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GS Paper: GS2

  • Global Peace Index, 2023

    peace

    Central Idea: The 17th edition of the Global Peace Index (GPI), ranking 163 independent states and territories based on their level of peacefulness was released.

    What is Global Peace Index?

    • Released by: Institute for Economics and Peace (IEP) since May 2009.
    • Extensive Coverage: The GPI covers 163 countries, representing 99.7% of the world’s population, utilizing 23 qualitative and quantitative indicators from reputable sources.
    • 3 Domains of Peace: The index measures peace across three domains: societal safety and security, ongoing domestic and international conflict, and militarization. These domains provide a holistic understanding of a country’s peacefulness.

    Rankings and Highlights

    • Most Peaceful Countries: Iceland continues to hold the title of the most peaceful country since 2008, followed by Denmark, Ireland, New Zealand, and Austria.
    • Least Peaceful Countries: Afghanistan remains the least peaceful country for the eighth consecutive year, followed by Yemen, Syria, South Sudan, and the Democratic Republic of the Congo.
    • India’s Position: India has climbed two spots to the 126th position in the rankings. It experienced an improvement of 3.5% in peacefulness, attributed to reductions in violent crime, improved relations with neighboring countries, and decreased political instability.
    • Prominent Countries: Nepal, China, Sri Lanka, USA, and Pakistan have been ranked 79, 80, 107, 131, and 146, respectively.

    Global Peace Trends

    • Overall Deterioration: The 2023 report highlights a 0.42% deterioration in the average level of global peacefulness. This marks the thirteenth deterioration in the last fifteen years.
    • Improvements and Deteriorations: In 2022, 84 countries demonstrated improvements in peacefulness, while 79 countries experienced deteriorations.
    • Long-term Perspective: Over the past fifteen years, the global average score of peacefulness has deteriorated by five percent, indicating a decline in peace worldwide.

  • Should Internet shutdowns be used to maintain public order?

    Central Idea

    • In recent years, the Indian government has increasingly resorted to internet shutdowns as a means to control law and order in various regions, such as Jammu and Kashmir (J&K), Manipur, and Punjab. India has witnessed a staggering 60% of internet shutdowns worldwide between 2016 and 2022.

    Relevance of the topic

    India emerged as the single biggest offender for a fifth consecutive year, with at least 84 internet blackouts in 2022

    Shutdowns could have devastating impact on human lives such as , it may deepen the gender digital divide, disrupting the ability of women to conduct business or access information on reproductive healthcare

    Reasons behind internet shutdowns in India

    • Communal tensions: Approximately 40-50% of internet shutdowns in India are officially attributed to communal tensions. Shutdowns are imposed to prevent the spread of rumors, hate speech, and incitement to violence during periods of heightened communal tensions.
    • Protests and demonstrations: Shutdowns are frequently imposed during protests and situations of civil unrest to control the spread of information, coordinate activities, and prevent further mobilization of protesters.
    • Preventing cheating in exams: Internet shutdowns have been imposed during exams to curb cheating and prevent the use of online resources that may aid in dishonest practices.
    • Religious processions: Shutdowns have also been observed during religious processions, particularly in regions with religious sensitivities, to prevent the circulation of inflammatory content and maintain public order.

    Case study: Reviewing shutdowns in Jammu and Kashmir (J&K) and Manipur

    1. Jammu and Kashmir (J&K):
    • Prolonged Shutdown: The shutdown in J&K has been characterized by its extended duration, causing significant disruptions to the daily lives of residents. Internet access was severely restricted for an extended period, impacting essential services such as healthcare, education, and livelihoods.
    • Lack of Due Process: Concerns have been raised regarding the decision-making process, with instances of shutdowns imposed by district magistrates without higher-level involvement. This raises questions about procedural fairness and the adherence to due process.
    • Transparency and Justification: The lack of public information regarding shutdowns in J&K is a cause for concern. The transparency and clarity of justifications for imposing shutdowns are essential for accountability and safeguarding constitutional rights.
    1. Manipur:
    • Ongoing Shutdown and VPN Blocking: The Manipur High Court has formed a committee to explore blocking VPN servers while maintaining restrictions on social media websites. However, the feasibility of this solution is questioned as VPNs also play a role in the exercise of freedom of speech and expression.
    • Impact on Livelihoods and Services: The need to protect people’s livelihoods is emphasized, given the reliance on the internet for businesses and livelihoods. Ensuring access to critical services like healthcare and education during shutdowns becomes crucial.

    Impact of internet shutdowns

    • Restriction of Fundamental Rights: Internet shutdowns curtail the exercise of fundamental rights, such as freedom of expression, access to information, and the right to privacy. These shutdowns limit people’s ability to communicate, express themselves, and access essential information.
    • Economic Consequences: Internet shutdowns have adverse effects on businesses, particularly those that rely on the internet for their operations. E-commerce, online services, and digital platforms suffer financial losses during shutdowns.
    • Disruption of Essential Services: Internet shutdowns disrupt access to critical services like healthcare, education, and emergency services. Telemedicine, online education, and remote work become inaccessible, impacting people’s well-being, educational opportunities, and productivity
    • Human Rights Violations: Prolonged and arbitrary internet shutdowns can be seen as human rights violations. They limit people’s ability to exercise their rights, stifle dissent, and undermine democratic processes.
    • Negative Impact on Education: Internet shutdowns disrupt online education, e-learning platforms, and access to educational resources. This hampers educational progress and has long-term consequences for individuals and societies.
    • Psychological and Emotional Impact: The inability to connect with others, access information, and engage in online activities can have psychological and emotional implications.

