The Hyderabad Police have initiated a zero FIR case against former minister for alleged derogatory remarks against Telangana CM.
First Information Report (FIR)
An FIR is a written document prepared by the police upon receiving information about a cognisable offence.
It is when an officer can arrest a suspect without a court’s warrant if/she has “reason to believe” that the person committed the offence and arrest is necessary based on certain factors.
It serves as the first step towardsinitiating the investigation process and subsequent police actions.
Section 154(1) of the Criminal Procedure Code (CrPC) empowers the police to register an FIR for cognizable offences.
Section 166A of the Indian Penal Code (IPC) provides punishment for public servants failing to record information related to a cognizable offence, with imprisonment of up to two years and a fine.
What is Zero FIR?
Provision and Purpose: Zero FIR allows any police station to register an FIR for a cognisable offence without assigning a regular FIR number initially.
No diary: Whereas FIRs have serial numbers assigned to them, zero FIRs are assigned the number ‘0’. Hence the name.
Features of a Zero FIR:
Swift Action: The relevant police station subsequently registers a fresh FIR and commences the investigation.
Focus on Victims: It is designed to expedite complaint lodging, particularly for serious crimes involving women and children, without the need to approach multiple police stations.
Preserving Evidence: Early registration helps prevent the loss or tampering of crucial evidence and witnesses.
Transferred Jurisdiction: The Zero FIR is later transferred to the relevant police station where the offence occurred or where the investigation should be conducted.
How does it work?
After a police station registers a zero FIR, it has to transfer the complaint to a police station that has the jurisdiction to investigate the alleged offence.
Once a zero FIR is transferred, the police station with the appropriate jurisdiction assigns it a serial number, thereby converting it into a regular FIR.
Legal Provisions for Zero FIR
The provision of Zero FIR finds support in various judgments and recommendations:
Satvinder Kaur vs. State (1999): The Delhi High Court held that a woman has the right to lodge her complaint from any place other than where the incident occurred.
Justice Verma Committee (2012): The introduction of Zero FIR was based on the recommendation of the Justice Verma Committee, which was formed in response to the 2012 Nirbhaya gangrape case.
Lalita Kumari vs. Govt. of UP (2014): The Supreme Court ruled that registration of an FIR is mandatory when information discloses the commission of a cognizable offence.
PYQ:
2021: With reference to India, consider the following statements:
1. Judicial custody means an accused is in the custody of the concerned magistrate and such accused is locked-up in police station, not in jail.
2. During judicial custody, the police officer in charge of the case is not allowed to interrogate the suspect without the approval of the court.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Practice MCQ:
Regarding the Zero FIR, consider the following statements:
1. Zero FIR allows any police station to register an FIR for a cognizable offence without assigning a regular FIR number initially.
2. Whereas FIRs have serial numbers assigned to them, zero FIRs are assigned the number ‘0’.
A Delhi Court on Thursday extended the Enforcement Directorate’s (ED) custody of Delhi Chief Minister Arvind Kejriwal till April 1 in the money laundering case
Context
Mr Kejriwal was arrested on March 21, hours after his plea for interim protection from arrest was rejected by the Delhi High Court. This is the first instance of a Chief Minister in India being put behind bars while still in office.
ED’s allegations against the Chief Minister
Influence on Elections: The ED contends that Money received by AAP leaders from operators of alcohol businesses were used to influence the 2022 Assembly elections in Punjab and Goa.
Favours to South Group: The excise policy was allegedly drafted with the intention of granting favors to the South Group
Legal issues
Potential Involvement of AAP: If Kejriwal’s vicarious liability (This principle holds a person responsible for the actions of others, based on the concept of agency) is established, AAP could be impleaded as an accused in the case. This could lead to the attachment or confiscation of the party’s assets under the provisions of the Prevention of Money Laundering Act, 2002 (PMLA).
Application of Section 70 of the PMLA: This section is often invoked to investigate companies involved in money laundering offenses. It holds individuals responsible if they were in charge or responsible for the company at the time of the offense. However, individuals may not be prosecuted if they can prove lack of knowledge or due diligence to prevent the offense.
Definition of “Company”: Explanation 1 of Section 70 of the PMLA defines “company” broadly to include any body corporate, firm, or association of individuals. This could potentially encompass a political party under the definition, as per the Representation of the People Act, 1951.
What is (PML) Prevention of Money-Laundering Act, 2002 Act?
An Act to prevent money-laundering and to provide for confiscation of property derived from, or involved in, money-laundering and for matters connected therewith or incidental thereto.
