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GS Paper: GS2

  • Performance Grading Index (PGI) released for 2021-22

    grading

    Central Idea

    • The annual Performance Grading Index (PGI) released by the Union government ranks the performance of States and Union Territories in school education for the year 2021-22.
    • While Chandigarh and Punjab emerged as the top performers, none of the states or UTs achieved the highest grade, Daksh, indicating room for improvement across the board.

    Performance Grading Index (PGI)

    • The Performance Grading Index (PGI) is a tool to provide insights on the status of school education in States and UTs including key levers that drive their performance and critical areas for improvement.
    • The Department of School Education and Literacy (DoSEL) has designed the PGI to catalyse transformational change in the field of school education.

    Key Parameters of the PGI

    • Learning Outcomes: Assessing students’ performance in subjects such as language, math, science, and social science.
    • Access to Education: Evaluating net enrolment ratio, retention rates, transitions between educational levels, and mainstreaming of out-of-school children.
    • Infrastructure: Examining availability of science labs, computer labs, book banks, vocational education subjects, mid-day meal supply, functional drinking water facilities, and provision of uniforms and free textbooks.
    • Equity: Considering the performance gap between marginalized communities and the general category, as well as the presence of inclusive infrastructure like ramps and disabled-friendly toilets.
    • Educational Governance and Management: Assessing digital attendance records, the presence of single-teacher primary schools, vacancies in educational posts, inspections, and teacher evaluations.

    PGI Grades and Rankings

    • Daksh: The highest grade in the PGI, scoring above 940 out of 1,000 points.
    • Akanshi-3: The lowest grade, with scores up to 460 points.
    • Top Performers: Chandigarh and Punjab secured the sixth-highest grade, Prachesta-2, followed closely by Gujarat, Kerala, Maharashtra, Delhi, Puducherry, and Tamil Nadu at Prachesta-3.
    • Improvement Needed: Thirteen states, including Andhra Pradesh, Chhattisgarh, Haryana, West Bengal, and Madhya Pradesh, were categorized as Akanshi-1 states, indicating substantial room for improvement.

    Action for Improvement

    • Domain-Wise Action: The report highlights that states can take specific actions in each domain to improve their overall score in the PGI.

     

  • What Data Protection Bill needs to do to actually protect?

    What is the news?

    • The government is reportedly introducing a revised version of the Digital Personal Data Protection Bill during the upcoming Monsoon session of Parliament. The article highlights the importance of including provisions on data portability and interoperability in the Bill.

    Central idea

    • The government is set to present a revised version of the Digital Personal Data Protection Bill. This presents a unique opportunity for the government to enhance the Bill by reintroducing provisions on data portability and introducing an interoperability provision.

    What is the Digital Personal Data Protection Bill about?

    • The Digital Personal Data Protection Bill aims to safeguard personal data of Indian citizens.
    • It states how data should be stored, processed, and protected.
    • The bill specifies obligations of data fiduciary for processing digital personal data and states practices they must follow to prevent data breach.
    • It also defines consent of the data principal to provide such information

    What is meant by Data portability and interoperability?

    Data Portability:

    • Data portability refers to the ability of individuals to transfer their personal data from one platform, service, or organization to another.
    • It focuses on the movement and transfer of personal data, allowing users to take their data with them when they switch platforms or services.
    • Data portability empowers individuals by giving them control over their personal information and the freedom to choose alternative platforms or services without losing access to their data.

    Interoperability:

    • Interoperability refers to the ability of different systems, platforms, or services to seamlessly exchange and use data with one another.
    • It ensures that different technologies, applications, or networks can work together and communicate effectively, enabling data and information to flow between them.
    • Interoperability allows for the compatibility and interaction of systems, promoting collaboration and communication across different platforms.

    What is the Need for Empowering Users through Data Portability and Interoperability?

    • User Control and Choice:
    • Currently, users often find themselves locked into platforms or services that collect and utilize their data without much transparency or control.
    • By enabling users to transfer their data and choose alternative platforms, data portability allows individuals to exercise their rights and make informed decisions about their data.
    • Privacy and Data Protection:
    • Users have the right to ensure that their personal data is handled responsibly and in accordance with their preferences.
    • By facilitating data portability, individuals can move their data to platforms that prioritize privacy and security, incentivizing organizations to adopt stronger data protection practices.
    • Fostering Competition and Innovation:
    • Start-ups and smaller companies often face challenges in competing with established platforms due to the network effects and data lock-in created by dominant players.
    • By allowing users to easily switch platforms while retaining their data, data portability enables start-ups to attract dissatisfied users and offer innovative alternatives, driving competition and fostering a dynamic market.
    • User Empowerment:
    • When users have the ability to freely move their data, platforms are incentivized to provide better services, respect user rights, and compete for user loyalty.
    • This shift in power dynamics puts users in a more empowered position, encouraging platforms to prioritize user interests and enhance their overall digital experience.
    • Cross-Platform Collaboration and Interaction:
    • Interoperability allows users to communicate and engage with individuals on different platforms, breaking down the silos that currently limit cross-platform interaction.
    • This promotes a more interconnected digital ecosystem and enhances user experiences by enabling seamless communication and data flow.

