💥Join UPSC 2027,2028 Mentorship (August Batch) + XFactor Notes & Microthemes PDF
Talk to Mentor

Civilsdaily

Login

GS Paper: Governance, Transparency & Accountability, Citizens Charters

  • Himachal Pradesh considering legalizing Cannabis Cultivation

    ganja

    Himachal Pradesh CM has announced that the state government is considering legalizing the cultivation of cannabis.

    What is Cannabis?

    • Cannabis, also known as marijuana among other names, is a psychoactive drug from the Cannabis plant used primarily for medical or recreational purposes.
    • The main psychoactive component of cannabis is tetrahydrocannabinol (THC), which is one of the 483 known compounds in the plant, including at least 65 other cannabinoids, including cannabidiol (CBD).
    • It is used by smoking, vaporizing, within the food, or as an extract.

    Prospects of legalizing Marijuana

    (1) Health benefits

    • The cannabinoids found in Cannabis is a great healer and has found mentioned in Ayurveda.
    • It can be used to treat a number of medical conditions like multiple sclerosis, arthritis, epilepsy, insomnia, HIV/AIDS treatment, and cancer.

    (2) Ecological benefits

    • The cannabis plant and seeds apart from being labelled a ‘super-foods’ as per studies is also a super-industrial carbon-negative raw material.
    • Each part of the plant can be used for some industry. Hemp currently is also being used to make bio-fuel, bio-plastics and even construction material in certain countries. The cosmetic industry has also embraced Hemp seeds.

    (3) Marijuana is addiction-free

    • An epidemiological study showed that only 9%  of those who use marijuana end up being clinically dependent on it.
    • The ‘comparable rates’ for tobacco, alcohol and cocaine stood at 32%, 15% and 16% respectively.

    (4) Good source of Revenue

    • By legalizing and taxing marijuana, the government will stand to earn huge amounts of revenue that will otherwise go to the Italian and Israeli drug cartels.
    • In an open letter to US President George Bush, around 500 economists, led by Nobel Prize winner Milton Friedman, called for marijuana to be “legal but taxed and regulated like other goods”.

    (5) A potential cash crop

    • The cannabis plant is something natural to India, especially the northern hilly regions. It has the potential of becoming a cash crop for poor marginal farmers.
    • If proper research is done and the cultivation of marijuana encouraged at an official level, it can gradually become a source of income for poor people with small landholdings.

    (6) Prohibition was ineffective

    • In India, the consumption of synthetic drugs like cocaine has increased since marijuana was banned, while it has decreased in the US since it was legalized in certain states.
    • Moreover, these days, it is pretty easy to buy marijuana in India and its consumption is widespread among the youth. So it is fair to say that prohibition has failed to curb the ‘problem’.

    (7) Marijuana is less harmful

    • Marijuana consumption was never regarded as a socially deviant behaviour any more than drinking alcohol was. In fact, keeping it legal was considered as an ‘enlightened view’.
    • It is now medically proven that marijuana is less harmful than alcohol.

    Risks of Legalizing Cannabis

    (1) Health risks continue to persist

    • There are many misconceptions about cannabis. First, it is not accurate that cannabis is harmless.
    • Its immediate effects include impairments in memory and in mental processes, including ones that are critical for driving.
    • Long-term use of cannabis may lead to the development of addiction of the substance, persistent cognitive deficits, and of mental health problems like schizophrenia, depression and anxiety.
    • Exposure to cannabis in adolescence can alter brain development.

    (2) A new ‘tobacco’ under casualization

    • A second myth is that if cannabis is legalized and regulated, its harms can be minimized.
    • With legalization comes commercialization. Cannabis is often incorrectly advertised as being “natural” and “healthier than alcohol and tobacco”.
    • Tobacco, too, was initially touted as a natural and harmless plant that had been “safely” used in religious ceremonies for centuries.

    (3) Unconvincing Advocacy

    • Advocates for legalization rarely make a convincing case. To hear some supporters tell it, the drug cures all diseases while promoting creativity, open-mindedness, moral progression.
    • Too much trivialization of Cannabis use could lead to its mass cultivation and a silent economy wreaking havoc through a new culture of substance abuse in India.

    Legalization status elsewhere in India

    • Several states in India have already legalized cannabis cultivation, including neighboring Uttarakhand, which became the first state in the country to do so in 2017.
    • Controlled cultivation is being done in some districts of Gujarat, Madhya Pradesh, and Uttar Pradesh.

    Legal Framework for Cannabis Cultivation

    • Definition of Cannabis: The Parliament has defined cannabis in the Narcotic Drugs and Psychotropic Substances Act (NDPS), 1985.
    • Ban on extracting resin and flowers: While a complete ban has been imposed on extracting the resin and flowers of the cannabis plant, the law determines the method and extent of cultivation of cannabis for medicinal and scientific purposes.
    • Authorities to States: Section 10 (a) (iii) of the Act empowers States to make rules regarding the cultivation of any cannabis plant, production, possession, transport, consumption, use, purchase, sale, and consumption of cannabis (except charas).
    • Cultivation of hemp: States are also empowered to permit, by general or special order, the cultivation of hemp, only for obtaining fibber or seeds or for horticultural purposes.

