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GS Paper: Governance, Transparency & Accountability, Citizens Charters

  • SC seeks measures against ‘vulgarity’ online

    Why in the News?

    Recently, the Supreme Court of India asked Solicitor General Tushar Mehta, representing the Central Government, to suggest regulatory measures to control the use of filthy language and vulgarity in online programmes.

    What did the Supreme Court ask the Solicitor General to suggest regarding online programmes?

    • The Supreme Court asked Solicitor General Tushar Mehta to propose “regulatory measures” to control the use of “filthy language” and “vulgarity” in online programmes.
    • The regulatory framework should ensure that programmes adhere to the “known moral standards” of Indian society while maintaining freedom of speech and expression.
    • These measures are intended to function as reasonable restrictions on free speech, focusing on decency and morality without imposing outright censorship. The court also sought input from stakeholders to facilitate a healthy debate on the issue.

    Why did the court emphasize the need for regulatory measures on humour and vulgarity?

    • To Maintain Public Decency and Morality: The court stressed the need to uphold societal moral standards and prevent the spread of indecent content under the guise of humour. Example: The Supreme Court remarked that humour should be family-friendly and using filthy language is not a demonstration of talent.
    • To Prevent Misuse of Free Speech: While protecting freedom of expression, the court emphasized reasonable restrictions to curb vulgarity and perversity in public content. Example: The court modified restrictions on YouTuber Ranveer Allahbadia, allowing him to broadcast but warned him to adhere to decency norms.
    • To Protect Vulnerable Audiences: The court highlighted the need to shield minors and impressionable viewers from offensive and inappropriate humour. Example: The Solicitor General noted that the content of “India Got Latent” was unsuitable for public viewing due to its perverse nature.
    • To Strike a Balance Between Creativity and Responsibility: The court underlined the fine line between creative humour and offensive language, ensuring content creators remain responsible. Example: Justice Surya Kant noted that talented comedians in India use ordinary words to produce humour without crossing moral limits.
    • To Ensure Accountability of Online Platforms: The court called for regulatory oversight to ensure online platforms are held accountable for the content they broadcast. Example: The Bench urged the Solicitor General to suggest mechanisms to regulate vulgar content while respecting freedom of speech.

     

    What impact does vulgar humour have on society?

    • Erosion of Social and Moral Values: Frequent exposure to vulgar humour desensitizes people to offensive language and inappropriate behavior, weakening social norms. Example: Shows that rely on sexual innuendos or crude jokes may normalize disrespectful behavior towards women and marginalized groups.
    • Negative Influence on Youth: Young audiences imitate vulgar humour, leading to disrespect, bullying, and a casual attitude toward serious issues. Example: Viral videos promoting explicit jokes can shape adolescent speech patterns, fostering insensitivity in social interactions.
    • Public Backlash and Social Division: Vulgar humour offends religious, cultural, or social groups, causing outrage and polarization in society. Example: Comedians making derogatory remarks about religious practices have faced protests, legal action, and censorship demands.
    • Undermining Respect for Institutions: Crude jokes about public figures or institutions diminish trust and disrespect toward authorities and legal systems. Example: Vulgar portrayals of political leaders can foster cynicism and weaken public faith in governance.
    • Legal and Regulatory Consequences: Vulgar content violates decency laws and leads to legal penalties or censorship under frameworks ensuring public morality. Example: YouTuber Ranveer Allahbadia faced legal scrutiny and temporary broadcast bans due to vulgar content on his show.

    Way forward: 

    • Establish a Clear Regulatory Framework: Develop a transparent and balanced regulatory mechanism that sets clear guidelines for online content, ensuring decency and morality while protecting freedom of speech. Example: The government can establish a self-regulatory body for digital content, similar to the Broadcasting Content Complaints Council (BCCC) for television.
    • Promote Responsible Content Creation: Encourage content creators to adopt ethical standards and self-regulation through awareness campaigns and guidelines that differentiate between humour and vulgarity. Example: Platforms like YouTube and OTT services can implement content advisories and age-appropriate ratings to safeguard vulnerable audiences.

    Mains PYQ:

    Q How have digital initiatives in India contributed to the functioning of the education system in the country? Elaborate your answer (UPSC IAS/2020)

  • India sole nation to curb Internet over communal unrest in 2023-24

    Why in the News?

    According to the report, there were 296 Internet shutdowns worldwide in 2024, and India accounted for 84 of them, making up 28% of the total.

    According to the report, there were 296 Internet shutdowns worldwide in 2024, and India accounted for 84 of them, making up 28% of the total.

    What percentage of global Internet shutdowns due to communal violence occurred in India?

    • High Proportion of Global Communal Violence Shutdowns: 56% of global Internet shutdowns due to communal violence occurred in India in 2024. Example: Out of 41 communal violence-related shutdowns worldwide, 23 were imposed in India, highlighting the frequent use of Internet curbs to control communal tensions.
    • Regional Concentration of Shutdowns: Most shutdowns occurred in conflict-prone regions like Manipur (21 shutdowns), Haryana (12 shutdowns), and Jammu & Kashmir (12 shutdowns). Example: During ethnic clashes in Manipur, authorities repeatedly shut down the Internet to curb the spread of misinformation and unrest.
    • Pattern of State-led Shutdowns: State governments are the primary enforcers of communal violence-related shutdowns. Example: Haryana imposed shutdowns following communal violence in Nuh district to prevent further escalation and maintain public order.