    Potential concerns associated with data portability and interoperability

    • Privacy Risks: The movement of personal data through data portability and interoperability raises privacy concerns, including unauthorized access, breaches, and misuse of information. Robust data protection measures are necessary to safeguard user privacy.
    • Data Security: Data portability and interoperability add complexity to data security. Strong security protocols are needed to prevent unauthorized access, tampering, or loss of data.
    • Standardization Challenges: Achieving universal standardization for seamless data transfer and interoperability is challenging due to the diverse range of technologies involved. Lack of standardization can hinder smooth data transfer and interoperability.
    • Vendor Lock-in: While data portability aims to reduce vendor lock-in, some platforms may still implement practices that make it difficult to transfer data. This can limit user choice and freedom.
    • Data Quality and Compatibility: Data transfer between platforms can result in compatibility and quality issues. Differences in data formats and standards can affect data accuracy, completeness, and reliability.
    • Complexity and Technical Challenges: Implementing data portability and interoperability can be technically complex. It requires infrastructure, resources, and expertise to support seamless data transfer and compatibility.

    Way forward

    • Legislative Action: Governments must prioritize enacting comprehensive data protection laws with provisions for data portability and interoperability, establishing clear guidelines and enforcement mechanisms.
    • Industry Collaboration: Stakeholders should collaborate to develop common protocols, formats, and standards for data portability and interoperability, prioritizing user-centric design, data security, and privacy.
    • User Education: Governments and organizations should educate users about their rights regarding data portability and interoperability, raising awareness of benefits, risks, and processes involved.
    • Privacy by Design: Organizations should adopt privacy by design principles, integrating data protection into platform and service design from the outset.
    • Third-Party Verification: Independent entities can verify and audit data portability and interoperability practices, ensuring compliance with standards and building user trust.
    • International Collaboration: Governments should engage in international collaborations to promote harmonized standards and regulations for cross-border data transfers.
    • Continuous Review: Regularly reviewing and updating regulations and standards ensures adaptability to evolving technology and data governance challenges.

    Conclusion

    • Given the internet’s indispensability to modern life, it is imperative for the government to seize this opportune moment and enact legislation that supports user empowerment and innovation. By striking while the iron is hot, the government can create a more equitable and thriving digital landscape for all.

    Also read:

    Laying the foundation for a future-ready digital India

  • Why TRAI wants to regulate WhatsApp, similar services

    Central Idea

    • In a surprising move, the TRAI is reconsidering its previous stance on regulating OTT communication services such as WhatsApp, Zoom, and Google Meet. Almost three years after advising against a specific regulatory framework for these services, TRAI has released a consultation paper, inviting stakeholders to provide suggestions on regulating OTT services.

    What is Telecom Regulatory Authority of India (TRAI)?

    • TRAI is an independent regulatory body established by the Government of India to regulate and promote telecommunications and broadcasting services in the country.
    • TRAI’s primary mandate is to ensure fair competition, protect consumer interests, and facilitate the growth and development of the telecom industry in India.
    • TRAI performs various functions to fulfill its objectives, including formulating regulations and policies, issuing licenses to telecom service providers, monitoring compliance with regulations, resolving disputes, promoting fair competition, and conducting research and analysis in the telecom sector.
    • TRAI also acts as an advisory body to the government on matters related to telecommunications and broadcasting.

    What is Over-the-top (OTT)?

    • OTT refers to the delivery of audio, video, and other media content over the internet directly to users, bypassing traditional distribution channels such as cable or satellite television providers.
    • OTT communication services offer users the ability to make voice and video calls, send instant messages, and engage in group chats using internet-connected devices.
    • Examples of popular OTT services include video streaming platforms like Netflix, Amazon Prime Video, and Disney+, music streaming services like Spotify and Apple Music, communication apps like WhatsApp and Skype, and social media platforms like Facebook and Instagram.

    Growing complexity of regulating Internet services

    • Rapid Technological Advancements: The Internet landscape is constantly evolving, with new technologies, platforms, and services emerging regularly which makes it challenging for regulators to keep up with the latest developments and their potential implications.
    • Convergence of Services: Traditionally distinct services such as telecommunications, broadcasting, and information technology are converging in the digital realm. Internet services now encompass a wide range of functionalities, including communication, entertainment, e-commerce, social networking, and more.
    • Global Nature of the Internet: The Internet transcends national boundaries, making it difficult to implement uniform regulations across jurisdictions. Different countries have varying approaches to Internet governance, privacy laws, content regulation, and data protection.
    • Privacy and Data Protection: The collection, storage, and use of personal data by Internet services have raised concerns about privacy and data protection.
    • Content Moderation and Fake News: The rise of social media and user-generated content platforms has brought forth challenges related to content moderation, misinformation, and disinformation. Regulators are grappling with issues of freedom of speech, ensuring responsible content practices, and combatting the spread of fake news and harmful content online.