    What next?

    • The government will consider all aspects, including regulatory measures, and study the models followed by other States that have legalized cannabis cultivation, before taking the final call.
    • Highlighted that the government is cautious about the potential increase in drug use, and will make a decision only after a thorough study by the committee.

  • Citizen-Centric Governance: Important Aspects of Development In Any Democracy

    Central idea

    • Citizen-centric governance is an evolving concept, and to put it into action requires clarity in the actions that civil servants perform and how citizens engage with the state. Citizen engagement is about collaborative partnerships and dialogue and must involve all stakeholders to ensure the overall development of a community or a nation.

    Citizen-Centric Governance

    • Paradigm shift in traditional governance: Citizen-centric governance refers to a paradigm shift in the traditional governance structures where the focus is shifted from the power holders to the citizens.
    • Access to information and services to citizens: Traditionally, governance structures hold the power to make decisions that affect the lives of citizens. But citizen-centric governance focuses on providing citizens with access to information, services, and resources and on engaging them in the policy-making process.
    • Increased citizen participation: The objective of citizen-centric governance is to increase citizen participation in decision-making processes

    Mission Karmayogi

    • Capacity building of civil servants: Mission Karmayogi, the National Programme for Civil Services Capacity Building has been strategically working to build the capacities of civil servants through various innovative interventions to sensitise and reframe the fabric of citizen participation.
    • karmachari to karmayogi: Today, thousands of railway employees, Gramin Dak Sevaks, police personnel in the UTs and employees of BSNL are all going through an outcome-based capacity-building programme that is shifting them from thinking like a karmachari to acting like a karmayogi.

    Citizen Engagement

    • Citizen engagement refers to how citizens participate in the political, social and economic aspects of their community or society.
    • Citizen engagement is highly embedded in the nature of the political and governance context and existing power relations.
    • It needs to be understood as a core component of any governance system, and in democracies, citizen engagement is a basic principle because it is understood that governments derive their authority and power from the people.

    What the multi-stakeholder engagement requires?

    • Constructive dialogue: Development by the people and for the people is indeed possible. Citizen engagement towards democratising the process of development necessarily involves a constructive dialogue between and amongst all stakeholders.
    • Mutual trust and respect: Meaningful dialogue among the stakeholders the state, citizenry, private sector, media, civil society and academia can sustain only when there is mutual trust. The relationship between these multiple stakeholders needs to be driven by mutual respect and an appreciation of interdependence and reciprocity.
    • Redrawing boundaries of engagement: However, this may involve redrawing boundaries of engagement and roles that stakeholders have traditionally assumed for themselves.
    • Partnership approach: The multi-stakeholder engagement would require the adoption of the partnership approach by all parties involved.

    Conclusion

    • Citizen-centric governance and citizen engagement are important aspects of development in any democracy. By adopting a partnership approach and mutual respect for each other’s roles, stakeholders can work together to ensure the overall development of a community and nation at large. The Indian government’s program, Mission Karmayogi, is a right step towards building the capacities of civil servants and sensitizing them to citizen participation.
    Are you an IAS Worthy Aspirant? Get a reality check with the All India Smash UPSC Scholarship Test

    Get upto 100% Scholarship | 900 Registration till now | Only 100 Slots Left

     

  • DPDP Bill 2022: Need for Sector-Specific Safeguards

    Central Idea

    • India’s digital economy is growing rapidly and generating massive amounts of personal data. As citizens embrace convenience, understanding how this data is handled and protected has become critical. The Digital Personal Data Protection (DPDP) Bill 2022 aims to safeguard citizens’ information from misuse and unauthorised access but lacks specificity in certain clauses such as the interaction with sectoral data protection regulations.

    The Digital Personal Data Protection (DPDP) Bill 2022

    • The Digital Personal Data Protection (DPDP) Bill 2022 is a proposed legislation aimed at safeguarding the personal data of Indian citizens from misuse and unauthorized access.
    • The bill aims to regulate the handling of personal data in the rapidly growing digital economy of India.

