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  • [28th August 2024] The Hindu Op-ed: ​Reasonable restrictions: On Telegram CEO Pavel Durov’s Arrest and Content Hosting 

    [28th August 2024] The Hindu Op-ed: ​Reasonable restrictions: On Telegram CEO Pavel Durov’s Arrest and Content Hosting 

    PYQ Relevance:

    Q What do understand by the concept “freedom of speech and expression”? Does it cover hate speech also? Why do the films in India stand on a slightly different plane from other forms of expression? Discuss. (UPSC IAS/2014)

    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 IAS/2018)

    Q What are the different elements of cyber security? Keeping in view the challenges in cyber security, examine the extent to which India has successfully developed a comprehensive National Cyber Security Strategy. (UPSC IAS/2022)

    Mentor comment: Pavel Durov, the CEO of Telegram, was arrested at a Paris airport on August 24, 2024, amid a French investigation into alleged criminal activities facilitated by the platform, including drug trafficking and child pornography. Although Durov himself is not accused of direct involvement in these crimes, his platform’s moderation practices are under scrutiny for failing to adequately address illegal content, raising questions about the responsibilities of tech companies in regulating user-generated content. Durov promotes Telegram as a space for free speech, especially for dissidents and anti-establishment voices. This open approach has led to problems, as the app has also been used for extremist content and illegal activities. Supporters, including Elon Musk, have expressed concern about the implications for tech leaders facing legal issues for content on their platforms.

    Let’s learn!

    __

    Why in the News?

    After Durov’s arrest, Telegram stated it follows EU regulations and maintains moderation practices that meet industry standards.

    • Many worry that Durov’s arrest could discourage free expression online, with critics seeing it as government overreach. 
    What does the Universal Declaration of Human Rights (UDHR) say?
    • According to Article 19 of UDHR, “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers”.
    • However, this free speech is not absolute and is subject to certain restrictions for public order, morals and public health is something that has been codified in the UDHR. 

    What is the National Cyber Security Policy (2013)?
    • It is a policy framework by the Department of Electronics and Information Technology (DeitY).
    • It aims at protecting the public and private infrastructure from cyber-attacks.
    • The policy also intends to safeguard “information, such as personal information (of web users), financial and banking information and sovereign data”.

    What are the Implications of Pavel Durov’s Arrest for Global Free Speech Debates?

    • Concerns raised: Edward Snowden called Durov’s arrest “an assault on the basic human rights of speech and association”
      • Elon Musk, a vocal proponent of free speech, shared the hashtag #FreePavel and warned that these are “dangerous times” for free expression
    • Backlash from Diverse Groups: The outrage over Durov’s arrest has come from adversaries uniting both Kremlin supporters and opponents in Russia, as well as free speech absolutists worldwide.
      • This unusual coalition highlights the significant role Telegram plays in Russian society as a crucial tool for organizing dissent against the government.
    • Limits Free Speech: According to the Stanford Cyber Policy Center, Durov’s case seems to be a simple matter of breaking the law, as child sexual abuse material, terrorist content, and drug sales are all regulated by criminal law.
    Indian Scenario 

    • Current Status: Telegram is not yet banned in India, but its future depends on the outcome of an ongoing investigation.
    The Indian government is investigating Telegram due to its alleged involvement in criminal activities, including exam paper leaks (UGC-NEET paper, etc), extortion, and stock price manipulation.

    • Compliance with IT Rules: Telegram has been following India’s Information Technology (IT) Rules, which require it to appoint compliance officers and publish monthly reports.
    Telegram’s lack of a significant physical presence in India complicates effective communication and enforcement of regulations.

    Maintaining balance between Free speech and the responsibility of Tech platforms:

    • Free Speech vs. Responsibility: While Durov defends absolute free speech, the prevalence of illegal activities on Telegram, such as drug trafficking and child exploitation, highlights the need to ensure user safety without infringing on fundamental rights.
    • Need for Responsible Moderation: For Telegram to maintain its position as a free speech advocate, it must prevent the spread of harmful content while respecting users’ Rights to Privacy.
    • Legal Accountability: If Durov is found guilty, it could set a precedent for holding tech executives accountable for the content shared on their platforms. This could lead to stricter regulations and increased accountability while scrutinizing messaging apps globally.
    • Future of Messaging Apps: The outcome of this case may influence how other messaging platforms operate, potentially prompting them to adopt stricter content moderation policies to avoid similar legal challenges.