    Why is TRAI exploring selective banning of OTT apps?

    • Economic Ramifications: Shutting down telecommunications or the entire Internet can have significant negative consequences for a country’s economy. By exploring selective banning of OTT apps, TRAI aims to mitigate the economic ramifications while still addressing concerns related to specific apps or content.
    • Technological Challenges: Traditional methods of blocking websites or apps may face challenges when dealing with dynamic IP addresses and websites hosted on cloud servers. Advanced techniques and encryption protocols like HTTPS make it difficult for service providers to block or filter content at the individual app level. Despite these challenges, TRAI believes that it is still possible to identify and block access to specific websites or apps through network-level filtering or other innovative methods.
    • Parliament Committee Recommendation: TRAI’s exploration of selective banning of OTT apps aligns with the recommendation made by the Parliamentary Standing Committee on IT. The committee suggested that targeted blocking of specific websites or apps could be a more effective approach compared to a blanket ban on the entire Internet.

    Why it is necessary to regulate OTT communication services?

    • Consumer Protection: Regulations can help ensure consumer protection by establishing standards for privacy, data security, and user rights. OTT communication services handle vast amounts of personal data and facilitate sensitive conversations, making it crucial to have safeguards in place to protect user privacy and secure their data from unauthorized access or misuse.
    • Quality and Reliability: By establishing minimum service standards, authorities can ensure that users have consistent and reliable access to communication services, minimizing disruptions and service outages.
    • National Security: OTT communication services play a significant role in everyday communication, including personal, business, and government interactions. Ensuring national security interests may require regulatory oversight to address issues like lawful interception capabilities, preventing misuse of services for illegal activities, and maintaining the integrity of critical communications infrastructure.
    • Level Playing Field: Regulatory measures aim to create a level playing field between traditional telecom operators and OTT service providers. Regulating OTT communication services can address the perceived disparity in obligations and promote fair competition among different service providers.
    • Public Interest and Social Responsibility: OTT communication services have become integral to societal functioning, enabling education, healthcare, business communication, and more. Regulations can ensure that these services operate in the public interest and uphold social responsibilities. For example, regulations can address issues like combating misinformation, hate speech, or harmful content on these platforms.

    Conclusion

    • TRAI’s decision to revisit its stance on regulating OTT communication services reflects the evolving dynamics of the Internet industry. The consultation paper and the draft telecom Bill highlight the need for regulatory parity and financial considerations in this sector. As stakeholders provide suggestions, it remains to be seen how TRAI will strike a balance between regulating OTT services and fostering innovation in the digital landscape

    Also read:

    Fake News: Addition of The Provision In Intermediary Guidelines

  • The abolition of cantonments: What does it entail for urban local bodies?

    Central Idea

    • Recently, the Ministry of Defence took a significant step towards disbanding cantonments in India with the notification for the abolition of Yol Cantonment in Himachal Pradesh. This move is part of a larger plan to convert military areas into exclusive military stations, while merging civilian areas with neighboring urban local bodies (ULBs).

    Historical Context

    • The 62 cantonments spread unevenly across the country are considered archaic colonial legacies that originated after the East India Company’s victory in the battle of Plassey.
    • These cantonments were primarily established for quartering troops, but over time, civilian populations settled within their jurisdictions to provide support services.
    • The current administration of cantonments is under cantonment boards, which function as deemed municipalities and perform civic duties similar to ULBs

    Their features

    • Cantonment Boards are democratic bodies comprising elected and nominated members.
    • In terms of Entry 3 of the Union List (Schedule VII) of the Constitution of India, Urban Self Governance of the Cantonments and the Housing Accommodation therein is the subject matter of the Union.
    • The Station Commander of the Cantonment is the ex-officio President of the Board, and an officer of the IDES or Defence Estates Organisation is the Chief Executive Officer who is also the Member-Secretary of the Board.
    • They have equal representation of elected and nominated/ex-officio members to balance official representation with democratic composition.
    • They maintain ecological balance while providing better civic facilities to the residents.

    What is the plan?

    • The plan is to carve out the military areas in all cantonments and convert them into “exclusive military stations” with the Army exercising “absolute control” over them.
    • The civilian areas, in turn, will be merged with the local municipalities, which will be responsible for their maintenance among other things.

