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GS Paper: GS2

  • Corporate Social Responsibility(CSR) & Social Justice

    SocialContext

    • Since the establishment of the Corporate Social Responsibility (CSR) regime in India under Section 135 of the Companies Act 2013, CSR spending in India has risen from RS.10,065 crore in 2014-15to Rs.24,865crore in 2020-21.But there is no data to verify whether this increase is commensurate with the increase in profits of Indian and foreign (having a registered arm in India) companies.

    What is Corporate Social Responsibility (CSR)?

    • Voluntary spending: Corporate social responsibility (CSR) is a form of international private business self-regulation which aims to contribute to societal goals of a philanthropic, activist, or charitable nature by engaging in or supporting volunteering or ethically oriented practices.
    • Ministry Corporate Affairs: The National Corporate Social Responsibility Data Portal is an initiative by Ministry of Corporate Affairs, Government of India to establish a platform to disseminate Corporate Social Responsibility related data and information filed by the companies registered with it.
    • Companies Act, 2013: The Corporate Social Responsibility concept in India is governed by Section 135 of the Companies Act, 2013 (‘Act’), Schedule VII of the Act and Companies (CSR Policy) Rules, 2014 wherein the criteria has been provided for assessing the CSR eligibility of a company, Implementation and Reporting of their CSR Policies.

    Social

    How CSR helps in achieving social justice?

    • Sustainable Goals: India having the most elaborated CSR mechanism and implementation strategy has started its journey to set a benchmark in attaining sustainability goals and stakeholder activism in nation building.
    • Corporate philanthropy: company donations to charity, including cash, goods, and services, sometimes via a corporate foundation.
    • Community volunteering: company-organized volunteer activities, sometimes while an employee receives pay for pro-bono work on behalf of a non-profit organization
    • Socially-responsible business practices: ethically produced products that appeal to a customer segment.
    • Corporate social marketing: Company-funded behaviour-change campaigns, Company-funded advocacy campaigns, donations to charity based on product sales.

    Why there is need to review the CSR?

    • Declining number: There was also a decline in the number of companies participating in CSR 25,103 in FY2019 to 17,007 in FY2021.
    • Flaw in the law: If a company spends an amount in excess of the minimum 2%, as stipulated, the excess amount is liable to be set off against spending in the succeeding three financial years. Ideally, companies should have been shown courage to spend more than this.
    • Own trusts: many private companies have registered their own foundations/trusts to which they transfer the statutory CSR budgets for utilisation. It is unclear if this is allowed under the Companies Act/CSR rules.
    • Geographical bias: The first proviso to Section 135(5) of the Act is that the company should give preference to local areas/areas around it where it operates. This is logical. However, a report by Ashoka University’s Centre for Social Impact and Philanthropy says that 54% of CSR companies are concentrated in Maharashtra, Tamil Nadu, Karnataka, and Gujarat(receiving the largest CSR spends) while populous Uttar Pradesh and Madhya Pradesh receive little.
    • Spending on environment: Item (iv) of Schedule VII of the Act deals with broader environmental issues to create a countervailing effect. However, an analysis of CSR spending (2014-18)reveals that while most CSR spending is in education (37%) and health and sanitation (29%), only 9% was spent on the environment even as extractive industries such as mining function in an environmentally detrimental manner in several States
    • Incomplete information: The Standing Committee on Finance had observed that the information regarding CSR spending by companies is insufficient and difficult to access. As per the ‘Technical Guide on Accounting’ issued by the Institute of Chartered Accountants of India, a company is only required to mention its CSR spends, non-spend, under-spend, and overspend in the ‘Notes to Accounts’.

    SocialWhat are the suggestions to improve the mechanism of CSR?

    • Centralized platform: There is a need to curate a national level platform centralised by the MCA where all States could list their potential CSR admissible projects so that companies can assess where their CSR funds would be most impactful across India with, of course, preferential treatment to areas where they operate.
    • India Investment Grid: Invest India’s ‘Corporate Social Responsibility Projects Repository’ on the India Investment Grid (IIG) can serve as a guide for such efforts. This model would be very useful for supporting deserving projects in the 112aspirational districts and projects identified by MPs under the Government’s Sansad AdarshGram Yojana.
    • Increase environment spending: Companies need to prioritise environment restoration in the area where they operate, earmarking at least 25% for environment regeneration.
    • Public participation: All CSR projects should be selected and implemented with the active involvement of communities, district administration and public representatives.
    • Transparency: Recommendations by the high-level committee in 2018 should be incorporated in the current CSR framework to improve the existing monitoring and evaluation regime. These include strengthening the reporting mechanisms with enhanced disclosures concerning selection of projects, locations, implementing agencies, etc.; bringing CSR within the purview of statutory financial audit with details of CSR expenditure included in the financial statement of a company, and mandatory independent third party impact assessment audits.
    • Monitoring by government: The MCA and the line departments need to exercise greater direct monitoring and supervision over CSR spend by companies through the line ministries (for public sector undertakings) and other industry associations(for non-public units) instead of merely hosting all information on the Ministry’s website.