    How have the primary reasons for Internet shutdowns in India evolved between 2016 and 2024?

    • From National Security to Protest Control (2016–2024): Initially, Internet shutdowns were mainly enforced for national security and counter-terrorism, particularly in sensitive areas like Jammu & Kashmir. Example: A 213-day shutdown was imposed in 2019 after the abrogation of Article 370 to curb potential unrest.
    • Increase in Shutdowns During Protests (2020–2024): Shutdowns have become a frequent measure to suppress protests and prevent misinformation from spreading. Example: Internet services were suspended at Delhi’s borders during the 2020–2021 Farmers’ Protests to limit protest coordination.
    • Growing Use of Shutdowns for Communal Violence (2022–2024): There has been a rising trend of using shutdowns to contain communal violence and prevent further escalation. Example: In 2023, Haryana’s Nuh district faced an Internet shutdown following communal riots to restore public order.
    • Emergence of Exam-Related Shutdowns (2022–2024): Internet shutdowns are increasingly being used to prevent cheating during competitive examinations, raising concerns over their necessity. Example: Jharkhand imposed a shutdown during the 2024 General Graduate Level Combined Competitive Examination to prevent malpractices.
    • Targeted Shutdowns in Conflict Zones (Ongoing): Shutdowns continue to be heavily concentrated in conflict-prone regions like Jammu & Kashmir, Manipur, and parts of the Northeast due to ethnic and insurgency-related violence. Example: In 2024, 21 shutdowns were enforced in Manipur during episodes of ethnic violence to curb the spread of inflammatory content.

    What are the different types of Internet shutdowns imposed by authorities?

    • Complete Internet Blackout: Total suspension of all Internet services, including mobile data, broadband, and Wi-Fi. Example: The 213-day shutdown in Jammu & Kashmir (2019) after the abrogation of Article 370.
    • Mobile Internet Shutdown: Suspension of mobile data services while keeping broadband and Wi-Fi operational. Example: Manipur experienced 21 mobile Internet shutdowns in 2024 due to ethnic violence.
    • Targeted or Localized Shutdown: Internet suspension in specific geographic areas or for specific services like social media. Example: Haryana’s Nuh district faced a localized shutdown in 2023 following communal riots.

    How do Internet shutdowns impact fundamental rights in India?

    • Violation of Freedom of Speech and Expression (Article 19(1)(a)): Internet shutdowns restrict individuals from expressing opinions, accessing information, and engaging in public discussions.
      Example: During the 2020–21 Farmers’ Protests, Internet services were suspended in Delhi’s border areas, limiting protestors’ ability to communicate and share updates.
    • Obstruction of the Right to Practice Any Profession or Business (Article 19(1)(g)): Internet disruptions adversely affect businesses, digital transactions, and online services, hindering the right to earn a livelihood. Example: The 213-day Internet shutdown in Jammu & Kashmir (2019) caused significant economic losses, especially in the tourism and e-commerce sectors.
    • Disruption of the Right to Education (Article 21A): Shutdowns impede access to online education, causing academic disruptions and limiting students’ learning opportunities. Example: In Manipur (2023), prolonged Internet suspensions during ethnic violence interrupted online classes and examinations.
    • Denial of the Right to Access Information (Implicit under Article 19(1)(a)): Internet curbs block access to crucial information, particularly during emergencies, affecting public safety and awareness.
      Example: In Haryana (2023), Internet services were suspended during communal riots, preventing access to emergency services and safety information.
    • Violation of the Right to Life and Personal Liberty (Article 21): Shutdowns disrupt essential services like healthcare and emergency communication, posing a threat to life and personal liberty. Example: During the COVID-19 pandemic, Internet restrictions in Jammu & Kashmir limited access to telemedicine and critical health updates.

    What is the judiciary’s stance on Internet shutdowns in India?

    • Recognition of Internet Access as a Fundamental Right: The Supreme Court of India, in the Anuradha Bhasin v. Union of India (2020) case, ruled that access to the Internet is protected under Article 19(1)(a) (freedom of speech and expression) and Article 19(1)(g) (freedom to practice any profession or trade).
      • The Court held that indefinite Internet shutdowns are unconstitutional and must be proportionate and temporary.
    • Mandate for Procedural Safeguards and Review: The Court emphasized that any Internet suspension under Section 144 of the CrPC or the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017 must follow due process.
      • The mandate for procedural safeguards and review was established in the Anuradha Bhasin v. Union of India (2020) judgment.
    • Balancing Security and Fundamental Rights: While recognizing the state’s power to impose Internet shutdowns for public safety and national security, the judiciary has stressed that such measures must balance individual freedoms with legitimate state interests.
      • In Faheema Shirin v. State of Kerala (2019), the Kerala High Court affirmed access to the Internet as part of the right to education under Article 21A.

    Way forward: 

    • Strengthen Legal Oversight and Transparency: Implement clear guidelines for Internet shutdowns with mandatory judicial review and public disclosure of orders to prevent arbitrary restrictions and uphold fundamental rights.
    • Promote Proportional and Targeted Measures: Encourage the use of less restrictive alternatives, such as content moderation or geofencing, to address public safety concerns while minimizing disruption to essential services and civil liberties.

