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Distribution: yearly

  • Europe de-recognizes 6 Indian clearing corporations

    Central Idea

    • The European Securities and Markets Authority (ESMA) has de-recognised 6 clearing corporations in India as Third Country Central Counterparty (TC-CCP) with effect from April 30.
    • However, it allowed European banks to continue business with them till April 2023 without penal consequences.

    What are Clearing Corporations?

    • Clearing corporations, also known as central counterparties (CCPs), are financial institutions that act as intermediaries between buyers and sellers in financial markets.
    • They help to manage the risk of default by ensuring that each party involved in a trade has the necessary funds or securities to fulfil their obligations.
    • Clearing corporations also ensure that trades are settled in a timely and efficient manner.
    • In the context of this article, clearing corporations refer to those involved in the clearing and settlement of trades in India’s cash and derivatives market.

    Decisions by ESMA

    • ESMA has withdrawn recognition of six Indian clearing corporations including- CCIL, Indian Clearing Corporation Ltd, NSE Clearing Ltd, Multi Commodity Exchange Clearing, India International Clearing Corporation, and NSE IFSC Clearing Corporation.
    • ESMA asked Indian regulators to sign an agreement to give it the power to monitor and supervise the clearing corporations.
    • Indian regulators refused to give supervisory power to foreign entities in Indian clearing corporations.
    • ESMA recognised these clearing corporations as Third Country Central Counterparty (TC-CCP) in the EU region.

    India’s rebuttal

    • ESMA had asked the RBI and the Securities and Exchange Board of India (SEBI) to sign an agreement giving it the power to monitor and supervise the clearing corporations.
    • Indian regulators did not agree to give supervisory power to a foreign entity on Indian clearing corporations.

     

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  • Article 355 imposed in Manipur

    manipur

    Central Idea

    • Recently, unrest in the state of Manipur was triggered by a decision of the High Court to pursue a 10-year-old recommendation to grant Scheduled Tribe (ST) status to the non-tribal Meitei community.
    • In view of the prevailing unprecedented burning situation, the Centre has imposed Article 355 in the state, in an effort to control the situation, according to reliable sources.

    What is Article 355?

    • Article 355 of the Indian Constitution is a provision that empowers the Union government to protect every state in India against external aggression and internal disturbances.
    • It is a provision under Part XVIII of the Constitution, titled “Emergency Provisions”.
    • It is based on the principle of “duty to protect” enshrined in the Constitution, which makes it mandatory for the Union government to protect every state from external and internal threats.

    Restrictions under Article 355

    Under Article 355, the Union government has the power to issue directions to any state to ensure compliance with the Union’s laws and regulations. However, there are certain restrictions on this power:

    • The directions can only be given when there is a failure of the state machinery to comply with or give effect to any Union law or regulation.
    • The directions should be of an urgent nature and may not extend beyond the necessary period for remedying the failure of the state machinery.
    • The state government should be given an opportunity to submit its views before the issuance of such directions.
    • The Union government cannot use this power to intervene in the internal affairs of a state unless there is a failure of the state machinery.

    Duration of restriction

    • The duration of the assistance provided under Article 355 is not specified in the Constitution.
    • The Union government can withdraw its assistance when the situation is normalized or when the state government requests it to do so.
    • The duration of the assistance provided under Article 355 is subject to judicial review and can be challenged in court if it violates any fundamental rights or constitutional provisions.

    Circumstances of imposition

    Article 355 can be invoked by the President of India in certain circumstances, such as:

    1. When a state fails to comply with or to give effect to any of the directions given by the Union under the Constitution.
    2. When the security of India is threatened by external aggression or internal disturbance.
    3. When there is a threat to the unity and integrity of India due to any violent activities by any group or organization.
    4. When a state requests for assistance from the Union to maintain public order and the Union is satisfied that the situation in the state cannot be controlled by the state’s own forces.
    5. When a state fails to provide adequate protection to minorities, particularly in cases of communal violence.
    6. When a state government fails to ensure that the constitutional machinery is maintained in the state.

    Reasonable restrictions

    It is important to note that the use of Article 355 is subject to certain restrictions:

    1. The President cannot use this article on his/her own initiative; it must be done on the advice of the Union Council of Ministers.
    2. The use of Article 355 does not authorize the President to intervene directly in the affairs of the state.
    3. The President can use this article only to give directions to the state government, and not to the state legislature or the judiciary.
    4. The use of Article 355 should be limited in duration and scope, and should not result in the permanent erosion of the state’s autonomy or the violation of its constitutional rights.

    Centrestage of the row: Meitei Community

    • Manipur is geographically divided into the Imphal Valley and the surrounding hills.
    • The Imphal Valley is dominated by the non-tribal Meitei community, which accounts for more than 64% of the population.
    • The hills, which comprise 90% of Manipur’s geographical area, are inhabited by more than 35% recognized tribes, which are largely Christians.
    • The Meiteis are largely Hindus followed by Muslims, while the 33 recognized tribes are broadly classified into ‘Any Naga tribes’ and ‘Any Kuki tribes.’

