samples for civil matters. Such matters include parentage disputes, emigration or immigration and transplantation of human organs.
3. The Bill also doesn’t state that the consent has to be voluntary.

Civil Disputes

1. Second, it’s not clear if DNA samples collected to resolve civil disputes will also be stored in the databank (regional or national), although there is no index specific for the same.
2. If they will be stored, then the problem cascades because the Bill also does not provide for information, consent and appeals.
3. If a person’s DNA data has entered the databank, there is no process specified by which they can have it removed.
4. All of these issues together could violate the right to privacy.

Authenticity of DNA Labs

1. Third, there’s also the question of whether the DNA labs accredited by the Regulatory Board are allowed to store copies of the samples they analyse.
2. And if so, how the owners of those samples can ensure the data is safe or needs to be removed from their own indices.
3. It’s unclear if the Regulatory Board will oversee other tests performed at the accredited labs.
4. This could become necessary because, unlike one’s biometric data or PAN number, the human genome contains lots of information about every individual.

Overreaching access to identity

1. So a test undertaken to ascertain a person’s identity by analysing her DNA will in the process also reveal a lot of other things about that person, including information about their ancestry, diseases to which they are susceptible, etc. – i.e. information that the individual has a right to keep private.
2. The Bill does not specify which parts of an individual’s DNA can be analysed to ascertain their identity.
3. The more parts are subjected to analysis, the more conclusively a person’s identity can be established.
4. But this can’t be used as a license to parse more than is necessary, because then the DNA lab is also likely to reveal more information than it has the right to seek.

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Some facts of constutional assembly of India