    Conclusion: The ongoing Telegram issue encapsulates the ongoing struggle to navigate the fine line between protecting free speech and ensuring public safety. As the legal proceedings unfold, the implications for both Telegram and the broader tech landscape will be closely watched.

    https://www.thehindu.com/opinion/editorial/%E2%80%8Breasonable-restrictions-on-durovs-arrest-and-content-hosting/article68573507.ece

  • [pib] ANUBHAV AWARDS, 2024

    Why in the News?

    The Minister of State for Personnel, Public Grievances, and Pensions has conferred the Anubhav Awards 2024.

    ANUBHAV Awards

    Details
    Purpose To recognize the contributions of retired officials to nation-building and document the administrative history of India through their written narratives.
    Portal Launch Launched in March 2015.
    Organizing Body Ministry of Personnel, Public Grievances & Pensions, Department of Pension & Pensioners’ Welfare.
    Objectives – Create a database of significant suggestions and work experiences.
    – Utilize the experience of retiring employees for nation-building.
    – Enable Ministries/Departments to consider useful and replicable suggestions.
    Criteria Retiring Central Government employees and pensioners, who can submit their Anubhav write-ups 8 months prior to retirement and up to 1 year post-retirement.
    Award Process Write-ups are assessed by the concerned Ministries/Departments, published, and then shortlisted for the Anubhav Awards and Jury Certificates.
    Awards and Recognition – ANUBHAV Awardees: Receive a medal, certificate, and a prize of ₹10,000.
    – Jury Certificate Winners: Receive a medal and a certificate.

     

    PYQ:

    [2021] Consider the following statements in respect of Bharat Ratna and Padma Awards :​

    1. Bharat Ratna and Padma Awards are titles under the Article 18(1) of the Constitution of India.​

    2. Padma Awards, which were instituted in the year 1954, were suspended only once.​

    3. The number of Bharat Ratna Awards is restricted to a maximum of five in a particular year.​

    Which of the above statements are not correct?​

    (a) 1 and 2 only ​

    (b) 2 and 3 only​

    (c) 1 and 3 only ​

    (d) 1, 2 and 3​

  • [pib] 10 Years of Jan Dhan Scheme

    Why in the News?

    PM Modi launched the Pradhan Mantri Jan Dhan Yojana (PMJDY) on 28th August 2014.  It has now completed a decade of successful implementation.

    About PMJDY

    Details
    Objective • Banking the Unbanked: Open basic savings bank deposit (BSBD) accounts with minimal paperwork, relaxed KYC, e-KYC, account opening in camp mode, zero balance & zero charges.
    • Securing the Unsecured: Issue Indigenous Debit cards with free accident insurance coverage of ₹2 lakh.
    • Funding the Unfunded: Provide micro-insurance, overdraft, micro-pension, and micro-credit facilities.
    Initial Features • Universal Access to Banking Services: Access through branches and BCs.
    • Basic Savings Bank Accounts: With an overdraft facility of up to ₹10,000 for every eligible adult.
    • Financial Literacy Program: Promote savings and credit usage.
    • Insurance: Accident cover up to ₹1 lakh and life cover of ₹30,000 for accounts opened between Aug 2014 to Jan 2015.
    • Pension Scheme: For the unorganized sector.
    • Creation of Credit Guarantee Fund.
    Key Provisions • Inter-operability: Through RuPay debit card or Aadhaar-enabled Payment System (AePS).
    • Fixed-point Business Correspondents.
    • Simplified KYC / e-KYC.
    Extension and New Features (Post-2018) • Focus Shift: From ‘Every Household’ to ‘Every Unbanked Adult’.
    • RuPay Card Insurance: Increased accidental insurance cover to ₹2 lakh for new accounts.
    • Overdraft Facilities Enhanced: Limit doubled from ₹5,000 to ₹10,000; up to ₹2,000 without conditions.
    • Increase in upper age limit for OD: From 60 to 65 years.
    Eligibility for Other Programs  PMJDY accounts are eligible for Direct Benefit Transfer (DBT), Pradhan Mantri Jeevan Jyoti Bima Yojana (PMJJBY), Pradhan Mantri Suraksha Bima Yojana (PMSBY), and Atal Pension Yojana (APY).