    Behind the ST status: The Meitei Argument

    • The Manipur High Court directed the State government to submit a 10-year-old recommendation for the inclusion of the Meitei community in the Scheduled Tribe (ST) list.
    • The ST status is needed to “preserve” the community and “save the ancestral land, tradition, culture, and language” of the Meiteis.
    • The Meiteis were recognized as a tribe before the merger of the State with the Union of India in 1949.

    Tribal groups’ opposition to the ST Status

    • Advantaged community: Many tribal groups say the Meiteis have a demographic and political advantage besides being more advanced than them academically and in other aspects.
    • Benefits at others cost: They feel the ST status to the Meiteis would lead to loss of job opportunities and allow them to acquire land in the hills and push the tribals out.
    • Already benefited: The language of the Meitei people is included in the Eighth Schedule of the Constitution, and many of them have access to benefits associated with the SC, OBC, or EWS status.
    • Political vendetta: The demand for ST status is a ploy to attenuate the fervent political demands of the Kukis and Nagas, as well as a tacit strategy of the dominant valley dwellers to make inroads into the hill areas of the State.

    Immediate triggers of unrest

    • Some tribal groups with vested interests are trying to scuttle Chief Minister Nongthombam Biren Singh’s crusade against drugs.
    • The anti-drug drive began with destroying poppy fields and the theory that “illegal settlers” from Myanmar — ethnically related to the Kuki-Zomi people of Manipur — are behind clearing forests and government lands to grow opium and cannabis.
    • The first violent protest on March 10 was against the eviction of the residents of a Kuki village.
    • The large-scale arson and violence claiming the life of at least one person on May 3 and 4 followed a “tribal solidarity rally” against the reported move to include the Meiteis in the ST list.

     

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  • CBDC for efficient Cross-Border Payment

    cbdc

    Central Idea: RBI Deputy Governor T. Rabi Shankar commented on CBDC platforms and their potential impact on cross-border payments during the G20 TechSprint.

    About Central Bank Digital Currency (CBDC)

    • CBDC is a central bank-issued digital currency which is backed by some kind of assets in the form of either gold, currency reserves, bonds and other assets, recognised by the central banks as a monetary asset.
    • The present concept of CBDCs was directly inspired by Bitcoin, but a CBDC is different from virtual currency and cryptocurrency.
    • Cryptocurrencies are not issued by a state and lack the legal tender status declared by the government.

    Hurdles in Cross-Border Payments

    • Fragmented and truncated data formats: Lack of standardization in data formats creates inefficiencies in cross-border payments. Fragmented and truncated data formats create additional costs and delays in the processing of transactions.
    • Complex processing of compliance checks: Cross-border payments require compliance with different regulatory frameworks in different jurisdictions. Compliance checks can be complex and time-consuming, causing delays and additional costs.
    • Limited operating hours: Traditional banking systems have limited operating hours, which can cause delays in cross-border payments. International time zone differences also contribute to these challenges.
    • Legacy technology platforms: Traditional banking systems still rely on legacy technology platforms, which can be slow and outdated. This can lead to inefficiencies and delays in cross-border payments.
    • Long transaction chains: Cross-border payments often involve multiple intermediaries, which can lead to long transaction chains. Each intermediary adds additional costs and can increase the time it takes for a transaction to be completed.
    • Funding costs: Cross-border payments require funding in multiple currencies, which can lead to additional costs. Exchange rate fluctuations can also impact the cost of cross-border payments.
    • Weak competition: The lack of competition in the cross-border payments industry can contribute to inefficiencies and high costs. The dominance of a few large players can limit innovation and hinder the development of more efficient solutions.

    Potential benefits with CBDC

    • Less intermediaries: CBDC can reduce the need for multiple intermediaries in cross-border payments, leading to a faster and more efficient process.
    • Enhanced efficiency: It can increase the speed and efficiency of cross-border payments by reducing processing times and delays.
    • Enhanced integration: It can enable better integration between different payment systems, reducing fragmentation and increasing interoperability.
    • Enhanced technical compatibility: It can be designed to work with existing payment infrastructure, making it easier to adopt and integrate into the current system.
    • Enhanced safety: It can provide enhanced security measures that can help mitigate the risk of fraud and cyber-attacks in cross-border payments.
    • Mitigation of cross-currency risks: CBDC can help mitigate risks associated with cross-border and cross-currency transactions, such as exchange rate fluctuations, currency conversion fees, and transaction processing delays.

    How can this be implemented to practice?

     

    Description Examples
    Model 1 Enhancing Compatibility Among Domestic CBDC Systems Many central banks are working to enhance the compatibility of domestic CBDC systems. Common international standards are required, which require regulatory coordination and market practices.
    Model 2 Interlinking CBDC Systems CBDC networks are linked up by synchronizing payment actions without the need for a trusted third party or a common platform.
    Model 3 Establishing a Single mCBDC System Cross-border payments are processed through a jointly operated “corridor network”.

