Data protection Bill

👉The Joint Committee on the Personal Data Protection Bill, 2019, headed by BJP MP P.P. Chaudhary, has presented its final report on the upcoming bill in both Houses of Parliament on 16 December.

❇️Major Recommendations:

✔️Remove the word ‘personal’ from the existing title of ‘Personal Data Protection Bill’.

✔️ This is intended to reflect that the bill, in order to better ensure privacy, will also be dealing with non-personal data, such as personal data that has been anonymised.

✔️Amend the section restricting the transfer of personal data outside India to say “sensitive personal data shall not be shared with any foreign government or agency unless such sharing is approved by the central government.

✔️No social media platform be allowed to operate in India unless its parent company, which controls the technology powering its services, sets up an office in the country.

✔️It proposes a separate regulatory body to be set up to regulate the media.

✔️Jail term of up to 3 years, fine of Rs 2 lakh or both if de-identified data is re-identified by any person.

✔️The word ‘personal’ ought to be dropped from the name of the Bill.

✔️Central government may exempt any government agency from the legislation only under exceptional circumstances.


#prelims2022 #importantTopics #Polity #CurrentAffairs2022 #UPSC


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Pegasus case

👉Pegasus is a spyware developed by an Israeli firm, NSO Group, to infiltrate smartphones — Android and iOS — and turn them into surveillance devices.

👉It is used as a tool to track criminals and terrorists for targeted spying and not mass surveillance.

👉NSO Group has affirmed that it sells the software only to governments.

👉The Supreme Court has set up a panel to investigate allegations of potential surveillance of mobile phones using the Pegasus spyware.

👉The Supreme court has underlined three key imperatives
The right to privacy of citizens

👉Freedom of the press including the right of journalists to ensure protection of their sources

👉Limits on the usage of national security as a shield by the government to block disclosure of facts related to citizen’s rights.

👉The court cited the Ram Jethmalani v. Union of India 2011 to say that the Government should not take an adversarial position when the fundamental rights of citizens are at threat.

👉The court said that the Union of India may decline to provide information citing security of the State or other specific immunity under a specific statute but they must prove and justify the same.

👉It has set seven terms of reference for the committee such as who procured Pegasus and whether the petitioners in the case were indeed targeted by use of the software, etc.

👉The court has also asked the committee to make recommendations on a legal and policy framework on cyber security to ensure the right to privacy of citizens is protected.

👉The government refused to file a detailed response to the allegations made by the petitioners citing national security as a reason.

👉The government also pled to set up its own probe which was rejected by the court.

👉The court said that such a course of action would violate the settled judicial principle against bias, i.e., “justice must not only be done, but also be seen to be done”.

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FCRA Licence of NGOs Revoked

👉The Union Ministry of Home Affairs (MHA) has cancelled the Foreign Contribution (Regulation) Act (FCRA), 2010 registration of various non-governmental organisations (NGOs).

👉The FCRA registration of Vadodara-based NGO is cancelled because it was accused of illegally converting members of the Hindu community, funding the anti-CAA protests and for criminal activities to strengthen Islam.

👉The FCRA registration of two other Christian NGOs — the New Hope Foundation, based in Tamil Nadu, and Holy Spirit Ministries from Karnataka were also cancelled.

👉The FCRA registration of AFMI Charitable Trust was cancelled by the MHA for violating the provisions of the Act.

👉Foreign funding of persons in India is regulated under FCRA act and is implemented by the Ministry of Home Affairs.

👉The FCRA regulates the receipt of funding from sources outside of India to NGOs working in India. It prohibits the receipt of foreign contributions “for any activities detrimental to the national interest”.

👉The Act also held that the government can refuse permission if it believes that the donation to the NGO will adversely affect “public interest” or the “economic interest of the state”.

👉The FCRA restrictions have serious consequences on both the rights to free speech and freedom of association under Articles 19(1)(a) and 19(1)(c) of the Constitution.


#CurrentAffairs2022 #importantTopics #prelims2022 #UPSC #Polity

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Impartiality of the Election Commission

👉The “informal interaction” of the CEC and two other Election Commissioners with the Prime Minister’s Principal Secretary has raised questions about the neutrality of the Commission, especially when elections to crucial States are around the corner.

👉The ECI is a constitutional authority whose responsibilities and powers are prescribed in the Constitution of India under Article 324.

👉In the performance of its functions, the Election Commission is insulated from executive interference.