    Justifications behind the frequent imposition of shutdowns

    • Maintaining Public Order: Internet shutdowns are often imposed as a measure to maintain public order and prevent the escalation of law and order situations.
    • Preventing the Spread of Misinformation: During times of crisis or unrest, shutting down the internet is seen as a way to prevent the rapid spread of misinformation and fake news. .
    • Curbing Organizational Activities: Shutdowns are also imposed to disrupt the organization and coordination of protests, demonstrations, or other activities perceived as a threat to public order.
    • Preserving Exam Integrity: Internet shutdowns may be implemented during examinations to prevent cheating. By restricting access to online resources, authorities aim to ensure the fairness and integrity of the examination process.

    The two significant Supreme Court judgments related to internet shutdowns in India

    • Anuradha Bhasin v. Union of India (2020): Recognized the right to access the internet as part of the right to freedom of speech and expression. Emphasized that internet shutdowns must be necessary and proportionate, subject to judicial review.
    • Faheema Shirin v. State of Kerala (2020): Reaffirmed the importance of internet access for exercising fundamental rights. Stressed that restrictions on internet access should be temporary, proportionate, and justified with reasons

    Way forward: Need for balance between maintaining public order and safeguarding the interests of internet-dependent individuals

    • Protecting Public Order: Maintaining public order is a legitimate concern for governments to ensure safety, security, and the functioning of society. Internet shutdowns may be employed in exceptional situations where there is a real and imminent threat to public safety or when it is necessary to prevent the spread of violence or unrest.
    • Proportionality: Any measure taken to maintain public order, including internet shutdowns, should be proportionate to the threat faced. Shutdowns should be targeted, time-limited, and precisely tailored to address the specific concerns, rather than imposing blanket restrictions that impact the entire population.
    • Judicial Oversight: Independent judicial oversight is crucial to ensuring that any restrictions on internet access align with constitutional principles and international human rights standards.
    • Transparency and Accountability: Governments should provide clear and transparent justifications for internet shutdowns, including detailing the specific risks or threats that justify such measures.  Accountability mechanisms should be in place to address any abuses or violations during shutdowns.
    • Targeted Measures: Rather than resorting to complete shutdowns, governments should explore alternative measures that target specific content or platforms that pose risks to public order. Content moderation, selective blocking, or targeted interventions can help address concerns without unduly infringing on individual rights or stifling access to essential services.

    Conclusion

    • The impact of shutdowns on livelihoods, education, and the economy underscores the urgency to seek alternative solutions. It is imperative that stakeholders reconsider the necessity and consequences of internet shutdowns to ensure a just and balanced approach to maintaining law and order.

    Also read:

    (more…)

  • Annapurti: The grain ATM

    annapurti

    Central Idea

    • The recent demonstration of the Automated Multi-Commodity Grain Dispensing Machine, Annapurti, during the ‘National Conference of Food Ministers of States/UTs,’ showcased an innovative solution developed by the World Food Programme (WFP) India.

    What is Annapurti?

    • Annapurti, also known as the Grain ATM, offers a fast, clean, and precise method of providing subsidized grains to beneficiaries through the Public Distribution System.
    • Developed by WFP India, it is an automated multi-commodity dispensing solution that ensures efficient access to commodities like rice, wheat, and grains.
    • Beneficiaries can securely access their entitlements through Annapurti following biometric authentication.

    Key Features

    • Annapurti offers 24×7 access to full entitlements, eliminating spillage, waste, and inaccurate weighing.
    • The machine can dispense one or two grain commodities, up to 50 kilograms, within five minutes, with a minimal error rate of 0.01 percent.

    Advantages and Potential Applications

    (1) Ensuring Food Security:

    • Annapurti has significant potential for food-based safety nets, ensuring beneficiaries receive their monthly subsidized grains promptly.
    • The machine’s precision and reliability prevent losses and ensure individuals receive their entitled portions.

    (2) Emergency Food Grain Distribution:

    • During emergencies, such as natural disasters or humanitarian crises, Annapurti can facilitate efficient and timely distribution of food grains to affected populations.
    • Its automated system streamlines the process, reducing dependency on manual labor and minimizing errors.

    (3) Market Access for Smallholder Farmers:

    • Annapurti can play a crucial role in expanding market access for smallholder farmers.
    • By offering a reliable and efficient distribution channel, farmers can sell their produce directly to Annapurti, ensuring fair prices and reducing intermediaries.

    Sustainable and Modular Design

    (1) Energy Efficiency:

    • Annapurti is designed to prioritize food security while ensuring efficient energy consumption.
    • With a consumption rate of only 0.6 Watt per hour, it offers an environmentally friendly solution.

    (2) Modular Design:

    • Annapurti’s modular design allows for flexibility and scalability based on available space.
    • The storage unit and components can be easily assembled and customized to suit different requirements.

    (3) Integration with Renewable Energy:

    • Annapurti can be integrated with solar panels, inverter batteries, and elevators for automatic refilling.
    • This integration enhances the sustainability of the system by reducing dependency on conventional energy sources.

     

  • SC Collegium proposes new CJs to 7 High Courts

    collegium

    Central Idea

    • The Supreme Court Collegium, led by Chief Justice of India D. Y. Chandrachud, has recommended new Chief Justices for seven major High Courts in India.
    • The recommendations focus on criteria such as seniority, regional representation, and gender diversity.

    What is Collegium System?

    • The Collegium of judges is the Indian Supreme Court’s invention.
    • It does not figure in the Constitution, which says judges of the Supreme Court and High Courts are appointed by the President and speaks of a process of consultation.
    • In effect, it is a system under which judges are appointed by an institution comprising judges.
    • After some judges were superseded in the appointment of the CJI in the 1970s, and attempts made subsequently to effect a mass transfer of High Court judges across the country.
    • Hence there was a perception that the independence of the judiciary was under threat. This resulted in a series of cases over the years.

