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GS Paper: GS2

  • Supreme Court rulings on Encounters

    encounter

    Central idea: A gangster-turned-politician son and his aide were killed in an encounter in UP.

    Why discuss this?

    • The National Human Rights Commission (NHRC) and the Supreme Court have laid down proper guidelines and procedures to be followed to prevent any misuse of power by the law enforcement agencies.
    • However, this encounter has brought to the forefront the issue of extra-judicial killings or “encounters” by the police in India.

    Supreme Court Guidelines on Encounters

    • In September 2014, a bench of then CJI RM Lodha and Rohinton Fali Nariman issued detailed guidelines.
    • These guidelines came in the case “People’s Union for Civil Liberties v State of Maharashtra”.
    • The guidelines enumerated 16 points to be followed in the matters of investigating police encounters in the cases of death as the standard procedure for a thorough, effective and independent investigation-
    1. Registration of a first information report (FIR) as mandatory
    2. Magisterial inquiry
    3. Keeping written records of intelligence inputs
    4. Independent investigation by bodies such as the CID
    5. A Magisterial Inquiry must invariably be held in all cases of death which occur in the course of police action
    6. Next of kin of the deceased must invariably be associated in such inquiry
    7. In every case when a complaint is made against the police alleging commission of a criminal act on their part, which makes out a cognizable case of culpable homicide, an FIR to this effect must be registered under appropriate sections of the IPC
    8. Such an inquiry made under Section 176 of the Code of Criminal Procedure, 1973, must show “whether use of force was justified and action taken was lawful.”
    9. Whenever the police receives any intelligence or tip-off on criminal movements or activities relating to the commission of grave criminal offence, “it shall be reduced into writing in some form (preferably into case diary) or in some electronic form.”
    10. Following such tip-off or intelligence, if an encounter takes place and a firearm is used by the police party, resulting in death, then an FIR to that effect has to be registered and forwarded to the court under Section 157 without delay.
    11. Provisions for an independent investigation into the encounter
    12. The requirements/norms must be strictly observed in all cases of death and grievous injury in police encounters by treating them as law declared under Article 141 of Indian Constitution.
    13. The law declared by the Supreme Court shall be binding on all other courts in Indian Territory.
    14. NHRC’s involvement is not necessary, “unless there is serious doubt about independent and impartial investigation.”
    15. The information about the incident must be sent to NHRC or the State Human Rights Commission.

    NHRC Guidelines on Encounters

    • The National Human Rights Commission (NHRC) has asked all states and Union Territories to ensure that police follow a set of guidelines in cases where death is caused in police encounters.
    • These included the police’s duty to enter all information received about encounter deaths in an “appropriate register” and provisions for investigation by independent agencies like the State CID.

    Issues with such encounters

    • Defies rule of law: This practice undermines the rule of law and due process, and violates the right to life and other human rights.
    • Use of force: There have been allegations of police and security forces using excessive force.
    • Fake encounters: There have been instances of staging encounters, and conducting fake encounters to eliminate suspects without following the due legal process.
    • Autocracy: These incidents have raised concerns about impunity, lack of accountability, and the need for reforms to ensure that law enforcement officials are held accountable for their actions.
    • Distrust among the public: Public often tend to lose belief among the constitutional process of justice.

    Why are such encounters popular among public?

    • Lack of trust in the legal system: Some people may view extrajudicial killings and encounters as a way of bypassing the legal system which they may view as corrupt or inefficient.
    • Perception of safety: There may be a belief among some members of the public that such encounters can help to deter criminals and make their communities safer.
    • Frustration with the slow pace of justice: The Indian legal system can be slow and protracted, and some people may view extrajudicial killings and encounters as a way to expedite the process of justice.
    • Lack of awareness about human rights: Some people may not be aware of the human rights implications of such encounters, or may view them as a necessary means to an end.

    Conclusion

    • It is important to note, however, that extrajudicial killings and encounters are illegal, undermine the rule of law, and violate human rights.
    • They also carry the risk of abuse, and can result in innocent people being targeted or killed.
    • Therefore, such practices cannot be justified or condoned in a democratic and law-abiding society.

    Back2Basics: National Human Rights Commission

    • NHRC is an independent statutory body established in India on 12 October 1993 under the Protection of Human Rights Act, 1993.
    • It is responsible for the protection and promotion of human rights, and prevention of their violations.
    • It is empowered to investigate complaints of human rights violations and recommend appropriate remedial measures.
    • It also monitors the human rights situation in the country, undertakes research and advocacy, and conducts various educational and awareness programs to promote human rights awareness and sensitivity among various sections of society.