    SocialConclusion

    • Corporate social responsibility is an effective tool to address the social and income inequality. Present legal arrangements are toothless and based on voluntary actions. For an effective change CSR spending should be made more transparent and accountable.

    Mains Question.

    Q.Present arrangement of CSR is not yielding the desired result. Enlist the current weakness in CSR spending Suggest the changes needed for efficient implantation of CSR.

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  • Human Rights Council rejects debate on Xinjiang Abuses

    xinjiang

    The UN Human Rights Council has voted against holding a debate on alleged abuses in China’s Xinjiang region after intense lobbying by Beijing, in a major setback for Western nations.

    What is the news?

    • India and 10 other nations abstained.

    Who are the Uighurs?

    xinjiang

    • There are about 12 million Uighurs, mostly Muslim, living in north-western China in the region of Xinjiang, officially known as the Xinjiang Uyghur Autonomous Region (XUAR).
    • The Uighurs speak their own language, similar to Turkish, and see themselves as culturally and ethnically close to Central Asian nations.
    • They make up less than half of the Xinjiang population.
    • In recent decades, there’s been a mass migration of Han Chinese (China’s ethnic majority) to Xinjiang, and the Uighurs feel their culture and livelihoods are under threat.
    • In the early 20th Century, the Uighurs briefly declared independence, but the region was brought under complete control of mainland China’s new Communist government in 1949.

    Where is Xinjiang?

    • Xinjiang lies in the north-west of China and is the country’s biggest region.
    • Like Tibet, it is autonomous, meaning – in theory – it has some powers of self-governance. But in practice, both face major restrictions by the central government.
    • It is a mostly desert region, producing about a fifth of the world’s cotton.
    • It is also rich in oil and natural gas and because of its proximity to Central Asia and Europe is seen by Beijing as an important trade link.

    What was the build-up to the Uighur crackdown?

    • Anti-Han and separatist sentiment rose in Xinjiang from the 1990s, flaring into violence on occasion.
    • In 2009 some 200 people died in clashes in Xinjiang, which the Chinese blamed on Uighurs who want their own state.
    • Xinjiang is now covered by a pervasive network of surveillance, including police, checkpoints, and cameras that scan everything from number plates to individual faces.
    • According to Human Rights Watch, police are also using a mobile app to monitor peoples’ behaviour, such as how much electricity they are using and how often they use their front door.
    • Since 2017 when President Xi Jinping issued an order saying all religions in China should be Chinese in orientation, there have been further crackdowns.

    Chinese narrative

    • China says the crackdown is necessary to prevent terrorism and root out Islamist extremism and the camps are an effective tool for re-educating inmates in its fight against terrorism.
    • It insists that Uighur militants are waging a violent campaign for an independent state by plotting bombings, sabotage and civic unrest.
    • China has dismissed claims it is trying to reduce the Uighur population through mass sterilizations as “baseless”, and says allegations of forced labor are “completely fabricated”.

    Why did India abstain from voting against China?

    • India has traditionally voted against or abstained from such country-specific resolutions at the UNHRC.
    • It is understood that China’s presence within the UNHRC was a factor in the decision since any backing for the Xinjiang issue could have led to similar moves by China on other issues in India.
    • This is particularly in the context of the Kashmir issue.

    Try this PYQ:

    Q.Very recently, in which of the following countries have lakhs of people either suffered from severe famine/acute malnutrition or died due to starvation caused by war/ethnic conflicts?
    (a) Angola and Zambia
    (b) Morocco and Tunisia
    (c) Venezuela and Colombia
    (d) Yemen and South Sudan

     

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  • Governor: 1st essential part of State Legislature

    GovernorContext

    • In Tamil Nadu, the Governor forwarded the Bill for exemptio from the National Eligibility cum Entrance Test (NEET) to the President after considerable delay.
    • In Kerala the situation has become a bit curious with the Governor publicly announcing that he would not give assent to the Lokayukta Amendment Bill and the Kerala University Amendment Bill. Such actions by Governors throw the legislative programmes of governments out of gear because of the uncertainty surrounding the assent.

    What is Role of Governor in Legislature?