    Mains PYQ:

    Q ‘Communalism arises either due to power struggle or relative deprivation.’ Argue by giving suitable illustrations. (UPSC IAS/2018)

  • [25th February 2025] The Hindu Op-ed: Surveillance capitalism: the power to control personal data

    PYQ Relevance:

    Q) Data security has assumed significant importance in the digitized world due to rising cyber-crimes. The Justice B. N. Srikrishna Committee Report addresses issues related to data security. What, in your view, are the strengths and weaknesses of the Report relating to protection of personal data in cyber space? (UPSC CSE 2018)

     

    Mentor’s Comment: UPSC mains have always focused on “ Data security”  (2018), and the Impact of digital technology (2021).

    Surveillance capitalism is an economic system where tech companies collect, analyze, and sell personal data to predict and influence behaviour. This system, described by Shoshana Zuboff in The Age of Surveillance Capitalism (2018), treats human experiences as a resource for profit, similar to how colonialism and industrial capitalism exploited natural and human resources.

    Today’s editorial highlights current issues related to surveillance capitalism and its impact. This topic is relevant for GS Paper 2 and 3 in the UPSC Mains.

    _

    Let’s learn!

    Why in the News?

    Recently, surveillance capitalism has depended on turning personal data into a product. It affects people’s privacy and freedom while being closely linked to government surveillance.

    What is Surveillance Capitalism? 

    • Surveillance capitalism is an economic system where technology companies collect, analyze, and monetize personal data to predict and influence human behaviour.
    • This data is often gathered through digital platforms like social media, search engines, and smart devices, often without users’ full awareness.

    How does surveillance capitalism rely on the commodification of personal data?

    • Collection of Personal Data as Raw Material: Google Search tracks every query a user makes, including location and device information. This data is processed to understand user preferences and behaviour patterns.
    • Behavioural Prediction for Targeted Advertising: Companies monetize behavioural data by selling it to advertisers who target users with precision, maximizing ad effectiveness.
      • Meta (Facebook) monitors user activity across its platforms to deliver highly personalized ads. Users discussing fitness products may soon see ads for gym memberships.
    • Continuous Data Harvesting Across Devices: Data is continuously extracted from smart devices, even during routine interactions, deepening the pool of user insights.
      • Amazon’s Alexa collects voice commands and ambient sounds to refine product recommendations and improve its machine-learning models.
    • Algorithmic Manipulation to Influence Behaviour: Algorithms shape user behaviour by curating content that fosters prolonged engagement, increasing ad revenue.
      • YouTube’s recommendation algorithm analyses watch history to suggest videos that keep users engaged, often promoting content that aligns with their interests or biases.

    What are the strong connections between data commodification and state surveillance?

    • Mass Data Collection Programs: Governments collaborate with private tech companies to access vast amounts of personal data for surveillance purposes. Example: The PRISM program by the U.S. National Security Agency (NSA) collected user data from major tech companies like Google, Facebook, and Microsoft to monitor global communications.
    • Legal Mandates for Data Sharing: Many countries enforce laws requiring digital platforms to share user data with state agencies for national security and law enforcement. Example: India’s Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 require platforms to trace the origin of messages, facilitating state surveillance.
    • Surveillance Technologies Integration: States use advanced technologies like facial recognition and AI-driven monitoring to track citizens’ movements and online activities. Example: China’s Social Credit System uses surveillance cameras and digital monitoring to track citizens’ behavior, affecting access to services based on their social scores.

    What are the negative impacts of commodifying personal data?

    • Privacy Erosion: When personal data is commodified, individuals lose control over their private information, leading to widespread privacy violations. Example: Social media platforms like Facebook have been criticized for selling user data to third parties, such as Cambridge Analytica which used it for targeted political advertising without users’ explicit consent.
    • Exploitation and Manipulation: Personal data is often used to influence behaviour through targeted advertising or algorithmic content curation, exploiting vulnerabilities. Example: Companies like Google and Amazon use personal data to create highly targeted ads.
    • Increased Risk of Data Breaches: The collection and trade of personal data raise the likelihood of data breaches, leading to identity theft, financial loss, and other harms. Example: The Equifax data breach in 2017 exposed the personal information of 147 million people.
    • Inequality and Discrimination: Commodified data can reinforce social and economic inequalities by enabling discriminatory practices, such as price discrimination or exclusion from services. Example: Insurance companies may use personal data to charge higher premiums to individuals based on their health or lifestyle, disproportionately affecting vulnerable groups.
    • Loss of Autonomy and Trust: The exploitation of personal data weakens public trust in institutions and reduces individuals’ sense of control over their own information. Example: The revelation that apps like TikTok collect and share user data with governments or third parties.

    What steps has the Indian government taken?

    • Data Protection Legislation: The Indian government enacted the Digital Personal Data Protection Act (DPDPA), 2023, which regulates the collection, processing, and storage of personal data. It mandates user consent, imposes penalties for data breaches, and establishes a Data Protection Board to address grievances.
    • Strengthening Cybersecurity: Initiatives like the National Cyber Security Policy (2013) and the establishment of CERT-In (Indian Computer Emergency Response Team) aim to protect critical information infrastructure, prevent cyberattacks, and enhance data security.
    • Regulating Big Tech: The government has introduced guidelines like the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which require platforms to ensure transparency, allow user grievance redressal, and hold intermediaries accountable for data misuse.

    What steps have been taken at the global level?

