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  • Protecting freedom in era of technological transformation

    The article discusses the issue of growing influence of social media companies and response of the governments.

    Issues with the growing influence of social media companies

    • In the US the last two general elections in 2016 and 2020 have seen strong charges of political manipulation by social media companies.
    • But influence of social media companies is not limited ot elections, it envelops a range of domestic and international issues.
    • These issuesincludes: the concentration of economic power, individual rights against the state as well as the corporation, disinformation, the rise of digital geopolitics, and global digital governance.

    How governments are responding

    •  Democratic forces need to consult each other and collaborate in developing new norms for managing the digital world.
    • In the US, both the left and right are demanding that digital behemoths like Amazon, Google, Facebook and Twitter are brought under greater control if not broken up.
    • Last December, the European Commission proposed new rules to promote competition and fairness in digital markets.
    • The EU is likely to approve a Digital Markets Act next year.
    • Australia has decreed that Google must work out an arrangement with Australian newspapers to pay for the use of their content.
    • The current digital giants, however, are not easily amenable to political attack.
    • They are bigger than the biggest we have known.

    3 Issues with business practices of social media companies

    • Governments are now questioning the sharp business practices of the tech giants especially labour rights, taxes and politics.
    • While the tech giants have created a lot of new wealth, some of them have sharply squeezed the labour.
    • In California, trade unions are battling against the success of Uber and Lyft to turn employees into “contract workers” to deny them multiple benefits.
    • Digital giants have been aggressive tax evaders.
    • On the political front recently,Twitter and Facebook shut down President Donald Trump’s accounts.
    • European leaders raised important questions about social media’s actions against Trump.

    Way forward

    • Answer to deal with social media on political front lies in laying down a clear set of obligations and responsibilities for the digital giants.
    • This move will help in building digital sovereignty.
    • The world’s democracies must get together to discuss global digital governance.

    Consider the question “What are the challenges posed by the growing influence of social media companies in the democratic countries?” 

    Conclusion

    As governments push back against big tech, a new challenge presents itself — reining in the growing power of the state in the digital age. The answer lies in democracies modernising their laws to protect freedoms in the era of technological transformation.

  • Finance Commission dips into states’ share for Centre’s expenditure

    The article analyses the recommendations of fifteenth Finance Commission and their implications for the federalism in India.

    Major recommendations accepted by the government

    • Report of the fifteenth Finance Commission (XVFC) was laid before the Parliament.
    • The finance minister announced the acceptance of its recommendation of retaining the share of states in central taxes at 42 per cent.
    • She also stated that on its recommendation revenue deficit grants of Rs 1.18 lakh crore to the states have been provided for in the budget.
    • Some of the recommendations, however, have far-reaching implications on government finances, both of the Centre and the states.
    • Keeping in view the extant strategic requirements for national defence in a global context, XVFC has, in its approach, recalibrated the relative shares of the Union and the states in gross revenues receipts.

    Issues with the recalibration for national defence

    • Recalibration enables the Union to set aside resources for special funding on defence.
    • The states have been made to pay Rs 7,000 crore to bridge [the] Centre’s gap between projected budgetary requirements and budget allocation for defence and internal security defence.
    • But this is an expenditure that the Centre is obliged to fund.
    • For the first time, a finance commission has carved out resources meant for distributable statutory grants and dipped into the states’ revenue share, as against the tax share, in order to finance the Centre’s exclusive expenditure obligation.
    • What has been done is not in line with the system envisaged in the Constitution.
    • This move will eventually put the fiscal federal system under systemic strain.
    • In operational terms, too, this move is a significant departure.
    • So far, the Centre has been used to pre-empting resources from the kitty to be distributed among the states but only to finance expenditures in areas earmarked for states.
    • This was done through the centrally-sponsored schemes, but at least the states’ money was being used in the states, even if on a discretionary rather than a criteria basis.
    • Now, with this move of earmarking and financing of funds for sectors, it is the states’ money that is being used to finance the Centre’s expenditure.
    • This is certainly not cooperative federalism.