     

    RBI’s push for CBDC adoption @ G20

    • RBI emphasized the need for increased adoption of CBDCs across countries for them to play a role in the cross-border payments arena.
    • Countries need to decide to create CBDCs and create an infrastructure for various CBDCs to interface for CBDCs to be effective in cross-border payments.
    • RBI suggested India’s model of digitization, where the basic infrastructure was created by the public sector and the fintech/financial/start-up ecosystem was allowed to create innovative solutions, could also be successful with CBDCs globally

    Conclusion

    • CBDCs could bring about a significant change in the sphere of cross-border payments, but coordination across countries and between the public and private sectors is essential for that to happen

     

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  • What is the Washington Declaration?

    washington

    Central Idea: The context is the recent visit of the South Korean President to the US to commemorate the 70th anniversary of US-South Korea bilateral relations. During the visit, the two countries signed the “Washington Declaration” as a nuclear deterrence strategy against North Korea’s regional aggression.

    Washington Declaration: Key Terms

    • Nuke deployment by US: According to the declaration, an American nuclear ballistic submarine would be deployed in the Korean peninsula.
    • Intel mechanism: A nuclear consultative group would be formed to formulate principles of joint response tactics, and South Korea would receive Intel from the US regarding nuclear advancements.
    • Joint training: The US will strengthen South Korea’s nuclear deterrence capabilities through joint military training programs and an annual intergovernmental simulation.
    • Deterrence creation: The declaration reaffirmed the Non-Proliferation Treaty implying that South Korea would not venture into the creation of its own independent nuclear capabilities and would instead focus on deterrence measures through an alliance-based approach.

    Implications of the treaty

    • Big power politics: While the existence of the agreement is based on the security needs of South Korea, the policy reflects big power politics where the interests of the larger power (US) takes precedence.
    • US proprietorship over the nukes: The US is the only ‘sole authority’ to use the nuclear arsenal of the US in the event of a nuclear confrontation.
    • Maintaining stability: The assurance that the US and its nuclear weapons would protect its allies by being responsible for maintaining stability in the region aligns with the larger goal of non-proliferation.

    US Stance on South Korea’s Nuclear Capabilities

    • Fouled the SK nuclear program: South Korea’s nuclear development programme supported by former president Park Chung Hee was hindered due to US pressure.
    • Strategic arms reduction: The US withdrew one hundred nuclear weapons from South Korea in the 1990s as part of their “Strategic Arms Reduction Treaty” to make North Korea unarm itself.
    • Renewed interest after North Korea’s Rise: The Nuclear Posture Review 2022 reflects a shift in the US narrative where it is now concerned about the progressing nuclear capacities of North Korea.

    Regional and domestic responses

    • China: It said it undermines the nuclear non-proliferation regime and the strategic interests of other countries.
    • North Korea: Kim Jong-Un’s sister warned that the declaration would only result in making peace and security of North-East Asia and the world be exposed to more serious danger.

    Conclusion

    • Overall, the Declaration is an important step in the direction of creating a more overt and close coordination among the US allies in the Indo-Pacific.
    • It seeks to deal with not only North Korea but also moves of China and Russia.

    Back2Basics: Non-Proliferation Treaty (NPT)

    The NPT is an international treaty signed in 1968 that aims to prevent the spread of nuclear weapons and to promote the peaceful use of nuclear energy.

    Key facts about the NPT include:

    • Members: There are currently 191 parties to the treaty, including the five recognized nuclear-weapon states (the US, Russia, China, France, and the UK).
    • Three main pillars: Non-proliferation, Disarmament and Peaceful use of nuclear energy.
    • Non-nuclear-weapon states: They are parties to the treaty agree not to acquire nuclear weapons and to accept International Atomic Energy Agency (IAEA) safeguards on their nuclear activities.
    • Nuclear-weapon states: They are the parties to the treaty agree not to transfer nuclear weapons or technology to non-nuclear-weapon states.
    • 5 year review: The treaty is reviewed every five years at a conference of parties, with the most recent review conference taking place in 2015.
    • Criticisms: NPT has been criticized for not doing enough to promote disarmament, and for perpetuating a system of haves and have-nots in which certain states have nuclear weapons while others do not. However, proponents argue that the treaty has helped to prevent the spread of nuclear weapons and to promote peaceful use of nuclear energy.

     

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  • All Cantonments to be disbanded: Centre

    cantonment

    Central Idea: The Union government has kicked off a plan to abolish the 62 cantonments around the country as “archaic colonial legacies”. The first cantonment to be renamed a military station is Yol in Himachal Pradesh.

    What is the plan?