    Evolution: The Judges Cases

    • First Judges Case (1981) ruled that the “consultation” with the CJI in the matter of appointments must be full and effective.
    • However, it rejected the idea that the CJI’s opinion, albeit carrying great weight, should have primacy.
    • Second Judges Case (1993) introduced the Collegium system, holding that “consultation” really meant “concurrence”.
    • It added that it was not the CJI’s individual opinion, but an institutional opinion formed in consultation with the two senior-most judges in the Supreme Court.
    • Third Judges Case (1998): On a Presidential Reference for its opinion, the Supreme Court, in the Third Judges Case (1998) expanded the Collegium to a five-member body, comprising the CJI and four of his senior-most colleagues.

    Functions of the Collegium

    (1) Appointment of CJI

    • The President of India appoints the CJI and other Supreme Court judges.
    • The outgoing CJI recommends his successor, and the appointment is typically made based on seniority, following the controversy of the 1970s.
    • The Union Law Minister forwards the recommendation to the Prime Minister, who then advises the President on the appointment.

    (2) Appointment of Other SC Judges

    • The proposal for appointing other judges to the Supreme Court is initiated by the CJI.
    • The CJI consults other members of the Collegium, as well as the senior-most judge from the High Court to which the recommended person belongs.
    • The opinions of the consultees must be recorded in writing and included in the file.
    • The Collegium sends the recommendation to the Law Minister, who forwards it to the Prime Minister for the President’s advice.

    (3) Appointment of High Court Judges

    • Chief Justices (CJs) of High Courts are appointed based on the policy of having Chief Justices from outside the respective states. The Collegium makes the final decision on their elevation.
    • The appointment of High Court judges is recommended by a Collegium consisting of the CJI and two senior-most judges.
    • The Chief Justice of the High Court concerned initiates the proposal in consultation with two senior-most colleagues.
    • The recommendation is then sent to the Chief Minister, who advises the Governor to forward the proposal to the Union Law Minister.

    (4) Transfer Recommendations by the Collegium

    • The Collegium is also responsible for recommending transfers of Chief Justices and other judges.
    • Article 222 of the Constitution allows for the transfer of judges from one High Court to another.
    • When a Chief Justice is transferred, a replacement must be simultaneously appointed for the concerned High Court. An acting Chief Justice can be appointed for a maximum of one month.
    • In transfer matters, the CJI’s opinion is determinative, and the consent of the judge being transferred is not required.
    • However, the CJI should consider the views of the Chief Justice of the concerned High Court and one or more Supreme Court judges who are in a position to provide their opinions.
    • All transfers must be made in the public interest, aiming for the betterment of the administration of justice.

     

  • What is High Seas Treaty?

    high seas treaty

    Central Idea

    • The Marine Biodiversity of Areas Beyond National Jurisdiction (BBNJ) or the High Seas Treaty was adopted by the UN on June 19.
    • It became the third agreement under UNCLOS, following the establishment of the International Seabed Authority (ISB) and the Fish Stocks Agreement (FSA).

    BBNJ/ High Seas Treaty

    • The idea of protecting the marine environment emerged in 2002, leading to the recognition of the need for an agreement in 2008.
    • In 2015, the UN General Assembly formed a Preparatory Committee to create the treaty.
    • Intergovernmental conferences (IGC) were held, resulting in the adoption of the treaty in 2023.
    • The treaty’s objective is to implement international regulations for the protection of marine life beyond national jurisdiction through international cooperation.

    Key Provisions of Treaty

    (1) Marine Protected Areas:

    • The treaty establishes marine protected areas to safeguard the oceans from human activities.
    • Decisions on protected areas require a “three-quarter majority vote” to prevent obstruction by a few parties.

    (2) Sharing Benefits from Marine Genetic Resources:

    • The treaty mandates sharing scientific information and monetary benefits through a “clear house mechanism.”
    • The mechanism ensures open access to information on marine protected areas, marine genetic resources, and area-based management tools.

    (3) Capacity Building and Marine Technology:

    • The treaty emphasizes capacity building and the use of marine technology for environmental impact assessment.
    • The Scientific and Technical Body will create standards and guidelines, assisting countries with limited capacity in carrying out assessments.

    Challenges and Controversies

    (1) Marine Genetic Resources:

    • The issue of sharing and exchanging information on marine genetic resources was a contentious point during negotiations.
    • Debates focused on monitoring information sharing and the potential hindrance to bioprospecting research.

    (2) Definition and Language:

    • The use of phrases like “promote” or “ensure” in different parts of the treaty, particularly regarding benefit sharing, sparked heated debates.

    (3) Adjacency Issue:

    • Negotiations were prolonged due to the need for provisions allowing coastal states to exercise sovereign rights over seabed and subsoil in areas beyond their jurisdiction.
    • The interests of landlocked and distant states further complicated decision-making.

    Opposition to the Treaty

    • Several developed countries opposed the treaty due to their support for private entities involved in advanced research and development of marine technology.
    • Russia and China also expressed reservations, with Russia ultimately withdrawing during the final stage of consensus building, arguing that the treaty lacks a balance between conservation and sustainability.

    Significance of the treaty

    (1) Environmental Preservation:

    • The High Seas Treaty is crucial for protecting marine biodiversity and addressing pressing issues such as overfishing and pollution.
    • It represents a significant step towards international cooperation in preserving the health and sustainability of our oceans.

    (2) Global Cooperation and Research:

    • The treaty promotes the sharing of scientific information and encourages collaboration among countries.
    • This will foster research initiatives and facilitate a better understanding of marine ecosystems, leading to more effective conservation measures.

    Conclusion

    • The adoption of the High Seas Treaty marks a significant milestone in international efforts to protect marine biodiversity beyond national jurisdictions.
    • While challenges and controversies prolonged the negotiation process, the treaty sets the stage for enhanced global cooperation and the implementation of regulations to safeguard our oceans for future generations.