    • Integral part: A Bill passed by the State Assembly becomes law only after it is assented to by the Governor.The Governor being a part of the State legislature, the process of law making is complete only when he signs it, signifying his assent.
    • Established practice: In all democratic countries, similar provision exists in their constitutions.

    Governor What is the Power of Governor Vis-e-vis legislature?

    • What Article 200 says: The Constitution provides certain options for the Governor to exercise when a Bill reaches him from the Assembly.
    • There are four possible scenarios:
    1. Assent: He may give assent.
    2. Reconsider: He can send it back to the Assembly requesting it to reconsider some provisions of the Bill, or the Bill itself. In this case, if the Assembly passes the Bill without making any change and sends it back to the Governor, he will have to give assent to it.
    3. Reserve: The third option is to reserve the Bill for the consideration of the President.
    4. Withhold: The fourth option, of course, is to withhold the assent.

    What are the Legislative practice in other democracies ?

    • UK: The royal assent is necessary for a Bill to be passed by Parliament to become law and the crown has the power to withhold assent. But it is a dead letter.
    • No power of veto: By practice and usage there is no power of veto exercised by the crown in England now. Moreover, refusal of royal assent on the ground that the monarchy strongly disapproves of the Bill or that the Bill is very controversial is treated as unconstitutional.
    • USA: In the United States, the President is empowered by the Constitution to refuse assent and return a Bill to the House but if the Houses again pass it with two thirds of each House the Bill becomes law.

    GovernorWhy there is an ambiguity over the role of governors in India?

    • Role of the governor: The question of whether a Governor is permitted by the Constitution to cause uncertainty in the matter of giving assent to the Bills passed by State legislatures assumes great importance.
    • Presidential Assent: The provision concerned makes it clear that a Bill can be reserved for the consideration of the President only if the Governor forms an opinion that the Bill would endanger the position of the High Court by whittling away its powers. The Constitution does not mention any other type of Bill which is required to be reserved for the consideration of the President. Nevertheless, the courts have conceded a certain discretion to the Governors in the matter of sending Bills to the President.
    • Constitution is silent: the Constitution does not mention the grounds on which a Governor may withhold assent to a Bill.
    • No remedy: The Indian Constitution, however, does not provide any such remedy as that of USA or UK . The courts too have more or less accepted the position that if the Governor withholds assent, the Bill will go. Thus, the whole legislative exercise will become fruitless. It does not square with the best practices in old and mature democracies.

    What is the Court mandated legislative practice?

    • According to Article 361: The Constitution prohibits the court from initiating proceedings against a Governor or the President for any act done in exercise of their powers. They enjoy complete immunity from court proceedings. It is in fact a unique situation where a government is placed in a situation of having to challenge a Governor’s action of withholding assent to a Bill.
    • Reasons: Governor while declaring that he withholds assent will have to disclose the reason for such refusal.
    • No Arbitrary actions: Being a high constitutional authority, the Governor cannot act in an arbitrary manner
    • Unconstitutional: If the grounds for refusal disclose mala fide or extraneous considerations or ultravires, the Governor’s action of refusal could be struck down as unconstitutional.
    • Rameshwar Prasad and Others. vs Union of India case: The Court held: “the immunity granted by Article 361(1) does not, however, take away the power of the Court to examine the validity of the action including on the ground of malafides”.
    • Pocket veto: since the Constitution does not fix any timeline for the Governor to decide the question of assent, he can wait for any length of time without doing anything. This is illogical and militates against the constitutional scheme in respect of law making by the legislatures.

    GovernorConclusion

    • The legislature reflects the will of the people and is the constitutionally designated body to make laws. If the Governor who does not reflect in any way the aspirations of the people of the State refuses assent, and thereby defeats the legislative programme of the elected government, it would be against the spirit of the Constitution.

    Mains Question

    Q.Governor is the connecting link between state and central executive. Discuss the duties of Governor with respect to state legislature? Why Governor tilt more towards centre than state?

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  • Parliamentary Committees, their leaders, and their role in law-making

    A recent revamp of the Standing Committees of Parliament could potentially worsen the relations between the government and opposition parties.

    Why in news?

    • Of the 22 committees announced, the erstwhile ruling party has the post of chairperson in only one, and the opposition party from West Bengal has none.
    • The ruling party has the chairmanship of the important committees on Home, Finance, IT, Defence and External Affairs.

    What are Committees of Parliament?

    • A Parliamentary Committee is a panel of MPs that is appointed or elected by the House or nominated by the Speaker, and which works under the direction of the Speaker.
    • It presents its report to the House or to the Speaker.
    • Parliamentary Committees have their origins in the British Parliament.
    • They draw their authority from Article 105, which deals with the privileges of MPs, and Article 118, which gives Parliament authority to make rules to regulate its procedure and conduct of business.