FIRST DAY IN THE CONSTITUENT ASSEMBLY The Constituent Assembly met for the first time in New Delhi on 9 December, 1946 in the Constitution Hall which is now known as the Central Hall of Parliament House. Decorated elegantly for the occasion, the Chamber wore a new look on that day with a constellation of bright lamps hanging from the high ceilings and also from the brackets on its walls. Overwhelmed and jubilant as they were, the hon'ble members sat in semi-circular rows facing the Presidential dias. The desks which could be warmed electrically were placed on sloping green-carpeted terraces. Those who adorned the front row were Pandit Jawaharlal Nehru, Maulana Abul Kalam Azad, Sardar Vallabhbhai Patel, Acharya J.B. Kripalani, Dr. Rajendra Prasad, Smt. Sarojini Naidu, Shri Hare-Krushna Mahatab, Pandit Govind Ballabh Pant, Dr. B.R. Ambedkar, Shri Sarat Chandra Bose, Shri C. Rajagopalachari and Shri M. Asaf Ali. Two hundred and seven representatives, including nine women were present. The inaugural session began at 11 a.m. with the introduction of Dr. Sachchidananda Sinha, the temporary Chairman of the Assembly, by Acharya Kripalani. While welcoming Dr. Sinha and others, Acharyaji said: "As we begin every work with Divine blessings, we request Dr. Sinha to invoke these blessings so that our work may proceed smoothly. Now, I once more, on your behalf, call upon Dr. Sinha to take the Chair." Occupying the Chair amidst acclamation, Dr. Sinha read out the goodwill messages received from different countries. After the Chairman's inaugural address and the nomination of a Deputy Chairman, the members were formally requested to present their credentials. The First Day's proceedings ended after all the 207 members present submitted their credentials and signed the Register. Seated in the galleries, some thirty feet above the floor of the Chamber, the representatives of the Press and the visitors witnessed this memorable event. The All India Radio, Delhi broadcast a composite sound picture of the entire proceedings. SOME FACTS The Constituent Assembly took almost three years (two years, eleven months and seventeen days to be precise) to complete its historic task of drafting the Constitution for Independent India. During this period, it held eleven sessions covering a total of 165 days. Of these, 114 days were spent on the consideration of the Draft Constitution. As to its composition, members were chosen by indirect election by the members of the Provincial Legislative Assemblies, according to the scheme recommended by the Cabinet Mission. The arrangement was: (i) 292 members were elected through the Provincial Legislative Assemblies; (ii) 93 members represented the Indian Princely States; and (iii) 4 members represented the Chief Commissioners' Provinces. The total membership of the Assembly thus was to be 389. However, as a result of the partition under the Mountbatten Plan of 3 June, 1947, a separate Constituent Assembly was set up for Pakistan and representatives of some Provinces ceased to be members of the Assembly. As a result, the membership of the Assembly was reduced to 299. On 13 December, 1946, Pandit Jawaharlal Nehru moved the Objectives Resolution 1.This Constituent Assembly declares its firm and solemn resolve to proclaim India as an Independent Soverign Republic and to draw up for her future governance a Constitution; 2.WHEREIN the territories that now comprise British India, the territories that now form the Indian States, and such other parts fo India as are outside British India and the States as well as such other territories as are willing to be constituted into the Independent Soverign India, shall be a Union of them all; and 3.WHEREIN the said territories, whether with their present boundaries or with such others as may be determined by the Constituent Assembly and thereafter according to the law of the Constitution, shall possess and retain the status of autonomous Units, together with residuary powers and exercise all powers and functions of goverrnment and administration, save and except such powers and functions as are vested in or assigned to the Union, or as are inherent or implied in the Union or resulting therefrom; and 4.WHEREIN all power and authority of the Soverign Independent India, its constituent parts and organs of government, are derived from the people; and 5.WHEREIN shall be guaranteed and secured to all the people of India justice, social economic and political : equality of status, of opportunity, and before the law; freedom of thought, expression, belief, faith, worship, vocation, association and action, subject to law and public morality; and 6.WHEREIN adequate safeguards shall be provided for minorities, backward and tribal areas, and depressed and other backward classes; and 7.WHEREBY shall be maintained the integrity of the territory of the Republic and its soverign rights on land, sea, and air according to justice and the law of civilized nations; and 8.this ancient land attains its righful and honoured placed in the world and make its full and willing contribution to the promotion of world peace and the welfare of mankind. This Resolution was unanimously adopted by the Constituent Assembly on 22 January 1947. Late in the evening of 14 August, 1947 the Assembly met in the Constitution Hall and at the stroke of midnight, took over as the Legislative Assembly of an Independent India. On 29 August, 1947, the Constituent Assembly set up a Drafting Committee under the Chairmanship of Dr. B.R. Ambedkar to prepare a Draft Constitution for India. While deliberating upon the draft Constitution, the Assembly moved, discussed and disposed of as many as 2,473 amendments out of a total of 7,635 tabled. The Constitution of India was adopted on 26 November, 1949 and the hon'ble members appended their signatures to it on 24 January, 1950. In all, 284 members actually signed the Constitution. On that day when the Constitution was being signed, it was drizzling outside and it was interpreted as a sign of a good omen. The Constitution of India came into force on 2 6 January, 1950. On that day, the Assembly ceased to exist, transforming itself into the Provisional Parliament of India until a new Parliament was constituted in1952 Sessions of the Constituent Assembly First Session: 9-23 December, 1946 Second Session: 20-25 January, 1947 Third Session: 28 April - 2 May, 1947 Fourth Session: 14-31 July, 1947 Fifth Session: 14-30 August, 1947 Sixth Session: 27 January, 1948 Seventh Session: 4 November,1948 - 8 January, 1949 Eighth Session: 16 May - 16 June, 1949 Ninth Session: 30 July - 18 September, 1949 Tenth Session: 6-17 October, 1949 Eleventh Session: 14-26 November, 1949 [The Assembly met once again on 24 January, 1950, when the members appended their signatures to the Constitution of India] IMPORTANT COMMITTEES OF THE CONSTITUENT ASSEMBLY AND THEIR CHAIRMEN Name of the Committee Chairman Committee on the Rules of Procedure Rajendra Prasad Steering Committee Rajendra Prasad Finance and Staff Committee Rajendra Prasad Credential Committee Alladi Krishnaswami Ayyar House Committee B. Pattabhi Sitaramayya Order of Business Committee K.M. Munsi Ad hoc Committee on the National Flag Rajendra Prasad Committee on the Functions of the Constituent Assembly G.V. Mavalankar States Committee Jawaharlal Nehru Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas Vallabhbhai Patel Minorities Sub-Committee H.C. Mookherjee Fundamental Rights Sub-Committee J.B. Kripalani North-East Frontier Tribal Areas and Assam Exluded & Partially Excluded Areas Sub-Committee Gopinath Bardoloi Excluded and Partially Excluded Areas (Other than those in Assam) Sub-Committee A.V. Thakkar Union Powers Committee Jawaharlal Nehru Union Constitution Committee Jawaharlal Nehru Drafting Committee B.R. Ambedkar STATEWISE MEMBERSHIP OF THE CONSTITUENT ASSEMBLY OF INDIA AS ON 31 DECEMBER, 1947 PROVINCES-229 S.No State No. of Members 1. Madras 49 2. Bombay 21 3. West Bengal 19 4. United Provinces 55 5. East Punjab 12 6. Bihar 36 7. C.P. and Berar 17 8. Assam 8 9. Orissa 9 10. Delhi 1 11. Ajmer-Merwara 1 12. Coorg 1 INDIAN STATES-70 1. Alwar 1 2. Baroda 3 3. Bhopal 1 4. Bikaner 1 5. Cochin 1 6. Gwalior 4 7. Indore 1 8. Jaipur 3 9. Jodhpur 2 10. Kolhapur 1 11. Kotah 1 12. Mayurbhanj 1 13. Mysore 7 14. Patiala 2 15. Rewa 2 16. Travancore 6 17. Udaipur 2 18. Sikkim and Cooch Behar Group 1 19. Tripura, Manipur and Khasi States Group 1 20. U.P. States Group 1 21. Eastern Rajputana States Group 3 22. Central India States Group (including Bundelkhand and Malwa) 3 23. Western India States Group 4 24. Gujarat States Group 2 25. Deccan and Madras States Group 2 26. Punjab States Group I 3 27. Eastern States Group I 4 28. Eastern States Group II 3 29 Residuary States Group 4   Total 299

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