    Seven principles of DPDP Bill, 2022

    According to an explanatory note for the bill, it is based on seven principles-

    1. Lawful use: The first is that usage of personal data by organisations must be done in a manner that is lawful, fair to the individuals concerned and transparent to individuals.
    2. Purposeful dissemination: The second principle states that personal data must only be used for the purposes for which it was collected.
    3. Data minimisation: Bare minimum and only necessary data should be collected to fulfill a purpose.
    4. Data accuracy: At the point of collection. There should not be any duplication.
    5. Duration of storage: The fifth principle talks of how personal data that is collected cannot be stored perpetually by default, and storage should be limited to a fixed duration.
    6. Authorized collection and processing: There should be reasonable safeguards to ensure there is no unauthorised collection or processing of personal data.
    7. Accountability of users: The person who decides the purpose and means of the processing of personal data should be accountable for such processing

    Challenges regarding conflicting sectoral regulations in India

    • The DPDP Bill 2022 lacks specificity in certain clauses regarding the interaction with sectoral data protection regulations.
    • While the Bill allows for filling regulatory gaps, conflicting sectoral regulations may create confusion.
    • India already has sectoral regulations regarding data protection, such as the Reserve Bank of India’s directive on storage of payment data and the National Health Authority’s Health Data Management Policy. Any deviation from existing regulations will further require the industry to readjust their operations again at considerable cost.

    Approach to regulate privacy and protect data

    • The two major approaches to regulating privacy and protecting data is comprehensive legislation and sector-specific regulations
    • The European Union’s General Data Protection Regulation (GDPR) as an example of comprehensive legislation with sector-specific provisions
    • The American sectoral approach as a patchwork of regulations tailored to specific industries, with flaws in inconsistent protection, enforcement, and lack of federal regulation

    Way ahead: Finding the right balance for India

    • There is a need for greater clarity and specificity in the interaction between the DPDP Bill and sectoral regulations in India
    • It is important to build on existing sectoral regulations to avoid undermining their efforts and require further costly adjustments
    • The role of sectoral experts in ensuring a safer, more secure, and dynamic digital landscape for Indian citizens in the future is important.

    Conclusion

    • The DPDP Bill must serve as the minimum layer of protection, with sectoral regulators having the ability to build on these protections for a safer and more secure digital landscape.
    Are you an IAS Worthy Aspirant? Get a reality check with the All India Smash UPSC Scholarship Test

    Get upto 100% Scholarship | 900 Registration till now | Only 100 Slots Left

     

  • Electricity Discoms: Public Hearings And Public Participation in Decision Making

    Public Hearings

    Central Idea

    • The scale of operations of electricity distribution companies is clear from the fact that their annual revenue requirement is 20% of the Union Budget. The article discusses the importance of public participation in the decision-making process of electricity distribution companies and the role of public hearings conducted by Electricity Regulatory Commissions (ERCs) in this regard. The central ERC recently issued a public notice where it announced that hearings would resume through in-person mode.

    All you need to know about Electricity Regulatory Commissions (ERCs)

    • Independent body: ERCs are independent statutory bodies established by the government to regulate the generation, transmission, distribution, and trading of electricity in a particular state or region.
    • Role: The primary role of ERCs is to protect the interests of electricity consumers by ensuring that electricity is supplied to them at reasonable and affordable rates while ensuring the financial viability of the electricity sector.
    • Powers: ERCs also have the power to issue licenses to power generation and distribution companies, set tariffs, and adjudicate disputes between stakeholders in the electricity sector.
    • To ensure transparent framework: ERCs are an essential part of the electricity sector, ensuring that there is a fair and transparent regulatory framework that promotes competition, efficiency, and innovation.

    Importance of Public Participation in the decision-making process of electricity distribution companies

    • Transparency: Public participation promotes transparency in the decision-making process, It ensures that stakeholders are informed about the decisions being made, the rationale behind them, and the potential impact on the community.
    • Accountability: It creates a system of checks and balances that helps ensure that decisions made are in the best interest of the public.
    • Improved Decision Making: Public participation can provide DISCOMs with valuable insights and perspectives from the community. This can help improve decision-making by ensuring that decisions are made based on a comprehensive understanding of the issues and the needs of the community.
    • Increased Trust: When the public is involved in the decision-making process, it helps build trust between the community and the DISCOM. This can lead to increased support for the decisions made, greater acceptance of the outcomes, and reduced potential for conflict or opposition.
    • Community Empowerment: Public participation can empower the community to have a voice in the decisions that affect their daily lives. This can lead to a greater sense of ownership and responsibility for the outcomes, as well as increased engagement and participation in future decision-making processes.

    In-person Public Hearings

    1. Pros of In-person Public Hearings
    • Greater sense of community: In-person hearings provide a greater sense of community and allow for face-to-face interactions, which can help build trust and foster dialogue.
    • Physical presence: In-person hearings allow participants to physically be present in the room, which can make it easier for them to be heard and have their concerns addressed.
    • Better understanding: In-person hearings may be more effective at conveying complex information and data, as participants can ask questions and seek clarification in real-time.
    • Increased transparency: In-person hearings can increase transparency as they allow the public to see and hear the proceedings first-hand, and hold regulators and utilities accountable.
    1. Cons of In-person Public Hearings
    • Accessibility: In-person hearings may not be accessible to all members of the public, especially those who are physically unable to attend, live far away, or have other commitments.
    • Time-consuming and expensive: In-person hearings can be time-consuming and expensive to organize and attend, which can deter participation and limit the diversity of voices represented.
    • Limited participation: In-person hearings may limit participation to those who are comfortable with public speaking or who have the means to travel and attend the hearing, potentially excluding some marginalized groups.