     

  • India signs MoU with World Food Programme for sending wheat to Afghanistan

    India signed an MoU with the World Food Programme (WFP) to send 10,000 metric tonnes of wheat to Afghanistan.

    Reason: Utilizing WFP supply chain

    • The MoU signed between India and the World Food Programme (WFP) paves the way for sending 10,000 metric tonnes of wheat for the people of Afghanistan.
    • The WFP has a massive supply chain and logistics infrastructure in Afghanistan that could help in ensuring that the food supply reaches those who need it the most and no one is excluded.
    • The MoU also ensures that the assistance is coordinated and delivered in an effective and efficient manner, and that it reaches the most vulnerable sections of the Afghan population.

    What is World Food Programme (WFP)?

    • The WFP is a humanitarian organization that is part of the United Nations system.
    • It was established in 1961 and has its headquarters in Rome, Italy.
    • The WFP is the world’s largest humanitarian agency focused on combating hunger and promoting food security.

    Scope of Operations

    • The WFP operates in more than 80 countries, delivering food assistance to people in need.
    • WFP programs reach over 97 million people each year, including children, pregnant and nursing women, and people affected by emergencies, such as conflict or natural disasters.
    • It provides a range of food assistance, including in-kind food assistance, cash and voucher-based transfers, and specialized nutritious foods.

    Funding and Support

    • The WFP is funded entirely by voluntary contributions from governments, companies, and individuals.
    • The organization works closely with donors to ensure that funding is used effectively and efficiently, and to ensure that it is directed to the areas and programs where it is needed most.

    Governance and Structure

    • The WFP is governed by an Executive Board, which is composed of 36 member states that are elected to three-year terms.
    • The Executive Board provides oversight and strategic direction to the organization, and approves the WFP’s programs and budgets.
    • The WFP is headed by an Executive Director, who is appointed by the Secretary-General of the United Nations.
    • The organization has more than 17,000 staff worldwide, including professionals in fields such as logistics, nutrition, and food security.

    Impact and Achievements

    • Over the years, the WFP has made significant contributions to addressing hunger and promoting food security worldwide.
    • The organization has responded to numerous emergencies, providing food assistance to millions of people affected by conflict, natural disasters, and other crises.
    • The WFP has also supported programs that help people access the food they need to lead healthy, active lives, and that promote sustainable agriculture and development.
    • The WFP has been recognized for its efforts, receiving the Nobel Peace Prize in 2020 in recognition of its contributions to combatting hunger and promoting peace.

     

     

  • Women Cadres (Maoist): Structural Violence and Exploitation

    Women Cadre

    Central idea

    • The Communist Party of India (Maoist) claims to fight for gender equality, but the reality is that women cadres are subject to structural violence and exploitation.

    Women’s representation in the party

    • Negligible representation in the council: Despite constituting 35%-40% of the party, women’s representation in the Central Committee and the Dandakaranya Special Zonal Committee (DKSZC) is negligible
    • Members in the cadre: Only one-woman cadre is a Central Committee member out of more than 20 members, and only two women cadres are DKSZC members out of approximately 20 members

    Concerns over women’s health and nutrition

    • Health challenges: Women face additional health challenges in the jungle and receive inadequate nutrition and healthcare. Most women become anaemic due to the lack of proper nutrition.
    • Menstrual hygiene challenges: Women cadres do not receive menstrual leave and need to be alert all the time with a gun. Only one loin cloth is provided to two women cadres to be shared as a sanitary napkin for six months.
    • Fundamental necessities are not adequate: Women cadres are not allowed to liberally use water and are at the mercy of the unit commander who carries some medical necessities

    Conditions for marriage and reproduction

    • Marriage is not to enjoy family life: The party permits marriage only between willing partners to fight together, not to enjoy family life.
    • Forced vasectomy: Male cadres are forced to undergo vasectomy either before marriage or immediately after marriage.
    • Forced abortion: If a woman cadre gets pregnant, she has to undergo an abortion
    • Silent on divorce and polygamy: The party is silent on issues of divorce and polygamy

    Sexual exploitation and ill-treatment of women

    • Sexual exploitation and ill treatment: Sexual exploitation of women is not uncommon in the party, and instances of suicide by women cadres due to ill-treatment and suspicion are reported.
    • Nominal punishment: Disciplinary action is taken against cadres for moral turpitude, but the maximum punishment is only suspension for a year or demotion.