    • The plan is to carve out the military areas in all cantonments and convert them into “exclusive military stations” with the Army exercising “absolute control” over them.
    • The civilian areas, in turn, will be merged with the local municipalities, which will be responsible for their maintenance among other things.
    • The Army moved away from the concept of cantonments after independence, mainly due to the friction between military and civilian authorities.
    • But some major cantonments continued to exist. Ex. Pune Cantonment, Agra Cantonment etc.

    What are Cantonments?

    • Cantonments in India are permanent military stations where a group of military personnel are stationed for administrative purposes.
    • These cantonments are governed by the Cantonments Act, 2006 which provides for municipal administration and control of these areas.
    • There are 62 cantonments in India which are located in various states across the country.
    • These areas are maintained by the Defence Estates Organization (DEO) under the Ministry of Defence, and are distinct from military bases or barracks which are temporary locations for military personnel.
    • Cantonments are generally considered to be areas with better infrastructure and facilities compared to other parts of the country.

    Their features

    • Cantonment Boards are democratic bodies comprising elected and nominated members.
    • In terms of Entry 3 of the Union List (Schedule VII) of the Constitution of India, Urban Self Governance of the Cantonments and the Housing Accommodation therein is the subject matter of the Union.
    • The Station Commander of the Cantonment is the ex-officio President of the Board, and an officer of the IDES or Defence Estates Organisation is the Chief Executive Officer who is also the Member-Secretary of the Board.
    • They have equal representation of elected and nominated/ex-officio members to balance official representation with democratic composition.
    • They maintain ecological balance while providing better civic facilities to the residents.

    History of establishments

    • The Cantonments Act, 1924 was enacted by the British to regulate the municipal administration of Cantonments.
    • After India’s independence, the Cantonments Act, 1924, was modified to suit the democratic setup of the country.
    • The Cantonments Act, 2006, replaced the Cantonments Act, 1924, and aims to provide greater autonomy and accountability to the Cantonment Boards.

    Categories

    There are four categories of Cantonments, depending on the size of the population residing inside a Cantonment:

    1. Category I: Cantonments having a population of more than 50,000.
    2. Category II: Cantonments having a population of 10,000 to 50,000.
    3. Category III: Cantonments having a population of less than 10,000.
    4. Category IV: Industrial or training Cantonments, irrespective of their population size.

  • Govt. to release Manual for Organ Donation & Transplantation

    organ

    Central Idea: The National Organ and Tissue Transplant Organisation (NOTTO) is working on a transplant manual as a step-by-step guide for the implementation of organ donation and transplantation programmes in hospitals and a standard course for training transplant coordinators.

    Organ transplant in India: Key statistics

    • According to data accessed from the Health Ministry, the number of organ transplants has increased by over three times from 4,990 in 2013 to 15,561 in 2022.
    • Of the 15,561 transplants, a majority — 12,791 (82%) — are from live donors and 2,765 (18%) are from cadavers (the dead).
    • Up to 11,423 of the 15,561 organ transplants are for the kidney, followed by liver (766), heart (250), lung (138), pancreas (24) and small bowel transplants (3).
    • Most of these transplants occur in private hospitals, the numbers in government hospitals are relatively lower.

    About National Organ Transplant Programme (NOTP)

    • In 2019, the GoI implemented the NOTP for promoting deceased organ donation.
    • Organ donation in India is regulated by the Transplantation of Human Organs and Tissues Act, 1994.

    Types of Organ Donations

    • The law allows both deceased and living donors to donate their organs.
    • It also identifies brain death as a form of death.
    • Living donors must be over 18 years of age and are limited to donating only to their immediate blood relatives or, in some special cases, out of affection and attachment towards the recipient.

    (1) Deceased donors:

    • They may donate six life-saving organs: kidneys, liver, heart, lungs, pancreas, and intestine.
    • Uterus transplant is also performed, but it is not regarded as a life-saving organ.
    • Organs and tissues from a person declared legally dead can be donated after consent from the family has been obtained.
    • Brainstem death is also recognized as a form of death in India, as in many other countries.
    • After a natural cardiac death, organs that can be donated are cornea, bone, skin, and blood vessels, whereas after brainstem death about 37 different organs and tissues can be donated, including the above six life-saving organs

    (2) Living donors:

    They are permitted to donate the following:

    • one of their kidneys
    • portion of pancreas
    • part of the liver

    Features of the NOTP

    • Under the NOTP a National Level Tissue Bank (Biomaterial Centre) for storing tissues has been established at National Organ and Tissue Transplant Organization (NOTTO), New Delhi.
    • Further, under the NOTP, a provision has also been made for providing financial support to the States for setting up of Bio-material centre.
    • As of now a Regional Bio-material centre has been established at Regional Organ and Tissue Transplant Organization (ROTTO), Chennai, Tamil Nadu.

    More moves for facilitation:  Green Corridors

    • Studies have suggested that the chances of transplantation being successful are enhanced by reducing the time delay between harvest and transplant of the organ.
    • Therefore, the transportation of the organ is a critical factor. For this purpose, “green corridors” have been created in many parts of India.
    • A “green corridor” refers to a route that is cleared out for an ambulance carrying the harvested organs to ensure its delivery at the destination in the shortest time possible.