    What do they do?

    • Legislative business begins when a Bill is introduced in either House of Parliament.
    • But the process of lawmaking is often complex, and Parliament has limited time for detailed discussions.
    • Also, the political polarisation and shrinking middle ground has been leading to inconclusive debates in Parliament.
    • As a result of this, a great deal of legislative business ends up taking place in the Parliamentary Committees instead.
    • The aim is to increase Parliamentary scrutiny, and to give members more time and a wider role in examining important legislation.

    What are the various Committees of Parliament?

    • Broadly, Parliamentary Committees can be classified into Financial Committees, Departmentally Related Standing Committees, Other Parliamentary Standing Committees, and Ad hoc Committees.
    • The Financial Committees include the Estimates Committee, Public Accounts Committee, and the Committee on Public Undertakings.
    • These committees were constituted in 1950.
    • Seventeen Departmentally Related Standing Committees came into being in 1993, when Shivraj Patil was Speaker of Lok Sabha.
    • They aimed to examine budgetary proposals and crucial government policies.

    Composition of these committees

    • The number of Committees was subsequently increased to 24.
    • Each of these Committees has 31 members — 21 from Lok Sabha and 10 from Rajya Sabha.
    • Ad hoc Committees are appointed for a specific purpose.

    How are the Committees constituted?

    • There are 16 Departmentally Related Standing Committees for Lok Sabha and eight for Rajya Sabha; however, every Committee has members from both Houses.
    • Lok Sabha and Rajya Sabha panels are headed by members of these respective Houses.
    • Among the important Lok Sabha panels are: Agriculture; Coal; Defence; External Affairs; Finance; Communications & Information Technology; Labour; Petroleum & Natural Gas; and Railways.
    • The important Rajya Sabha panels include Commerce; Education; Health & Family Welfare; Home Affairs; and Environment.
    • There are other Standing Committees for each House, such as the Business Advisory Committee and the Privileges Committee.
    • The Presiding Officer of each House nominates members to these panels. A Minister is not eligible for election or nomination to Financial Committees, and certain Departmentally Related Committees.

    Appointing of chairmen

    • The appointment of heads of the Committees is also done in a similar way. By convention, the main Opposition party gets the post of PAC chairman; it is currently with the Congress.
    • Chairmanship of some key committees has been allocated to opposition parties in the past. However, this pattern has changed in the latest rejig.
    • The heads of the panels schedule their meetings.
    • They play a clear role in preparing the agenda and the annual report, and can take decisions in the interest of the efficient management of the Committee.
    • The chairperson presides over the meetings and can decide who should be summoned before the panel.

    How do they work?

    • Bills that are referred to Committees often return to the House with significant value-addition.
    • The Committees look into the demands for grants of Ministries/departments, examine Bills pertaining to them, consider their annual reports, and look into their long-term plans and report to Parliament.

    What are Ad hoc Committees?

    • Ad hoc Committees cease to exist after they have completed the task assigned to them, and have submitted a report to the House.
    • The principal Ad hoc Committees are the Select and Joint Committees on Bills.
    • Committees like the Railway Convention Committee, Committee on Food Management and Security in Parliament House Complex, etc. also come under the category of Ad hoc Committees.

    What about Joint Parliamentary Committee (JPC)?

    • Parliament can also constitute a JPC with a special purpose, with members from both Houses, for detailed scrutiny of a subject or Bill.
    • Also, either of the two Houses can set up a Select Committee with members from that House.
    • JPCs and Select Committees are usually chaired by ruling party MPs, and are disbanded after they have submitted their report.

    Why need all these committees?

    • The time to speak on a Bill is allocated according to the size of the party in the House.
    • MPs often do not get adequate time to put forward their views in Parliament, even if they are experts on the subject.
    • Committees are small groups with relatively less demands on their time; in these meetings, every MP gets a chance and the time to contribute to the discussion.
    • Parliament has only around 100 sittings a year; Committee meetings are independent of Parliament’s calendar.

    How do discussions/ debates here differ from those in Parliament?

    • The discussions are confidential and off-camera.
    • Political Party affiliations usually do not come in the way of MPs speaking their minds in ways they are unable to do in Parliament.
    • The Committees work closely with multiple Ministries, and facilitate inter-ministerial coordination.

    How important are the recommendations of the Committees?