    Successes of PMJDY

    • Financial Inclusion: PMJDY is recognized as the largest financial inclusion initiative globally, with over 53 crore bank accounts opened as of August 2024. 
      • It has facilitated access to credit for individuals without a formal financial history, as evidenced by the rise in Mudra loan sanctions at a compounded annual rate of 9.8% from FY 2019 to FY 2024.
    • Social Empowerment: 55.6% of Jan Dhan account holders are women, and 66.6% of accounts are in rural and semi-urban areas, demonstrating the program’s reach among marginalized communities.
    • Deposit Growth: The total deposits in PMJDY accounts have reached Rs. 2.31 lakh crore, showing a 15-fold increase since August 2015.
    • Digital Transaction Growth: Digital transactions under PMJDY have surged, with UPI financial transactions growing from 535 crore in FY 2018-19 to 13,113 crore in FY 2023-24.
    • Effective DBT Mechanism: The Jan-Dhan Aadhaar Mobile (JAM) trinity has enabled a diversion-proof subsidy delivery mechanism, with subsidies and social benefits directly transferred into the bank accounts of the underprivileged.
    • Savings and Financial Discipline: The average deposit in the PMJDY account has increased 4 times since August 2015, indicating improved saving habits among account holders.

    PYQ:

    [2015] ‘Pradhan Mantri Jan-Dhan Yojana’ has been launched for

    (a) Providing housing loan to poor people at cheaper interest rates.

    (b) Promoting women’s Self-Help Groups in backward areas.

    (c) Promoting financial inclusion in the country.

    (d) Providing financial help to the marginalized communities.

    [2016] Pradhan Mantri Jan Dhan Yojana (PMJDY) is necessary for bringing unbanked to the institutional finance fold. Do you agree with this for financial inclusion of the poorer section of the Indian society? Give arguments to justify your opinion.

  • Report reveals minimal use of Plea Bargaining in Courts

    Why in the News?

    According to a report by the Ministry of Law and Justice, only 0.11% of cases were settled through “plea bargaining” in 2022.

    Key Findings of the Report:

    • In 2022, only 19,135 out of 1,70,52,367 cases (about 0.11%) in Indian courts were disposed of through plea bargaining, indicating its minimal use.
    • Despite legal restrictions, 119 cases of crimes against women and only 4 cases under the Protection of Children from Sexual Offences Act (POCSO) were resolved through plea bargaining in 2022, showing a deviation from the intended exclusions.

    What is Plea Bargaining?

    Details
    Definition
    • Plea bargaining allows an accused person to negotiate with the prosecution for a lesser punishment by pleading guilty to a less serious offence. 
    • This involves pre-trial negotiations on the charge or the sentence.
    Provision in India • Introduced in 2006 as part of the Criminal Law (Amendment) Act, 2005 under Chapter XXI-A (Sections 265A to 265L).
    • Limited to offences that do not attract the death sentence, life sentence, or a term above seven years.• Not applicable to offences affecting socio-economic conditions or committed against women or children under 14. (applies only to offences punishable by up to seven years of imprisonment)
    Procedure in India • Only the accused can initiate plea bargaining.
    • The accused must apply to the court to start the process. If permitted, a meeting involving the prosecutor, investigating officer, and victim (if any) is held for a satisfactory case disposition.
    • Includes possible reduced sentences and compensation payments to the victim by the accused.
    Benefits Offered • Speeds up trials, reduces litigation costs and ends uncertainty over case outcomes.
    • Helps reduce prison overcrowding and the number of prolonged imprisonments of undertrials.
    • Offers a chance for offenders to make a fresh start.
    • Could improve conviction rates, as seen in the USA.
    • Recommended by the Malimath Committee (2000) for its potential to dramatically impact conviction rates and ensure a speedy trial.