    Recent amendments

    (1) No Age Bar

    • Now an individual of any age can register for organ transplant.
    • People beyond 65 years in need of an organ donation will also be eligible to get one.
    • The government has decided to do away with a clause in the National Organ and Tissue Transplant Organisation (NOTTO) guidelines as the clause violates the Right to Life.

    (2) Doing away with domicile compulsion

    • Earlier an organ recipient could register for a prospective transplant in domicile State.
    • States like Gujarat had made it mandatory for registered patients to furnish a domicile certificate to be eligible for a transplant.
    • In November last year, the Gujarat High Court quashed the discriminatory policy of the State government.

    About NOTTO

    National Organ and Tissue Transplant Organization (NOTTO) is a national level organization set up under the Directorate General of Health Services, Ministry of Health and Family Welfare.

    1. National Human Organ and Tissue Removal and Storage Network
    2. National Biomaterial Centre (National Tissue Bank)

    [I] National Human Organ and Tissue Removal and Storage Network

    • This has been mandated as per the Transplantation of Human Organs (Amendment) Act 2011.
    • The network will be established initially for Delhi and gradually expanded to include other States and Regions of the country.
    • Thus, this division of the NOTTO is the nodal networking agency for Delhi and shall network for Procurement Allocation and Distribution of Organs and Tissues in Delhi.
    • It functions as apex centre for All India activities of coordination and networking for procurement and distribution of Organs and Tissues and registry of Organs and Tissues Donation and Transplantation in the country.

    [II] National Biomaterial Centre (National Tissue Bank)

    • The Transplantation of Human Organs (Amendment) Act 2011 has included the component of tissue donation and registration of tissue Banks.
    • It becomes imperative under the changed circumstances to establish National level Tissue Bank to fulfill the demands of tissue transplantation including activities for procurement, storage and fulfil distribution of biomaterials.
    • The main thrust & objective of establishing the centre is to fill up the gap between ‘Demand’ and ‘Supply’ as well as ‘Quality Assurance’ in the availability of various tissues.

    The centre will take care of the following Tissue allografts:

    1. Bone and bone products
    2. Skin graft
    3. Cornea
    4. Heart valves and vessels

    Various issues involved

    • Lack of awareness: Lack of awareness leads to myths and misconceptions about organ donation, which further discourages people from donating organs.
    • Religious and cultural beliefs: Some religious and cultural beliefs view organ donation as a desecration of the body, which hinders organ donation.
    • Lack of infrastructure: India faces a shortage of medical infrastructure and facilities for organ donation.
    • Legal and regulatory challenges: India’s organ donation system is heavily regulated by the Transplantation of Human Organs and Tissues Act, 1994.
    • Socioeconomic factors: Poverty and lack of education can lead to reduced access to information and medical services, making it difficult for people to donate organs.
    • Organized crime: Organized criminal networks involved in organ trafficking and commercialization also create challenges for organ donation in India.
    • Stigma and Discrimination: Stigma against organ recipients, particularly those who receive transplants from other communities or castes, is also a challenge in promoting organ donation in India.

    Way forward

    • Developing a National Organ and Tissue Donation Registry: The registry could maintain a database of donors and recipients, along with their medical history and compatibility information.
    • Setting up Mobile Organ Donation Units: These units could be equipped with medical personnel and equipment to conduct donation procedures in remote areas.
    • Crowdfunding for Organ Transplant Surgeries: This could be used as a means to raise funds for organ transplant surgeries, especially for underprivileged individuals who cannot afford the cost of treatment.
    • Promoting Living Donor Transplants: Living donor transplants can help increase the number of organs available for transplantation.
    • Incentivizing for Organ Donation: Incentives could be introduced to encourage more people to donate organs. This could include tax breaks, priority access to medical treatment, and other benefits.
    • Leveraging Technology: Technology could be used to develop better donor and recipient matching algorithms, create virtual waiting lists, and streamline the donation and transplantation process.
    • International Collaboration: India could collaborate with other countries to share best practices, leverage technology, and develop new approaches to organ donation and transplantation.

     

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  • EU’s Artificial Intelligence (AI) Act

    eu ai

    Central idea: The European Parliament has recently reached a preliminary deal on a new draft of the European Union’s Artificial Intelligence Act, after two years of drafting and negotiations.

    Regulating AI

    • The need for regulation of AI technologies has been highlighted worldwide.
    • EU lawmakers have urged world leaders to hold a summit to brainstorm ways to control the development of advanced AI systems.