👉It is the Commission that decides the election schedules for the conduct of elections, whether general elections or by-elections.

👉ECI decides on the location of polling stations, assignment of voters to the polling stations, location of counting centers, arrangements to be made in and around polling stations and counting centres and all allied matters.

👉The decisions of the Commission can be challenged in the High Court and the Supreme Court of India by appropriate petitions.

👉By long-standing convention and several judicial pronouncements, once the actual process of elections has started, the judiciary does not intervene in the actual conduct of the polls.


#CurrentAffairs2022 #ElectionCommission #Polity #prelims2022
#UPSC #importantTopics

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Delimitation commission

👉Delimitation is the act of redrawing boundaries of Lok Sabha and Assembly constituencies to represent changes in population and is done on the basis of the preceding Census.

👉This exercise is carried out by a Delimitation Commission, whose orders have the force of law and cannot be questioned before any court.

❇️Constitutional provisions:

✅Article 82: This provides the Parliament with the authority to enact a Delimitation Act after every Census.

✅Article 170: This provides for the States to get divided into territorial constituencies as per the Delimitation Act after every Census.

✔️The Union government sets up a Delimitation Commission once the Act is in force.

👉Objective to provide equal representation for equal population segments and a fair division of geographical areas so that no political party has an advantage.

✔️It is appointed by the President of India and works in collaboration with the Election Commission of India.

✔️Its members are a serving or retired Supreme Court judge, Chief Election Commissioner or an Election Commissioner nominated by CEC and Election Commissioners of the respective state.

✔️Its function is to determine the number and boundaries of constituencies, to identify seats reserved for SC/ST.

✔️It is a high power body whose orders have the force of law and cannot be called in question before any court.

✔️Delimitation Commissions have been set up four times — 1952, 1963, 1973 and 2002 under the Acts of 1952, 1962, 1972 and 2002.


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Multistate Cooperatives

👉The Centre has decided to amend the Multi State Cooperative Societies (MSCS) Act, 2002 to “plug the loopholes in the Act”.

👉Although Cooperatives is a state subject, there are many societies such as those for sugar and milk, banks, milk unions etc whose members and areas of operation are spread across more than one state.

👉For example, most sugar mills along the districts on the Karnataka-Maharashtra border procure cane from both states.

👉Maharashtra has the highest number of such cooperative societies at 567, followed by Uttar Pradesh (147) and New Delhi (133).

👉The MSCS Act was passed to govern such cooperatives.

👉Their board of directors has representation from all states they operate in.

👉Administrative and financial control of these societies is with the central registrar, with the law making it clear that no state government official can wield any control on them.

👉The exclusive control of the central registrar was meant to allow smooth functioning of these societies, without interference of state authorities.


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Manual Scavenging

👉It is defined as the removal of human excrement from public streets and dry latrines, cleaning septic tanks, gutters and sewers.

👉In the past, this referred to the practice of removing excreta from dry latrines.

👉However, new modern sanitation technologies brought new forms of manual scavenging work, which include manual and unsafe cleaning of drains, sewer lines, septic tanks and latrine pits.

👉First anti-manual scavenging Act was passed in 1993.

👉 No conviction was ever made under the Act. In 2013, Manual Scavengers and Their Rehabilitation Act was passed which reiterated the provisions of 1993 Act.

👉The offences were made cognizable and non-bailable. These provisions are not implemented effectively.

👉Only when fatal cases come to light, laws are referred to and mostly settled with negotiated compensation with no action on the culprit.

❇️Manual scavenging is regulated by the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013.

✅Under this, no person, local authority or agency should engage or employ people for hazardous cleaning of sewers and septic tanks.

✅Mechanised cleaning of septic tanks is the prescribed norm.
Safety gear for rare instances when human intervention is unavoidable is prescribed.

✅A violation can be punished with two years of imprisonment or fine or both.

✅It also prohibits the construction of insanitary latrines.

✅Each occupier of insanitary latrines shall be responsible for converting or demolishing the latrine at his/her own cost.

✅The District Magistrate and the local authority shall be the implementing authorities.


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Mekedatu Issue

👉Karnataka and Tamil Nadu are again at the crossroads against the Mekedatu dam project in the Cauvery River Basin.

👉Mekedatu, meaning goat’s leap, is a deep gorge situated at the confluence of the rivers Cauvery and Arkavathi, about 100 km from Bengaluru, at the Kanakapura taluk in Karnataka’s Ramanagara district.

