February 2021
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Women Safety Issues – Marital Rape, Domestic Violence, Swadhar, Nirbhaya Fund, etc.

Ramani Judgement

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Not much

Mains level: Paper 2- Sexual harassment at workplace

 

Why the Ramani judgement matters

  • The verdict went beyond a mere refusal to convict Ramani for criminal defamation.
  • The verdict vindicated Ramani by accepting Ramani’s truth as a defence to the charge of defamation.
  • The verdict urged society to “understand that sometimes a victim may for years not speak up due to mental trauma,” and underlined that a woman has a right to speak up about the abuse, even after decades.
  • It pointed out that since sexual harassment typically takes place in private, women’s testimonies cannot be dismissed as untrue or defamatory simply because they are unable to provide other witnesses to back their allegations.
  • Institutional mechanisms have systemically failed to protect women or provide justice, the verdict reasoned.
  • Therefore, survivors are justified in sharing their testimonies on media or social media platforms as a form of self-defence.

Right to dignity

  • The Ramani verdict points out that sexual abuse violates the constitutionally recognised rights to dignity (Article 21) and equality (Articles 14 and 15), and that (a man’s) right to reputation cannot be protected at the cost of (a woman’s) right to dignity. 
  • The Ramani verdict is a huge moral vindication of the #MeToo movement and will serve to deter powerful men from using the defamation law to silence survivors.

Problem of institution

  • Sexual harassment is a problem of institutions rather than of individuals alone.
  • The world over, employers deploy sexual harassment as a means to discipline and control women workers.
  • In India and Bangladesh, at least 60 per cent of garment factory workers experience harassment at work.
  • In Guangzhou, China, a survey found that 70 per cent of female factory workers had been sexually harassed at work, and 15 per cent quit their jobs as a result.
  • For factory workers, domestic workers, street vendors, sanitation and waste workers, construction workers, sex workers, labour laws or laws against sexual harassment exist only on paper.

Conclusion

The women who spoke were unanimous that individual complaints were not an option, they needed unions to fight collectively. Women workers fighting sexual harassment, need more support and attention.

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Blockchain Technology: Prospects and Challenges

Regulate but do no ban Bitcoin

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Blockchain

Mains level: Paper 3- Implications of banning blockchain technology

The Cryptocurrency and Regulation of Official Digital Currency Bill, 2021 seeks to ban cryptocurrencies. Banning cryptocurrencies would have several implications for India. This article deals with this issue.

Soaring value of Bitcoin

  • Recently, Tesla announced that it will soon accept cryptocurrency as legitimate payment for its cars.
  • Mastercard followed by announcing that it will incorporate ‘select cryptocurrencies’ on its global payment network.
  • BNY Mellon, incidentally the US’s oldest bank, announced holding and transferring digital currencies for asset management clients.
  • JP Morgan and Goldman Sachs announced executive positions to look at cryptocurrencies.
  • All of this resulted in a soaring value of Bitcoin, and its younger sibling, Ethereum.

India’s governments stand on cryptocurrencies

  • India’s government sought to ban cryptocurrency through a proposed legislation, the Cryptocurrency and Regulation of Official Digital Currency Bill, 2021.
  • The Bill also provides to also set up a legal structure for an “official digital currency”.
  • The Bill promises to “allow for certain exceptions to promote the underlying technology of cryptocurrency (blockchain) and its uses.”
  • The way the technology is built, an ownerless, consensus-driven, distributed ledger like a blockchain needs cryptocurrency to grease its wheels.
  • India tried to ban cryptocurrency once before, in 2018, before it was reversed by the Supreme Court.

Implications of banning cryptocurrencies

  • The banning will kill innovation.
  • India has more than 30,000 blockchain innovators and practitioners.
  • These innovators will now be looking at moving out to friendlier regimes like the US, Switzerland, Singapore and Estonia.
  • International tech companies will freeze blockchain and crypto-exchange investments in India and the step will undermine India’s reputation as a technology hub.
  • India is the second-largest Bitcoin trading nation in Asia, and all those trades will move to overseas exchanges.
  • China has large crypto trading and mining operations, and an Indian ban on Bitcoin will leave that space open for it.

Consider the question “What is cryptocurrency? What would be the implications of banning it?”