    • Reports of Departmentally Related Standing Committees are recommendatory in nature.
    • However, suggestions by the Select Committees and JPCs — which have a majority of MPs and heads from the ruling party — are accepted more frequently.
    • They are not binding on the government, but they do carry significant weight.
    • In the past, governments have accepted suggestions given by the Committees and incorporated them into the Bills.

    Significance of Parliamentary committees

    • Many MPs concede that “real discussions” happen inside the Committees.
    • The former US President Woodrow Wilson had observed that “Congress in session is Congress on public exhibition, whilst Congress in its committee rooms is Congress at work”.

    Try this PYQ:

    Q.With reference to the Parliament of India which of the following Parliamentary Committees scrutinizes and reports to the House whether the powers to make regulations, rules, sub rules, bylaws, etc. conferred by the Constitution or delegated by the Parliament are being properly exercised by the Executive within the scope of such delegation?

     

    (a) Committee on Government Assurances

    (b) Committee on Subordinate Legislation

    (c) Rules Committee

    (d) Business Advisory Committee

     

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  • In news: Criterion for SC status

    The Supreme Court has sought the most recent position of the Union government on a batch of petitions challenging the Constitution (Scheduled Castes) Order of 1950, which allows only members of Hindu, Sikh and Buddhist religions to be recognised as SCs.

    The Constitution Order of 1950

    • When enacted, the Constitution (Scheduled Castes) Order of 1950, initially provided for recognising only Hindus as SCs.
    • It was then aimed to address the social disability arising out of the practice of untouchability.
    • The Order was amended in 1956 to include Dalits who had converted to Sikhism and once more in 1990 to include Dalits who had converted to Buddhism.
    • Both amendments were aided by the reports of the Kaka Kalelkar Commission in 1955 and the High Powered Panel (HPP) on Minorities, SCs and STs in 1983 respectively.

    What about Christians?

    • The Union government in 2019 rejected the possibility of including Dalit Christians as members of SCs.
    • This decision was rooted on the exclusion on an Imperial Order of 1936 of the then colonial government, which had first classified a list of the Depressed Classes and specifically excluded “Indian Christians” from it.

    Why are Dalit Christians excluded?

    • SC status is meant for communities suffering from social disabilities arising out of the practice of untouchability that was prevalent in Hindu and Sikh communities.
    • SC status for everyone would significantly swell the population of SCs across the country thus trivializing the purpose itself.

    Why neo-Buddhists are included in SC quota?

    • The amendment to include Buddhist converts as SCs was passed in 1990.
    • Like Dalit Buddhists, Dalits who converted to Islam or Christianity belonged to different sets of caste groups and not just one.
    • As a result of this, they cannot be categorised as a “single ethnic group”, which is required by Clause (2) of Article 341 for inclusion.

    Major concerns of including other religions

    • Sanction of untouchability: The practice of “untouchability” was a feature of Hindu religion and its branches. This would imply that India was trying to “impose its caste system” upon Christians and Muslims.
    • Undue internationalization: Allowing the inclusion of Dalit Muslims and Dalit Christians as SCs could result in being misunderstood internationally.
    • Reviving casteism: Christians and Muslims of Dalit origin had lost their caste identity by way of their conversion and that in their new religious community, the practice of untouchability is not prevalent.

    Is there a case for inclusion?

    • The petitions arguing for inclusion have cited several independent Commission reports that have documented the existence of caste and caste inequalities among Indian Christians and Indian Muslims.
    • Even after conversion, members who were originally from SCs continued to experience the same social disabilities.
    • This was substantiated in the First Backward Classes Commission’s report in 1953, the HPP report on SCs, STs, and Minorities in 1983, the Mandal Commission Report, etc.
    • However, these reports do not have enough empirical evidence to support their claims.

    Why is the issue debated?

    • Non-deserving beneficiaries: The proposition that caste identity is lost upon conversion, noting that even in Sikhism and Buddhism, casteism is not present and yet they have been included as SCs.
    • Continued discrimination: The above-mentioned reports argue that caste-based discrimination continues even after conversion, hence entitling these communities to SC status.

     

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  • What is OPEC+?

    Oil prices rose about 1%, as OPEC+ members agreed to its deepest cuts to output since the 2020 COVID pandemic, despite a tight market and opposition to cuts from the United States and others.

    What is OPEC+?

    • The non-OPEC countries which export crude oil along with the 14 OPECs are termed as OPEC plus countries.
    • OPEC plus countries include Azerbaijan, Bahrain, Brunei, Kazakhstan, Malaysia, Mexico, Oman, Russia, South Sudan, and Sudan.
    • Saudi and Russia, both have been at the heart of a three-year alliance of oil producers known as OPEC Plus — which now includes 11 OPEC members and 10 non-OPEC nations — that aims to shore up oil prices with production cuts.