👉In 2013, then Karnataka announced the construction of a multi-purpose balancing reservoir project.

👉The project aimed to alleviate the drinking water problems of the Bengaluru and Ramanagara districts.

👉It was also expected to generate hydroelectricity to meet the power needs of the state.

👉TN has objected over granting of permission or environmental clearance.

👉Explaining the potential for damage to the lower riparian state of TN, it said that the project was in violation of the final award of the Cauvery Water Disputes Tribunal.

👉It stated that the project will affect the natural flow of the river Cauvery considerably and will severely affect the irrigation in TN.

#prelims2022 #CurrentAffairs2022 #importantTopics #UPSC #waterDispute #states #Polity #CauveryWaterDisputesTribunal #River #Map

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Indu Malhotra Panel

👉The Supreme Court appointed an inquiry committee headed by former judge Justice Indu Malhotra to probe.

👉While setting up the inquiry committee, the bench headed by CJI and including Justices Surya Kant & Hima Kohli noted that, this matter cannot be left to one-sided enquiries.

👉The bench emphasised that, matter must be looked into by a judicially trained mind in a bid to submit a comprehensive report for court’s consideration.

👉Before that, SC had also ordered the Punjab and Haryana HC Registrar General to seize and secure all records related to the PM’s security on visit and keep them in safe custody.

👉Now, all the records will be handed over to Justice Indu Malhotra.

👉The Inquiry committee has been set by the supreme court to look into who is responsible for the security breach. Committee will also suggest safeguards, which are necessary for security of the PM and Constitutional functionaries.

👉The Inquiry Committee will be headed by Justice Indu Malhotra.

👉It will also include the Registrar General of Punjab and Haryana Court.

👉Director General of National Investigation Agency or an officer nominated by him, who is not below the rank of Inspector General
ADGP (Security) of Punjab Police.


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Assam Meghalaya border dispute

👉Assam and Meghalaya share an 885-km-long border. Meghalaya was carved out of Assam under the Assam Reorganisation Act, 1971, a law that it challenged, leading to disputes.

👉As of now, there are 12 points of dispute along their borders. These include the areas of Upper Tarabari, Gazang reserve forest, Hahim, Langpih, Borduar, Boklapara, Nongwah, Matamur, Khanapara-Pilangkata, Deshdemoreah Block I and Block II, Khanduli and Retacherra.

👉The states of the Northeast were largely carved out of Assam, which has border disputes with several states.

👉Assam’s border disputes with Arunachal Pradesh and Nagaland are pending in the Supreme Court.

👉Assam’s border disputes with Meghalaya and Mizoram are currently in the phase of resolution through negotiations.

👉The border dispute with Mizoram recently turned violent, leading to intervention from the Centre.

👉A major point of contention between Assam and Meghalaya is the district of Langpih in West Garo Hills bordering the Kamrup district of Assam.

👉Langpih was part of the Kamrup district during the British colonial period but post-Independence, it became part of the Garo Hills and Meghalaya.

👉Assam considers it to be part of the Mikir Hills in Assam. Meghalaya has questioned Blocks I and II of the Mikir Hills -now Karbi Anglong region – being part of Assam.

👉Meghalaya says these were parts of erstwhile United Khasi and Jaintia Hills districts.


#prelims2022 #importantTopics #CurrentAffairs2022 #UPSC #Map #Polity #Geography

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Hate Speech

👉The growing incidence of hate speeches, especially those targeting minorities, in combination with the judicial ambiguity has provided an opportunity to chart legislative reforms.

👉Hate speech is neither defined in the Indian legal framework nor can it be easily reduced to a standard definition due to the myriad forms it can take.

👉The Supreme Court, in Pravasi Bhalai Sangathan v. Union of India (2014), described hate speech as “an effort to marginalise individuals based on their membership in a group” and one that “seeks to delegitimize group members in the eyes of the majority, reducing their social standing and acceptance within society.”

👉The Indian Penal Code illegally uses speeches that are intended to promote enmity or prejudice the maintenance of harmony between different classes.

👉Specifically, sections of the IPC, such as 153A, which penalises promotion of enmity between different groups.

👉153B, which punishes imputations, assertions prejudicial to national integration.

👉505, which punishes rumours and news intended to promote communal enmity.

👉295A, which criminalises insults to the religious beliefs of a class by words with deliberate or malicious intention.

👉Amish Devgan v. Union of India (2020), the Supreme Court held that “hate speech has no redeeming or legitimate purpose other than hatred towards a particular group”.