    Online Public Hearings

    1. Pros of Online Public Hearings
    • Accessibility: Online hearings are more accessible to a wider audience, as participants can attend from anywhere with an internet connection.
    • Convenience and flexibility: Online hearings provide more convenience and flexibility for participants as they can attend from the comfort of their own homes and at their own pace.
    • Increased participation: Online hearings may increase participation from diverse groups and those who may not be comfortable with public speaking or traveling to attend an in-person hearing.
    • Cost-effective: Online hearings can be less expensive to organize and attend, which can allow for more resources to be dedicated to other aspects of the regulatory process.
    1. Cons of Online Public Hearings
    • Technical difficulties: Online hearings may be subject to technical difficulties, such as poor internet connection or difficulties with the online platform, which can hinder participation and the effectiveness of the hearing.
    • Limited sense of community: Online hearings may lack the sense of community that in-person hearings provide, potentially limiting the opportunity for dialogue and relationship building.
    • Digital divide: Online hearings may be inaccessible to those who do not have reliable internet access or the necessary technology to participate.
    • Privacy concerns: Online hearings may raise privacy concerns, as participants may be uncomfortable sharing personal information or speaking out in a public forum.

    What could be the best option?

    • A hybrid mode with both in-person and online options is the best approach to ensure quality public participation.
    • Moving back to the pre-pandemic practice of only in-person hearings takes away a convenient avenue for consumer engagement and impacts meaningful interactions that are possible in the in-person platform.
    • The provision of online mode in addition to in-person hearings would strengthen public participation and plug access gaps, provide flexibility of participation to the citizen, and enable a robust avenue for public participation.

    Conclusion

    • Public hearings conducted in hybrid mode, with the choice of mode being left to the citizen, are best suited to improving access and ensuring quality public participation. There is a need for institutions to continue to build infrastructure and experience toward online hearings and make improvements in how online hearings are conducted.

    Mains Question

    Q. What is the role of Electricity Regulatory Commissions (ERCs) in the electricity sector, and why is public participation important in the decision-making process of electricity distribution companies?

    Are you an IAS Worthy Aspirant? Get a reality check with the All India Smash UPSC Scholarship Test

    Get upto 100% Scholarship | 900 Registration till now | Only 100 Slots Left

     

  • One Nation, One Challan Initiative

    challan

    The Gujarat Govt. informed High Court that it’s setting up virtual traffic courts under ‘One Nation One Challan’ initiative while hearing a PIL on the matter.

    What is the One Nation, One Challan initiative?

    • One Nation, One Challan is an initiative of the Ministry of Road Transport and Highways.
    • It aims to bring all related agencies, such as the traffic police and the Regional Transport Office (RTO), on one platform, to enable seamless collection of challans as well as data transfer.
    • The integrated system uses the CCTV network to detect traffic violations and retrieve the registration number of the offending vehicle from applications like VAHAN and SARATHI.
    • An e-Challan is then generated with the relevant penalty amount, and sent to the mobile number linked with the vehicle.

    What did the Gujarat govt inform?

    • In Gujarat, the initiative is operational in three commissionerate areas of Ahmedabad, Rajkot and Surat since January this year and implementation at Vadodara is underway.

    How does the integration help?

    • Prior to the integration, details of vehicle ownership from a different state could not be accessed through the CCTV network for penalization.
    • Integration of all states’ RTO data and traffic police data with the support of NIC servers allows access to vehicle registration and related data for violators from different states.
    • Challans will be sent directly to the mobile number registered with the vehicle.
    • NIC is set to launch its own application for e-Challan delivery.

    How do virtual traffic courts work?

    • Virtual courts are aimed at eliminating the presence of litigants in the court.
    • An accused can search their case on the virtual court’s website. Upon successful payment of the fine, the case will be shown as disposed of.
    • For now, one court is in the process of being designated as a virtual court for the whole of Gujarat.

     

    Are you an IAS Worthy Aspirant? Get a reality check with the All India Smash UPSC Scholarship Test

    Get upto 100% Scholarship | 900 Registration till now | Only 100 Slots Left

  • OTT Governance: Measures To Enhance Transparency

    Central Idea

    • It has been two years since the government issued the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules through which the Ministry of Information and Broadcasting (I&B) was given the task of regulating content on OTT and online platforms. India’s approach can be termed as a light-touch co-regulation model where there is self-regulation at the industry level and final oversight mechanism at the Ministry level.

    Get your Rs 10,000 worth of UPSC Strategic Package for FREE | PDFs, Zoom session, Tests, & Mentorship

    What are OTT Media?