    • General Data Protection Regulation (GDPR), European Union (2018): The GDPR sets a global benchmark for data privacy by enforcing strict guidelines on data collection, processing, and storage. It grants individuals the right to access, correct, and delete their personal data and imposes hefty penalties for non-compliance.
    • Global Data Protection Frameworks: Initiatives like the OECD Privacy Guidelines and the UN’s Internet Governance Forum promote international cooperation on data privacy, emphasizing transparency, user consent, and cross-border data flow regulations.
    • The USA’s Sectoral Approach: The California Consumer Privacy Act (CCPA) and similar state-level laws provide data protection rights to consumers, including the ability to opt out of data sales. The USA also advocates for a federal privacy law to harmonize regulations across industries.

    Way forward: 

    • Stronger Regulatory Frameworks: Implement comprehensive and adaptive data protection laws with clear accountability for data handlers, regular audits, and stringent penalties to safeguard user privacy and prevent misuse.
    • User Empowerment and Transparency: Promote data literacy programs and ensure platforms provide clear, accessible consent mechanisms, allowing users greater control over their personal information and how it is shared.

  • The RTI is now the ‘Right to Deny Information’

    Why in the News?

    The RTI Act allowed people to question the government, but the government soon tried to weaken it.

    Why is the RTI now being viewed as the ‘right to deny information’?

    • Judicial Interpretations Diluting the Scope of RTI: Key court judgments, like Girish Ramchandra Deshpande vs. CIC (2012), have expanded the definition of “personal information” under Section 8(1)(j) of the RTI Act. This allows authorities to deny information about public servants’ misconduct, assets, and disciplinary records.
    • Delayed Appointments and Case Backlogs: Government delays in appointing Information Commissioners have led to massive backlogs, reducing the effectiveness of the RTI. Information is often provided after significant delays, turning it into a “right to history.”
    • Narrow Interpretation of Public Interest: The Supreme Court’s ruling in CBSE vs. Aditya Bandopadhyay (2011) warned against the “misuse” of RTI for seeking all types of information, limiting disclosures that could allegedly disrupt administrative efficiency.
      • Example: Information requests related to public policy decisions are frequently denied on vague grounds of protecting “national integration” or preventing “administrative burden.”

    What have been the key achievements of the RTI since its inception?

    • Increased Transparency and Accountability: The RTI Act has empowered citizens to hold public authorities accountable by providing access to government records and decisions. Example: In 2007, RTI applications exposed corruption in the National Rural Employment Guarantee Scheme (NREGA), leading to better monitoring and payment transparency.
    • Exposing Corruption and Misuse of Power: RTI has played a crucial role in uncovering major scams and irregularities, prompting legal and policy reforms. Example: The 2G spectrum scam (2008) involving massive financial irregularities in telecom licensing was brought to light through RTI inquiries, leading to the cancellation of 122 telecom licenses by the Supreme Court.
    • Empowering Marginalized Communities: Rural and marginalized groups have used RTI to access entitlements like ration cards, pensions, and housing schemes, ensuring their socio-economic rights. Example: In Rajasthan, villagers used RTI to reveal discrepancies in public distribution system (PDS) records, ensuring access to their rightful food supplies.

    What are the limitations of RTI? 

    • Exemptions under Section 8: Certain categories of information are exempt from disclosure, such as matters related to national security, sovereignty, and personal privacy. Example: Information related to defense strategies or confidential Cabinet discussions cannot be accessed through RTI.
    • Delayed or Incomplete Responses: Bureaucratic delays and lack of accountability often lead to incomplete or delayed information, undermining the RTI’s effectiveness. Example: In 2021, RTI applications regarding COVID-19 vaccine procurement faced significant delays, limiting public scrutiny during a critical period.
    • Threats and Intimidation of RTI Activists: Whistleblowers and activists who use RTI to expose corruption face harassment, threats, and even violence. Example: Amit Jethwa, an RTI activist from Gujarat, was murdered in 2010 after exposing illegal mining near the Gir Forest.

    Does India have an alternative to the RTI?

    • Public Services Delivery Laws (Right to Public Services Act): Various states in India have enacted Public Services Delivery Laws to ensure the timely delivery of public services and redress grievances.
      • Example: Madhya Pradesh was the first state to implement the Right to Public Services Act (2010), which mandates timely delivery of services like issuing ration cards and driving licenses.
    • Whistleblower Protection Act (2014): This law protects individuals who expose corruption and wrongdoing in government institutions. It allows whistleblowers to report issues while keeping their identity confidential.
      • Example: An employee of a public sector bank can report irregularities without fear of retaliation under this Act. However, delays in operationalizing the law limit its effectiveness.
    • Lokpal and Lokayuktas Act (2013): This law establishes an independent body (Lokpal) at the central level and Lokayuktas at the state level to investigate corruption among public officials.
      • Example: In 2019, the Lokpal was appointed to investigate allegations of corruption against high-level public servants, including the Prime Minister (with conditions).

    Way forward:

    • Strengthen Institutional Framework: Ensure timely appointment of Information Commissioners, enforce penalties for delayed/incomplete responses, and streamline processes to reduce case backlogs.
    • Enhance Legal Safeguards: Amend the Whistleblower Protection Act for better security of RTI activists and clarify exemptions under Section 8 to prevent misuse while balancing public interest.

    Mains PYQ:

    Q “Recent amendment to the Right to Information Act will have a profound impact on the autonomy and independence of the Information Commission”. Discuss. (UPSC IAS/2020)  

  • Lokpal and Lokayukta

    Why in the News?