#CurrentAffairs2022 #importantTopics #prelims2022 #Discrimination #Polity #Minorities #UPSC


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Criminalising Marital Rape

👉 A batch of petitions seeking criminalisation of marital rape, has been filled in the Delhi High Court.

👉The petition seeks to amend the criminal law, which includes Section 375 (rape) of the Indian Penal Code (IPC).

👉The grounds for “marital immunity” for rape prosecution have emerged from the patriarchal discourse in society.

👉Under the impact of the second wave of feminism in the seventies, Australia became the first common law country to pass reforms in 1976 and after it, many Scandinavian and European countries made rape in marriage a criminal offence.

👉Section 375 of the Indian Penal Code, which exempts forceful sexual intercourse by a man with his own wife from the offence of rape, provided the wife is above 15 years of age, also known as the “marital rape exception”.

👉This exception clause violates the women’s fundamental right to equality, freedom of speech and expression, and most of all the right to life and personal liberty.

👉The Justice J. S. Verma Committee, constituted in the aftermath of the horrific Nirbhaya gang rape in 2012.


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Vikas engine


👉The Indian Space Research Organisation (ISRO) recently conducted a successful qualification test of its High Thrust VIKAS Engine at the ISRO Propulsion Complex (IPRC) in Tamil Nadu’s Mahendragiri.

👉The Vikas engine will power the ambitious Gaganyaan mission into space.

👉It is a family of liquid fuelled rocket engines.

👉It is used in the Polar Satellite Launch Vehicle (PSLV) and the Geosynchronous Satellite Launch Vehicle (GSLV) series of expendable launch vehicles for space launch use.

👉With this launch, India will become the fourth nation in the world to launch a Human Spaceflight Mission after the USA, Russia and China.

👉The objective of the Gaganyaan programme is to demonstrate the capability to send humans to low earth orbit on board an Indian launch vehicle and bring them back to earth safely.


#importantTopics #CurrentAffairs2022 #prelims2022 #UPSC #Polity #ScienceandTechnology

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G23

👉It is a group of Congress party senior leaders who seek reform in the working of Congress party.

👉In August 2020, 23 senior Congress leaders wrote a letter to interim party chief Sonia Gandhi requesting immediate and active leadership and organizational rejig.

👉Amid the thinning base of the grand-old party, leaders have demanded a democratic set up within the national party as it struggled to have a leader, post-Sonia Gandhi’s resignation.

👉Some of the important leaders of this group are Ghulam Nabi Azad, Shashi Tharoor, Manish Tewari, Anand Sharma, Mukul Wasnik, Bhupendra Singh Hooda, M. Veerappa Moily, Prithviraj Chavan and Kapil Sibal, etc


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Disruptions in Parliament

👉Disruption is replacing discussion as the foundation of our legislative functioning.

👉The passionate debate is taking place everywhere other than in Parliament.

👉Moreover, the government is considering curtailing the monsoon session of Parliament, if this happens, then all four sessions since last year would have been cut short.

👉The first two because of Covid-19, 2021 budget session because of campaigning in state elections, and the ongoing session on account of disruptions.

👉Parliament’s job is to conduct discussions, but in recent years Parliament proceedings are marred by frequent disruptions.

👉A PRS (PRS Legislative Research) report says during the 15th Lok Sabha (2009-14), frequent disruptions of Parliamentary proceedings have resulted in the Lok Sabha working for 61% and Rajya Sabha for 66% of its scheduled time.

👉Another PRS report said, the 16th Lok Sabha (2014-19) lost 16% of its scheduled time to disruptions, better than the 15th Lok Sabha (37%), but worse than the 14th Lok Sabha (13%).

👉The Rajya Sabha lost 36% of its scheduled time. In the 15th and 14th Lok Sabhas, it had lost 32% and 14% of its scheduled time respectively.


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Lokayukta

👉Lokayukta is an anti-corruption authority or ombudsman – an official appointed by the government to represent the interests of the public.

👉Most importantly, it investigates allegations of corruption and mal-administration against public servants and is tasked with speedy redressal of public grievances.

👉The Administrative Reforms Commission headed by Late Morarji Desai in 1966 recommended the setting up of the institution of Lokayukta.

👉The Lokpal and Lokayukta Act, 2013, commonly known The Lokpal Act was passed by the Parliament of India in December 2013.