     

    PYQ:

    [2021] With reference to India, consider the following statements:​

    1. Judicial custody means an accused is in the custody of the concerned magistrate and such accused is locked up in police station, not in jail.​

    2. During judicial custody, the police officer in charge of the case is not allowed to interrogate the suspect without the approval of the court.​

    Which of the statements given above is/are correct?​

    (a) 1 only ​

    (b) 2 only​

    (c) Both 1 and 2 ​

    (d) Neither 1 nor 2​

  • On the unrest in the Balochistan region

    Why in the News?

    The recent protests are a significant part of Balochistan’s long history of political struggles. They highlight the difficulties Pakistan faces in creating a country based solely on religion.

    Causes and Reasons for the Recent Protests in Balochistan:

    Balochistan has a long history of resistance against central authority, dating back to the forced accession of the region to Pakistan in 1948.

    • Political Discontentment: The continued centralization of power, lack of genuine federalism, and repeated dismissals of provincial governments have fueled discontent.
    • Economic Neglect: Despite being rich in resources like copper, gold, coal, and natural gas, Balochistan remains one of the poorest regions in Pakistan. The benefits of resource exploitation have not trickled down to the local population, exacerbating feelings of economic injustice.
    • Cultural and Ethnic Identity: Balochistan has a distinct cultural and historical identity, which has often clashed with the central government due to assimilation policies.
    • Human Rights Violations: The region has seen widespread reports of enforced disappearances, custodial killings, and fake encounters as part of Pakistan’s counter-insurgency strategy.

    China’s Role in the Region:

    • Gwadar Port and Militarization Concerns: The Gwadar port, leased to a Chinese firm for 40 years, has raised fears of potential militarization, which could disrupt local livelihoods, especially those of the fishing communities.
      • The presence of Chinese trawlers has also sparked protests due to concerns about illegal fishing.
    • CPEC influence: The influx of non-locals into Balochistan for CPEC-related projects has led to fears of demographic changes, further alienating the local population.

    Indian perspective: 

    • Strategic Implications: India’s interest in Balochistan primarily stems from the region’s strategic importance, given its location and the Gwadar port’s proximity to the Strait of Hormuz.
    • Diplomatic Stance: India has occasionally highlighted human rights issues in Balochistan, especially in international forums, as a counter-narrative to Pakistan’s stance on Kashmir. However, India’s involvement remains cautious to avoid escalating tensions with Pakistan.
    • Impact on Regional Stability: The unrest in Balochistan, coupled with Chinese involvement, complicates the security situation in South Asia.
      • India’s approach will likely focus on balancing its strategic interests while advocating for the rights of the Baloch people within international norms.

    Way forward: (What should India do?)

    • Diplomatic Advocacy: India should continue to highlight human rights issues in Balochistan at international forums, positioning itself as a defender of human rights while maintaining a balanced approach to avoid escalating tensions with Pakistan.
    • Strategic Monitoring: India should closely monitor developments in Balochistan, particularly regarding Chinese activities in the Gwadar port, to safeguard its strategic interests and regional stability.

    Mains PYQ: 

    Q The China-Pakistan Economic Corridor (CPEC) is viewed as a cardinal subset of China’s larger ‘One Belt One Road’ initiative. Give a brief description of CPEC and enumerate the reasons why India has distanced itself from the same. (150 Words, 10 Marks)  (UPSC IAS/2018)

    Q ‘China is using its economic relations and positive trade surplus as tools to develop potential military power status in Asia’, In the light of this statement, discuss its impact on India as her neighbor. (UPSC CSE 2017)

    Q China and Pakistan have entered into an agreement for development of an economic corridor. What threat does this pose for India’s security? Critically examine (UPSC CSE 2014)

  • Crime, health-worker safety, and a self-examination 

    Why in the News?