    Changes in horizontal distribution: More weightage to efficiency and performance

    • In horizontal distribution, the criteria used by successive finance commissions for devolving taxes across states have always been linked to need — based on equity, tempered by efficiency.
    • From 92.5 per cent of funds to a state being devolved based on need and equity, the XVFC has reduced these two components to 75 per cent.
    • The remaining 25 per cent are to be devolved on considerations of efficiency and performance.
    • This is the lowest weightage for equity, making the XVFC transfers potentially the least progressive ever.

    Structural changes not taken into account

    • The Finance Commission has not even made any serious effort to review the existing scheme of transfers in light of the changed federal landscape.
    • The existing criteria for the devolution have evolved in, and for, a production-based tax system.
    • The XVFC should have reformulated the distributional criteria for a consumption-based tax system [GST].
    • The structural change from production to consumption will make a significant difference to distribution as well as the need, nature and distribution of equalising grants.
    • This is the same manner in which the revenue deficit grants have been carried forward.
    • Ideally, the “gap-filling” approach should have been redesigned in light of the compensation law providing a minimum-guaranteed revenue of 14 per cent to every state.

    Consider the question “For the first time, a finance commission has carved out resources meant for distributable statutory grants and dipped into the states’ revenue share, as against the tax share, in order to finance the Centre’s exclusive expenditure obligation. What are the issues with this move?”

    Conclusion

    The Fifteenth Finance Commission report is not aligned with the new landscape of federalism and does not address the key issues.

  • Andhra-Odisha Boundary Dispute

    Andhra Pradesh recently held panchayat elections in three villages in the Kotia cluster, which is at the centre of a dispute between Andhra Pradesh and Odisha.

    Do you know?

    Sukma district of Chhattisgarh borders with Odisha (Malkangiri district), Telangana (Bhadradri Kothagudem district) and Andhra Pradesh (East Godavari district).

    You got it right. Thers’ a junction. AP and Telangana , both borders with Chhattisgarh.

    Andhra-Odisha Boundary Dispute

    • Prior to April 1, 1936, villages under Kotia panchayat were part of Jeypore Estate.
    • In the Constitution of Orrisa Order, 1936, published in the Gazette of India on March 19 that year, the GoI demarcated Odisha from the erstwhile Madras Presidency.
    • In 1942, the Madras government contested the boundary and ordered re-demarcation of the two states.
    • When the state of Andhra Pradesh was created in 1955, the villages were not surveyed by the state government either.

    Details of the villages

    • These villages, with a population of nearly 5,000, are located on a remote hilltop on the inter-state border and are inhabited by Kondh tribals.
    • The region, once a Maoist hotbed which still reports sporadic incidents of violence, is also rich in mineral resources like gold, platinum, manganese, bauxite, graphite and limestone.

    What is the judicial reaction?

    • In the early 1980s, Odisha filed a case in the Supreme Court demanding right and possession of jurisdiction over the 21 villages.
    • In 2006 the court ruled that disputes belonging to the state boundaries are not within the jurisdiction of the Supreme Court.
    • The matter can only be resolved by Parliament and passed a permanent injunction on the disputed area.
  • Sharpening educational divide

    The article highlights the issue of the decrease in allocation for education and two ways in which the government seeks to plug this gap.

    Decrease in allocation to education: Two paradoxical axes

    • The government allocated Rs 6,000 crore less on education in Budget 2021 as compared to last year.
    • It’s strange that this year’s budget makes no reference to the pandemic and the multiple challenges it has thrown up for the poor.
    • Parents who depend on the lowest rung of free government schools are the ones who need maximum state support.
    • More recently, the state’s position with regard to the provision of education in general and budgetary allocations to education in particular hinges on two paradoxical axes.

    1) Supporting community volunteer

    • On one axis, is its appreciation of the commitment and passion of the community volunteers to reach out to children who may not be learning for multiple reasons.
    • Acknowledging the contribution of such people, the NEP proposes ideas of “peer-tutoring and trained volunteers” to support teachers to impart foundational literacy and numeracy skills to children in need of such skills.
    • While such efforts need to be applauded, they cannot be regarded as substitutes of the formal state apparatus.
    • Such a view also de-legitimises the teaching profession-associated qualifications and the training mandated by the state for people to become teachers.
    • Salaries and working conditions of the local community, most of whom are unemployed youth and women, are often compromised.
    • This is exploitation and needless to say, it also impacts the quality of education for the poor.