Conclusion

No doubt, there are many problems with cryptocurrency—it is volatile, sucks energy, and is often abused by criminals. But the answer is not to ban it, but regulate it.

 

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Freedom of Speech – Defamation, Sedition, etc.

Big tech regulation and problems

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Not much

Mains level: Paper 2- Regulation of Big tech and challenges

Article highlights the issues with the growing dominance of social media giants and challenges involved in regulating them.

Issues to consider

1) Conflict of interest

  • Many of the big tech companies were not, as they claimed, mere platforms.
  • This is because they began to curate and generate their own content, creating possible conflicts of interest.

2) Monopoly power

  • There is a suspicion that big tech companies were acquiring more monopoly power leading to lack of free competition.
  • There is a conjunction of technology and finance here.
  • The more companies were valued, the more they needed monopoly rent extraction to be able to justify those valuations.

3) Lack of accountability in algorithms

  • There was an irony in an opaque algorithm being the instrument of a free, open and equitable society.

4) Mixed implications for distribution of wealth

  • While the companies had immense economic impact, their distributive implications were more mixed.
  • They empowered new players, but they also seem to destroy lots of businesses.
  • These companies themselves became the symbol of inequality of economic and political power.

5) Lack of accountability and standards in regulating free speech

  • Big tech companies set themselves up almost as a sovereign power.
  • This was most evident in the way they regulated speech, posing as arbiters of permissible speech without any real accountability or consistency of standards.
  • The prospect of a CEO exercising almost untrammelled authority over an elected president only served to highlight the inordinate power  these companies could exercise.

6) Effects of big tech on democracy and democratisation

  •  The social legitimacy of California Libertarianism came from the promise of a new age of democratic empowerment.
  • But as democracies became more polarised, free speech more weaponised, and the information order more manipulated, greater suspicion was going to be cast on this model.
  • All democracies are grappling with this dilemma.

Big tech in Indian context

  • India will justifiably worry about its own economic interests.
  • India will be one of the largest bases of internet and data users in the world.
  • The argument will be that this should be leveraged to create iconic Indian companies and Indian value addition.
  • India can create competition and be more self-reliant in this space.
  • Pushing back against big tech is not protectionism, because this pushback is to curb the unfair advantages they use to exploit an open Indian market.
  • India can also justifiably point out that in China keeping out tech companies did not make much of a difference to financial flows or investment in other areas.

The real challenge

  • It will be important to distinguish between regulations that are solving some real problems created due to Big tech, and regulation that is using this larger context to exercise more control.
  • It will be easier to address those issues if the government showed a principled commitment to liberty, commitment to root out crony capitalism, an investment in science and technology commensurate with India’s challenges, and a general regulatory independence and credibility.

Consider the question “What are the challenges posed by the dominance of social media giants? Suggest the measures to deal with these challenges.”

Conclusion

We should not assume that just because big tech is being made to kneel, the alternative will be any better.

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Minority Issues – SC, ST, Dalits, OBC, Reservations, etc.

No role in State’s quota decisions: Centre tells SC

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Indira Sawhney Case

Mains level: 50% quota limit

The Centre has told the Supreme Court that it has no role in the choices made by the Tamil Nadu government with regard to the provision of reservation for specific castes or communities in state government jobs and admissions.

Reservation being an all-time contested issue is a less inevitable topic for mains. However, we can expect some of the thought triggering questions such as – “Reservation is hardly capable of striking a balance between social inclusion and merit. Critically comment. (250 W)”

OR

Essay topic like- “Meritocracy is unrealized without an egalitarian society” are ready to raid your mind.

Issue over 69%

  • The Centre was responding to a petition challenging the constitutionality of the Tamil Nadu Backward Classes, SCs and STs Act of 1993, which provides 69% reservation in the State.
  • The petitioner contends that the TN has acted “outside its competence” by identifying and classifying socially and educationally backward classes (SEBCs).
  • It is too far in excess of the 50% limit on quota laid down by a nine-judge Bench of the Supreme Court in its judgment in the Indira Sawhney Case (1992).

Indira Sawhney Case

In the famous Mandal case (Indra Sawhney Case, 1992), the scope and extent of Article 16(4), which provides for reservation of jobs in favour of backward classes, has been examined thoroughly by the Supreme Court.