    EU’s Artificial Intelligence Act

    • The aim of the AI Act is to bring transparency, trust, and accountability to AI technologies and to mitigate risks to the safety, health, fundamental rights, and democratic values of the EU.
    • The legislation seeks to address ethical questions and implementation challenges in various sectors, from healthcare and education to finance and energy.
    • It seeks to strike a balance between promoting the uptake of AI while mitigating or preventing harms associated with certain uses of the technology.
    • It aims to strengthen Europe’s position as a global hub of excellence in AI from the lab to the market and ensure that AI in Europe respects the 27-country bloc’s values and rules.
    • The Act delegates the process of standardization or creation of precise technical requirements for AI technologies to the EU’s expert standard-setting bodies in specific sectors.

    Details of the Act

    • Defining AI: AI is broadly defined as “software that is developed with one or more of the techniques that can, for a given set of human-defined objectives, generate outputs such as content, predictions, recommendations, or decisions influencing the environments they interact with.”
    • Four risk-category: The Act outlines four risk categories:
    1. Unacceptable: The use of technologies in the unacceptable risk category is prohibited with little exception, including real-time facial and biometric identification systems in public spaces, China-like systems of social scoring, subliminal techniques to distort behavior, and technologies that exploit vulnerabilities of certain populations.
    2. High: The focus is on AI in the high-risk category, prescribing pre-and post-market requirements for developers and users of such systems and establishing an EU-wide database of high-risk AI systems. The requirements for conformity assessments for high-risk AI systems must be met before they can make it to the market.
    3. Limited and minimal: AI systems in the limited and minimal risk category can be used with a few requirements like transparency obligations.

    Recent proposal on General Purpose AI

    • Recent updates to EU rules to regulate generative AI, including language model-based chatbots like OpenAI’s ChatGPT, are discussed.
    • Lawmakers are debating whether all forms of general-purpose AI will be designated high-risk.
    • Companies deploying generative AI tools are required to disclose any copyrighted material used to develop their systems.

    Reaction from the AI Industry

    • Some industry players have welcomed the legislation, while others have expressed concerns about the potential impact on innovation and competitiveness.
    • Companies are worried about transparency requirements, fearing that they may have to divulge trade secrets.
    • Lawmakers and consumer groups have criticized the legislation for not fully addressing the risks associated with AI systems.

    Global governance of AI

    • The US currently lacks comprehensive AI regulation and has taken a hands-off approach.
    • The Biden administration released a Blueprint for an AI Bill of Rights (AIBoR) that outlines the harms of AI and five principles for mitigating them.
    • China has come out with some of the world’s first nationally binding regulations targeting specific types of algorithms and AI.
    • China enacted a law to regulate recommendation algorithms, with a focus on how they disseminate information.
    • While India is still stuck with the Personal Data Protection Bill.

     

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  • India drops 11 places to rank 161 in World Press Freedom Index

    Central Idea: India’s ranking in the 2023 World Press Freedom Index has slipped to 161 out of 180 countries, according to the latest report released by global media watchdog Reporters Without Borders (RSF).

    What is Press Freedom Index?

    • The PFI is an annual ranking of countries compiled and published by Reporters without Borders since 2002.
    • It is based upon the organisation’s own assessment of the countries’ press freedom records in the previous year.
    • It defines press freedom as “the ability of journalists as individuals and collectives to select, produce, and disseminate news in the public interest independent of political, economic, legal, and social interference and in the absence of threats to their physical and mental safety.”
    • It intends to reflect the degree of freedom that journalists, news organisations, and netizens have in each country, and the efforts made by authorities to respect this freedom.
    • It does not measure the quality of journalism in the countries it assesses, nor does it look at human rights violations in general.

     Irony of the rankings

    • In 2022, India was ranked at 150.
    • Pakistan has fared better when it comes to media freedom as it was placed at 150, an improvement from last year’s 157th rank.
    • Afghanistan was ranked 152nd. This raises some questions about the methodology of the index.

    Global scenario

    • Sri Lanka also made significant improvement on the index, ranking 135th this year as against 146th in 2022
    • Norway, Ireland and Denmark occupied the top three positions in press freedom, while Vietnam, China and North Korea constituted the bottom three.

    Back2Basics: Freedom of Press and Constitutional Provisions

    • The Supreme Court in Romesh Thappar v. the State of Madras, 1950 observed that freedom of the press lay at the foundation of all democratic organisations.
    • It is guaranteed under the freedom of speech and expression under Article 19, which deals with ‘Protection of certain rights regarding freedom of speech, etc.
    • Freedom of the press is not expressly protected by the Indian legal system but it is impliedly protected under article 19(1) (a) of the constitution.
    • The freedom of the press is also not absolute.

    Reasonable restrictions

    • A law could impose only those restrictions on the exercise of this right, it faces certain restrictions under Article 19(2), which are as follows:
    1. Sovereignty and integrity of India
    2. Security of the State,
    3. Friendly relations with foreign States
    4. Public order, decency or morality
    5. Contempt of court
    6. Defamation
    7. Incitement to an offence

     

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  • Central Committee to find alternative for Death by Hanging

    Central Idea: The government informed the Supreme Court that it is considering the formation of a committee to examine the need for a painless and more dignified alternative to death by hanging.