    Conclusion

    • Women who join the Communist Party of India (Maoist) in the hope of bringing about a revolution for the proletariat and the landless class are often subject to the same structural violence that they are supposed to fight. The party needs to ensure gender equality in reality, not just in its claims, and provide better conditions for women cadres.

    Mains Question

    Q. How do structural inequalities and power dynamics within political movements impact the fight for gender equality? Illustrate.

  • Online Dispute Resolution (ODR): Bus to Become An Arbitration Hub

    Online

    Central Idea

    • India can still become a leader in dispute resolution despite missing the opportunity to establish itself as an arbitration hub. The use of Online Dispute Resolution (ODR) can enable India to enhance its ease of doing business and become a more preferred destination for dispute resolution.

    India’s shortcomings in arbitration

    • India’s low rank in the ‘Enforcing Contracts’ category in the World Bank’s Ease of Doing Business report, which indicates the difficulties in enforcing contracts in India.
    • Although India has taken steps to improve its arbitration laws and regulations, it is not yet a preferred destination for arbitration.

    India’s strengths in technology

    • India’s has demonstrated its strengths in technology, especially in the field of ODR.
    • India has a unique advantage in this area due to the widespread adoption of online technology during the COVID-19 pandemic, which saw the judiciary lead the way in online hearings.

    What is Online Dispute Resolution (ODR)?

    • ODR is a method of resolving disputes through the use of digital technology and the internet, without the need for physical presence in a traditional courtroom setting.
    • It involves the use of various tools and platforms such as video conferencing, case management systems, digital signatures, and even advanced technologies such as blockchain, artificial intelligence, and machine learning to resolve disputes.
    • ODR offers many advantages over traditional methods of dispute resolution, such as reduced burden on courts, time and cost savings, and increased accessibility to dispute resolution services for parties located in different geographical locations.
    • ODR is becoming increasingly popular around the world, particularly in the wake of the COVID-19 pandemic which has made physical hearings and meetings difficult or impossible in many cases.

    Advantages of Online Dispute Resolution (ODR) in India

    • Convenience: ODR provides a convenient way for parties to resolve disputes without the need to physically travel to a court or other dispute resolution center. This can save time and money, especially in cases where parties are located in different parts of the country.
    • Efficiency: ODR can help to streamline the dispute resolution process by providing tools such as case management systems, automated case flows, and digital signatures and stamping. This can help to reduce the time and costs associated with traditional dispute resolution methods.
    • Accessibility: ODR can make dispute resolution more accessible to individuals and businesses, especially those who may not have the resources to pursue traditional legal remedies.
    • Expertise: ODR platforms can provide access to experts in specific fields, such as intellectual property, international trade, or e-commerce, which can be especially useful in resolving disputes that involve complex legal issues.
    • Confidentiality: ODR can provide a confidential environment for parties to resolve disputes, which can be especially important in cases where sensitive business information is involved.
    • Flexibility: ODR can be tailored to the specific needs of the parties and the dispute, providing a more flexible and adaptable approach to dispute resolution than traditional legal methods.

    Opportunities for ODR in India

    • ORD already in use: Private platforms in India are already resolving lakhs of disputes through ODR and that many corporates have migrated to ODR to resolve small-value disputes.
    • Look beyond the conventional tools: The ODR can be used for more than just audio/video conferencing and can encompass tools such as multi-channel communication, case management systems, automated case flows, digital signatures and stamping, and even advanced technologies such as blockchain, natural language processing, artificial intelligence, and machine learning.

    Measures to promote ODR

    Three key measures that can be taken to promote ODR in India are as follows:

    1. Incentivizing the use of ODR: Incentivizing the use of ODR through legislative measures such as setting ODR as a default dispute resolution tool for online transactions, fast-tracking enforcement of ODR outcomes, and exempting or reducing stamp duty and court fees.
    2. Solving infrastructure challenges: Solving infrastructural challenges and optimizing existing setups such as Aadhaar kendras to also function as ODR kiosks. Each court can have an ODR cell along with supplemental technical and administrative support.
    3. Proactive use of ODR by government: Government departments should explore ODR as a grievance redress mechanism. Proactive use of ODR by government entities will not only increase trust in the process but also ensure that citizens have access to a convenient and cost-effective means of resolving disputes with the government.

    Conclusion

    • The ODR has the potential to ensure justice for all, at everyone’s fingertips. While India may have missed the bus to become an arbitration hub, it can still catch up and overtake other countries in ODR.