    2) Public-Private partnership and issues with it

    • On the second axis, is the position advocating partnerships between public and private bodies.
    • Not that the involvement of private individuals/organisations/schools in education is anything new in India.
    • However, in the past, private schools catered to the relatively better-off but now the poor are being targeted for profit.
    • This narrative is based on two sources: Poor learning outcomes of children, particularly those studying in government schools as reported by large scale assessment surveys, and large-scale absenteeism/dereliction of duty on the part of government school teachers.
    • Reasons for these are attributed to government school teachers having no accountability.
    • NEP 2020 also states that the non-governmental philanthropic organisations will be supported to build schools and alternative models of education will be encouraged by making their requirements for schools as mandated in the RTE less restrictive.
    • This is clearly problematic but convenient as the justification underlying this position is that one needs to shift focus from inputs to outputs.
    • This also indicate that schools can do with lesser financial resources, and compromised inputs may not necessarily lead to compromised outputs.
    • The nature of the partnership between public and private has also changed from the private supporting the public to private jostling for space with the public, even replacing them.
    • It’s a win-win situation for both — the state gets to spend less and private players make profit.

    Consider the question “Examine the impact of a covid pandemic on the education of the poor. Suggest the measure need to be taken by the government to mitigate the impact.”

    Conclusion

    While money may not ensure quality education, lack of adequate resources will only deepen the social divide between people.

  • [pib] National Creche Scheme

    The Union Minister of Women and Child Development have given information about the National Creche Scheme to the Lok Sabha.

    Try this PYQ:

    Q.Which of the following statements is/are correct regarding the Maternity Benefit (Amendment) Act, 2017?

    1. Pregnant women are entitled to three months pre-delivery and three months post-delivery paid leave.
    2. Enterprises with creches must allow the mother a minimum of six crèche visits daily.
    3. Women with two children get reduced entitlements.

    Select the correct answer using the code given below.

    (a) 1 and 2 only

    (b) 2 only

    (c) 3 only

    (d) 1, 2 and 3

    National Creche Scheme

    • The Ministry of WCD implements the NCS for the children of working mothers as a Centrally Sponsored Scheme through States/ UTs with effect from 01.01.2017.
    • It aims to provide daycare facilities to children (age group of 6 months to 6 years) of working mothers.

    The Scheme provides an integrated package of the following services:

    • Daycare facilities including sleeping facilities.
    • Early stimulation for children below 3 years and pre-school education for 3 to 6 years old children
    • Supplementary nutrition (to be locally sourced)
    • Growth monitoring
    • Health check-up and immunization
  • [pib] Child Beggars and their protection

    The Union Minister of Women and Child Development has given important information regarding the protection of child beggars in India under various acts and ministries.

    Q.What are the various legislatures aimed at protecting Child Beggars in India? Discuss their efficacy in the prevention of child begging as well as abuse.

    Protection of Child Beggars

    (A) JJ Act, 2015

    • The Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) is the primary law for children in the country.
    • The Section 2 (14) (ii) of the Act, 2015, considers a child being in force or is found begging, or living on the street as a “child in need of care and protection”.
    • As per Section 76 of JJ Act, whoever employs or uses any child for the purpose of begging or causes any child to beg shall be punishable with imprisonment.
    • The Act provides a security net of service delivery structures along with measures for institutional and non-institutional care, to ensure the comprehensive well being of children in distress situations.
    • The primary responsibility of execution of the Act rests with the States/UTs.

    (B) Child Protection Services (CPS)

    • The Ministry implements a centrally sponsored scheme CPS under the umbrella Integrated Child Development Services scheme.
    • It supports the children in difficult circumstances including child beggars and destitute children.
    • Under the scheme, institutional care is provided through Child Care Institutions (CCIs), as a rehabilitative measure.
    • The programmes and activities in CCIs inter-alia include age-appropriate education, access to vocational training, recreation, health care, counselling etc.
    • The scheme supports 24×7 emergency outreach/ helpline service for children in distress conditions.
    • The service is accessible through a dedicated toll-free number, 1098 from anywhere in India.