    Back2Basics:

    International Seabed Authority (ISA) Fish Stocks Agreement (FSA)
    Purpose Regulate and manage activities in the international seabed and ocean floor beyond national jurisdiction Ensure the conservation and management of straddling fish stocks and highly migratory fish stocks
    Legal Framework Established by the United Nations Convention on the Law of the Sea (UNCLOS) International treaty adopted by the United Nations
    Established Date 1994 1995
    Resource Focus Non-living resources (seabed minerals) and living resources (deep-sea ecosystems) Fish stocks (shared resources occurring in EEZs and beyond national jurisdiction)
    Cooperation Emphasizes cooperation among states and establishment of Regional Fisheries Management Organizations (RFMOs) Promotes cooperation among states for sustainable fisheries management
    Conservation Manages resources for the benefit of humankind as a whole, adhering to the common heritage of mankind principle Aims to conserve and sustainably manage fish stocks for present and future generations
    Licensing Issues licenses and contracts for seabed mineral exploration and exploitation N/A (Focuses on the management and conservation of fish stocks)
    Data Collection Promotes scientific research and international cooperation in the deep seabed area Encourages data collection, reporting, and scientific assessment of fish stocks
    Dispute Settlement Provides mechanisms for dispute settlement and peaceful resolution of conflicts Includes provisions for dispute settlement and peaceful resolution of conflicts
    Membership Consists of member states and the European Union Open to states committed to sustainable fisheries management
    Headquarters Located in Kingston, Jamaica N/A (Operates under the United Nations framework)

     

  • Supreme Court asks NGO to move govt against Sarpanch-Patism

    sarpanch

    Central Idea

    • The Supreme Court of India has stated that the government, rather than the judiciary, should address the issue of men exerting power behind elected women who remain “faceless wives and daughters-in-law” in grassroots politics.
    • The court’s remarks came in response to a petition filed by an NGO which highlighted the phenomenon of unelected male relatives wielding political influence, undermining the spirit of women’s reservation in Panchayati Raj Institutions (PRIs).

    Women in PRIs: Legal Aspects

    (a) 73rd Constitutional Amendment Act, 1992:

    • Mandates 33.3% reservation for women in PRIs across the country.
    • Recognizes the Gram Sabha as the foundation of the Panchayat Raj System, empowering it to perform functions and exercise powers entrusted by the State Legislatures.
    • Some states have increased the reservation to 50%, including Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Bihar, etc.
    • Out of the 30.41 lakh elected representatives in PRIs, 13.74 lakh (45.2%) are women.

    (b) Article 15(3) of the Constitution:

    • Empowers the State to make special provisions for women.
    • Allows the government to introduce measures to ensure gender equality and promote the interests of women.

    (c) Article 243D:

    • Provides for the reservation of one-third of the total number of seats and offices of Chairpersons in PRIs for women.
    • The reserved seats and offices are allocated through rotation to different constituencies within a Panchayat.
    • These reservations for women are in addition to the reservations for Scheduled Castes (SCs) and Scheduled Tribes (STs) in all three tiers of PRIs.

    (d) Intersectional Reservations:

    • The reservation of seats and offices for women in PRIs also falls within the overall reservations for Scheduled Castes (SCs) and Scheduled Tribes (STs) in all three tiers of PRIs.
    • This provision aims to address the intersecting disadvantages faced by women from marginalized communities.

    (e) Proposed 110th Constitution Amendment Bill:

    • Introduced in the Lok Sabha in 2009 to bring about 50% reservation for women in Panchayats across all states.
    • The bill aimed to increase the reservation beyond the existing 33.3% mandated by the 73rd Amendment Act.
    • Despite multiple tabled attempts, the bill was not passed into law.

    Proxy Sarpanchs in India

    • It is generally observed where an elected lady Sarpanch (the head of a Panchayat) delegates their powers and responsibilities to someone else, typically a family member or a trusted individual.
    • This proxy then acts as a representative or substitute for the Sarpanch in carrying out their duties.
    • Quite often, this delegation is forcefully acquired from women.

    Reasons behind Panchayat Pati syndrome

    • Gender Inequality: Deep-rooted gender inequalities prevalent in Indian society play a significant role in perpetuating the Panchayat Pati syndrome. Patriarchal norms and cultural beliefs that prioritize male authority and decision-making often restrict women’s agency and participation in public affairs.
    • Social Norms and Expectations: Traditional gender roles and societal expectations define women’s primary role as homemakers and caretakers. This perception often results in women being considered unfit or inexperienced in matters of governance
    • Lack of Awareness and Education: Limited access to education and awareness about women’s rights and the importance of their participation in local governance can contribute to the prevalence of Panchayat Pati. Lack of awareness among women themselves, as well as their families and communities, can lead to the perpetuation of discriminatory practices.
    • Male Domination and Resistance to Change: Male dominance in politics and resistance to gender equality can also contribute to the Panchayat Pati syndrome.
    • Political Dynamics and Power Struggles: In some cases, male family members or influential community leaders may strategically use the Panchayat Pati practice to retain power and influence. By controlling women’s decision-making, they can ensure their interests are protected and continue to exert control over the local governance processes.

    Impact of Panchayat Pati syndrome

          1. Economic Impact:

    • The practice of Panchayat Pati limits the active participation of women in decision-making processes within the panchayat.
    • This exclusion can hinder the effective utilization of resources and allocation of funds, potentially leading to suboptimal economic outcomes for the community.
    • Women’s perspectives and needs may not be adequately represented, and projects or initiatives that could benefit women, such as those related to education, healthcare, or livelihood opportunities, may not receive sufficient attention or support.

          2. Social Impact:

    • Panchayat Pati reinforces gender inequalities and perpetuates traditional gender roles within communities.
    • It hampers women’s ability to exercise agency and engage in community development activities. it diminishes their self-esteem and status within the community.

         3. Political Impact:

    • The practice of Panchayat Pati undermines the principles of democratic representation and participatory governance.
    • It restricts the political agency of women and denies them the opportunity to actively contribute to decision-making processes.
    • Women’s perspectives and priorities often differ from those of men, and their exclusion diminishes the diversity of voices and perspectives in local governance. This can lead to policy decisions that may not adequately address the needs and concerns of women and other marginalized groups.