    • An over-the-top (OTT) media service is a streaming media service offered directly to viewers via the Internet.
    • OTT bypasses cable, broadcast, and satellite television platforms, the companies that traditionally act as a controller or distributor of such content.
    • The term is most synonymous with subscription-based video-on-demand (SVoD) services that offer access to film and television content.
    • They are typically accessed via websites on personal computers, as well as via apps on mobile devices (such as smartphones and tablets), digital media players, or televisions with integrated Smart TV platforms.

    Digital Media Ethics Code Relating to Digital Media and OTT Platforms

    • This Code of Ethics prescribes the guidelines to be followed by OTT platforms and online news and digital media entities.
    1. Self-Classification of Content: Platforms must self-classify content into five age-based categories and implement parental locks and age verification mechanisms.
    2. Norms for news: Publishers of news on digital media would be required to observe Norms of Journalistic Conduct of the Press Council of India and the Programme Code under the Cable Television Networks Regulation Act.
    3. Self-regulation by the Publisher: Publisher shall appoint a Grievance Redressal Officer based in India who shall be responsible for the redressal of grievances received by it. The officer shall take a decision on every grievance received it within 15 days.
    4. Self-Regulatory Body: Publishers can have a self-regulatory body headed by a retired judge or eminent person with up to six members. The body must register with the Ministry of Information and Broadcasting, monitor publisher compliance with the Code of Ethics, and address grievances not resolved by publishers within 15 days.
    5. Oversight Mechanism: The Ministry of Information and Broadcasting must establish an oversight mechanism and establish an Inter-Departmental Committee to hear grievances.

    Guidelines Related to social media

    • Due Diligence to Be Followed By Intermediaries: The Rules prescribe due diligence that must be followed by intermediaries, including social media intermediaries. In case, due diligence is not followed by the intermediary, safe harbour provisions will not apply to them.
    • Grievance Redressal Mechanism: The Rules seek to empower the users by mandating the intermediaries, including social media intermediaries, to establish a grievance redressal mechanism for receiving resolving complaints from the users or victims.
    • Ensuring Online Safety and Dignity of Users, Especially Women Users: Intermediaries shall remove or disable access within 24 hours of receipt of complaints of contents that erodes individual privacy and dignity.

    What are the concerns?

    • Low compliance and limited public awareness: OTT Rules require display of contact details for grievance redressal mechanisms and officers, but compliance is low and awareness among public is limited. Though the OTT Rules were notified in 2021, there is little awareness about them among the general public.
    • Lack of Transparency in Complaint Redressal Information: In many cases, either the complaint redressal information is not published or published in a manner that makes it difficult for a user to notice easily. In some cases, the details are not included as part of the OTT app interface.

    The Singapore Model

    • In Singapore, the Infocomm Media Development Authority is the common regulator for different media.
    • Aside from instituting a statutory framework and promoting industry self-regulation, its approach to media regulation emphasises on promoting media literacy through public education.

    What needs to be done?

    • Uniformity: There is a need for uniformity in displaying key information on obligations, timelines, and contact details for grievance redressal.
    • Specified rules: Rules should specify manner, text, language, and frequency for display of vital information and mandate industry associations to run campaigns in print and electronic media
    • Description in respective languages: Age ratings and content descriptors should be displayed in respective languages of the video, and shown prominently in full-screen mode for a mandatory minimum duration
    • Guidelines should be prominent in advertisements: Guidelines should ensure film classification/rating is legible and prominent in advertisements and promos of OTT content in print and electronic media.

    Measures to Enhance Transparency and Accountability in OTT Platform Governance

    • Periodic Audits by Independent Body: Periodic audits should be undertaken by an independent body to check the existence and effectiveness of access controls, age verification mechanisms, and display of grievance redressal details by each OTT platform.
    • Dedicated Umbrella Website: The Ministry could facilitate a dedicated umbrella website for the publication of applicable Rules, content codes, advisories, contact details for complaints/appeals, etc.
    • Publish Complaint Details in public domain: Publish detailed complaint descriptions and decisions by OTT providers and self-regulatory bodies in the public domain; providers should upload this information on a dedicated website for transparency.
    • IDC Membership to be Broad-Based and Representative: The Inter-Departmental Committee (IDC) comprising officer-nominees from various ministries of the Central government and domain experts should be made more broad-based and representative with security of tenure.
    • Provision for Disclosure: Provision for the disclosure or publication of an apology/warning/censure on the platform or website should be incorporated in the Rules.
    • Financial Penalties: Financial penalties may be imposed on erring entities.
    • Common Guidelines for Content Governance: A common set of guidelines for content, classification, age ratings, violations, etc. should be evolved to govern content uniformly across platforms in the era of media convergence.

    Conclusion

    • India’s OTT regulatory model aims to strike a balance between self-regulation and legal backing, aligning with global trends. The government’s efforts to enhance media literacy and transparency will not only promote effective self-regulation but also empower millions of OTT consumers. These initiatives are crucial for achieving the objective of raising India’s stature at an international level and serving as a model for other nations to emulate.