    Why is OPEC+ slashing production?

    • Oil prices skyrocketed after Russia’s invasion of Ukraine.
    • The cut made recently is the biggest of its kind since 2020 when OPEC+ members slashed outputs by 10 million bpd during the Covid-19 pandemic.
    • The reductions would boost prices and be extremely beneficial for the Middle Eastern member states, to whom Europe has turned for oil after levelling sanctions against Russia since it invaded Ukraine.
    • OPEC+ members are concerned that a faltering global economy would reduce the demand for oil, and the cuts are seen as a way to protect profits.

    Concerns for India

    • Even after importing cheap Russian oil, India has not seen any cut in fuel prices.
    • Rising oil prices are posing fiscal challenges for India, where heavily-taxed retail fuel prices have touched record highs, threatening the demand-driven recovery.
    • India imports about 84% of its oil and relies on West Asian supplies to meet over three-fifths of its demand.
    • As one of the largest crude-consuming countries, India is concerned that such actions by producing countries have the potential to undermine consumption-led recovery.
    • This would hurt consumers, especially in our price-sensitive market.

     

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  • Is Draft Telecommunications Bill, 2022 Flawless?

    Draft Telecommunications Bill, 2022Context

    • Keeping an eye on the telecommunication regulatory framework Supreme Court issued substantive legal reform on surveillance laws in India. Union government has published the Draft Telecommunications Bill, 2022 to replace the Telegraph Act, 1885.

    Background

    • Over two decades ago, allegations of surveillance against politicians led to a CBI inquiry and report against V P Singh’s government. The allegations revealed that imaginary reasons were given for ordering phone tapping without authorization.
    • Last years, many publications reported that phones of several dozen Indian journalists, lawyers and human rights activists had been compromised using an invasive Israeli-developed malware called Pegasus.

    Draft Telecommunications Bill, 2022What is Draft Telecommunications Bill, 2022?

    • The draft Indian Telecommunication Bill, 2022 is an attempt by the Department of Telecommunications (DoT) to consolidate various legislations presently governing the telecommunication landscape in India.
    • The Bill seeks to replace three laws, the Indian Telegraph Act, 1885, the Indian Wireless Telegraphy Act, 1933 and the Telegraph Wires (Unlawful Possession) Act, 1950.
    • The new regulatory framework is to bring the law at par with technological advancements and remove obsolete provisions from the colonial era laws.

    What are the current laws governing communication surveillance in India?

    Communication surveillance in India takes place primarily under two laws:

    • Telegraph Act, 1885: It deals with interception of calls.
    • Call interception:Under Section 5(2) of this law, the government can intercept calls only in certain situations.
    • For sovereignty:They include the interests of the sovereignty and integrity of India, the security of the state, friendly relations with foreign states or public order, or for preventing incitement to the commission of an offense.
    • Free speech restrictions:These are the same restrictions imposed on free speech under Article 19(2) of the Constitution.
    • Exceptions for journalists:A provision in Section 5(2) states that even this lawful interception cannot take place against journalists.
    • Information Technology Act, 2000: It was enacted to deal with surveillance of all electronic communication, following the Supreme Court’s intervention in 1996.
    • Electronic surveillance:Section 69 of the IT Act and the IT (Procedure for Safeguards for Interception, Monitoring, and Decryption of Information) Rules, 2009 were enacted to further the legal framework for electronic surveillance.
    • Data interception:Under the IT Act, all electronic transmission of data can be intercepted.
    • Section 69 of the IT Act adds another aspect that makes it broader — interception, monitoring, and decryption of digital information “for the investigation of an offense”.

    Draft Telecommunications Bill, 2022How the loopholes in the current system breaching the Data Privacy?

    • No comprehensive data Protection Law:
    • No comprehensive data protection law leaving ambiguities over several laws.
    • A comprehensive data protection law to address the gaps in existing frameworks for surveillance is yet to enact.
    • Unaccountable, opaque exercise of surveillance:
    • The Telegraph Act contains broad and excessive powers of interception and surveillance of communications carried out through any telegraph.
    • The surveillance power is principally contained under Section 5(2), and has resulted in an unaccountable, opaque and unconstitutional exercise of surveillance that has led to accusations across the political spectrum.
    • Less transparency:
    • Ministry of Home Affairs refuses to disclose even aggregate data on the number of surveillance orders issued by it each year illegally gathered evidence is being sought to prosecute people.
    • For instance, the Bombay High Court about three years ago noted in a case that premier investigating agencies such as the CBI have used, interception orders (that) neither have sanction of law nor issued for legitimate aim.