Reliance on approver’s testimony
Definition of an Approver testimony: An approver is someone who has been charged with a crime but later confesses and agrees to testify for the prosecution.
Potential Consequences of False Deposition: An approver who provides false testimony can be retried for the offense for which the pardon was granted, according to Section 308 of the CrPC. This provision acts as a deterrent against perjury by the approver.
Caution in Reliance: Courts exercise caution when relying on the testimony of an approver due to its inherently suspect nature. The testimony of an accomplice is considered tainted, and courts are wary of potential biases or falsehoods.
Corroboration Requirement: To ensure the reliability of the approver’s testimony, corroboration from independent evidence is typically required.
Judicial Precedents: The Supreme Court, in cases like Mrinal Das and Ors. v. State of Tripura (2011), has emphasized the importance of corroborative evidence in convicting the accused based on the testimony of an approver.
Judicial Scrutiny: Courts meticulously scrutinize the testimony of an approver and assess its credibility in light of corroborative evidence and other factors.
Conclusion
Arvind Kejriwal’s arrest in a money laundering case raises legal complexities, including potential involvement of AAP, application of PMLA, and reliance on approver’s testimony, necessitating cautious judicial scrutiny.
Mains PYQ
Q Money laundering poses a serious security threat to a country’s economic sovereignty. What is its significance for India and what steps are required to be taken to control this menace? (UPSC IAS/2013)
The Ministry of Electronics and Information Technology (MeiTY) released the National Data Governance Framework Policy (NPD Framework) which was touted as the first building block of the digital architecture being conceived to maximize data.
Context:
The role of digitization in realizing India’s vision of becoming a $5 trillion economy cannot be overstated.
As per a NASSCOM report, data and artificial intelligence (AI) can add approximately $450-500 billion to India’s GDP by 2025.
Types of data:
Personal Data – Data containing identifiers that can be used to identify specific individuals.
Non-Personal Data (NPD)- data excluding personal data. It constitutes the primary type of citizen data obtained by the government and holds the potential to serve as a ‘public good’.
Significance of Non-personal data-
NPD as a Public Good: NPD (Non-Personal Data) is considered the primary type of citizen data collected by the government. It holds the potential to serve as a ‘public good’, implying its utility and value to society as a whole.
Integration of NPD in Public Services: Advocates for integrating NPD into the delivery of public services to create synergies and scalable solutions. Integration aims to enhance the effectiveness and efficiency of public service delivery.
Application of Advanced Analytics and AI: Utilizing high-value advanced analytics and artificial intelligence (AI) on NPD can lead to predicting socially and economically beneficial outcomes. Such applications can span across various sectors of the economy.
Key Sectors for Data-Driven Insights: Meteorological and disaster forecasts: Utilizing NPD to enhance predictions and preparedness for weather-related events and disasters. Infrastructure capacity and citizen use patterns: Understanding how citizens interact with infrastructure to optimize usage and planning.
Mobility and housing patterns: Analyzing data to inform transportation and housing policies.
Employment trends: Using NPD to predict and address changes in employment patterns and workforce needs.
Informing Governance and Public Functions: NPD-driven insights can better inform decision-making in governance and public functions. Data analytics can provide valuable information for policy formulation and resource allocation.
Challenges related to NDP:
Privacy and Security Concerns: The unprotected inter-flow of NPD across government departments, third parties, and citizens can lead to privacy breaches and make sensitive data vulnerable. This vulnerability can disproportionately benefit capacity-carrying actors such as Big Tech.
Risk of Faulty Decision-making: Imperfect analysis of crucial public trends resulting from the exchange of NPD can lead to faulty decision-making. The inefficient exchange of data fails to unlock the power of interdisciplinary legislative and policy-making.
Gaps in the NPD Framework: The NPD Framework lacks actionable guidance and practical operationalization, focusing on abstract high-level principles and objectives. It overlooks mechanisms for pricing data, appropriate legal structures for data exchange, and standardized governance tools.
Lack of Legislation and Operationalization: While legislation is expected, the practical implementation and operationalization of the NPD Framework are overlooked. Questions remain unanswered regarding stakeholder rights and obligations across sectors.
Steps by Government:
Agriculture Data Exchange in Telangana: Telangana State has developed an agriculture data exchange platform. The platform aims to facilitate the exchange of agricultural data among various stakeholders. It is likely designed to enhance decision-making, productivity, and innovation in the agriculture sector.