    Court’s Response

    • Not an Executive Authority: The court acknowledged the issue but emphasized that it is not the role of the judiciary to create a spirit of empowerment.
    • Focus on women empowerment: The court pointed out that preventing influential individuals’ wives from contesting elections is not feasible, and empowering women requires an evolutionary process.
    • Government’s Responsibility: The court highlighted that the Ministry of Panchayati Raj should address the petitioner’s grievance and explore better mechanisms to implement the objectives of women’s reservation.
    • Expert Committee and Support Mechanism: The petitioner suggested the formation of an expert committee and the provision of the right support mechanism for women. However, the court deemed this an unrealistic expectation from the judiciary.

    Way forward

    • Engage Men as Allies: Promote male allies in supporting women’s representation in PRIs. Encourage men to actively advocate for gender equality, challenge patriarchal norms, and work towards creating a more inclusive and equitable political environment.
    • Capacity Building and Leadership Development: Provide training and capacity-building programs for women elected representatives in PRIs.
    • Political Awareness and Participation: Conduct awareness campaigns to educate women about their rights, the importance of political participation, and the impact of their involvement in PRIs.
    • Inter-Gender Dialogues: Organize inter-generational dialogues where older leaders and women can exchange knowledge, experiences, and perspectives. This can help bridge the generation gap, promote inter-generational collaboration, and strengthen the collective power of women in PRIs.

    Conclusion

    • It is the responsibility of the executive authority to find suitable solutions and ensure the effective implementation of women’s reservations in panchayat governance.

    Mains Mark enhancer: Successful Women Sarpanch in India

    • Kali Bein Panchayat, Punjab: Kali Bein Panchayat in Punjab gained recognition for its all-women panchayat led by Sarpanch Bibi Jagir Kaur. Under her leadership, the panchayat focused on various development initiatives, including infrastructure development, water conservation, and women empowerment programs.
    • Mawlynnong, Meghalaya: Mawlynnong, a village in Meghalaya, is known for its clean and well-maintained environment. The village achieved this feat under the leadership of women panchayat leaders who implemented strict cleanliness and waste management measures, making it one of the cleanest villages in Asia.
    • Devdungri, Rajasthan: Devdungri village in Rajasthan is an exemplary case of women’s leadership in panchayats. Women panchayat members successfully implemented initiatives to address issues such as child marriage, female foeticide, and women’s education. Their efforts resulted in significant positive changes in the community.

     

  • Issues with our national surveys

    Central Idea

    • In India, the accuracy and reliability of data related to poverty, growth, employment, and unemployment are crucial for effective policy formulation. To ensure the well-being of its vast population, it is essential that surveys generating these estimates are conducted regularly, adhering to predetermined schedules, and maintain the highest standards of quality.

    *Relevance of the topic*

    There is significant gap in the data quality of India’s major surveys such as NSS, NFHS, and PLFS

    For Instance, Major surveys conducted post-2011, which utilized the Census 2011 as the sampling frame, have consistently overestimated the proportion of the rural population.

    There is need for a comprehensive sampling overhaul to accurately reflect India’s real economy.

    The Significance of Sample Surveys

    • Data for Policy Formulation: Sample surveys, such as the NSS, NFHS, and PLFS, are vital sources of data that policymakers rely on to evaluate the effectiveness of past policies and design new ones.
    • Identifying Socio-Economic Indicators: Sample surveys provide estimates related to household consumption expenditure, health outcomes, education, employment status, asset ownership, poverty levels, and more. These indicators help policymakers identify areas that require attention and allocate resources accordingly.
    • Representative Data: Sample surveys through carefully selected samples, they aim to capture the diversity and heterogeneity of different regions, communities, and socio-economic groups.
    • Monitoring Progress and Development: By conducting surveys at regular intervals, sample surveys facilitate the monitoring of progress and development over time. It helps to identify areas where progress is lagging or where interventions are needed.
    • Evidence-based Decision-making: Sample surveys provide policymakers with empirical evidence that supports evidence-based decision-making. Instead of relying solely on anecdotal evidence or assumptions, policymakers can access reliable data to understand the impact of policies and make informed choices that are backed by robust statistical analysis.
    • Transparency and Accountability: Sample surveys promote transparency and accountability in policy-making. The availability of detailed survey methodologies and data allows for scrutiny and peer review, ensuring that the processes and findings are subject to rigorous analysis.

    Issues in India’s major surveys

    • Outdated Sampling Frames: The surveys utilize outdated sampling frames, which means they do not accurately reflect the current population distribution in India. As a result, the surveys may underestimate the proportion of the urban population and overestimate the rural population, leading to biased estimates.
    • Inadequate Representation: The surveys’ sampling mechanisms are not adapted to rapid changes in India’s population and economy.
    • Data Quality: While there is a general consensus on the robustness and representativeness of the survey methodology, there is a lack of attention and scrutiny regarding the data quality of these surveys.
    • Non-Sampling Errors: The response rate in these surveys is not consistent across different wealth levels. This issue can introduce biases in the survey estimates, particularly with regards to the representation of wealthier households.
    • Underestimation of India’s Progress: In a dynamic economy like India, where there have been significant policy reforms and rapid urbanization, relying on outdated surveys can impede effective policy-making by creating a gap between ground realities and survey estimates.