    • The recent brutal rape and murder case in Kolkata has sparked widespread calls for the death penalty for the accused.
      • The Justice J.S. Verma Committee, formed in response to the 2012 Delhi gang rape, recommended against the death penalty for rape, even in the rarest of rare cases, arguing that it would be a regressive step.

    Deeper problem in the Health Care Sector: 

    • Healthcare Violence: The protests by resident doctors stem from a series of violent attacks against medical personnel. This violence often arises from disgruntled patients and their families who perceive poor healthcare services.
    • Corruption in Healthcare: The World Health Organization estimates that corruption claims nearly $455 billion annually, which could otherwise extend universal health coverage globally.
      • In India, this corruption manifests in various forms, including bribery and sextortion, further undermining the healthcare system’s integrity.
    • Ineffective Responses: Traditional responses to healthcare violence, such as enhancing security and legal measures, have proven inadequate. These knee-jerk reactions fail to address the root causes of the violence.

    What does the Justice K. Hema Committee report say on the Culture of Assault?

    • On Sexual Assault and Consent: Instances of sexual assault are not isolated events but are rooted in societal practices that undermine women’s autonomy and consent.
      • The National Crime Records Bureau reported 31,516 cases of rape in India in 2022, indicating a significant prevalence of sexual violence against women.
      • The Justice Hema Committee report emphasizes that rape is a manifestation of a culture that views women as objects rather than individuals with rights.
    • On Workplace Harassment: The Vishaka guidelines established in 1997 aimed to protect women from workplace harassment, leading to the Sexual Harassment of Women at Workplace Act, 2013, which mandates the formation of Internal Complaints Committees (ICC).
      • The report argues that ICCs are inadequate for the film industry due to potential biases and influence from abusers, advocating for an independent government forum to address these issues.

    Need to Rethink Violence in Healthcare:  

    • Understanding the Multi-faceted Nature of Violence: Violence in healthcare settings is not limited to patient assaults on healthcare workers, it also includes institutional and managerial violence. This encompasses horizontal violence among healthcare providers and the systemic issues that create a hostile work environment.
    • Implementing Comprehensive Safety Measures: While immediate responses such as improving security and legal protections are necessary, they must be part of a broader strategy that includes training healthcare workers on conflict resolution, mental health support, and creating a culture of safety within healthcare institutions.

    About Justice J.S. Verma Committee Recommendations

    Recommendations on

    Explanation
    Rape • It recognized rape as a Crime of Power, not just passion.
    • Expand definition to include all forms of non-consensual penetration.
    • Remove marital rape exception; marriage should not imply automatic consent. (European Commission of Human Rights in C.R. vs U.K)
    Sexual Assault • Broaden definition to include all non-consensual, non-penetrative sexual acts.
    • Penalty: Up to 5 years of imprisonment or fines.
    Verbal Sexual Assault • Criminalize unwelcome sexual threats.
    • Punishable by up to 1 year in prison or fines.
    Sexual Harassment at Workplace • Include domestic workers under protections.
    • Replace internal complaint committees with Employment Tribunals.
    • Employers to compensate victims of sexual harassment.
    Acid Attacks • Propose a 10-year minimum punishment, separate from grievous hurt.
    • Establish a compensation fund for victims.
    Women in Conflict Areas • Review AFSPA; exclude government sanction for prosecuting sexual offenses by armed forces.
    • Appoint special commissioners to monitor offenses.
    Trafficking • Comprehensive anti-trafficking laws beyond prostitution.
    • Protective homes for women and juveniles overseen by High Courts.
    Child Sexual Abuse • Define ‘harm’ and ‘health’ in the Juvenile Justice Act to include both physical and mental aspects.
    Death Penalty • Opposed chemical castration and death penalty for rape.
    • Recommend life imprisonment.
    Medical Examination of Rape Victims • Ban the two-finger test; victim’s past sexual history should not influence the case.
    Reforms in Case Management • Set up Rape Crisis Cells, increase police accountability, allow online FIR filing.
    • Encourage community policing and increase police personnel.

    Need for a Comprehensive Approach:

    • National Task Force: Improving hospital security and infrastructure alone may not be sufficient to address the problem. The national task force constituted by the Supreme Court should devise a comprehensive road map to prevent and arrest medical corruption, particularly in the public sector.
    • Need Expertise: The task force should include experts from public health, medico-legal, and other allied fields, along with the participation of the larger governing and administrative community.