    Draft Telecommunications Bill, 2022Key features of the Draft Telecommunications Bill, 2022

    • Broad Definitions:
    • The Bill introduces a broad definition of ‘telecommunication services’.
    • It now includes internet-based services, in-flight and maritime connectivity, interpersonal communications services, machine to machine communication services, and over-the-top (OTT) based communication services that are made available to users by telecommunication
    • KYC and caller id requirements:
    • The Bill requires licensed entities to ensure that they identify the persons to whom they provide telecommunication services.
    • The Bill places an obligation on telecommunication service providers to do this through a ‘verifiable mode’, as prescribed by the government.
    • Licensing, registration, and authorization:
    • Under the Bill, four types of permissions are identified – license, registration, authorization and assignment.
    • While the Bill does not differentiate between the four types of permissions, it clarifies that a license is only required for providing telecommunication services or operating telecommunication networks
    • Wide ranging powers of Central Government:
    • The Bill includes wide-ranging powers for the central and state governments in the event of a public emergency or in interest of public safety.
    • These powers include taking temporary possession of any telecommunication services, suspension of transmission in cases of public emergency, interception/detainment/disclosure of messages, suspension of communications, or otherwise transmit certain announcements for public safety and national security purposes.
    • User protection and duties: User has been declared as an important policy objective of the Government. It places a duty on users to not furnish false information, suppress material information or impersonate others when proving identity to avail telecommunication services.
    • Offences and penalties: Any offence under the Bill may be punished with a fine, imprisonment, suspension of telecommunication services or a combination of the above. For companies, the employees who were responsible for the conduct or the business relating to the offence at the time the offence was committed will be punished.
    • Dispute resolution mechanism: The Bill provides for the right of appeal before the appellate authority. It also creates an enabling provision for the Central Government to set up an alternate dispute resolution mechanism such as arbitration, mediation or other processes of dispute resolution

    What are Concerns over the Draft Telecommunication bill, 2022?

    • Regulatory overlaps:The broad of the definition of ‘telecommunication services’ include OTT communication platforms such as WhatsApp, Telegram, Signal among others, may potentially lead to regulatory or jurisdictional overlaps.
    • Unchecked use of State powers:The Bill gives broad powers to the central government in prescribed situations without any accompanying checks and balances. The Bill empowers the central and state government to intercept messages in the interest of public safety and emergency without the providing clearly defined guardrails for it.
    • Undefined National security: The term, national security is left undefined and does not match constitutional precedent or text which instead uses the phrase,in the interests of the security of state
    • Users Less choice in the privacy and security of their digital footprint:
    • Power to prescribe standards under Clause 23, which may result in regulations as recently issued by the Computer Emergency Response Team (CERT-In) that have resulted in the closure of servers or services by leading, global VPN providers such as Proton and TunnelBear.
    • All of this practically means that users will have less choice in the privacy and security of their digital footprint, as these powers will lead to requirements to locally register and host data, and comply with requirements to identify users (KYC requirements).

    Conclusion

    • There should be some reasonable basis or some tangible evidence to initiate or seek approval for interception by State authorities. Any digression from the ethical and legal parameters set by law would be tantamount to a deliberate invasion of citizens.

    Mains Question

    Q. Any deviation from the moral and legal parameters set by the law would amount to a deliberate attack on citizens. In this context discuss the data privacy of citizens in the era of massive expansion of internet and mobile usage.

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  • District formation in India

    This newscard is an excerpt from the original article published in the DownToEarth.

    What are Districts?

    • India’s districts are local administrative units inherited from the British Raj.
    • They generally form the tier of local government immediately below that of India’s subnational states and territories.
    • A district is headed by a Deputy Commissioner/ Collector, who is responsible for the overall administration and the maintenance of law and order.
    • The district collector may belong to IAS (Indian Administrative Service).
    • Districts are most frequently further sub-divided into smaller administrative units, called either tehsils or talukas or mandals, depending on the region.

    How are new districts carved?

    • The power to create new districts or alter or abolish existing districts rests with the State governments.
    • This can either be done through an executive order or by passing a law in the State Assembly.
    • Many States prefer the executive route by simply issuing a notification in the official gazette.

    Does the Central government have a role to play here?

    • The Centre has no role to play in the alteration of districts or creation of new ones. States are free to decide.
    • The Home Ministry comes into the picture when a State wants to change the name of a district or a railway station.
    • The State government’s request is sent to other departments and agencies such as the Ministry of Earth Sciences, Intelligence Bureau, Department of Posts, Geographical Survey of India Sciences and the Railway Ministry seeking clearance.
    • A no-objection certificate may be issued after examining their replies.