India Urban Data Exchange (IUDX): The Ministry of Housing & Urban Affairs, in collaboration with the Indian Institute of Science, has established the India Urban Data Exchange (IUDX).
IUDX enables better urban planning, infrastructure development, and governance through data-driven insights.
Data Exchanges for Geospatial Policy: The Department of Science & Technology has announced plans to establish data exchanges to implement aspects of the National Geospatial Policy.
Measures to address these challenges:
Need for Critical Evaluation and Enhancement: A critical evaluation of the NPD Framework is necessary to address existing gaps. Enhancements to the framework can supplement MeiTY’s efforts to regulate NPD and facilitate interoperability across sectors.
Learn from International practice: countries like Australia, the UK, and Estonia highlight the adoption of data exchange frameworks and protocols. These frameworks have been applied across various sectors such as housing, employment, aged care, and agriculture to address specific issues like unemployment.
Regulatory Design for Data Exchanges: Creating a regulatory design for data exchanges in India can digitize and automate public welfare functions. It can reduce administrative burden, facilitate inter-sectoral integration, and build safeguards for using and sharing NPD, making civic functions more participatory.
Stakeholder Consultation: Engage stakeholders from government, industry, academia, and civil society in the evaluation process. Gather feedback on practical challenges faced in implementing the framework and areas needing clarification or enhancement.
Conclusion: A comprehensive evaluation and enhancement of the NPD Framework are imperative. Learning from international practices, establishing regulatory designs for data exchanges, and fostering stakeholder consultations will pave the way for effective governance of non-personal data.
The Ministry of Electronics and Information Technology has designated the Press Information Bureau’s Fact Check Unit to point out misinformation about Central government departments on social media platforms ahead of the election.
Context-
According to the IT Rules of 2021, social media platforms might lose their legal protection from being held responsible for content posted by users if they decide to keep the misinformation flagged by the Fact Check Unit.
Background of this news-
Due to the controversy surrounding the concept, the Union government had delayed officially notifying the Fact Check Unit as there was ongoing litigation at the Bombay High Court challenging the provision.
However, this month, the court decided not to prolong a temporary halt that prevented the government from implementing the rules.
Key points as per IT Rules, 2021-
Mandates: In essence, the IT Rules (2021) demand that social media platforms exercise heightened diligence concerning the content present on their platforms. Legal obligation on intermediaries to make reasonable efforts to prevent users from uploading such content.
Appoint a Grievance Officer: Social media platforms are mandated to set up a grievance redressal mechanism and promptly remove unlawful and inappropriate content within specified timeframes.
Ensuring Online Safety and Dignity of Users: Intermediaries are obligated to remove or disable access within 24 hours upon receiving complaints about content that exposes individuals’ private areas, depicts them in full or partial nudity, shows them engaged in sexual acts, or involves impersonation, including morphed images
Informing users about privacy policies is crucial: Social media platforms’ privacy policies should include measures to educate users about refraining from sharing copyrighted material and any content that could be considered defamatory, racially or ethnically offensive, promoting pedophilia, or threatening the unity, integrity, defense, security, or sovereignty of India or its friendly relations with foreign states, or violating any existing laws.
Fake news on social media can have several negative impacts on governments-
Undermining Trust- Fake news can erode public trust in government institutions and officials. When false information spreads widely, it can lead to scepticism and doubt about the government’s credibility.
Destabilizing Democracy- Misinformation can distort public perceptions of government policies and actions, potentially leading to unrest, protests, or even violence. This can destabilize democratic processes and undermine the functioning of government.
Manipulating Public Opinion- Fake news can be strategically used to manipulate public opinion in favour of or against a particular government or political party. By spreading false narratives, individuals or groups can influence elections and policymaking processes.
Impeding Policy Implementation- False information circulating on social media can create confusion and resistance to government policies and initiatives. This can impede the effective implementation of programs and reforms.
Wasting Resources- Governments may be forced to allocate resources to address the fallout from fake news, such as conducting investigations, issuing clarifications, or combating disinformation campaigns. This diverts resources away from other important priorities.
Fueling Division- Fake news can exacerbate social and political divisions within a country by spreading divisive narratives or inciting hatred and hostility towards certain groups or communities. This can further polarize society and hinder efforts towards unity and cohesion
Measures to Tackle Fake News on Social Media:
Mandatory Fact-Checking: Implement a requirement for social media platforms to fact-check content before dissemination.