    Background Information

    • Death by hanging is a mode of execution in India.
    • In March, the Supreme Court had asked the government to provide data on a more acceptable method of executing prisoners other than death by hanging.
    • A petition was filed challenging the constitutionality of death by hanging as a mode of execution.

    death

    Death Sentences imposed so far

    • 539 prisoners were on death row in India at the end of 2021, the highest since at least 2016.
    • In 2022, trial courts imposed 165 death sentences, the highest in over two decades.
    • Gujarat courts imposed 51 death sentences in 2022, the highest among all the States.
    • Uttar Pradesh and Jharkhand also recorded significant increases in death sentences imposed by trial courts in 2022.
    • From the 67 decided cases by the High Court’s involving 101 prisoners in 2022, three prisoners had their death sentences confirmed, 48 prisoners saw their death sentences commuted to life imprisonment, 43 were acquitted of all charges and six had their cases remitted to the trial court.
    • In the 11 cases decided by the Supreme Court involving 15 prisoners in 2022, 5 prisoners were acquitted of all charges; the death sentences for eight were commuted to life imprisonment; and the death penalty was confirmed for two.

    Death Penalty by Hanging: Present Status

    • Section 354 (5) of the Code of Criminal Procedure mandates that a person sentenced to death shall “be hanged by the neck till he is dead”.
    • In India, the Air Force Act, 1950, the Army Act 1950, and the Navy Act 1957 say that execution has to be carried out either by hanging by the neck until death or by being shot to death.
    • In 2018, the Centre had filed an affidavit supporting death by hanging as a mode of execution.
    • The Centre had not found the method of execution “barbaric, inhuman and cruel” compared to firing squads and lethal injections.

    Various initiatives to alter death by hanging

    • Ensuring dignified death: The government is considering the formation of a committee to examine the need for a painless and more dignified alternative to death by hanging.
    • Panel formation: The Chief Justice of India had suggested the formation of a committee with experts from national law universities, professors of law, doctors, and scientific persons.
    • Humane and painless method: The court indicated that it may even direct an alternative method of executing capital punishments if it was proved that there was a more “humane” method of execution.
    • Voices for psychological tests: The SC has asked for psychological evaluation of condemned prisoners by expert doctors, and access for them by mitigating investigators.

    Concerns raised by Judiciary

    • The Chief Justice had observed that better data was needed to relook at death by hanging.
    • The court wanted to know the-
    1. Impact of the sentence of death by hanging
    2. Pain caused
    3. Period of actual death, and
    4. Availability of resources for hanging a person

    Judiciary at loggerheads

    • The court clarified that it was not questioning the constitutionality of the death penalty, which was well-settled in Deena versus Union of India Case judgment and the Bachan Singh case reported in 1980.
    • The government argued that the mode of execution is a “matter of legislative policy” and the death penalty is awarded only in the rarest of rare cases, with only three executions between 2012 and 2015.

    Debate over Death Penalty

    Arguments in favor of death penalty Arguments against death penalty
    – Forfeiture of life: Supporters of the death penalty believe that those who commit murder, because they have taken the life of another, have forfeited their own right to life. – Eye for an eye: Reformative justice is more productive, that innocent people are often killed in the search for retribution, and that “an eye for an eye makes the whole world blind.
    – Moral indignation of the victim: It is a just form of retribution, expressing and reinforcing the moral indignation not only of the victim’s relatives but of law-abiding citizens in general. – Deterrence is a myth: Death penalty is not a deterrent to capital crimes state that there is no evidence to support the claim that the penalty is a deterrent.
    – Highest form of Justice: For heinous crimes such as the Nirbhaya Gangrape Case, no other punishment could have deterred the will of the convicts. – Political tool of suppression: The authorities in some countries, for example Iran and Sudan, use the death penalty to punish political opponents.
    – Deterrent against crime: Capital punishment is often justified with the argument that by executing convicted murderers, we will deter would-be murderers from killing people. – Reverence for life’ principle: Death penalty is an immoral punishment since humans should not kill other humans, no matter the reasons, because killing is killing.
    – Proportional punishment: The guilty people deserve to be punished in proportion to the severity of their crime. – Stigma against killing: With the introduction of lethal injection as execution method, medical professionals participate in executions. Many professionals have now refused to administer such deaths.
    – Prevailing lawlessness: The crimes we are now witnessing cannot be addressed by simple punishments. We are seeing horrific attacks on women, young girls, minority communities and Dalits etc. – Skewed justice systems: In many cases recorded by Amnesty International, people were executed after being convicted in grossly unfair trials, on the basis of torture-tainted evidence and with inadequate legal representation.
    – Prevention of crime is non-existent: Despite of stringent regulations, it is certainly visible that some crimes can never be prevented in our society. – Discriminatory nature: The weight of the death penalty is disproportionally carried by those with less advantaged socio-economic backgrounds or belonging to a racial, ethnic or religious minority.