    (C) Rehabilitation measures

    • The Ministry of Social Justice and Empowerment, has undertaken a pilot project for Comprehensive Rehabilitation of Persons engaged in the act of begging.
    • It is currently held in ten (10) cities; namely Delhi, Mumbai, Chennai, Ahmadabad, Hyderabad, Bangalore, Lucknow, Patna, Nagpur and Indore.
    • The initiative aims for identification, rehabilitation, counselling, skill development of beggars.
    • It includes education of children engaged in begging/children of persons engaged in the begging.

    The children of today are assets of tomorrow. Yet education, which is a fundamental right to every child in our country, is still a dream for many children in India, especially the ones who are poor, downtrodden and in dire need.

  • The U.S. policy options and its implications for the world order

    The article spells out the U.S.’s foreign policy approach in the changing global order. Though the article doesn’t mention India, the U.S.’s policies and it’s bearing on India need no mention. From that perspective, we should follow their approach.

    Decision on the JCPOA

    • During the U.S. presidential election campaign, Joe Biden had criticised the U.S. withdrawal from the Joint Comprehensive Plan of Action (JCPOA).
    • He had then promised that subject to Iran’s compliance with its obligations, the U.S. would re-enter the agreement.
    • In office, Mr. Biden has shown little urgency on the JCPOA matter.
    • Israel has given the opposite message and said that the nuclear agreement was “bad and must not be allowed”.
    • Israel and the U.S.’s Gulf allies, Saudi Arabia and the United Arab Emirates, have also insisted that they be involved with the discussions with Iran on the revival of the agreement.

    U.S.’s Policy approach

    •  The U.S. policy is likely to show more continuity than change where the U.S.’s core interests are concerned, specifically in its ties with Russia, China and Iran.
    •  Mr. Biden is likely to reverse his predecessor Donald Trump’s personal accommodative approach towards Russia and adopt the U.S.’s traditional confrontational posture.
    • Mr. Biden’s Iran policy is likely to match Mr. Trump’s hardline approach on substantive matters.
    • This approach also panders to Iran’s regional rivals who wish to see the Islamic republic weakened and isolated.
    • There will thus be no dramatic change in the U.S.’s approach to Iran on the nuclear question.

    Regional concerns and role of global powers

    • Despite the sanctions, Iran’s regional influence remains significant.
    • The Iranian ability to mobilise militants across the region is viewed by Israel and some the Gulf Arab states as threatening their security.
    • Gulf states are also concerned about Iran’s influence with their Shia populations.
    • The capabilities of Iran’s precision missiles and drones are also a matter of regional anxiety.
    •  Israel, Saudi Arabia and the United Arab Emirates will be in a face-off with Iran and its allies, Iraq, Syria and its Shia militia.
    • Alternatively, we could see a genuine regional effort to ease tensions and promote regional confidence, spearheaded by Qatar, working with Russia and, possibly, China.
    • Perhaps, Saudi Arabia and the UAE, already facing heat from the Biden administration, will see the value of this approach.
    • Russia now an influential player in the region, China, too, with its Belt and Road Initiative, has high stakes in regional stability.
    • The Sino-Iran 25 years agreement, envisages their substantial and long-term cooperation in political, security, military, economic, energy and logistical connectivity areas.

    Consider the question “How far Joint Comprehensive Plan of Action (JCPOA) has been successful in achieving its goals? How peace in the Middle East influence India’s interests?” 

    Conclusion

    The new U.S. administration will thus witness a new world order, shaped by a coalition of Russia, China and Iran, in which the U.S. is no longer the most significant role-player.

  • Contours of Twitter-government faceoff

    What is the faceoff about

    • Recently, Indian government issued direction to Twitter, ordering it to shut down user accounts connected with farmers’ protests.
    • The government has to exercise powers under Section 69A of the Information Technology Act to block user accounts critical of the farm bills.
    • The accounts which were sought to be censored are back online.
    • This is due to Twitter’s evident refusal to comply with the directions after a constitutional appraisal.
    • It has, as per press statements, cited the doctrine of proportionality in its defence.