    Why create districts?

    • A district enjoys multiple benefits in terms of endowments from the government for local administration and development.
    • The formation of districts leads to the development of infrastructure, including transportation, telecommunication, water, sanitation, health, education and power facilities.
    • A good infrastructure attracts potential investors and investments.
    • New businesses and industries emerge and existing ones expand.
    • This generates employment opportunities for the citizens in and around the district.

    Challenges

    • The question that arises is what limits a state to declare each place a district.
    • The answer lies in the cost associated with the formation of a district.
    • A district requires installing administrative offices and deploying officers and public servants.
    • This adds to the burden on the government exchequer.

    Way forward

    • It is also essential to consult the local people who are the end beneficiaries of the decision to understand their aspirations and win their confidence.
    • This will potentially mitigate the issues and conflicts between people and government and thereby satisfy the people’s needs at large, which is essential for inclusive growth of state and nation.

    Conclusion

    • In sum, any political change regarding the formation of a district in a state comes with its own advantages and challenges.
    • Thus, the government and policymakers must mull over the decision and perform a cost-benefit analysis before district formation.

     

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  • Abortion Right extends to the Cisgenders: SC

    In a significant judgment, the Supreme Court said it was unconstitutional to distinguish between married and unmarried women while allowing abortion when the foetus is between 20-24 weeks.

    What is the news?

    • Going a step further, the court said the term ‘woman’ in the judgment included persons other than cisgender women.

    What is cisgender?

    • The term cisgender is used to define people whose gender identity and expression match the identity assigned to them at birth.
    • When a child is born, it is assigned a gender identity based on its physical characteristics.
    • Many believe that gender is a social construct, and growing up, the child may or may not confirm to the birth identity.
    • For transgender people, their sense of gender identity does not match the one assigned to them at birth.
    • Thus, a cisgender woman is a person who was assigned female at birth and continues to identify as a woman.
    • On the other hand, a child assigned female at birth can feel it identifies more authentically as a man as it grows up.

    Use of gender-inclusive vocabularies in official documents

    • Before India’s Supreme Court used ‘cisgender’ in the context of reproductive rights, last year in June, the US government had replaced the word ‘mothers’ with ‘birthing people’.
    • Those who advocate the use of ‘birthing people’ say it is not just women who give birth.
    • Transmen — a person assigned the female gender at birth but who identifies as a man – and genderqueer people – who identify as neither man nor woman – also give birth.

    Why the word cisgender is important?

    • If there are ‘transgender’ people, there should be a word for those who are not.
    • Giving a label to only one section of the population, especially when that is in the minority, implies that the others are default, ‘normal’, and only that section needs to be labelled.
    • Having distinct words for transgender and cisgender people denotes that both are equally valid, neutral experiences, with neither being an aberration.
    • Also, cis and trans are not the only gender identifiers in use.
    • There are many other terms, such as gender-queer, gender fluid and gender variant.
    • Some also choose not to use the traditionally gender-tied pronouns of he/she/her/his, and go for they/them.

    Criticism of the term

    • Some people, including those working on trans rights, feel terms like ‘cisgender’ belong in the realm of gender theory alone.
    • They feel that their usage can be counterproductive – people are less likely to grasp a message if they have to look up the individual words that make up the message.
    • Others feel that ‘cisgender’ as a counter to ‘transgender’ is restrictive – reinforcing a binary of genders that many choose to reject.

     

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  • International Day of Non-Violence event at UN

    International

    The International Day of Non-Violence event, held at the UN headquarters in New York, saw a life-size hologram of Gandhi displayed.

    International Day of Non-Violence

    • Every year, since 2007, the day is observed on October 2, the birth anniversary of Mahatma Gandhi.
    • Iranian Nobel Laureate Shirin Ebadi, in January 2004, first proposed the idea of dedicating a day to non-violence, around the world.
    • In 2007, the UN General Assembly (UNGA) passed a resolution to commemorate October 2 as the International Day of Non-Violence, with the core objective to “disseminate the message of non-violence, including through education and public awareness.”

    What does the term “non-violence” stand for?

    • The UN defines the term as a rejection of the use of physical violence in order to achieve social or political change.
    • The UNGA resolution reaffirms the universal relevance of the principle of non-violence and establishes a desire to secure a culture of peace, tolerance, understanding and non-violence.
    • The theory emphasises that the power of rulers depends on the consent of the populations, and non-violence therefore seeks to undermine such power through withdrawal of the consent and cooperation of the populace.

     

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