    Mains Question

    Q. What is Online Dispute Resolution (ODR)? Discuss the advantages of ODR in India and suggest measures that can be taken to promote its use.

  • Role of Parliamentary Committees

    Central idea: This article discusses the importance and functions of parliamentary committees in India.

    Why in news?

    • As little as 25% of the Bills introduced were referred to committees in the 16th Lok Sabha, as compared to 71% and 60% in the 15th and 14th Lok Sabha respectively.
    • This represents a declining trend of national legislation being subjected to expert scrutiny.

    What is a Parliamentary Committee?

    • A committee appointed or elected by the House or nominated by the Speaker that works under the direction of the Speaker and presents its report to the House or the Speaker.
    • Two kinds of committees: Standing Committees and Ad hoc Committees.

    (1) Standing Committees

    • Permanent and regular committees constituted from time to time in pursuance of the provisions of an Act of Parliament or Rules of Procedure and Conduct of Business in Lok Sabha.
    • The work of these Committees is of continuous nature.
    • Examples include the Financial Committees and DRSCs.

    (2) Ad hoc Committees

    • Appointed for a specific purpose and cease to exist when they finish the task assigned to them and submit a report.
    • The principal Ad hoc Committees are the Select and Joint Committees on Bills.
    • Examples include the Railway Convention Committee and Joint Committee on Food Management in Parliament House Complex.

    Why need Parliamentary Committee?

    • Parliament scrutinizes legislative proposals (Bills) in two ways: discussion on the floor of the two Houses and referring the Bill to a parliamentary committee.
    • Since Parliament meets for 70 to 80 days in a year, there is not enough time to discuss every Bill in detail on the floor of the House.

    Role of the committee in the passage of a Bill

    • The debate in the house is mostly political and does not go into the technical details of a legislative proposal.
    • Referring a Bill to a parliamentary committee takes care of the legislative infirmity of debate on the floor of the House.
    • However, referring Bills to parliamentary committees is not mandatory.

    What is a Select Committee?

    • India’s Parliament has multiple types of committees.
    • Departmentally related Standing Committees focus on the working of different ministries.
    • Each committee has 31 MPs, 21 from Lok Sabha and 10 from Rajya Sabha.
    • The main purpose is to ensure the accountability of Government to Parliament through a more detailed consideration of measures in these committees.

    When does a committee examine a Bill?

    • Bills can reach a committee through a recommendation by the minister piloting the Bill or the presiding officer of the House.

    What happens when a Bill goes to a Committee?

    • The committee undertakes a detailed examination of the Bill, inviting comments and suggestions from experts, stakeholders and citizens.
    • The government also appears before the committee to present its viewpoint.
    • The committee’s report makes suggestions for strengthening the Bill.
    • While the committee is deliberating on a Bill, there is a pause in its legislative journey.
    • The Bill can only progress in Parliament after the committee has submitted its report.

    What happens after the report?

    • The report of the committee is of a recommendatory nature.
    • The government can choose to accept or reject its recommendations.
    • Select Committees and JPCs have an added advantage of including their version of the Bill in the report.
    • The minister in charge of that particular Bill can move for the committee’s version of the Bill to be discussed and passed in the House.

    Importance of these Committees

    • Parliamentary committees analyze the impact that a specific piece of legislation may have on governance indicators.
    • It recommends the government to take an ‘Action Taken’ report for the House to judge the progress made on the suggestions of the committee.
    • Though committee reports aren’t binding on the government, it helps the legislature ensure oversight of the executive.

     

  • UGC releases National Credit Framework (NCrF)

    The University Grants Commission (UGC) released the National Credit Framework (NCrF), which will allow students to earn educational credits at all levels, irrespective of the mode of learning i.e. offline, online, or blended.

    What is National Credit Framework (NCrF)?

    • The NCrF is a meta-framework that integrates the credits earned through school education, higher education, and vocational and skill education.
    • It consists of three verticals:
    1. National School Education Qualification Framework (NSEQF)
    2. National Higher Education Qualification Framework (NHEQF) and
    3. National Skills Qualification Framework (NSQF)
    • The NCrF provides a mechanism for the integration of general academic education and vocational and skill education, ensuring equivalence within and between these two education streams.
    • Institutions would be free to notify their detailed implementation guidelines with flexibility for catering to their academic requirements.