    Note: Recently some states have taken steps to empower women. For example, the Himachal Pradesh Assembly passed a Bill on Tuesday to increase the minimum marriage age for women from 18 to 21 years.

    Mains PYQ: 

    Q Appropriate local community level healthcare intervention is a prerequisite to achieve ‘Health for All’ in India. Explain. (UPSC CSE 2018)

    Q We are witnessing increasing instances of sexual violence against women in the country. Despite existing legal provisions against it, the number of such incidences is on the rise. Suggest some innovative measures to tackle this menace. (UPSC CSE 2014)

  •  Many questions about ‘one nation, one election’   

    Why in the News?

    In an Independence Day speech, the Prime Minister renewed his push for simultaneous elections, targeting implementation by the 2029 polls.

    Pros and Cons of Simultaneous Elections in India:

    Pros

    Cons
    1. Cost Reduction: It can decrease the deployment of resources such as EVMs, security personnel, and election management teams to only one time in 5 years.
    2. Continuity in Governance: Simultaneous elections can prevent the frequent imposition of the Model Code of Conduct, which disrupts government development activities and decision-making processes.
    3. Reduced Election Fatigue: Voters, political parties, and the administration could benefit from reduced election fatigue, allowing them to focus more on governance and development.
    4. Uniformity in Policy Implementation: Central and state governments can work in sync on policy implementation without the hindrance of upcoming elections in various states.
    1. Constitutional Challenges: The implementation of simultaneous elections would require significant amendments to the Constitution, particularly Articles 83, 85, 172, and 174, which deal with the duration of legislative bodies.
    2. Federalism Concerns: Opponents argue that simultaneous elections could undermine the federal structure of India, marginalizing regional parties and giving dominance to national parties.
    3. Voter Disengagement: The synchronization of elections might lead to voter disengagement due to the overwhelming nature of combined elections, where national issues may overshadow regional ones.

    Key Recommendations of High-Level Committee

    The High-Level Committee on Simultaneous Elections, chaired by former President Ram Nath Kovind, has made several significant recommendations aimed at synchronizing elections for the Lok Sabha, state assemblies, and local bodies in India.

    1. Amendment to Article 82A: Allow the President to set an ‘Appointed Date’ for starting simultaneous elections to Lok Sabha and Legislative Assemblies
    2. Term Synchronization: States with elections between June 2024 and May 2029 would have their terms end with the 18th Lok Sabha, enabling the first simultaneous elections in 2029
    3. Premature Dissolution Measures: Fresh elections only for the remaining term until the next simultaneous elections in case of early dissolution of Parliament or state Assembly
    4. Synchronization of Local Body Elections: Parliament to pass legislation to align municipalities and panchayats elections with General Elections within 100 days
    5. Single Electoral Roll: The committee advocates for a single electoral roll applicable to all tiers of government, which would require an amendment to Article 325. This aims to reduce redundancy and duplication in voter registration.
    6. Logistical Arrangements: ECI to provide detailed logistical and expenditure plans for simultaneous elections in coordination with SECs.

    Way forward: 

    • Constitutional and Legal Reforms: Begin with phased constitutional amendments and legal reforms to address the challenges of synchronization while ensuring that the federal structure and democratic principles are preserved.
    • Pilot Implementation: Consider piloting simultaneous elections in a few states with synchronized local body elections to assess feasibility, logistical challenges, and public response before scaling up to the national level by 2029.

    Mains question for practice:

    Q Discuss the feasibility and implications of implementing simultaneous elections in India by 2029, as recently proposed by the Prime Minister. 15M 

    Mains PYQs

    ‘Simultaneous election to the Lok Sabha and the State Assemblies will limit the amount of time and money spent in electioneering but it will reduce the government’s accountability to the people’ Discuss. (UPSC CSE 2017)

  • What is a Polygraph Test?

    Why in the News?