     

    Other issues with such executions

    (a) Socio-Economic Factors

    • The recent statistics shows that the death row prisoners in India are more from the backward classes of the society.
    • The death row prisoners belong to backward classes and religious minorities and the majority of convicts’ families are living in adjunct poverty.
    • These people who are backward both in economic and social respects, are not in a position to here expensive lawyers and get proper representation in the Court.

    (b) Delayed Execution

    • The law provides for a long process before the execution of the convicts actually takes place.
    • The unexplained delay in execution can be a ground for commutation of death penalty, and an inmate, his or her kin, or even a public-spirited citizen could file a writ petition seeking such commutation.
    • Their trials are often cruelly forced to endure long periods of uncertainty about their fate.

    Way forward: Law Commission recommendations on death penalty

    The Law Commission of India in its 262nd Report (August 2015) recommended that:

    • Death penalty be abolished for all crimes other than terrorism-related offences and waging war.
    • Measures such as police reforms, witness protection scheme and victim compensation scheme should be taken up expeditiously by the government.
    • It felt that time has come for India to move towards abolition of the death penalty. However the concern is often raised that abolition of death penalty for terrorism-related offences and waging war, will affect national security.

     

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  • US seeks sanctions on Indian agencies over Religious Freedom Violations

    religious india

    The Commission for International Religious Freedom (USCIRF) has urged to impose targeted sanctions on Indian government agencies and officials responsible for “severe violations” of religious freedom by freezing their assets.

    What is USCIRF Report?

    • The USCIRF report assesses the status of religious freedom around the world.
    • It provides a comprehensive analysis of the state of religious freedom in countries across the globe, highlighting issues of concern and making recommendations for action by the US government.
    • The report is an important tool for raising awareness of violations of religious freedom and advocating for greater protection of this fundamental human right.

    Allegations against India

    (1) Policies

    • It is alleged that the Indian government at the national, state, and local levels promoted and enforced religiously discriminatory policies, including:
    1. Laws targeting religious conversion
    2. Interfaith relationships
    3. Ban over wearing of hijabs and cow slaughter
    • This has negatively impact Muslims, Christians, Sikhs, Dalits, and Adivasis.

    (2) Laws of Suppression

    • The report also alleges that the national government continued to suppress critical voices, particularly of religious minorities and those advocating on their behalf through-
    1. Surveillance / Harassment / Cow Vigilantism
    2. Accusation of Sedition
    3. Demolition of Property
    4. Detention under the Unlawful Activities Prevention Act (UAPA)
    5. Targeted banning of NGOs ex. Missionaries of Charity under the Foreign Contribution Regulation Act (FCRA)
    6. Constitution

    India’s response

    • India has slammed USCIRF for “misrepresenting” facts and described it as an “organisation of particular concern”.
    • The Indian government rejected the biased and inaccurate comments.
    • Foundation of Indian and Indian Diaspora Studies (FIIDS) slammed USCIRF for its biased report and failure to acknowledge the cultural and economic significance of cows to Indians.

    Why such reports often falsely target India?

    • Lack of objectivity: There have been instances in the past where these reports have been criticized for being one-sided and lacking objectivity.
    • US lobby against everyone: It is important to note that reports like USCIRF’s are based on the organization’s own assessments.
    • Inherent bias against India: Such allegations are prevalent ever since India attained its Freedom.
    • Self-proclaimed father of democracy: US has infamous for selectively promoting democracy and human rights, and for supporting authoritarian regimes that align with its strategic interests.
    • Anti-regime: Such reports often overlook the efforts made by the present regime in India towards promoting religious tolerance and communal harmony.

    Way forward

    • Urgent action: India needs to take prompt and necessary steps to address religious freedom issues and take everyone’s faith in the government and democratic process.
    • Nuanced understanding: International organizations and foreign governments must make a conscious effort to understand the complexities of India’s social, political, and economic landscape before making any recommendations or issuing reports.
    • Avoid sweeping generalizations: It is important to avoid sweeping generalizations and presenting a one-sided view of the situation, which can be detrimental to India’s reputation and lead to misunderstandings.
    • Self-reflection by the US: The US must address its own issues related to religious freedom and human rights violations, and not just sermon other countries.

    Conclusion

    • India’s historical diversity and pluralism: India has a long history of diversity, pluralism, and peaceful coexistence among different communities.
    • Constitutional guarantees: The Constitution guarantees fundamental rights to all citizens, regardless of their religion, caste, or creed.
    • Media as a strong pillar: The country has a vibrant democracy and a free and independent media that regularly scrutinizes the government and its policies. This eliminates the scope for anyone’s oppression.
    • Nation-building: All communities have contributed significantly to the country’s cultural and social fabric. Success of India is often unwelcomed by the US. People should not fall prey to foreign propaganda.

     

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