    Key features

    (1) Credit System

    • Under the NCrF, one credit corresponds to 30 notional learning hours in a year of two semesters.
    • A student is required to earn a minimum of 20 credits every semester.
    • A student can earn more than 40 credits in a year.
    • Maximum credits a student can earn during schooling period is 160.
    • A three-year bachelor’s degree course will result in a total of 120 credits earned.
    • A Ph.D. degree is at Level 8 and earns 320 credits upon completion.

    (2) Study of Vedas:  Students can obtain credits for their proficiency in diverse areas of the Indian knowledge system, including the Puranas, Vedas, and other related components.

    (3) Indian Knowledge System (IKS): UGC notified the final report, which includes the components of the IKS. The IKS comprises 18 theoretical disciplines called vidyas and 64 practical disciplines, including vocational areas and crafts. These disciplines were the foundation of the 18 sciences in ancient India, as per the report.

    (4) Educational Acceleration: The NCrF supports educational acceleration for students with gifted learning abilities. It provides scope for crediting national/international achievers in any field, including but not limited to sports, Indian knowledge system, music, heritage, traditional skills, performing & fine arts, master artisans, etc.

    (5) International Equivalence: The international equivalence and transfer of credits shall be enabled through various multilateral/bilateral agreements between respective regulators of the countries concerned. NCrF would lend credibility and authenticity to the credits being assigned and earned under various programs in India, making these credits more acceptable and transferable internationally.

     

     

  • International Aviation Safety Assessment (IASA) Program

    Central idea

    • The Federal Aviation Administration (FAA) of the US has retained the “Category 1” status for India’s aviation safety oversight following a review.
    • The FAA uses the International Aviation Safety Assessment (IASA) program to determine whether a country’s oversight of its airlines that operate or wish to operate to the US or enter into codeshare partnerships.

    What is the IASA Program?

    • The International Aviation Safety Assessment (IASA) program is conducted by the U.S. Federal Aviation Administration (FAA).
    • The program evaluates the safety oversight of civil aviation authorities in countries worldwide.
    • It determines whether a country’s oversight of its airlines that operate or wish to operate to the U.S. or enter into codeshare partnerships with U.S. carriers comply with safety standards established by the UN International Civil Aviation Organization (ICAO).
    • The IASA program focuses on three broad areas, including personnel licensing, operation of aircraft, and airworthiness of aircraft.
    • Countries are rated as Category 1 if they comply with international safety standards, or Category 2 if they do not comply with international safety standards.
    • The IASA program is conducted over a one-year period, which includes physical audits and a further review.

    India’s commitment to aviation safety

    • The assessment by the ICAO as well as the FAA is a testimony to India’s commitment of having an effective safety oversight for its civil aviation system.
    • In November 2021, the ICAO conducted an audit, and India scored an Effective Implementation (EI) of 85.65%, an improvement from the previous EI of 69.95%.

     

     

  • The 17th Lok Sabha: A Short-Lived Parliament with Low Productivity

    17th Lok Sabha

    Central Idea

    • The 17th Lok Sabha is set to complete its five-year term in 2024. However, with only 230 sitting days so far, it is unlikely to surpass the 331 days of the shortest full-term Lok Sabha since 1952. The latest session, the Budget session, was marked by minimal legislative activity and continuous disruptions, with only one item, the Motion of Thanks on the President’s Address, being discussed.

    Low Productivity of the 17th Lok Sabha

    • The Lok Sabha has functioned for only 33% of its scheduled time (46 hours) during the Budget session, with the Rajya Sabha working for 24% (32 hours).
    • The second part of the session was even more unproductive, with the Lok Sabha working for only 5% and the Rajya Sabha for 6% of their scheduled time.
    • The number of Bills introduced and passed has also declined significantly since the first session, with fewer than 10 Bills being introduced or passed in each of the last four sessions.
    • The latest Budget session was also one of the shortest since 1952, with the Lok Sabha spending only 18 hours on financial business, compared to an average of 55 hours in previous Budget sessions of the 17th Lok Sabha.
    Lok Sabha Term Total Sitting Days Bills Introduced Bills Passed Average Sitting Days per Year
    15th 2009-2014 357 244 181 71
    16th 2014-2019 331 247 156 66
    17th 2019-2024 Less than 331 (projected) 150 (as of April 2023) 131 (as of April 2023) 58 (projected)

    Lack of Debates and Discussions

    • Short-duration discussions: The Rules of Procedure of both Houses of Parliament provide for various devices that can be used to draw attention to matters of public importance and hold the government accountable. However, in the 17th Lok Sabha, only 11 short-duration discussions and one half-an-hour discussion have been held so far, and none were held during the latest session.
    • Question Hour: This is despite the fact that the latest session saw the least amount of time spent on questions in the current Lok Sabha. Question Hour functioned for only 19% of the scheduled time in the Lok Sabha and 9% of the scheduled time in the Rajya Sabha.