Enhanced User Education: Promote media literacy and critical thinking skills to help users discern reliable information from fake news.
Strengthened Regulation: Enforce stricter regulations on social media platforms to curb the spread of misinformation and hold them accountable for content moderation.
Collaborative Verification: Foster partnerships between governments, fact-checking organizations, and social media platforms to verify the accuracy of information.
Transparent Algorithms: Ensure transparency in algorithms used by social media platforms to prioritize content, reducing the spread of false information.
Swift Removal of Violative Content: Establish mechanisms for prompt removal of fake news and penalize users or entities responsible for spreading it.
Public Awareness Campaigns: Launch campaigns to raise awareness about the detrimental effects of fake news and promote responsible sharing practices.
Conclusion: To address misinformation, governments should enforce IT Rules (2021), empower fact-checking units, and promote media literacy. Collaboration between authorities, platforms, and citizens is vital for combating fake news and upholding democratic values.
The National Internet Exchange of India (NIXI) is proud to announce the launch of the BhashaNet portal for the upcoming Universal Acceptance (UA) Day.
Universal Acceptance is the principle that all domain names and email addresses should be treated equally, regardless of the characters used in them.
What is BhashaNet Portal?
The Bhasha-Net Portal is a digital platform launched by NIXI, aimed at promoting Universal Acceptance (UA).
The portal specifically focuses on ensuring that individuals, regardless of the language or script they use, can fully participate in the digital world.
The portal is designed to provide resources, tools, and information to support the integration of diverse languages and scripts into online platforms, websites, and applications.
Objectives:
To provide a truly multilingual internet, where local language website name and local language email id, work everywhere seamlessly.
To foster digital inclusivity by addressing linguistic barriers and promoting the use of local languages and scripts in digital communication.
About National Internet Exchange of India (NIXI)
Established on June 19, 2003, the NIXI is a not-for-profit organization under the auspices of MeitY.
NIXI is dedicated to enhancing internet penetration and adoption in India by facilitating essential infrastructure and services.
It plays a crucial role in enabling the internet ecosystem to be accessible and utilized by the masses, thereby promoting digital empowerment and inclusion nationwide.
Four key services include-
1. Setting up Internet Exchange Points,
2. Managing the .IN Registry,
3. Promoting IPv4 and IPv6 address adoption through IRINN, and
4. Offering data center services under NIXI-CSC.
Back2Basics:
IPv4
IPv6
Address Format
32-bit address format (e.g., 192.0.2.1)
128-bit address format (e.g., 2001:0db8:85a3:0000:0000:8a2e:0370:7334)
Vast address space (approximately 3.4×10^38 addresses)
Header Length
Fixed-length header (20 bytes)
Variable-length header (40 bytes or more)
Header Options
Limited options
Expanded options for quality of service, security, and mobility
Broadcast
Uses broadcast addresses for network discovery and ARP (Address Resolution Protocol)
Uses multicast addressing for efficient communication
Security
Limited built-in security features
Built-in IPsec (Internet Protocol Security) support for end-to-end encryption and authentication
Adoption Status
Widely deployed and used
Increasing adoption but not yet fully ubiquitous
PYQ:
2011: What is “Virtual Private Network”?
It is a private computer network of an organization where the remote users can transmit encrypted information through the server of the organization
It is a computer network across a public internet that provides users access to their organization’s network while maintaining the security of the information transmitted
It is a computer network in which users can access a shared pool of computing resources through a service provider
None of the statements (A), (B) and (C) given above is a correct description of Virtual Private Network
The government’s procurement portal, GeM (Government e-Marketplace), is looking to encourage more and more start-ups and small and micro enterprises to list themselves as sellers.
About Government e-Marketplace (GeM)
The GeM is a one-stop National Public Procurement Portal to facilitate online procurement of common use Goods & Services required by various Government Departments / Organizations / PSUs.
It was launched in 2016 by the Ministry of Commerce and Industry.
It has been developed by the Directorate General of Supplies and Disposals (under MCI) with technical support from the National e-governance Division (MEITy).
Functions for GeM
Enhancement of Public Procurement: GeM aims to enhance transparency, efficiency, and speed in public procurement processes.
Paperless and Cashless Transactions: It is a completely paperless, cashless, and system-driven e-marketplace that enables procurement of common-use goods and services with minimal human interface.
Facilitation of Best Value: GeM provides the tools of e-bidding, reverse e-auction, and demand aggregation to facilitate government users in achieving the best value for their money.