    Concerns with the directive

    • This direction presents a clear breach of fundamental rights but also reveals a complex relationship between the government and large platforms on the understanding of the Constitution of India.
    • The specific legal order issued is secret.
    • This brings into focus the condition of secrecy that is threshold objection to multiple strands of our fundamental rights.
    • It conflicts against the rights of the users who are denied reasons for the censorship.
    • Secrecy also undermines the public’s right to receive information, which is a core component of the fundamental freedom to speech and expression.
    • This is an anti-democratic practice that results in an unchecked growth of irrational censorship but also leads to speculation that fractures trust.
    • The other glaring deficiency is the complete absence of any prior show-cause notice to the actual users of these accounts by the government.
    • This is contrary to the principles of natural justice.
    • This again goes back to the vagueness and the design faults in the process of how directions under Section 69A are issued.

    Constitutionality of Section 69A of IT Act

    • The secrecy clause represents a failure on the part of the Union executive, which framed the process for blocking websites in 2009.
    • he Supreme Court also failed to substantively examine the clause.
    • This is despite the opportunity offered by its celebrated judgment Shreya Singhal v. Union of India, when it struck down Section 66A of the IT Act as unconstitutional.
    • At the same time, the court stated in Shreya Singhal, that an aggrieved party could approach a court for remedy if their website or user account was blocked under Section 69A.
    • More recently, the court, when adjudicating the constitutional permissibility of the telecommunications shutdown in Jammu and Kashmir by its judgment in Anuradha Bhasin v. Union of India directed pro-active publication of all orders for internet shutdowns.
    • After this, a decent argument may be made that directions for blocking now need to be made public. 
    • However, several state governments are actively refusing compliance on the publication of orders on internet shutdowns.

    Consider the question “Use of Section 69 of the IT Act to suspend the account of the users on a social media platform has raised concern. Examine these concerns.”

    Conclusion

    The episode leaves a sense of confusion and wonder about why our own government formed under the Constitution may be failing to fulfil its obligations when strangers who trade in our data for profit are seemingly more eager.

  • OTT players adopt ‘toolkit’ for self-regulation

    Online streaming providers have announced the adoption of an ‘implementation toolkit’, under the aegis of the Internet and Mobile Association of India (IAMAI).

    What is the news?

    • Various OTT platforms say that this is in furtherance to the Universal Self-Regulation Code the body had introduced in September.
    • The government had rejected this USRC code.

    Q.What is Over the Top (OTT) media services? Critically analyse the benefits and challenges offered by the OTT media services in India.

    What are OTT Media?

    • An over-the-top (OTT) media service is a streaming media service offered directly to viewers via the Internet.
    • OTT bypasses cable, broadcast, and satellite television platforms, the companies that traditionally act as a controller or distributor of such content.
    • The term is most synonymous with subscription-based video-on-demand (SVoD) services that offer access to film and television content.
    • They are typically accessed via websites on personal computers, as well as via apps on mobile devices (such as smartphones and tablets), digital media players, or televisions with integrated Smart TV platforms.

    Regulating OTT

    • Currently, there is no law or autonomous body governing digital content. The recent move will give the government control over OTT platforms, which were unregulated till now.
    • From time to time, the government had indicated the necessity to monitor these platforms.
    • In October 2019, the government had indicated that it will issue the “negative” list of don’ts for the video streaming services like Netflix and Hotstar.
    • It also wanted the platforms to come up with a self-regulatory body on the lines of the News Broadcasting Standards Authority.

    What is the toolkit about?

    • The effort of the signatories, through this toolkit, is to also address feedback received from the ministry of information and broadcasting inter-alia, on the issues of conflict of interest and prohibited content.

    The all-inclusive implementation toolkit will assist signatories in a seamless transition to self-regulation and guide them on various dimensions like:

    • Relevant laws of the land which will be adhered to by the signatories
    • Fair and transparent functioning of the grievance redressal mechanism, with escalation to an advisory panel with independent members
    • Training programs for creative and legal teams of OCCPs to enhance the knowledge and nuances of laws that govern content
    • Awareness programs for consumers to help increase understanding and use of age rating, content descriptor & parental controls
    • Implementation of a detailed audit and compliance mechanism

    Why such code?

    • The code comes into force at a time when the government has put OTT platforms on the anvil of content regulation after a spate of complaints on the ‘sensitive’ and ‘objectionable’ nature of certain shows.
    • Earlier this week, I&B minister has assured the Parliament that guidelines for the regulation of OTTs have been practically hammered out and will be implemented soon.
  • New disengagement agreement in eastern Ladakh

    In the first major breakthrough in talks China’s Defence Ministry that PLA and Indian troops on the southern and northern shores of Pangong Tso began synchronized and organized disengagement.