    Why the Lok Sabha’s productivity has been low?

    • Disruptions and Protests: The 17th Lok Sabha witnessed frequent disruptions and protests from opposition parties, leading to a significant loss of time and decreased productivity. Some of the major issues that led to disruptions include the Citizenship Amendment Act (CAA), National Register of Citizens (NRC), and farm laws.
    • Lack of Consensus: The ruling party enjoyed a clear majority in the Lok Sabha, but there was still a lack of consensus on many key issues, resulting in a delay in passing important bills and legislation.
    • COVID-19 Pandemic: The COVID-19 pandemic also contributed to the low productivity of the Lok Sabha as many sessions were delayed or cancelled due to safety concerns.
    • Speaker’s Decision: The decision of the Speaker of the Lok Sabha to disallow opposition MPs from raising certain issues also resulted in protests and disruptions, further reducing the productivity of the house.
    • Shorter Sessions: The 17th Lok Sabha had shorter sessions compared to previous Lok Sabhas, which also contributed to lower productivity. Many important bills and issues were left pending as there was not enough time to discuss and debate them thoroughly.

    Implications of low productivity of the Lok Sabha

    • Delay in passing important bills: When the Lok Sabha is unable to function effectively, it can lead to a delay in passing important bills, which may have an adverse impact on the economy and governance. For example, crucial bills related to taxation, infrastructure, and social welfare may get delayed, affecting the overall progress of the country.
    • Poor quality of legislation: When the Lok Sabha is unable to function effectively, it may lead to poor quality of legislation. There may be a lack of debate and discussion, leading to hasty decision-making and poor-quality laws that may have unintended consequences.
    • Damage to democratic institutions: When the Lok Sabha is unable to function effectively, it can damage the democratic institutions of the country. It can erode the trust of citizens in the democratic process and lead to a feeling of disenchantment and disengagement among the people.
    • Wastage of taxpayers’ money: When the Lok Sabha is unable to function effectively, it leads to wastage of taxpayers’ money. The salaries and allowances of Members of Parliament are paid from the public exchequer, and if they are not able to discharge their duties effectively, it amounts to a waste of taxpayers’ money.
    • Negative impact on investor confidence: When the Lok Sabha is unable to function effectively, it can have a negative impact on investor confidence. Investors may be hesitant to invest in the country, leading to a slowdown in economic growth and development.
    • Lack of accountability: When the Lok Sabha is unable to function effectively, it may lead to a lack of accountability. Members of Parliament may not be held accountable for their actions, and the executive may be able to push through decisions without proper scrutiny or oversight.

    17th Lok Sabha

    Conclusion

    • The 17th Lok Sabha has been marked by low productivity and a lack of debates and discussions, despite the availability of mechanisms to hold the government accountable. The upcoming year is unlikely to see a significant increase in the number of sitting days. This lack of productivity and accountability could undermine the role of Parliament in a democracy and the ability of the government to pass important legislation.

    Mains Question

    Q. What are the reasons for the low productivity of the 17th Lok Sabha? What are the implications of its low productivity, and how might it affect the country’s progress and democratic institutions?

  • China’s Renaming Exercise Undermines International Law

    Central Idea

    • China’s recent move to rename 11 places in Arunachal Pradesh and standardise those names on the basis of a map is an exercise of the Chinese perspective of international law, which goes against the international law widely adhered to by most members of the United Nations.

    Historical Basis of China’s Claims

    • China’s claims over disputed territories, such as the South China Sea, are often based on historical records, maps, and cultural relics.
    • China argues that these territories had been its territory since the Song Dynasty and, therefore, should be considered part of its sovereign territory. However, this approach is not recognized under international law and undermines the basis of the international legal system.

    Chinese perspective of international law

    • Jurisdiction rights: The Chinese perspective of international law is based on its strong stress on the principle of sovereignty. According to this view, sovereign states have an inalienable right to exercise jurisdiction over their territories and their people without interference from other states.
    • Historic rights: China combines its vision of sovereignty with the historic right to exercise jurisdiction over those territories or maritime areas as well, which were once ruled by a Chinese dynasty in the mediaeval or ancient era.
    • Undermines international legal system: The historic right approach makes China undermine the basis of the international legal system grounded in the sovereign equality of states and the general rules of international law.