Mandatory Purchases by Government Users: The purchases through GeM by Government users have been authorized and made mandatory by the Ministry of Finance by adding a new Rule No. 149 in the General Financial Rules, 2017.
Key Developments on GeM:
GeM Outlet Stores: GeM has introduced outlet stores for various product categories like SARAS, Ajeevika, Tribes India, Startup Runway, Khadi India, India Handloom, India Handicraft, Divyangjan, etc.
Bamboo Market Window: GeM, in collaboration with the National Bamboo Mission, has introduced a dedicated window on its portal for marketing Bamboo Goods.
Country of Origin Tag: Since 2020, the government has made it mandatory for sellers on the GeM portal to clarify the country of origin of their goods when registering new products.
PYQ:
Q.‘SWAYAM’, an initiative of the Government of India, aims at (2016) –
Promoting the Self Help Groups in rural areas
Providing financial and technical assistance to young start-up entrepreneurs
Promoting the education and health of adolescent girls
Providing affordable and quality education to the citizens for free
Practice MCQ:
With reference to the Government e-Marketplace (GeM), consider the following statements:
It is a one-stop National Public Procurement Portal launched in 2016.
It is developed by the Department for Promotion of Industry and Internal Trade (DPIIT)
Major cities of India are becoming vulnerable to flood conditions. Discuss. (2015)
Discussion the various social problems which originated out of the speedy process of urbanization in India. (2013)
Note4Students:
Mains: Social Issues; Governance; Urbanization;
Mentor comments: The Karnataka Legislative Assembly passed the Karnataka Professional Civil Engineers Bill, 2024 to allow only registered engineers to approve building plans ensuring that they will be accountable for any eventualities. In light of this, the registration of professional Civil Engineers, standards of professional conduct, code of ethics and etiquette for professional civil engineers are connected. Although it’s State news, we need to look at this news because India, one of the most populated countries, has grappled with many issues related to Urbanization and unplanned cities for decades.
Let’s learn.
—
Why in the News?
Recently, the Karnataka Legislative Assembly passed the Karnataka Professional Civil Engineers Bill, 2024 to allow only registered engineers to approve building plans ensuring that they will be accountable for any eventualities.
Provisions of the Karnataka Professional Civil Engineers Bill, 2024:
Aim: To improve professionalization and construction standards by requiring only certified civil engineers to offer engineering designs. However, this approach may create confusion, become restrictive, and remain out of sync with best practices
The Bill establishes the following key aspects:
Defining a civil engineer: Anyone with a diploma or a degree in a civil engineering discipline in India or abroad can qualify as a civil engineer. Those with Degrees need 1 year of experience; those with Diplomas require 2 years of experience;
Must be registered with the Karnataka Council of Professional Civil Engineers within 1 year from the date of commencement of the Act. In addition, they should obtain a certificate to become a ‘professional civil engineer’ in Karnataka.
Listing engineering designs and Restricting who can offer engineering design services: Only professional civil engineers can offer engineering designs (civil, structural, geotechnical, and environmental).Instructing how to ensure compliance;
Instructing how to ensure compliance:
Firstly, the Bill insists that any building more than 50 square meters in plinth area or taller than the ground floor or not built with a load-bearing masonry structure.
Secondly, a group housing project with more than three buildings must be supervised or executed or certified only by professional civil engineers.
Thirdly, strict gate-keeping is imposed by instructing government authorities not to permit construction unless registered professional civil engineers certify designs and drawings.
On Reservation: Out of all tenders not exceeding One Crore rupees, 4% of tenders are reserved for Category 1 Castes and 15% of tenders are reserved for Category 2A castes.
What is the current dilemma w.r.t to Karnataka Professional Civil Engineers Bill, 2024?
Overlap and Left-out: Despite overlaps between professional services in the building industry, the Bill restrictively defines engineering designs, potentially leading to confusion.
This is baffling because the SC also pointed out difficulties in a comparable situation involving ‘architects’, the bill has refused to include related professionals from offering overlapping services.
Silent on licensing requirements: The Karnataka Bill seeks absolute protection of services, but it falls short of licensing requirements and would benefit from tightening the certification process.
It is probably for this reason that the Gujarat Professional Civil Engineers Act, 2006, which is similar, is restrained in its scope.
Undermined with Global experiences: Many countries are cautious about regulations that restrict competition and support self-regulation of professions. Global practices suggest that protecting professional titles through rigorous processes and mandating high academic standards and experience is more effective than restricting services.
What can we learn from Global practices?