    Advantages for the Military

    • Focus on Core Responsibilities: By separating civilian areas from military stations, the military commanders would be relieved of non-military responsibilities. This would allow them to concentrate more on their core duties, such as training troops and maintaining war preparedness.
    • Elimination of Political Involvement: In some instances, army officers have found themselves getting involved in local politics within cantonments, despite lacking background and training in this area. The merger of civilian areas into ULBs would reduce the army’s involvement in local political matters.
    • Homogeneous Management: The merger would enable uniform and homogeneous management of military stations strictly under the control of the army. This would facilitate streamlined decision-making processes and enhance operational efficiency within military establishments.
    • Enhanced Security: With civilian areas separated from military stations, there is a potential improvement in security arrangements. Military installations can implement stricter security measures without concerns about civilian populations living in close proximity.
    • Increased Flexibility: Without the burden of managing civilian functions, the military can respond more flexibly to changing security needs and allocate resources more effectively. This flexibility can enhance the overall operational capabilities and readiness of the armed forces.

    Benefits for Civilian Residents

    • Property Regulations: Relief from restrictive property regulations, making it easier for residents to transfer, mutate, and develop properties without excessive limitations.
    • Reduced Inconvenience: Mitigation of road closures within cantonments, resulting in less inconvenience for civilian residents in terms of movement and transportation.
    • Access to Welfare Schemes: Integration with ULBs grants civilians access to social welfare schemes provided by the government, which were previously unavailable due to the cantonment’s non-plan sector status.
    • Economic Opportunities: Removal of stifling restrictions on construction and economic activities encourages growth and urbanization in merged areas, potentially boosting employment and economic opportunities for residents.
    • Municipal Laws: Residents come under the jurisdiction of ULBs, ensuring that municipal laws and services are applicable to them, leading to better governance and provision of essential services such as water supply, sanitation, education, and street lighting.

    Potential Concerns

    • Uncontrolled Construction: There is a possibility that the merger of cantonment areas into ULBs may lead to uncontrolled construction and commercialization, particularly in hill station cantonments. This could result in the loss of the charm and environmental integrity of these areas.
    • Insufficient Services: ULBs may struggle to provide quality services and governance to the merged areas. Existing cities already face challenges in delivering services, and the addition of new areas with limited revenue may further strain the capacity of ULBs, potentially resulting in inadequate infrastructure, healthcare, and other essential services.
    • Environmental Impact: The removal of restrictions on construction and economic activities may have negative environmental consequences, such as increased pollution, strain on natural resources, and encroachment on ecologically sensitive areas. Proper environmental safeguards should be in place to mitigate these potential impacts.
    • Resistance to Resource Allocation: Existing councillors and political constituencies may resist diverting funds from their own areas to support the merged areas. This resistance could impede the equitable distribution of resources and hinder the development and provision of essential services in the merged areas.
    • Capacity Constraints: ULBs may struggle with limited manpower, technical expertise, and administrative capacities to effectively govern and manage the merged areas. The sudden addition of new areas may overwhelm the existing administrative setup, hindering their ability to provide efficient and responsive governance.
    • Revenue Generation: Merged cantonment areas may have limited revenue-generating potential, which can pose challenges for ULBs in generating sufficient funds to sustain and improve services. The existing revenue streams of ULBs may need to be re-evaluated, and new strategies for revenue generation may need to be implemented to support the merged areas.

    Way forward

    • Comprehensive Planning: The government should undertake comprehensive urban planning exercises to ensure orderly and sustainable development in the merged areas.
    • Strengthening ULBs: To address the challenges faced by ULBs, the government should provide adequate financial resources, technical support, and capacity-building programs.
    • Public Participation: Engaging the public and stakeholders in the planning and decision-making processes is crucial. This can be achieved through consultations, public hearings, and feedback mechanisms.
    • Monitoring and Evaluation: Regular monitoring and evaluation mechanisms should be established to assess the progress and impact of the merger. This would help identify any shortcomings or challenges and enable timely corrective measures to be implemented.
    • Collaborative Approach: Collaboration between the central and state governments, ULBs, and other relevant stakeholders is essential. A coordinated approach will facilitate effective decision-making, resource allocation, and the implementation of policies and programs.
    • Long-term Perspective: The merger should be viewed from a long-term perspective, considering the social, economic, and environmental implications. It is important to strike a balance between development aspirations and the preservation of the cultural and environmental heritage of the merged areas

    Conclusion

    • The decision to merge civilian areas of cantonments with ULBs carries both advantages and challenges. While the military stands to benefit from the separation, civilians can expect relief from restrictive regulations and improved access to welfare schemes. However, concerns about uncontrolled development and the ability of ULBs to deliver quality services warrant attention. Future mergers emphasize the need for government intervention to adequately fund cities and support their expanding responsibilities.

  • 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.