    Contravention of international courts and tribunals

    • Contravenes the decisions of international courts and tribunals: China’s attempt to rename 11 disputed locations on historical and administrative bases contravenes the decisions of international courts and tribunals.
    • No convincing proofs: The International Court of Justice (ICJ) considers direct evidence of possession and the actual exercise of sovereignty as more convincing proof of title to a territory than indirect presumption from events in history.
    • Against the principle of uti possidetis juris: China’s renaming exercise goes against the principle of uti possidetis juris, which is the principle that the boundaries of newly independent states should follow those of the previous colonies.
    • Help of cartographic materials: China tries to buttress its territorial and maritime claims with the support of maps, but cartographic materials do not have any legal value by themselves. They constitute extrinsic evidence of varying reliability that might, depending on the circumstances, be used together with other evidence to establish a fact.

    What is the principle of uti possidetis juris?

    • The principle of uti possidetis juris is a Latin phrase that means as you possess under law.
    • It is a principle of international law that was developed in the context of decolonization. The principle holds that newly independent states should inherit the territorial boundaries that existed at the time of their independence.
    • The idea is that the territorial integrity of a new state should be protected and that the boundaries of the state should not be subject to change without the consent of the state.
    • The principle of uti possidetis juris is meant to prevent disputes over territorial boundaries that could lead to instability or conflict.

    Implications of China’s actions

    • China’s actions in Arunachal Pradesh undermine the international legal system based on the sovereign equality of states and the general rules of international law.
    • China’s historic right approach to sovereignty over territories and maritime areas is a cause for concern for other countries with territorial disputes with China.
    • China’s use of maps to support its territorial and maritime claims is not a legally valid argument and undermines the legal basis for resolving territorial disputes.

    Conclusion

    • China’s attempt to rename disputed territories in Arunachal Pradesh goes against established principles of international law and undermines the sovereign equality of states. The use of historical claims and maps to support territorial and maritime claims is not recognized in international law. This renaming exercise is likely to further strain India-China relations and impact regional stability. It is essential to uphold the principles of international law to ensure the independence and stability of new states and prevent challenges to territorial boundaries.

    Mains Question

    Q. What is the principle of uti possidetis juris? How does China’s attempt to rename territories in Arunachal Pradesh contravene the decisions of international courts and tribunals?

  • Data Protection Bill in Monsoon Session

     

    data

     

    The Union government informed the Supreme Court that a new law, namely the Digital Personal Data Protection Bill, 2022, to enforce individual privacy in online space was “ready”.

    Legislation on ‘Data’: A Backgrounder

    • The personal data protection bill has been in the works for about five years.
    • The first draft of the Bill was presented by an expert panel headed by Justice B.N. Srikrishna in July 2018, after a year-long consultation process.

    Timeline of key events

    data

     

     

    • July 2018: After a year of consultations and deliberations, the PDP Bill, 2018, drafted by an expert committee headed by Justice BN Srikrishna, is presented to MeitY. Subsequently, MeitY begins drafting the next iteration of the Bill.
    • December 2019: The PDP Bill, 2019, prepared by MeitY, is referred to a Joint Parliamentary Committee (JPC) for review.
    • December 2021: After multiple extensions, and a leadership change, JPC Chairperson tabled the report of the JPC on the PDP Bill, 2019, as well as the draft Data Protection Bill 2021, in the parliament.
    • August 2022: On August 3 this year, MeitY withdrew the 2021 Bill, stating that a more “comprehensive legal framework” will be presented soon.

    DPDP Bill, 2022 is based on seven principles

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

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

    Key features of the bill

    (1) Data Principal and Data Fiduciary

    • The bill uses the term “Data Principal” to denote the individual whose data is being collected.
    • The term “Data Fiduciary” the entity (can be an individual, company, firm, state etc.), which decides the “purpose and means of the processing of an individual’s personal data.”
    • The law also makes a recognition that in the case of children –defined as all users under the age of 18— their parents or lawful guardians will be considered their ‘Data Principals.’

    (2) Defining personal data and its processing

    • Under the law, personal data is “any data by which or in relation to which an individual can be identified.”
    • Processing means “the entire cycle of operations that can be carried out in respect of personal data.”
    • So right from collection to storage of data would come under processing of data as per the bill.