    Consequences of faulty sampling

    • Biased Estimates: Faulty sampling can introduce biases into survey estimates, leading to inaccurate representations of the target population. Biases can result in misleading findings and hinder effective policy decision-making.
    • Underrepresentation and Exclusion: Faulty sampling may lead to underrepresentation or exclusion of specific population groups. This can result in neglecting their needs and perspectives, leading to inadequate policy interventions for those marginalized or underrepresented groups.
    • Lack of Generalizability: Inaccurate or non-representative sampling hampers the generalizability of survey results. When the sample does not accurately reflect the population, it becomes challenging to make valid inferences about the broader population based on the survey findings.
    • Compromised Data Quality: Faulty sampling undermines the overall quality of the collected data. Sampling errors introduce uncertainty and reduce the precision of estimates, impacting the reliability and trustworthiness of the data.
    • Misguided Resource Allocation: Biased estimates resulting from faulty sampling can lead to misallocation of resources. If policy decisions are based on inaccurate information, resources may be allocated inefficiently, missing opportunities to address the actual needs of the population.
    • Erosion of Confidence: Faulty sampling erodes confidence in the survey process and the credibility of the data collected. Stakeholders may question the reliability and integrity of the surveys, leading to decreased trust and potentially hindering the utilization of the data for decision-making.

    Way forward: Need for Reforms in Major surveys

    • Updating Sampling Frames: There is a need for a major sampling overhaul to address outdated sampling frames. Reforms should focus on ensuring that the sampling frames used in surveys like the NSS, NFHS, and PLFS accurately reflect the current population distribution in India.
    • Improved Survey Mechanisms: There is a necessity of adapting survey mechanisms to rapid changes in the population and economy. Reforms should be aimed at modernizing and streamlining the survey methodologies to better capture the true status of India’s real economy.
    • Addressing Data Quality Concerns: There is a lack of attention and scrutiny regarding the data quality of the major surveys. Reforms should prioritize enhancing data quality assurance measures throughout the survey process, including data collection, processing, and analysis.
    • Mitigating Non-Sampling Errors: Non-sampling errors, particularly related to low response rates correlated with wealth levels, need to be addressed. Reforms should focus on understanding and correcting for these errors to ensure more accurate and representative survey estimates.
    • Accurate Population Projections: Given the rapid pace of change, reforms should aim to improve population projections to align with ground realities. This would involve refining projections based on past trends and incorporating the current pace of urbanization and other demographic shifts.

    Conclusion

    • To ensure effective policy-making and accurate assessments of India’s socioeconomic landscape, it is imperative to address the existing data quality gap. By prioritizing data quality alongside data availability and size, India can better inform policies and bridge the gap between statistical estimates and ground realities, facilitating holistic and inclusive development.

    Also read:

    Poverty Estimates: Issues With PLFS Data

  • Data Protection Bill approved by Cabinet: Content, concerns

    protection

    Central Idea

    • Nearly six years after the Supreme Court recognized privacy as a fundamental right, the Indian government has taken a significant step towards safeguarding personal data with the Digital Personal Data Protection Bill, 2022. This legislation, expected to be tabled in the upcoming Monsoon Session of Parliament, aims to address concerns regarding data protection, while considering the country’s trade negotiations with international partners.

    *Relevance of the topic*

    Today India has more than 800 million internet users and it is expected to increase by 45% in the next five years to 900 million in 2025

    Given the dynamic nature of the online sphere, privacy concerns and issues are rapidly changing.

    Need for robust data protection policy and its implications on citizens

    Significance of Privacy Law/ Data Protection Bill, 2022

    • Filling the Legislative Gap: The proposed bill aims to fill the legislative gap in India regarding the protection of personal data. By enacting a comprehensive privacy law, it will provide a dedicated legal framework for the collection, storage, processing, and transfer of personal data, addressing concerns that were previously unregulated.
    • Strengthening Data Protection: The bill seeks to strengthen data protection measures by placing obligations on entities, referred to as data fiduciaries, to maintain the accuracy and security of personal data. It also emphasizes the importance of deleting data once its purpose has been fulfilled, promoting responsible data management practices.
    • Trade Negotiations and Global Alignment: The bill’s enactment holds significance in India’s trade negotiations, particularly with regions like the European Union. Implementing a robust privacy law aligns India with international data protection standards, such as the GDPR, which can facilitate smoother data transfers and trade relations with countries that prioritize privacy.
    • Consumer Trust and Confidence: Establishing a privacy law builds consumer trust and confidence in the digital ecosystem. It assures individuals that their personal data will be protected, thereby encouraging greater participation in digital transactions, e-commerce, and other online activities. Increased trust contributes to the growth of the digital economy.
    • Accountability and Remedies: The bill includes provisions for accountability and remedies in case of privacy breaches. It empowers individuals to seek legal remedies and file complaints against entities that violate the privacy provisions. This promotes a culture of accountability among organizations and strengthens individuals’ rights.
    • Harmonizing Data Protection and National Interests: The proposed bill aims to strike a balance between data protection and national interests. While safeguarding privacy rights, it also provides exemptions for the central government and its agencies on grounds of national security, foreign relations, and public order, ensuring that legitimate national interests are taken into account

    Concerns Surrounding the Draft Bill

    • Wide-ranging Exemptions: One of the major concerns is the inclusion of wide-ranging exemptions for the central government and its agencies. These exemptions allow the government to bypass certain provisions of the bill based on reasons such as national security, relations with foreign governments, and maintenance of public order. Critics argue that these exemptions could potentially undermine privacy protections and weaken the scope of the law.
    • Dilution of the Data Protection Board: The role of the data protection board, which serves as an adjudicatory body for privacy-related disputes, is perceived to be diluted in the draft bill. The control of the central government in appointing board members and determining the terms and conditions of their service raises concerns about the independence and effectiveness of the board.
    • Potential Impact on the Right to Information (RTI) Act: There are concerns that the draft bill could have implications for the Right to Information (RTI) Act. The protection of personal data of government functionaries under the privacy law could make it more challenging for information to be shared with RTI applicants, potentially affecting transparency and accountability

    How does India’s proposal compare with other countries?