    12 years after its enactment, the Lokpal and Lokayukta Act, 2013, has seen limited impact, with the Lokpal ordering just 24 investigations and granting 6 prosecution sanctions.

    History of Lokpal:

    • The First Administrative Reforms Commission (ARC-I) recommended establishing an anti-corruption ombudsman for India in 1966.
    • Several Lokpal Bills were introduced between 1971 and 2008, but none were passed.
    • In 2011, activist Anna Hazare’s Jan Lokpal Andolan led to significant public pressure for an anti-corruption framework.
    • This movement resulted in the enactment of the Lokpal and Lokayuktas Act, 2013, which provides for the appointment of:
      • Lokpal at the Centre.
      • Lokayuktas in states to address corruption cases involving public servants.

    About Lokpal and Lokayukta

    Lokpal Lokayukta
    About
    • Envisioned under the Lokpal and Lokayuktas Act, 2013, it is India’s first anti-corruption ombudsman at the central level.
    • Covers corruption cases involving public servants, including the Prime Minister (with exceptions), Union Ministers, MPs, and central government officials.
    • Appointed by the President on the recommendation of a Selection Committee (includes PM, LoP, CJI, and an eminent jurist).
    • Established under Section 63 of the Lokpal and Lokayuktas Act, 2013, as the state-level counterpart to the Lokpal.
    • Handles corruption cases involving state public servants, including Chief Ministers, Ministers, MLAs, and state officials.
    • Appointed by the Governor, with the composition and appointment process varying across states.
    Powers and Functions
    • Investigates corruption cases under the Prevention of Corruption Act.
    • Can confiscate property acquired through corrupt practices.
    • Has jurisdiction over central officials in Groups A, B, C, and D, and institutions receiving significant foreign contributions or government funding.
    • Can refer cases to the CBI or its Inquiry Wing for investigation.
    • Submits annual reports to the President, which are tabled in Parliament.
    • Investigates cases under state laws, particularly involving state public servants.
    • Addresses corruption complaints related to government schemes, contracts, and functioning.
    • Powers vary across states, but typically include authority to recommend investigations, disciplinary action, or prosecution.
    • Submits annual reports to the Governor, which are presented in the State Legislature.
    Structural Mandate
    • Composition: Chairperson (former CJI, SC Judge, or eminent person) and up to 8 members, 50% of whom must be from SC/ST/OBC/Minorities/Women.
    • Tenure: 5 years or until 70 years of age.
    • Salary: Chairperson’s salary equals CJI, members’ salaries equal SC Judges.
    • Removal by the President upon SC inquiry for misconduct or incapacity.
    • Composition: Varies by state law but generally includes a Chairperson and members with qualifications similar to the Lokpal.
    • Tenure: Defined by state legislation.
    • Salary: Modeled on the Lokpal but subject to state laws.
    • Removal by the Governor, often following a process modelled on the Lokpal Act.

     

    PYQ:

    [2013] ‘A national Lokpal, however strong it may be, cannot resolve the problems of immorality in public affairs’. Discuss.

  • Does ‘blood money’ have a legal standing?

    Why in the News?

    The death sentence given to Kerala nurse Nimisha Priya in Yemen for murdering her partner has sparked debates on her acquittal, repatriation, and the role of ‘blood money‘ compensation.

    What does ‘blood money’ mean?

    • ‘Blood money’, known as ‘diya/diyah‘ (in Arabic), refers to the financial compensation paid to the victim or their heirs in cases of murder, bodily harm, or property damage under Islamic law. It serves as an alternative to the principle of qisas, which allows for retribution.
    • The concept aims to promote forgiveness and reconciliation while providing reparative justice to the victim’s family, preventing cycles of vengeance that could lead to further conflict.

    How does it figure in Islamic Sharia law?

    • Definition and Purpose: In Islamic Sharia law, diyah (blood money) is the financial compensation paid to the victim or their heirs in cases of murder, bodily harm, or property damage caused unintentionally.
      • It serves as an alternative to qisas (retaliation), allowing the victim’s family to choose between seeking retribution or accepting compensation, thereby promoting forgiveness and reconciliation within the community.
    • Legal Framework: The amount of diyah is typically determined through negotiation and varies based on factors such as the victim’s gender and religion.
      • In traditional Islamic law, homicide is treated as a civil matter between individuals rather than solely a state issue, with the victim or their heirs having significant authority in deciding the resolution.

    What’s India’s stand on ‘diya’?

    • The Indian legal system does not incorporate ‘diyah’ as a means of compensation for victims or their families. Instead, it emphasizes formal legal proceedings and criminal justice processes without the option for monetary compensation in cases of homicide or serious offenses.
    • Introduced through the Criminal Law (Amendment) Act, 2005, plea bargaining allows for some level of negotiation between the accused and the prosecution, enabling victims to receive compensation under specific conditions.
      • However, this process is limited to certain offenses and does not encompass the broader cultural and social implications associated with diyah in Islamic law.

    Have there been other Indians who were pardoned with ‘blood money’?

    Yes, there have been several instances involving Indian nationals who were pardoned through the payment of blood money. 