Need to work on self-regulation of professions: Recalling a study on engineering licensing and professional practice across several countries would be worthwhile. Because there is no hard evidence that tight engineering licensure provides economic gains to societies.
Need to avoid Extra Ring-fencing of Restrictions: Many professional council’s across the world, aware of these complexities, have not tried to ring-fence their services. Instead, they take the alternative and effective route of protecting titles such as ‘chartered engineer or architect’ by establishing a rigorous process that demands high academic standards and experience.
Need for better peer interviews or examinations: Through this, users will come to know that professional titles are not offered lightly, and only the competent ones earn them. Users can be convinced by the credibility of the collective, and voluntarily seek certified professionals.
Case Study:
The Engineering Council in the UK clarifies that there are no restrictions on practicing as an engineer. However, it protects titles offered to the qualified and those who pass professional reviews. Only a limited number of high-risk constructions, such as reservoir design and road tunnel safety regulations, are reserved for licensed persons. In comparison, the Karnataka Bill seeks an absolute protection of services and falls short of licensing requirements. There are no examinations and fewer experience requirements in the Bill. It would serve better to tighten the process leading to certification.
Conclusion:
The question professional must be decided on an event-to-event basis, locally and based on education, experience, and special knowledge. What would be even better is to resist the demand for professional turfs to control supply. An effective solution would be to influence the demand side by continuously demonstrating the usefulness of professionals and certification.
The Information & Broadcasting Ministry has blocked 18 OTT platforms on the charge of publishing obscene and vulgar content.
How were these platforms banned?
The contents listed on the OTT platforms was found to be prima facie violation of:
Section 67 and 67A of the Information Technology Act, 2000;
Section 292 of the Indian Penal Code; and
Section 4 of the Indecent Representation of Women (Prohibition) Act, 1986.
These platforms were violative of the responsibility to not propagate obscenity, vulgarity and abuse under the guise of ‘creative expression’.
How are OTT Platforms regulated in India?
Regulatory Framework: The Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021 introduce a Code of Ethics applicable to digital media entities and OTT platforms.
Key Provisions: These guidelines encompass content categorization, parental controls, adherence to journalistic norms, and the establishment of a grievance redressal mechanism to address concerns.
[A] Content Regulations
Age-Based Classification: OTT platforms like Netflix and Amazon Prime are mandated to classify their content into five age-based categories: U (universal), 7+, 13+, 16+, and A (adult).
Parental Locks: Effective parental locks must be implemented for content classified as 13+, ensuring that parents can control access to age-inappropriate material.
Age Verification: Robust age verification systems are required for accessing adult content, enhancing parental oversight and safeguarding minors from exposure to inappropriate material.
[B] Grievance Redressal Mechanism
Three-Tier System: A comprehensive grievance redressal mechanism consisting of three tiers has been established:
Level-I: Publishers are encouraged to engage in self-regulation to address grievances and concerns internally.
Level-II: A self-regulating body, headed by a retired judge from the Supreme Court or High Court or an eminent independent figure, will oversee complaints and ensure impartial resolution.
Level-III: The Ministry of Information and Broadcasting will formulate an oversight mechanism and establish an inter-departmental committee tasked with addressing grievances. This body possesses the authority to censor and block content when necessary.
[C] Selective Banning of OTT Communication Services
Parliamentary Notice: Concerns about the influence and impact of OTT communication services prompted a notice from a Parliamentary Standing Committee to the Department of Telecom (DoT).
Scope of Discussion: This discussion focuses exclusively on OTT communication services such as WhatsApp, Signal, Meta (formerly Facebook), Google Meet, and Zoom, excluding content-based OTTs like Netflix or Amazon Prime.
Regulatory Authority: Content regulation within OTT communication services falls under the jurisdiction of the Ministry of Information and Broadcasting (MIB), emphasizing the government’s commitment to ensuring responsible communication practices.
Former Supreme Court judge Justice Ajay Manikrao Khanwilkar has been appointed as the chairperson of Lokpal, the anti-corruption ombudsman of India.
Justice Khanwilkar retired from the Supreme Court in July 2022, bringing a wealth of judicial experience to his new role.
About Lokpal
Establishment: Lokpal is a statutory body established under the Lokpal and Lokayuktas Act of 2013.
Mandate: It is tasked with investigating allegations of corruption against certain public functionaries and related matters.
Organisational Structure:
The Lokpal comprises a chairperson and a maximum of 8 members.