    The Central Bureau of Investigation (CBI) concluded polygraph tests on the accused in the Kolkata Rape and Murder Case.

    About Polygraph Tests in India

    Details
    Definition A procedure measures physiological responses like blood pressure, pulse, respiration, and skin conductivity while a subject answers questions to detect deception.
    Physiological Indicators • Heart Rate and Blood Pressure: Monitored for changes.
    • Respiratory Rate: Tracks breathing patterns.
    • Galvanic Skin Response (GSR): Measures skin’s electrical conductance, which varies with moisture levels.
    Procedure • Sensor Connection: Attached to the chest, fingertips, and arm.
    • Baseline Questions: Establish physiological response baselines.
    • Control and Relevant Questions: Analyzed to identify deceptive responses by comparing physiological changes.
    Constitutional Provisions • Article 20(3): Protects against self-incrimination; necessitates consent for polygraph tests.
    • Article 21: Concerns about potential violations of the right to life and privacy due to mental torture aspects of polygraph tests.
    Legal and Judicial Rulings • Selvi vs. State of Karnataka (2010): Tests must be voluntary with informed consent.
    • D.K. Basu vs. State of West Bengal (1997): Involuntary tests could violate the Right to Life and Privacy.
    Admissibility in Court According to the Indian Evidence Act, 1871, results from polygraph tests are not admissible as evidence in court.
    Guidelines National Human Rights Commission Guidelines (1999): Establish consent and procedural requirements for administering polygraph tests to align with human rights standards.

     

    PYQ:

    [2018] Right to Privacy is protected as an intrinsic part of Right to Life and Personal Liberty. Which of the following in the Constitution of India correctly and appropriately imply the above statement?

    (a) Article 14 and the provisions under the 42nd Amendment to the Constitution.

    (b) Article 17 and the Directive Principles of State Policy in Part IV.

    (c) Article 21 and the freedoms guaranteed in Part III.

    (d) Article 24 and the provisions under the 44th Amendment to the Constitution.

  • Investing in persons with disabilities  

    Why in the News?

    The recent film Srikanth depicts industrialist Srikanth Bolla’s triumph over visual impairment. It highlights societal stigma, marginalization, and the lack of support for Persons with Disabilities (PwDs).

    Status of Education and Jobs for PwD’s in India:

    • Limited Employment Opportunities: A 2023 report indicates that only five out of 50 Nifty 50 companies employ more than 1% of persons with disabilities (PwDs), with most being public sector firms.
    • Gap in Accessibility and Supply: Less than 1% of educational institutions in India are disabled-friendly, highlighting a significant gap in accessibility and support for PwDs in both education and employment sectors.
    • Inadequate Infrastructure: Data shows that fewer than 40% of school buildings have ramps, and only about 17% have accessible restrooms.
    • Lack of effective implementation: Despite legislative provisions for reservations in government jobs under the Rights of Persons with Disabilities Act, 2016, there is a lack of effective implementation, resulting in low participation of PwDs in the workforce.

    Challenges Faced by Persons with Disabilities (PwD)

    • Social Stigma and Marginalization: PwDs face deep-rooted social stigma, which leads to discrimination and exclusion from various sectors, including education and employment.
    • Inaccessible Infrastructure: Many public and private spaces lack the necessary infrastructure to accommodate PwDs, such as ramps and accessible restrooms, which severely limits their mobility and independence. For example, Less than 40% of school buildings have ramps, and only about 17% have accessible restrooms.
    • Educational Barriers: Despite the Right to Education Act, many PwDs encounter barriers such as a lack of inclusive schools, trained teachers, and assistive technologies, leading to high illiteracy rates among disabled individuals.
    • Workplace Discrimination: PwDs often face discrimination in the workplace, including a lack of reasonable accommodations and societal prejudices that create a “glass ceiling” for their employment opportunities.