    • Ten Indians in UAE (2017): In this case, ten Indian nationals were forgiven by the victim’s family after a blood money payment of 200,000 dirhams was made.
    • Seventeen Indians in UAE (2009): These individuals were on death row for the murder of a Pakistani national but were pardoned after a blood money amounting to nearly ₹4 crore was paid. The Indian consulate actively participated by hiring a law firm to advocate for their case.

    Way forward: 

    • Strengthen Diplomatic Interventions: The Indian government should establish dedicated legal aid and consular support mechanisms to negotiate and facilitate the resolution of cases involving citizens abroad, ensuring transparency in blood money arrangements.
    • Promote International Legal Awareness: Educate Indian expatriates on local laws and the implications of blood money practices in host countries to prevent legal entanglements and ensure better compliance with local regulations.

    Mains PYQ:

    Q Discuss the possible factors that inhibit India from enacting for its citizen a uniform civil code as provided for in the Directive Principles of State Policy. (UPSC IAS/2015)

  • [13th January 2025] The Hindu Op-ed: India’s data protection rules need some fine-tuning

    PYQ Relevance:

    Q) Impact of digital technology as a reliable source of input for rational decision making is a debatable issue. Critically evaluate with suitable examples.  (UPSC CSE 2021)

    Mentor’s Comment: UPSC mains have always focused on topics like ‘Impact of digital technology’ (2021) and ‘N. Srikrishna Committee Report’ (2018).

    According to the AuthBridge Report in 2024, the average cost of a data breach in India reached ₹19.5 crore ($2.35 million), reflecting a 9% increase from the previous year and a 39% rise since 2020.

    Today’s Editorial focuses on the present Data Protection law passed by the legislators. While the Digital Personal Data Protection (DPDP) Rules, 2025 represent a significant step forward, they require adjustments to ensure effective implementation and protection of individual rights without stifling innovation. This content can be used for – data privacy issues in India, e-governance and cross border mechanism in your Mains Answer Writing.

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    Let’s learn!

    Why in the News?

    On January 3, 2025, the MeitY released the much-anticipated Draft Digital Personal Data Protection (DPDP) Rules — a key moment in India’s journey to regulate digital personal data. 

    • This step follows the passage of the DPDP Act, 2023, bringing India closer to operationalising its framework for safeguarding personal data.
    Key highlights for Draft Digital Personal Data Protection (DPDP) Rules, 2025 are as follows:

    • Citizen-Centric Framework: The rules prioritize citizens’ rights, allowing them to demand data erasure, appoint digital nominees, and manage their data through user-friendly mechanisms provided by data fiduciaries (entities that process personal data).
    • Consent Mechanisms: Data fiduciaries must obtain informed consent from individuals before processing their data, providing clear information about data usage and allowing easy withdrawal of consent.
    • Data Erasure and Retention: Data can be retained for up to 3 years from the last interaction with the user, with a requirement for prior notification before data erasure.
    • Digital-First Approach: The rules advocate for a “digital by design” framework, establishing a Data Protection Board of India (DPBI) that will handle grievances and ensure compliance through online mechanisms.
    • Graded Responsibilities: Different obligations are set for various entities based on their size and impact, easing compliance burdens for startups and small businesses while imposing stricter requirements on larger platforms.
    • Public Feedback: The Ministry has invited public comments on the draft rules until February 18, 2025, aiming for an inclusive approach to law-making.

    About the Digital Personal Data Protection (DPDP) Act, 2023 and the key features include:

    • Consent Requirement: Organizations must obtain explicit consent from individuals before processing their personal data, with limited exceptions for specific legitimate uses.
    • Data Fiduciaries’ Obligations: Entities handling personal data (data fiduciaries) are mandated to ensure data accuracy, security, and deletion after the purpose is fulfilled. They must also report data breaches to the Data Protection Board (DPB) within 72 hours.
    • Rights of Individuals: Individuals have rights to access, correct, and erase their data, as well as to seek grievance redressal.
    • Data Protection Board: The DPB will oversee compliance and address grievances regarding data processing practices.
    • Border Data Transfer: The Act allows for the transfer of personal data outside India, subject to government restrictions.

    The DPDP Act aims to balance individual privacy rights with the need for data processing in a digital economy, marking a significant step in India’s approach to data protection.

    How Pragmatic is the present Data Protection law?

    • Simplicity Over Complexity: India’s rules focus on clear and straightforward consent processes, reducing “consent fatigue” that users experience in Europe due to excessive details.
    • Outcome-Based Framework: Instead of strict regulations on how to present information, the DPDP Rules allow businesses to decide how to inform users about their rights, promoting innovation and respecting business autonomy.
    • Children’s Data Protection: The rules provide stricter protections for children’s personal data but also recognize the value of monitoring in educational contexts. Certain sectors, like educational institutions and healthcare, are exempt from needing parental consent for tracking, as long as they follow specific guidelines.
    Did you know?

    • While the EU’s General Data Protection Regulation (GDPR) was initially praised, it now faces criticism for favoring large corporations and not effectively building public trust. 
    • In contrast, India is adopting a more pragmatic and balanced method with this present Digital Personal Data Protection Act (DPDPA), aiming to protect individual privacy without imposing overly strict regulations that could hinder smaller businesses. 
    • This offers a refreshing alternative to Europe’s more interventionist policies.

    What are the limitations and flaws in the present law?