    This newscard presents a holistic report on the ground situation of Sino-India border disputes in Ladakh.

    Also, try this PYQ from CSP 2020:

    Q.Siachen Glacier is situated to the

    (a) East of Aksai Chin

    (b) East of Leh

    (c)North of Gilgit

    (d) North of Nubra Valley

    New plan in eastern Ladakh

    • As of now, the disengagement process seems restricted to the north and south banks of Pangong Tso.
    • The process has started with the pulling back of certain columns of tanks from the south bank region by both sides.
    • At the moment, there is no pullback of troops from the friction points and the heights they are positioned on.
    • That will happen in a phased and verified manner.

    Disengagement from Pangong Tso

    • China will pull its troops on the north bank towards the east of Finger 8.
    • Similarly, India will also position its forces at its permanent base near Finger 3.
    • Similar action will be taken by both the parties in the south bank area as well.
    • Both sides have also agreed that the area between Finger 3 and Finger 8 will become a no-patrolling zone temporarily, till both sides reach an agreement through military and diplomatic discussions to restore patrolling.
    • Further, all the construction done by both sides on the north and south banks of the lake since April 2020 will be removed.

    Why is this area important?

    • The north and south banks of Pangong Tso are two of the most significant and sensitive regions when it comes to the current standoff that began in May 2020.
    • What makes the areas around the shores of the lake so sensitive and important is that clashes here marked the beginning of the standoff.
    • It is one of the areas where the Chinese troops had come around 8 km deep west of India’s perception of the Line of Actual Control.
    • China had positioned its troops on the ridgeline connecting Fingers 3 and 4, while according to India the LAC passes through Finger 8.

    Take a glimpse of all friction points along Indian borders:

    India is at an advantage

    • Further, it is in the south bank of the lake that Indian forces in an action in late August had gained a strategic advantage by occupying certain peaks, outwitting the Chinese.
    • Indian troops had positioned themselves on heights of Magar Hill, Mukhpari, Gurung Hill, Rezang La and Rechin La, which were unoccupied by either side earlier.
    • Since then, the Chinese side had been particularly sensitive as these positions allowed India to not only dominate Spanggur Gap.
    • It is a two-km wide valley that can be used to launch an offensive, as China had done in 1962, they also allow India a direct view of China’s Moldo Garrison.

    Why has this taken so long?

    • Since September, China has insisted that India first pull its troops back from the south bank of Pangong Tso, and the Chushul sub-sector.
    • However, India has been demanding that any disengagement process should include the entire region, and troops should go back to their April 2020 positions.
    • However, it seems that for now, both sides have agreed to first disengage from the Pangong Tso area only.

    Principles of disengagement

    In military and diplomatic discussions with China India expects a solution to the issue on the basis of three principles:

    1. LAC should be accepted and respected by both parties.
    2. Neither party should attempt to change the status quo unilaterally.
    3. All agreements should be fully adhered to by both parties.

    Does this mean that the standoff is resolved?

    • There are still some outstanding issues that remain regarding deployment and patrolling on LAC.
    • The Pangong Tso region is just one of the friction areas. There are other friction points, all north of the Pangong Tso, where the troops have been face-to-face since last year.
    • The situation in Depsang Plains continues to be a concern.
    • Both sides agree that complete disengagement under bilateral agreements and protocols should be done as soon as possible.
    • After the talks so far, China is also aware of our resolve to protect the sovereignty of the country.

    Need for confidence building

    • Two of the main stumbling blocks in finding a permanent resolution are lack of trust and no clarity on intent.
    • Any permanent resolution will include first, disengagement of troops from the frontlines from all friction points.
    • Then de-escalation will entail sending the troops from the depth areas to their original bases.
    • Both sides have around 50,000 troops in the region, along with additional tanks, artillery and air defence assets.

    Conclusion

    • A resolution has to include sending these troops and military equipment where they came from on both sides.
    • But neither side had been willing to take the first step to reduce their troop or military strength, as it does not trust the other side.