    • European Union (EU) Model: The EU’s General Data Protection Regulation (GDPR) is a comprehensive data protection law that sets high standards for the processing and protection of personal data. The GDPR is known for its stringent requirements and extensive obligations on organizations handling personal data. India’s proposed bill aims to align with international standards, including those set by the GDPR, to facilitate data transfers and trade relations with the EU.
    • United States Model: Privacy protection in the United States is primarily based on sectoral laws and regulations. The focus is on safeguarding individual liberties, with an emphasis on protection from government intrusion. The US approach allows data collection as long as individuals are informed about it. In comparison, India’s proposed bill takes a more comprehensive approach, covering various aspects of data protection and placing obligations on both government and private entities.
    • China Model: China has recently implemented new data privacy and security laws, including the Personal Information Protection Law (PIPL) and the Data Security Law (DSL). These laws grant individuals new rights over their personal data and impose restrictions on cross-border data transfers. While the specific provisions of India’s proposed bill may differ, both India and China aim to enhance data protection and privacy in the face of increasing digitalization.
    • Global Adoption: According to the United Nations Conference on Trade and Development (UNCTAD), the majority of countries globally have established data protection and privacy laws. Africa and Asia have shown significant adoption rates, with countries in these regions implementing their own privacy frameworks. It is worth noting that the level of adoption and the specifics of these laws may vary across countries.

    Implications of the bill on Citizens

    1. Positive implications
    • Enhanced Privacy Protection: The bill would provide individuals with greater control over their personal data and reduce the risk of unauthorized access or misuse.
    • Strengthened Data Security: Stricter requirements for data fiduciaries to implement security measures can help safeguard sensitive data, enhancing trust and confidence in digital transactions.
    • Increased Accountability and Remedies: The bill empowers citizens by providing them with avenues to address privacy violations, ensuring that their rights are protected and promoting a culture of accountability among data handlers.
    1. Potential Negative Implications:
    • Exemptions for Government Agencies: Concerns about the government’s access to and use of personal data, leading to potential privacy risks and diminished transparency.
    • Weakened Role of the Data Protection Board: The perceived dilution of the data protection board’s role, particularly in terms of its independence and control by the central government may result in a lack of impartial adjudication and hinder citizens’ ability to seek redress for privacy violations.
    • Potential Impact on Right to Information (RTI) Act: If personal data is shielded under the privacy law, it may restrict access to information by RTI applicants, potentially affecting transparency and accountability in the public sphere.

    What changes are likely in the final version?

    • Cross-border Data Flows: A key change in the final draft is a shift from a ‘whitelisting’ approach to a ‘blacklisting’ mechanism regarding cross-border data flows. This means that data transfers will be allowed to most jurisdictions by default, except for those specified in a ‘negative list’ of countries where transfers would be prohibited.
    • Stricter “Deemed Consent” Provision: The provision on “deemed consent” may be reworded to impose stricter requirements on private entities while allowing government departments to assume consent for processing personal data on grounds of national security and public interest. This change aims to strengthen privacy protections for individuals.
    • Clarification of Penalties: The final version of the bill is expected to provide clarity on penalties for data breaches. It is reported that the highest penalty for failing to prevent a data breach could be prescribed at Rs 250 crore per instance. The interpretation of “per instance” would be determined by the data protection board on a case-by-case basis.

    Way forward

    • Stakeholder Consultation: Engage with privacy experts, industry representatives, and civil society organizations for comprehensive input and diverse perspectives.
    • Strengthen Privacy Safeguards: Minimize exemptions for government agencies, ensure an independent and effective data protection board, and clarify provisions on data breaches and penalties.
    • Transparency and Accountability: Establish clear guidelines for data fiduciaries, conduct regular audits, and provide accessible mechanisms for citizens to file complaints and seek redress.
    • Awareness and Education: Launch public awareness campaigns, privacy literacy programs, and collaborate with educational institutions to empower individuals with knowledge about their privacy rights.
    • International Cooperation: Align standards with international frameworks, collaborate on data transfer mechanisms, and actively participate in global privacy discussions and forums.
    • Continuous Review and Adaptation: Incorporate provisions for regular review and updates to address emerging privacy challenges and technological advancements.

    Conclusion

    • As India prepares to introduce the Digital Personal Data Protection Bill, 2022, it marks a significant milestone in protecting individuals’ privacy rights and regulating data practices. However, concerns regarding exemptions for government agencies and the potential impact on the RTI Act need to be carefully addressed. By striking a balance between privacy protection and national interests, India can establish a robust framework that promotes data-driven innovation, fosters international trade relations, and ensures individuals’ control over their personal data

    Also read:

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

  • Cabinet clears Data Protection Bill

    data

    Central Idea

    • The Union Cabinet has granted clearance for the Digital Personal Data Protection (DPDP) Bill, which is set to be introduced in the upcoming Monsoon Session of Parliament.
    • This legislation aims to regulate the management of personal data of Indian residents, emphasizing explicit consent for data collection and usage.

    DPDP, Bill: Key Features and Concerns

    (A) Data Protection Norms and Consent

    • Data Protection Law: The DPDP Bill establishes norms for the management of personal data and mandates explicit consent from individuals whose data is collected and used.
    • Limited Transparency: More than 20,000 comments were received during the public consultation on the draft Bill, but these comments have not been made publicly available.
    • Minimal Changes: The final Bill, to be presented in Parliament, reportedly shows little deviation from the initial draft circulated for public consultation.

    (B) Data Protection Board and Grievance Redressal

    • Role of the Data Protection Board: The DPDP Bill enables individuals to lodge complaints with the Data Protection Board of India, consisting of government-appointed technical experts, in case of unauthorized data usage.
    • Investigation of Breaches: The Board will initiate an investigation into reported breaches of personal data.