    • Complexity in Cross-Border Data Flow: The draft rules introduce complications regarding cross-border data transfers, imposing localization mandates on Significant Data Fiduciaries (SDFs) that may exceed the original intent of the legislation.
    • Regulatory Arbitrage Risk: Differentiating between SDFs and smaller entities creates potential for smaller businesses to exploit relaxed rules, leading to unfair advantages and possible deterrents to investment in India.
    • Law Enforcement Challenges: The push for data localization stems from law enforcement’s need for access to cross-border data, but a more targeted approach could be more effective than a blanket regulation.
      • The rules lack clarity on how businesses can verify the legitimacy of user information requests and do not address excessive or unfounded requests for data.
    • Sensitive Business Data Concerns: Uncertainty exists regarding government access to sensitive business data, raising concerns about the protection of trade secrets and competitive information.
      • These issues highlight the need for improved procedural safeguards to ensure that businesses can protect sensitive information while complying with regulations.

    What should be the way Forward?

    • Importance of Compliance: Businesses should view compliance with data protection laws as essential for protecting their reputation and ensuring operational continuity, rather than just a regulatory obligation.
    • Need for Evolving Privacy Frameworks: India must move beyond traditional notice-and-consent mechanisms to better protect citizens’ privacy, especially in environments where consent is difficult to obtain.
      • With advancements in IoT, 5G, and AI leading to increased data collection, new privacy frameworks should focus on broader protections rather than solely relying on consent.
    • Targeted Data Localization: The draft rules should consider a more targeted approach to data localization that addresses law enforcement needs without imposing excessive burdens on businesses.

  • Tackling delimitation by reversing population control

    Why in the News?

    Recently, the Chief Ministers of Andhra Pradesh and Tamil Nadu, N. Chandrababu Naidu and M.K. Stalin, expressed their frustration over the proposed delimitation exercise, which might lead to their states losing parliamentary seats.

    How Does Population Control Influence Delimitation?

    • Population as the Basis for Representation: Delimitation exercises are based on the population count, which determines the number of seats allocated to states in Parliament.
    • Southern States’ Success in Population Control: Southern states like Tamil Nadu and Andhra Pradesh, which have achieved lower fertility rates, face the risk of reduced parliamentary representation.
    • Demographic Divide: States with higher population growth (mainly in northern India) may gain more seats, leading to an imbalance in political representation.

    What are the implications of current demographic trends on political representation?

    • Seat Redistribution: The impending delimitation exercise, scheduled for 2026, may lead to a significant redistribution of Lok Sabha seats.
      • Estimates suggest that states like Uttar Pradesh could gain up to 14 additional seats, while Tamil Nadu might lose several, decreasing its representation from 39 to potentially 30 seats.
    • Federal Structure Concerns: The southern states argue that using population counts for political representation undermines the federal structure of India. They contend that it is unjust to penalize regions that have successfully managed population growth while rewarding those with higher growth rates.

    What are the arguments for and against reversing population control measures during delimitation?

    Reversing population refers to attempts to increase fertility rates through incentives, aiming to counteract declining population growth trends.

    • Argument in favour of Reversal:
      • Political Strategy: South political leaders advocate for incentivizing larger families as a means to maintain or increase political representation in light of the delimitation concerns.
      • Cultural Context: There is a push to celebrate larger families as a cultural norm, with comments from leaders suggesting an exaggerated approach to family size as a humorous response to the delimitation threat.
    • Argument against Reversal:
      • Long-term Consequences: Experts argue that reversing fertility rates through incentives may not be effective or sustainable. Historical examples, such as China’s one-child policy, illustrate the challenges and unintended consequences of aggressive population control measures.
      • Social Support Necessity: Encouraging higher birth rates without adequate social support for families could place additional burdens on women and society at large. Effective policies should focus on providing necessary support rather than merely increasing birth rates.

    What reforms are necessary for a fair delimitation process? (Way forward)

    • Equitable Representation Criteria: Reforms should consider not only population counts but also socio-economic characteristics, ensuring that regions with successful population management are not unfairly penalized in political representation.
    • Stakeholder Consultations: Increased dialogue among stakeholders is essential to address concerns regarding the delimitation process. This could involve re-evaluating how political representation is determined based on demographic trends and regional development successes.
    • Migration Policies: To address regional population imbalances, promoting migration could serve as a viable solution alongside revising how political representation is allocated based on demographic characteristics rather than sheer numbers alone.

    Mains PYQ:

    Q Discuss the main objectives of Population Education and point out the measures to achieve them in India in detail. (UPSC IAS/2021)

  • Govt to issue over 5.8 million SVAMITVA Property Cards

    Why in the News?

    Over 58 lakh property cards will be issued to owners in approximately 50,000 villages across 12 States/UTs through a virtual event addressed by PM Modi under the SVAMITVA Scheme.

    About SVAMITVA Scheme:

    Details
    About
    • Full Form: Survey of Villages and Mapping with Improvised Technology in Village Areas.
    • Launched on 24th April 2020 (National Panchayati Raj Day) by the Ministry of Panchayati Raj.
    • Objective: Provide an integrated property validation solution for rural India, issuing Record of Rights to households in inhabited rural areas (village abadi areas).
    • Central Sector Scheme: Fully funded by the Central Government, implemented in collaboration with States/UTs and the Survey of India.

    Primary Goals:
    1. Demarcation of inhabited areas using drone technology.
    2. Creation of property cards (Record of Rights).
    3. Formalizing ownership to reduce disputes and enable financial asset use.
    Structural Mandate Implementing Agencies:

    • Ministry of Panchayati Raj at the national level.
    • State Revenue Department/Land Records Department at the state level.
    • Survey of India (as the technology partner).