The chairperson must be a former Chief Justice of India, a former Supreme Court judge, or an eminent person meeting eligibility criteria.
Half of the members must be judicial members, either former Supreme Court judges or former Chief Justices of High Courts.
At least 50% members must be from SC / ST / OBC / Minorities and women.
Members serve a term of 5 years or until they turn 70, whichever is earlier.
Perks and Benefits: The salary, allowances, and other conditions of service for the chairperson are equivalent to those of the CJI, while members receive benefits similar to Supreme Court judges.
Appointment Process:
The President of India appoints the chairperson and members based on the recommendation of a selection committee.
The selection committee includes the PM as Chairperson, the Speaker of Lok Sabha, the Leader of Opposition in Lok Sabha, the Chief Justice of India or a nominated judge, and one eminent jurist.
Jurisdiction:
Lokpal has jurisdiction to investigate allegations of corruption against Prime Ministers, Union Ministers, Members of Parliament, and officials of the Union Government.
It extends to individuals associated with government-funded entities and those receiving substantial foreign contributions.
Exceptions for Prime Minister:
Lokpal cannot probe allegations against the PM related to certain sensitive areas like international relations, security, public order, atomic energy, and space without the approval of at least 2/3rds of its members.
A full Lokpal bench must consider initiating inquiries into complaints against the PM.
Powers of Lokpal:
Lokpal exercises superintendence over and provides directions to the Central Bureau of Investigation (CBI)in corruption cases.
It can authorize the CBIfor search and seizure operations linked to such cases.
The Lokpal’s Inquiry Wing possessespowers akin to a civil court.
It can recommend the transfer or suspension of public servantsimplicated in corruption allegations.
Lokpal is empowered to prevent the destruction of records during preliminary inquiries and confiscate assets obtained through corruption.
Reporting and Accountability
Annually, Lokpal submits a report on its activities to the President, which is then presented to both Houses of Parliament for scrutiny.
Try this PYQ from CS Mains 2013
Q.‘A national Lokpal, however strong it may be, cannot resolve the problems of immorality in public affairs’. Discuss.
The Association for Democratic Reforms (ADR) and the National Election Watch has found that 36% of the newly elected Rajya Sabha candidates have declared criminal cases against themselves.
Context:
Increase in Serious Crimes: 17% of total candidates face serious criminal charges, including with cases related to attempted murder, underscoring the gravity of the situation.
Biased Representation: Approximately 21% of the candidates are billionaires, with assets exceeding Rs 100 crore, reflecting the significant wealth amassed by certain individuals in the political arena.
Prevailing disparities: The majority (76%) of candidates belong to the 51-70 age group, with only 19% being women, reflecting gender disparities in political representation.
Why does Criminality persist in Indian politics?
Political Patronage: Criminals seek political backing to sustain their illicit activities, while politicians rely on criminals for funding, muscle power, and electoral support.
Protracted Legal Processes: Lengthy court proceedings, averaging around 15 years, coupled with declining conviction rates, allow criminals to evade justice and continue their political careers.
Legal Ambiguity: Pending cases become a shield for tainted candidates, who exploit the “law will take its own course” narrative to deflect scrutiny.
Electoral Advantage: Candidates with criminal records may have higher chances of winning elections, incentivizing parties to field them despite ethical concerns.
Limited Scrutiny: Despite legal mandates for candidates to disclose criminal cases, voters often lack the awareness or resources to scrutinize this information effectively.
Vote Bank Dynamics: Parties exploit caste, religious, or regional loyalties, prioritizing short-term gains over candidate integrity.
Impacts of Criminality in Indian politics:
Corrosive Effects: The fusion of crime and politics has corrosive effects on the governance. The nexus between crime and politics can exacerbate corruption and weaken governance structures. When politicians with criminal backgrounds hold office, there is a higher likelihood of corruption, misuse of power, and a lack of transparency in decision-making processes, all of which can have detrimental effects on the economy.
Undermining Democracy: Allowing criminals in politics undermines the development of a healthy democracy that India’s freedom fighters fought for. The impact extends to the provision of public goods. Research findings suggest that the effects are concentrated in less developed and more corrupt Indian states, indicating that the presence of criminal politicians hinders the effective delivery of public goods and services to constituents.
Economic Growth: While criminal candidates may win elections in the short term, their presence can hinder the long-term development of a robust democracy. The election of criminally accused politicians leads to lower economic growth in their constituencies. Studies show a 22% point lower yearly growth in the intensity of night-time lights, which serves as a proxy for economic activity, following the election of such politicians.