    Mains Question

    Q. Despite the launch of Intermediary Guidelines and Digital Media Ethics Code there are still concerns over the OTT governance. In this backdrop Discuss what can be done to improve the transparency and safeguarding the its users?

    Attempt UPSC 2024 Smash Scholarship Test | FLAT* 100% OFF on UPSC Foundation & Mentorship programs

  • In news: Survey of India

    survey

    The Survey of India (SOI), India’s 250-year-old map maker, will no longer have a monopoly on making high-resolution maps. SOI will however remain the arbiter of maps that deal with State borders and national boundaries.

    Key announcements by SOI

    • Focus on map accuracy: The SoI will now take action against digital platforms that violate its guidelines and will develop a framework to ensure the accuracy of maps.
    • Regulating use by digital platforms: The SoI has also asked digital platforms to comply with its guidelines and to seek its permission before publishing maps of the country.
    • Ensure territorial integrity: The move is aimed at ensuring that the country’s borders and territorial integrity are accurately depicted in maps, and that sensitive locations are not compromised by the publication of maps that violate the country’s security interests.

    In a nutshell: The Survey of India (SOI) will now be more like a regulatory body.

    What is Survey of India?

    • The SOI is India’s central engineering agency in charge of mapping and surveying.
    • First modern scientific survey of India” was undertaken by W. Mather in 1793–96 on instructions of Superintendent of Salem and Baramahal (TN), Col. Alexander Read.
    • Set up in 1767 to help consolidate the territories of the British East India Company, it is one of the oldest Engineering Departments of the GoI.
    • Its members are from Survey of India Service cadre of Civil Services of India and Army Officers from the Indian Army Corps of Engineers.
    • It is headed by the Surveyor General of India.

    Responsibilities

    • Advisor to Govt: Survey of India acts as adviser to the Government of India on all cartography of India related matters, such as geodesy, mapping and map reproduction.
    • Geo names: It is responsible for the naming convention and spellings of names of geographical features of India.
    • Certification and publication: Scrutiny and certification of external boundaries of India and Coastline on maps published by other agencies including private publishers.
    • Surveys: geodetic datum, geodetic control network, topographical control, geophysical surveys, cadastral surveying, geologic maps, aeronautical charts within India, such as for forests, army cantonments, large scale cities, guide maps, developmental or conservation projects, etc.
    • National borders: Demarcation of the borders and external boundaries of India as well as advice on the demarcation of inter-state boundaries.

     

    Attempt UPSC 2024 Smash Scholarship Test | FLAT* 100% OFF on UPSC Foundation & Mentorship programs

    Get your Rs 10,000 worth of UPSC Strategic Package for FREE | PDFs, Zoom session, Tests, & Mentorship

  • Digital Personal Data Protection Bill: Need A Pre-legislative Consultation

    protection

    Central Idea

    • The Ministry of Electronics and Information Technology has drafted a Digital Personal Data Protection (DPDP) Bill. A data protection law must safeguard and balance peoples’ right to privacy and their right to information, which are fundamental rights flowing from the Constitution. Unfortunately, this Bill fails on both counts.

    Crack Prelims 2023! Talk to our Rankers

    Why do we need data protection?

    • Increasing internet use: India currently has over 750 million Internet users, with the number only expected to increase in the future.
    • Data breaches: At the same time, India has among the highest data breaches in the world. Without a data protection law in place, the data of millions of Indians continue to be at risk of being exploited, sold, and misused without their consent.
    • Individual privacy: Data monetization may happen at cost of individual privacy. The most sought-after datasets are those that contain sensitive personal data of individuals, ex. medical history, and financial data.
    • Lack of writ proceedings against corporate action: Unlike state action, corporate action or misconduct is not subject to writ proceedings in India. This is because fundamental rights are, by and large, not enforceable against private non-state entities. This leaves individuals with limited remedies against private.

    DPDP Bill, 2022 is based on seven principles

    According to an explanatory note for the bill, it is based on seven principles-

    • Lawful use: The first is that “usage of personal data by organisations must be done in a manner that is lawful, fair to the individuals concerned and transparent to individuals.”
    • Purposeful dissemination: The second principle states that personal data must only be used for the purposes for which it was collected.
    • Data minimisation: Bare minimum and only necessary data should be collected to fulfill a purpose.
    • Data accuracy: At the point of collection. There should not be any duplication.
    • Duration of storage: The fifth principle talks of how personal data that is collected cannot be “stored perpetually by default,” and storage should be limited to a fixed duration.
    • Authorized collection and processing: There should be reasonable safeguards to ensure there is “no unauthorised collection or processing of personal data.”
    • Accountability of users: The person who decides the purpose and means of the processing of personal data should be accountable for such processing.

    Why the Bill must be put through a process of rigorous pre-legislative consultation?