    Coverage:

    • The scheme is being implemented in phases from 2020-2024.
    • Initially covered 6.62 lakh villages in Uttar Pradesh, Haryana, Maharashtra, Madhya Pradesh, Uttarakhand, and Karnataka, including a few border villages of Punjab and Rajasthan.
    • West Bengal, Bihar, Nagaland, and Meghalaya have not joined the scheme yet.
    • Nomenclature: Title Deed in Haryana, Rural Property Ownership Records (RPOR) in Karnataka, Adhikar Abhilekh in Madhya Pradesh, Sannad in Maharashtra, Svamitva Abhilekh in Uttarakhand, and Gharauni in Uttar Pradesh.
    Key Features and Significance
    • Use of Drone Survey Technology: Drones capture high-resolution images for accurate mapping of village abadi lands.
    • Issuance of Property Cards: Known by various names (e.g., ‘Gharauni’ in UP). Serves as legal proof of ownership.
    • Phased Implementation (2020–2024): Began in select states (UP, Haryana, Maharashtra, MP, Uttarakhand, Karnataka, plus border villages in Punjab/Rajasthan), expanding nationwide.
    • Continuous Operating Reference System (CORS): Network stations for precise drone-based surveys in pilot-phase states.
    • Stakeholder Collaboration: Ministry of Panchayati Raj, State Revenue/Land Records Depts, Survey of India, etc.
    Progress Made So Far
    • Drone Surveys & Mapping: 92% of targeted drone mapping completed across 3.17 lakh villages; full targets likely by 2026.
    • Issuance of Property Cards: Over 2.19 crore property cards finalized; latest distribution covered 58 lakh cards in 50,000 villages across 12 States/UTs.
    • Phased Rollout: Successful pilots led to larger-scale implementation.
    • Collaborative Efforts: Coordination among Panchayati Raj Ministry, Survey of India, and state-level agencies; financial support from the Centre.
    • Recognition of Success: Regarded as a landmark initiative for minimizing litigation, enhancing rural governance, and clarifying property rights.

     

    PYQ:

    [2019] With reference to land reforms in independent India, which one of the following statements is correct?

    (a) The ceiling laws were aimed at family holdings and not individual holdings.

    (b) The major aim of land reforms was providing agricultural land to all the landless.

    (c) It resulted in cultivation of cash crops as a predominant form of cultivation.

    (d) Land reforms permitted no exemptions to the ceiling limits.

  • Indic ideas can contribute to good governance

    Why in the News?

    India’s ancient scriptures, history, and culture serve as key inspirations for meaningful governance. As highlighted in the Bhagavad Gita, the concept of “adhishthan” forms the foundation, with PM Modi already promoting its integration.

    How can ancient Indic principles enhance modern governance?

    • Ethical Leadership and Accountability (Raj Dharma): Ancient Indic principles emphasize leaders as servants of the people, prioritizing fairness, justice, and public welfare. This aligns with modern demands for transparent and accountable governance.
    • Inclusive Development (Antyodaya): The concept of Antyodaya advocates for uplifting the marginalized and ensuring that governance benefits all sections of society, especially the most disadvantaged, which is essential for achieving equitable development.
    • Sustainability and Environmental Harmony (LiFE & Karmayogi): Indic principles stress balance with nature and responsible living, guiding modern governance towards sustainable development practices. Additionally, the Karmayogi concept promotes continuous skill-building for public servants to enhance governance effectiveness.

    What are the contemporary challenges to good governance in India?

    • Corruption and Lack of Accountability: Corruption remains a significant barrier to good governance in India, undermining public trust and the effectiveness of government programs.
    • Political Polarization: Increasing polarization between political parties has created a toxic environment that hampers constructive dialogue and collaboration.
    • Inequality and Access to Services: Economic disparities continue to widen, limiting access to essential services such as healthcare, education, and infrastructure for marginalized communities.
    • Bureaucratic Inefficiency: The inefficiency of bureaucratic processes often leads to delays in service delivery and implementation of policies.

    In what ways can citizen engagement be improved through Indic ideas?

    • Participative Governance (Sab Ka Prayas): The concept of Sab Ka Prayas emphasizes collective effort, where citizens are actively involved in decision-making and implementation processes.
    • Empathy and Responsibility (P2G2 – Pro-People Good Governance): By incorporating P2G2, which stresses sensitivity, commitment, and a sense of responsibility towards the people.
      • Citizens can be more engaged through empathetic governance that prioritizes their well-being and fosters trust in public institutions.
    • Empowerment through Education and Awareness (Antyodaya and Raj Dharma): Indic ideas like Antyodaya and Raj Dharma promote the empowerment of all individuals, particularly the marginalized, through education and awareness.

    Conclusion: To enhance governance, India should integrate ancient Indic principles like ethical leadership, inclusivity, and environmental sustainability into policy-making. This requires strengthening transparency, encouraging citizen participation, empowering marginalized communities, and fostering continuous capacity building in public administration for effective governance.

    Mains PYQ:

    Q What do you understand by the term ‘good governance’? How far recent initiatives in terms of e-Governance steps taken by the State have helped the beneficiaries? Discuss with suitable examples.   (UPSC IAS/2022)