Measures Taken to Address Criminalization in Politics
[A] Legislative Interventions
Representation of the People Act, 1951: Sections 8(1), 8(2), and 8(3) establish grounds for disqualification of individuals convicted of certain offenses, barring them from contesting elections.
Conduct of Election Rules, 1961: Mandates candidates to file affidavits disclosing pending criminal cases and convictions, enhancing transparency in electoral processes.
Chapter IX A of Indian Penal Code: Defines and penalizes electoral offenses such as bribery and undue influence, deterring criminal activities in elections.
[B] Establishment of Special Courts
Judicial Mechanisms: Special courts dedicated to expediting criminal cases against legislators and parliamentarians help ensure timely justice and accountability.
Tackling Impunity: Targeted prosecution of political figures accused of criminal activities reduces impunity and strengthens the rule of law.
[C] Vohra Committee Report (1993)
Comprehensive Analysis: The Vohra Committee investigated the political-criminal nexus, highlighting its extent and proposing strategies to combat this menace.
Policy Recommendations: Recommendations from the report informed policy decisions aimed at disrupting criminal networks operating within political structures.
[D] Election Commission Initiatives
Affidavit Reforms: Election Commission directives mandate candidates to declare criminal records, financial assets, and educational qualifications, empowering voters with crucial information.
Moral Code of Conduct: Effective enforcement of ethical standards during elections minimizes the influence of criminal elements and promotes fair electoral practices.
Major Judicial Interventions
Background
Key Outcome
Significance
Union of India vs. Association for Democratic Reforms (2002)
Challenged lack of transparency in electoral processes regarding candidates’ records.
Supreme Court mandated Election Commission to compel candidates to disclose criminal, financial, and educational details.
Empowered voters with vital information for informed choices, fostering accountability in elections.
Ramesh Dalal vs. Union of India (2005)
Imposed disqualification criteria for convicted candidates.
Supreme Court ruled sitting MPs/MLAs would be disqualified if convicted and sentenced to imprisonment for two years or more.
Established stringent disqualification criteria to deter candidates with criminal backgrounds, enhancing integrity of elected representatives.
Lily Thomas vs. Union of India (2013)
Addressed interpretation of Section 8(4) of the Representation of the People Act, 1951.
Supreme Court declared Section 8(4) unconstitutional, disqualifying legislators convicted and sentenced to two years or more.
Closed loopholes allowing convicted legislators to retain seats, reinforcing accountability and integrity in the political system.
People’s Union for Civil Liberties vs. Union of India (2013)
Addressed voters’ rights to reject candidates with criminal backgrounds through NOTA.
Supreme Court ruled voters could reject all candidates using NOTA in electronic voting machines (EVMs).
Introduced NOTA as a voting option, empowering voters to express dissatisfaction with criminalized politics, and promoting cleaner elections.
Way Forward
Decriminalization Legislation: Enact laws to prevent individuals facing serious criminal charges from contesting elections, ensuring that those with criminal backgrounds are barred from political office.
State Funding of Elections: Introduce state funding of elections to reduce the influence of money and muscle power, thereby minimizing the role of criminals in financing political campaigns.
Enhanced Voter Awareness: Educate voters about the detrimental effects of criminalization in politics and provide easily accessible information about candidates’ backgrounds to enable informed decision-making.
Empowering Election Commission: Grant Election Commission broader regulatory powers to enforce inner-party democracy, regulate party finances, and curb the influence of criminals in political parties.
Continued Judicial Oversight: Uphold the judiciary’s role in safeguarding electoral integrity by delivering landmark judgments that reinforce accountability, transparency, and ethical conduct among elected representatives.
Strict Enforcement of Disqualification Criteria: Ensure strict implementation of disqualification criteria for convicted politicians, irrespective of their appeals or legal maneuvers.
Try this question from CS Mains 2017:
Q. Young people with ethical conduct are not willing to come forward to join active politics. Suggest steps to motivate them to come forward. (150 Words, 10)
[wpdiscuz-feedback id=”roqfiebpzo” question=”Please leave a feedback on this” opened=”1″]Post your responses here.[/wpdiscuz-feedback]
![[14 March 2024] The Hindu Op-ed: The Karnataka civil engineers Bill, its pathway](https://d18x2uyjeekruj.cloudfront.net/wp-content/uploads/2024/03/WhatsApp-Image-2024-03-17-at-2.41.11-PM-1568x882.jpeg)