    (3) Individual’s informed consent

    • The bill also makes it clear that individual needs to give consent before their data is processed.
    • Every individual should know what items of personal data a Data Fiduciary wants to collect and the purpose of such collection and further processing.
    • Individuals also have the right to withdraw consent from a Data Fiduciary.
    • The bill also gives consumers the right to file a complaint against a ‘Data Fiduciary’ with the Data Protection Board in case they do not get a satisfactory response from the company.

    (4) Language of information

    • The bill also ensures that individuals should be able to “access basic information” in languages specified in the eighth schedule of the Indian Constitution.
    • Further, the notice of data collection needs to be in clear and easy-to-understand language.

    (5) Significant Data Fiduciaries

    • The bill also talks of ‘Significant Data Fiduciaries, who deal with a high volume of personal data.
    • The Central government will define who is designated under this category based on a number of factors ranging from the volume of personal data processed to the risk of harm to the potential impact on the sovereignty and integrity of India.

    (6) Data protection officer & Data auditor

    • Such entities will have to appoint a ‘Data protection officer’ who will represent them.
    • They will be the point of contact for grievance redressal.
    • They will also have to appoint an independent Data auditor who shall evaluate their compliance with the act.

    (7) Right to erase data, right to nominate

    • Data principals will have the right to demand the erasure and correction of data collected by the data fiduciary.
    • They will also have the right to nominate an individual who will exercise these rights in the event of death or incapacity of the data principal.

    (8) Cross-border data transfer

    • The bill also allows for cross-border storage and transfer of data to “certain notified countries and territories.”
    • However an assessment of relevant factors by the Central Government would precede such a notification.

    (9) Financial penalties

    • The draft also proposes to impose significant penalties on businesses that undergo data breaches or fail to notify users when breaches happen.
    • Entities that fail to take “reasonable security safeguards” to prevent personal data breaches will be fined as high as Rs 250 crore.
    • As per the draft, the Data Protection Board — a new regulatory body to be set up by the government — can impose a penalty of up to ₹500 crore if non-compliance by a person is found to be significant.

    What distinguishes this bill from its earlier versions?

    • Gender neutrality:  Significantly, and for the first time in the country’s legislative history, the terms ‘her’ and ‘she’ have been used irrespective of an individual’s gender. This, as per the draft, is in line with the government’s philosophy of empowering women.
    • Imbibes best global practices: To prepare it, best global practices were considered, including review of data protection legislations of Australia, European Union (EU), Singapore, and a prospective one of the USA.
    • Comprehensiveness: The draft has outlined six ‘Chapters’ and a total of twenty-five points. The ‘Chapters’ are: ‘Preliminary,’ ‘Obligations of Data Fiduciary,’ ‘Rights and Duties of Data Principal,’ ‘Special Provisions,’ ‘Compliance Framework,’ and ‘Miscellaneous.’
    • Special emphasis for child protection: If personal data is likely to cause harm to a child, its processing will not be allowed.

    Hits of the bills

    • Widening the scope of data: Narrowing the scope of the data protection regime to personal data protection is a welcome move, as it resonates with the concerns of various stakeholders.
    • Harnessing economic potential: Now non-personal data could be used to unlock social and economic value to benefit citizens, businesses, and communities in India with appropriate safeguards in place.
    • Doing away with aggressive push for Data localisation:  Relaxing data localisation provisions to notify countries to which data can flow, could aid India in unlocking the comparative advantage of accessing innovative technological solutions from across the globe, which in turn helps domestic companies.
    • Free flow of data: In addition, the free flow of data will help startups access cost-effective technology and storage solutions, as our research shows.
    • Allowing data transfers: This will also ensure that India is not isolated from the global value chain, helping businesses stay resilient in production and supply chain management and fostering overseas collaboration.

    Some criticisms of the bill

    • Wordplay: There had been use of open-ended language such as “as necessary” or “as may be prescribed”.
    • Govt monopoly: The Bill did not seem to work towards protecting people, but ensures that the government retains all power without any checks or balances.
    • Exemption provisions: The government has been given the power to exempt not only government agencies but any entity that is collecting user data, from having to comply with the provisions of this bill when it is signed into law.
    • No protection against data breach: The Executive in India has a track record of exploiting to expand its powers. There is no right for compensation to individuals in case of a data breach. They have no right to data portability.

    Conclusion

    • Crafting such crucial legislation is no mean task. It may require some more trial and error to succeed.
    • Definitely, it will involve some time and deliberation to arrive at a comprehensive legal framework.