    • Dilutes the provisions of the Right to Information (RTI) Act: The Bill seeks to dilute the provisions of the Right to Information (RTI) Act, which has empowered citizens to access information and hold governments accountable. It is behind the cloak of secrecy that the rights of individuals are most frequently abrogated, and corruption thrives.
    • Fails to safeguard right to privacy: Proposed Bill creates wide discretionary powers for the Central government and thus fails to safeguard people’s right to privacy.
    • For instance: Under Section 18, it empowers the Central government to exempt any government, or even private sector entities, from the provisions of the Bill by merely issuing a notification.
    • The Bill does not ensure autonomy of the Data Protection Board: Given that the government is the biggest data repository, it was imperative that the oversight body set up under the law be adequately independent to act on violations of the law by government entities. The Bill does not ensure autonomy of the Data Protection Board, the institution responsible for enforcement of provisions of the law.
    • Government direct control over the Data Protection Board: The Central government is empowered to determine the strength and composition of the Board and the process of selection and removal of its chairperson and other members.
    • Serious apprehensions of its misuse by the executive: The Central government is also empowered to assign the Board any functions under the provisions of this Act or under any other law.
    • Going digital by design fails to those who do not have meaningful access: The Bill stipulates that the Data Protection Board shall be ‘digital by design’, including receipt and disposal of complaints. As per the latest National Family Health Survey, only 33% of women in India have ever used the Internet. The DPDP Bill, therefore, effectively fails millions of people who do not have meaningful access to the Internet.

    Conclusion

    • The government has been given the power to exempt not only government agencies but any entity that is collecting user data, from having to comply with the provisions of this bill when it is signed into law.

    Mains question

    Q. It is behind the cloak of secrecy that the rights of individuals are most frequently abrogated, and corruption thrives. Discuss.

    (Click) FREE 1-to-1 on-call Mentorship by IAS-IPS officers | Discuss doubts, strategy, sources, and more

  • Geo-heritage Sites and Geo-relics Bill, 2022

    The draft Geo-heritage Sites and Geo-relics (Preservation and Maintenance) Bill, 2022, aimed at protecting India’s geological heritage that includes fossils, sedimentary rocks, natural structures, has raised alarm in India’s geo-sciences and palaeontology community.

    Geo-heritage Sites and Geo-relics Bill, 2022

    Objectives

    • Protect and preserve the geo-heritage sites and geo-relics of national importance in India.
    • Empower the central government to identify, declare, acquire, preserve, and maintain geo-heritage sites and geo-relics.
    • Ensure that the valuable geological specimens and formations are not damaged or destroyed by human activity or natural disasters.
    • Promote research, education, and awareness about the significance and value of geo-heritage sites and geo-relics.
    • Provide a legal framework for the protection and management of geo-heritage sites and geo-relics, to ensure their long-term preservation and maintenance.

    Key Features

    • Declaration of geoheritage sites: The central government may declare a site as a geoheritage site of national importance. Geoheritage sites must contain features of geological significance, such as geo-relics or natural rock sculptures. Geo-relics are movable relics such as fossils or meteorites.
    • Protection of geoheritage sites: The draft Bill empowers the central government to acquire, preserve, and maintain geoheritage sites. The Director General of the Geological Survey of India will be given powers for this purpose, such as surveying and excavation. Construction on these sites will be prohibited. However, it may be authorised by the Director General to preserve the site or to repair a structure that predates the declaration of the site.
    • Protection of geo-relics: The central government may declare that a geo-relic cannot be moved from its site, by notification, unless permitted by the Director General. The Director General may direct the acquisition of a geo-relic to protect it.
    • Offences and penalties: Offences under the Bill include (i) destruction or misuse of a geoheritage site, (ii) illegal construction, and (iii) damaging or illegally moving a geo-relic. These offences are punishable with a fine of up to five lakh rupees or imprisonment of up to six months, or both.

    Issues raised with this legislation

    • Narrow definition of “geo-relics”: The bill defines “geo-relics” as movable geological specimens, but does not include other important geological features, such as geological formations or landscapes.
    • No academic participation: The bill gives exclusive powers to the Geological Survey of India (GSI) for identifying, declaring, acquiring, preserving, and maintaining geo-heritage sites and geo-relics, without any role for state geological departments or universities.
    • Excessive powers vested to GSI: Experts have criticized the draft bill for vesting exclusive powers in the GSI, without any role for state geological departments or universities. The GSI will be responsible for identifying, declaring, acquiring, preserving, and maintaining geo-heritage sites and geo-relics.
    • Lack of public participation: The bill has been criticized for lacking any legal framework for the involvement of local communities or civil society organizations in the protection and management of geo-heritage sites.
    • Lacks transparency: The bill has been criticized for lacking transparency and public consultation, with some experts suggesting that it should be redrafted to ensure a more participatory and inclusive approach to the protection and management of geo-heritage sites.