    Erosion of Identity for PwDs

    • Negative Representation: The portrayal of PwDs in society often reduces them to objects of pity or ridicule. This negative representation contributes to a societal attitude that undermines their dignity and identity.
    • Perception as Burdens: Sociologists argue that PwDs are frequently seen as burdens on society, which affects their self-identity and societal participation. This perception is reinforced through media and public discourse.
    • Intersectionality of Disability: PwDs who also belong to marginalized castes or genders face compounded discrimination, creating a double or triple burden that further erodes their identity and social standing.
    • Social Exclusion: The stigma surrounding disabilities often leads to exclusion from social activities and relationships, reinforcing the idea that PwDs can only relate to one another, which diminishes their broader social identity.

    Way forward: 

    • Enhance Accessibility: Ensure that educational institutions and workplaces are fully accessible by upgrading infrastructure and implementing inclusive design standards.
    • Combat Stigma and Promote Inclusion: Launch targeted awareness campaigns to challenge negative perceptions of PwDs and promote their positive contributions.

    Back2Basics: Sugamya Bharat Abhiyan

    • Accessible India Campaign or Sugamya Bharat Abhiyan is a program that is set to be launched to serve the differently-able community of the country.
    • The flagship program has been launched on 3 December 2015, the International Day of People with Disabilities.
    • The program comes with an index to measure the design of disabled-friendly buildings and human resource policies.
    • The initiative also in line with Article 9 of the (UN Convention on the Rights of Persons with Disabilities) which India is a signatory since 2007.
    • The scheme also comes under the Persons with Disabilities Act, 1995 for equal Opportunities and protection of rights which provides non-discrimination in Transport to Persons with Disabilities.

    Mains PYQ: 

    Q The Rights of Persons with Disabilities Act, 2016 remains only a legal document without intense sensitisation of government functionaries and citizens regarding disability. Comment. (2022)

  • What is the Unified Pension Scheme?

    Why in the News?

    The Union Cabinet approved the Unified Pension Scheme (UPS) for 23 lakh central government employees.

    About Unified Pension Scheme (UPS):

    Explanation
    Implementation Date Effective from April 1, 2025.
    Eligibility Central government employees with at least 10 years of service.
    Assured Pension
    • 50% of average basic pay over the last 12 months prior to retirement for employees with 25+ years of service.
    • Proportionate benefits for 10-25 years of service.
    Assured Minimum Pension ₹10,000 per month for employees with at least 10 years of service.
    Assured Family Pension 60% of the pension that the employee was drawing before their death.
    Inflation Protection
    • Pensions indexed to inflation;
    • Dearness Relief (DR) based on the All India Consumer Price Index for Industrial Workers (AICPI-IW).
    Government Contribution 18.5% of basic pay and DA, increased from 14% under the National Pension System (NPS).
    Employee Contribution 10% of basic pay and DA (same as under NPS).
    Lump Sum Payment on Superannuation One-tenth of the last drawn monthly pay (including DA) for every 6 months of completed service, in addition to gratuity.
    Option to Choose Employees can choose between UPS and NPS starting from the upcoming financial year; the choice is final once made.
    Beneficiaries
    • Initially benefits 23 lakh central government employees;
    • May extend to 90 lakh if adopted by state governments.
    Difference from NPS Unlike the market-dependent NPS, UPS provides a guaranteed pension amount, a minimum pension, increased government contribution, fixed family pension, and a lump sum payment at superannuation.

    Significance of the UPS

    • Financial Security: Guarantees a pension and family pension for stable post-retirement income.
    • Minimum Pension: Ensures at least ₹10,000 per month for retirees, supporting lower-income employees.
    • Inflation Protection: Indexes pensions to inflation, maintaining purchasing power over time.
    • Increased Benefits: Raises government contribution to 18.5%, enhancing employee retirement benefits.
    • Flexibility: Allows choice between UPS and NPS based on personal financial needs.
    • Family Support: Provides 60% of the pension to the spouse if the employee passes away.
    • Employee Welfare: Aligns with government goals to improve employee welfare and post-retirement life quality.

    PYQ:

    [2017] Who among the following can join the National Pension System (NPS)?

    (a) Resident Indian citizens only.

    (b) Persons of age from 21 to 55 only.

    (c) All State Government employees joining the services after the date of notification by the respective State Governments.

    (d) All Central Government employees including those of Armed Forces joining the services on or after 1st April, 2004.