    (C) Provisions and Penalties

    • EU Influence: The DPDP Bill draws inspiration from the EU’s General Data Protection Regulation, outlining practices for entities collecting personal data, storage, processing, and the rights of data subjects.
    • Voluntary Undertaking: Entities can admit a breach and pay a penalty as a mitigation measure to avoid court litigation.
    • Penalties and Fines: Penalties for breaches can reach up to ₹250 crore, with a possibility of upward revision to ₹500 crore. Individual offenses may attract fines starting from ₹10,000.
    • Data Protection Board’s Role: The Board will levy fines and penalties for breaches, with a maximum penalty of ₹500 crore for data breaches.

    (D) Exemptions and Concerns

    • Exemptions for Courts and Law Enforcement: The Bill exempts courts and law enforcement agencies from certain requirements when processing personal data for the prevention, detection, investigation, or prosecution of offenses.
    • Concerns over RTI Amendment: An amendment in the DPDP Bill raises concerns among Right to Information activists, as it may restrict the sharing of “personal information” by government departments, potentially impeding transparency and accountability.

    Potential Changes in the Final Draft

    • Cross-Border Data Flows: The approach to cross-border data transfers may shift from a ‘whitelisting’ approach to a ‘blacklisting’ mechanism.
    • Stricter Deemed Consent: The provision on “deemed consent” for private entities could be reworded to be more stringent, while government departments may assume consent for processing personal data in the interest of national security and public interest.

    International Comparisons

    data

    • Global Data Protection Laws: A significant number of countries have enacted data protection and privacy legislation, with the GDPR serving as a template for many jurisdictions.
    • EU, US, and China Models: The EU focuses on comprehensive data protection, the US emphasizes privacy as “liberty protection,” and China has introduced new laws on data privacy and security.

    Why discuss this yet again?

    • Previous Withdrawal: An earlier version of the data protection Bill was withdrawn from Parliament in 2021 due to pushback from various stakeholders.
    • International Relevance: The DPDP Bill’s implementation is crucial for India’s trade negotiations, particularly with regions like the European Union, which has comprehensive privacy laws under the General Data Protection Regulation (GDPR).

    Conclusion

    • The Bill marks a significant step toward safeguarding personal data in India.
    • The legislation introduces stricter norms for data collection and usage, emphasizing explicit consent and establishing penalties for breaches.
    • However, concerns have been raised regarding the limited transparency of the consultation process and potential exemptions that may impact transparency and accountability.

     

  • Iran dragged to International Court of Justice (ICJ)

    iran icj

    Central Idea

    • The UK, Canada, Sweden, and Ukraine have jointly initiated legal proceedings against Iran at the International Court of Justice, the highest court of the United Nations.
    • The case pertains to the tragic downing of a Ukrainian passenger jet in 2020, resulting in the loss of all 176 passengers and crew members.
    • Iran recently acquired the membership of SCO.

    About the International Court of Justice (ICJ)
    Establishment Also called World Court, was established in 1945.

    Began its operations in 1946.

    Located in The Hague, Netherlands.
    Purpose To settle legal disputes between member states and provide advisory opinions on legal questions referred to it by authorized UN organs and specialized agencies.
    Composition 15 judges elected by the UN General Assembly and the Security Council.

    Judges serve for a term of 9 years and can be re-elected.
    Judicial Independence Operates independently of the UN.

    Its decisions are binding on the parties involved in a dispute.

    Member states are obligated to comply with ICJ judgments.
    Jurisdiction Over cases submitted to it by sovereign states.

    Can only hear cases if both parties involved in the dispute have consented to its jurisdiction.

    Provides advisory opinions to UN organs and specialized agencies.
    Cases Disputes over territorial boundaries, maritime rights, human rights violations, interpretation of treaties, and state responsibility.

    It has jurisdiction over both contentious cases and advisory proceedings.
    Legal Systems Applies two primary sources of law:  International treaties and customary international law.

    Considers general principles of law and judicial decisions as subsidiary sources.
    Proceedings ICJ proceedings are public unless the court decides otherwise or the parties involved agree on privacy.
    Binding Nature of Judgments ICJ judgments are legally binding on the parties involved in a dispute.

    If a state fails to comply with a judgment, the matter can be brought to the attention of the UN Security Council for further action.
    Enforcement Mechanism ICJ lacks its own enforcement mechanism, and it relies on the voluntary compliance of states with its judgments.

    However, the UN Security Council has the power to take measures to enforce ICJ rulings.
    Accessibility Accessible to all member states of the UN.

    Non-member states can also become parties to cases.

    Tragedy and International Response

    • Flight PS752: Details of the Ukrainian passenger jet, which was en route from Tehran to Kyiv on January 8, 2020.
    • Shooting Down: The plane was shot down shortly after takeoff.
    • Nationalities: The victims included individuals from Canada, Sweden, Ukraine, the United Kingdom, Afghanistan, and Iran, spanning a wide age range.

    Iran’s Admission and Subsequent Actions

    • Failed Arbitration Request: Iran’s lack of response to arbitration request led to the filing of the case.
    • Initial Denials: Iran initially denied responsibility for the downing but later admitted that the Revolutionary Guard had mistakenly shot down the plane using two surface-to-air missiles.
    • Blaming the Operator: Iranian authorities attributed the incident to an air defense operator who allegedly mistook the Boeing 737-800 for an American cruise missile.
    • Judicial Response: An Iranian court sentenced an air defense commander to 13 years in prison for his alleged role in the downing.
    • Critique of the Trial: The countries filing the case criticized the prosecution, referring to it as a “sham and opaque trial.”

    Allegations against Iran  

    • Lack of Preventive Measures: The plaintiffs argue that Iran failed to take necessary measures to prevent the intentional commission of an offence.
    • Inadequate Investigation and Prosecution: Iran is accused of conducting an impartial, transparent, and fair criminal investigation, which is inconsistent with international law.
    • Destruction of Evidence: Allegations claim that Iran withheld or destroyed crucial evidence related to the incident.
    • Harassment of Families: Iran is accused of threatening and harassing the families of the victims who sought justice.
    • Failure to Report: Iran neglected to report crucial details of the incident to the International Civil Aviation Organization.