    Way forward

    • Inclusion of state geological departments and universities: The bill should include the participation of state geological departments and universities in the identification, declaration, acquisition, preservation, and maintenance of geo-heritage sites and geo-relics.
    • Public participation: The bill should be amended to include a legal framework for the participation of local communities and civil society organizations in the protection and management of geo-heritage sites.
    • Accountability and oversight: The bill should be revised to include provisions for greater accountability and oversight of the GSI, to ensure that its powers are not misused or abused.
    • Expanded definition of “geo-relics”: The bill should be amended to include a broader definition of “geo-relics” that encompasses a wider range of important geological features.
    • Wider consultation: The drafting and implementation of the bill should be made more transparent and inclusive, with greater consultation with all stakeholders to ensure that their interests are adequately represented.

     

    Crack Prelims 2023! Talk to our Rankers

    (Click) FREE 1-to-1 on-call Mentorship by IAS-IPS officers | Discuss doubts, strategy, sources, and more

  • Digital Governance: Are GACs well equipped to deal with grievances?

    GAC

    Context

    • Indian digital governance recently witnessed multiple developments in its appellate mechanisms. In December 2022, Google appealed two of the most significant antitrust decisions that the Competition Commission of India (CCI), issued on the functioning of digital markets.  GAC’s capacity to handle complaints needs to be increased.

    Crack Prelims 2023! Talk to our Rankers

    Background: The Google case of anti-competitive contracts

    • In October 2022, CCI found Google anti-competitive in its Android licensing contracts and app store policies in two separate orders.
    • The National Company Law Appellate Tribunal (NCLAT), an authority for company law, competition law, and insolvency law matters, will hear Google’s appeals from 15-17 February.
    • Simultaneously, the Ministry of Electronics and Information Technology (MeitY) recently announced the formation of three Grievance Appellate Committees to enforce the accountability of online intermediaries.

    What is the grievance appellate committee (GAC)?

    • Based on IT Act: The Centre established three Grievance Appellate Committees based on the recently amended Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules 2021).
    • Three GAC’s: The Centre has announced three different GACs led by the IT, Home Affairs, and Information and Broadcasting ministries.
    • Composition: The committee is styled as a three-member council out of which one member will be a government officer (holding the post ex officio) while the other two members will be independent representatives.
    • Complaint within 30 days: Users can file a complaint against the order of the grievance officer within 30 days.
    • Online dispute resolution: The GAC is required to adopt an online dispute resolution mechanism which will make it more accessible to the users.

    Importance of appellate jurisdiction

    • Three pillars of regulatory framework: Regulatory frameworks stand on three pillars. These include a governing law, an empowered regulator and a fair appeals mechanism.
    • An appellate mechanism is a critical part: An appellate mechanism is a critical part of this framework because it ensures an opportunity to remedy inappropriate application of governing laws. Therefore, if the framework is incapacitated, there will be an unfair application of law, which defeats the purpose of the legislation.
    • Appellate bodies are essential tools for digital markets: Appellate bodies operate under a specialised mandate, which allows them to adapt their processes to the unique facets of a case. They are an essential tool for digital markets, which tend to be more complex than first meets the eye.
    • For instance: Google allows Android users to bypass the Play Store and directly install apps from the internet known as sideloading. But when they do so, Google issues disclaimers about associated security risks linked to downloads from unknown sources. The CCI’s order on Android calls such disclaimers anti-competitive because they reinforce Google’s monopoly over app distribution.

    Are GACs well equipped to deal with grievances?

    • Not well equipped to deal with the user grievances: The recently formed Grievance Appellate Committees do not seem equipped to deal with the barrage of user grievances linked to online intermediary services.
    • For instance: In October 2022, Facebook received 703 complaints, Twitter 723 and WhatsApp 701. WhatsApp then banned 2.3 million accounts. And this does not even account for all other types of online intermediation, such as e-commerce intermediaries.
    • Multiple steps to arrive at a decision while the online is accessible instantly: Online content is accessible by millions instantly, and the longer unlawful content is accessible, the greater the harm to affected parties. Accordingly, a 30-day disposal period for the appeals to the GAC has been mandated. However, any dispute resolution process involves multiple steps.
    • Prolonged dispute resolution: The principles of natural justice also require the originator of the disputed content to be heard. Therefore, when they’re implicated along with intermediaries and complainants, it prolongs the dispute resolution process.
    • GAC’s may struggle to substantially resolve the grievances in time: The Centre has announced three different GACs led by the IT, Home Affairs, and Information and Broadcasting ministries. However, the sheer volume of online user content suggests that GACs may struggle to substantially resolve these grievances in time.

    Conclusion

    • Effective appeals mechanisms form an integral part of the digital governance toolkit. India has a progressive adjudicatory system that recognises the need for specialised appellate mechanisms, but its potential requires actualisation. The appellate mechanism must be strengthened for any technology policy reforms to succeed.

    Mains question

    Q. Briefly explain what is the grievance appellate committee (GAC)? Are GACs well equipped to deal with grievances? Discuss

    (Click) FREE 1-to-1 on-call Mentorship by IAS-IPS officers | Discuss doubts, strategy, sources, and more