👉It provides for the appointment of a Lokayukta “to investigate and report on allegations or grievances relating to the conduct of public servants.”

👉It also called for the establishment of Lokpal at the Centre.

👉The Lokayukta is usually a former High Court Chief Justice or former Supreme Court judge and has a fixed tenure.

👉The Chief Minister selects a person as the Lokayukta after consultation with the High Court Chief Justice, the Speaker of the Legislative Assembly, the Chairman of the Legislative Council, Leader of Opposition in the Legislative Assembly and the Leader of Opposition in the Legislative Council.

👉The appointment is then made by the Governor.

👉Once appointed, Lokayukta cannot be dismissed nor transferred by the government, and can only be removed by passing an impeachment motion by the state assembly.

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#Polity

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Death Penalty


👉The Supreme Court has made the following suggestions on the applicability and imposition of death Penalty in its recent judgment.

👉Trial judges should not be swayed in favour of death penalty merely because of the dreadful nature of the crime and its harmful impact on the society.

👉 They should equally consider the mitigating factors in favour of life imprisonment.

👉The judgement referred to the evolution of the principles of penology.

👉 Though capital punishment serves as a deterrent and a “response to the society’s call for appropriate punishment in appropriate cases”, the principles of penology have “evolved to balance the other obligations of the society, i.e., of preserving the human life, be it of accused, unless termination thereof is inevitable and is to serve the other societal causes and collective conscience of society”.

👉The Law Commission in 2015, headed by Justice A P Shah proposed to abolish capital punishments. However, the commission had made the proposal only to non-terrorism cases.

👉According to the commission, India is one among few countries that still carry out executions.

👉The other countries that practice executions include Iran, Iraq, Saudi Arabia, China. By the end of 2014, 98 countries had abolished death penalty.

👉In the case of Bachan Singh (1980), the Supreme Court formulated a sentencing framework to be followed for imposing death penalty.

👉It required the weighing of aggravating and mitigating circumstances relating to both the circumstances of the offence and the offender, to decide whether a person should be sentenced to death or given life imprisonment.

👉According to the Bachan Singh judgement, for a case to be eligible for the death sentence, the aggravating circumstances must outweigh the mitigating circumstances.

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#Polity

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Bonafide Plea of Juvenility

👉The Supreme Court, while dismissing an appeal challenging the decision of the Punjab and Haryana High Court, held that a plea of juvenility has to be raised in a bonafide and truthful manner.

👉The Court said that if a document of dubious nature is relied on to seek juvenility, the accused cannot be treated to be juvenile keeping in view that the law is a beneficial legislation.

👉Juvenile offenders (age below 18 years) are given protection under the Juvenile Justice (Care and Protection of Children) Act, 2000 (JJ Act).

👉Under Section 7 A of the JJ Act, an accused person can raise the ‘claim of juvenility’ before “any court, at any stage, even after the final disposal of the case”.

👉The juvenile justice system concerns children who have conflicted with the law and need care and protection.
In India, a person below the age of 18 years is considered a juvenile.

👉Minor is a person who has not attained the age of full legal responsibility and the juvenile is a minor who has committed some offence or needs care and protection.

👉In India, any child below the age of 7 years can not be convicted of any crime because of the doctrine of Doli incapax which means incapable of forming intent to commit a crime.

👉Main Objective of the Juvenile Justice System is to rehabilitate young offenders and give them a second chance.

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Darkathon-2022

👉Narcotics Control Bureau, NCB, is organised in New Delhi the Darkathon -2022 to find solutions to counter drug trafficking through darknet across the globe.

👉The initiative aims at involving students, youth and technical experts to find effective solutions to unravel the anonymity of darknet markets.

👉 The agency recently smashed three groups of drug peddlers that were operating on the network that is accessed through encryption software which enables anonymity of users.


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#Polity

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Kuki tribe

👉The Kukis constitute one of several hill tribes within India, Bangladesh, and Myanmar.

👉In Northeast India, they are present in all states except Arunachal Pradesh.

👉Some fifty tribes of Kuki peoples in India are recognised as scheduled tribes.

👉The first resistance to British hegemony by the Kuki people was the Kuki Rebellion of 1917-19 after which their territory was subjugated by the British and divided between the administrations of British India and British Burma.

👉Up until their defeat in 1919, the Kukis had been an independent people ruled by their chieftains.

👉The majority of Kukis are Christians. Traditionally, the Kukis were animists.

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#ArtandCulture #Polity

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