  • Though the Court has rejected the additional reservation of 10% for poorer sections of higher castes, it upheld the constitutional validity of a 27% reservation for the OBCs with certain conditions.
  • The advanced sections among the OBCs (the creamy layer) should be excluded from the list of beneficiaries of reservation.
  • No reservation in promotions; reservation should be confined to initial appointments only. Any existing reservation in promotions can continue for five years only (i.e., upto 1997).
  • The total reserved quota should not exceed 50% except in some extraordinary situations. This rule should be applied every year.
  • The ‘carry forward rule’ in case of unfilled (backlog) vacancies is valid. But it should not violate the 50% rule.

What did the Centre say in the TN case?

  • The inclusion or exclusion of any caste/community in the State List of SEBCs is the subject matter of the State government, and the Government of India has no role in the matter.
  • It referred to the Constitution (102nd Amendment) Act of 2018, which details the difference in the procedure for inclusion or exclusion of castes and communities in the State List for SEBCs and the Central List.

Identifying SEBC

  • The power to identify and specify SEBCs lies with Parliament only with reference to the Central List.
  • The State governments may have separate State Lists of SEBCs for providing reservation for recruitment to State services or admissions in State government educational institutions.
  • Under the newly-inserted Article 342A of the 102nd Amendment Act of 2018, the President notifies the SEBCs in a State after consultation with the Governor.
  • The castes or communities included in such State Lists may differ from those included in the Central List.

A case for TN

The senior advocate appearing for Tamil Nadu said the State’s case should be heard separately. The filed affidavit said:

  • India is an amalgam of States with varied population, size, history, culture and social fabric.
  • The circumstances and facts prevailing in Tamil Nadu are not the same or similar to those in any other State.
  • Tamil Nadu is a pioneer in the implementation of reservation in public employment and education. The policy of reservation has been in practice since 1921 in this State.
  • Factual variations contributing to the grant of reservation need to be reckoned with differently for different States while deciding the question on its validity.
  • The State argued that its law was protected under the Ninth Schedule of the Constitution from judicial review.
  • Section 4 of the 1993 Act provides 30% reservation to the Backward Classes, 20% for the Most Backward Classes and de-notified communities, 18% for the SCs and 1% for the STs.

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Social Media: Prospect and Challenges

Australia vs Facebook Row

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Not Much

Mains level: Social media regulation

The social media giant Facebook is locked in a battle with Australia over legislation that would require FB, Google to pay for news outlets.

Row over the news on social media

  • Australia had proposed a law called the News Media and Digital Platforms Mandatory Bargaining Code Bill 2020.
  • It seeks to mandate a bargaining code that aims to force Google and Facebook to compensate media companies for using their content.

Imagine if the case arises in India where tons of news channels and impulsive journalists are dying off hard to gather TRPs!

Response from the ‘giants’

  • Google had threatened to make its search engine unavailable in Australia in response to the legislation, which would create a panel to make pricing decisions on the news.
  • Facebook responded by blocking users from accessing and sharing Australian news.

Why countries are bringing such legislation?

  • Australia has launched a global diplomatic offensive to support its proposed law to force Internet giants Facebook and Google to pay media companies.
  • Google accounts for 53% of Australian online advertising revenue and Facebook for 23%.
  • The legislation sets a precedent in regulating social media across geographies and is being closely watched the world over.

What is happening in other countries?

  • Australia’s proposed law would be the first of its kind, but other governments also are pressuring Google, Facebook and other internet companies to pay news outlets and other publishers for the material.
  • In Europe, Google had to negotiate with French publishers after a court last year upheld an order saying such agreements were required by a 2019 EU copyright directive.
  • France is the first government to enforce the rules, but the decision suggests Google, Facebook and other companies will face similar requirements in other parts of the 27-nation trade bloc.

The ‘doubted’ reluctance

  • Last year, Facebook announced it would pay US news organizations including The Wall Street Journal, The Washington Post and USA Today for headlines.
  • In Spain, Google shut down its news website after a 2014 law required it to pay publishers.

Why does this matter?

  • Developments in Australia and Europe suggest the financial balance between multibillion-dollar internet companies and news organizations might be shifting.
  • Australia is responding to complaints by news reports, magazine articles and other content that appears on their websites or is shared by users.
  • The government acted after its competition regulator tried and failed to negotiate a voluntary payment plan with Google.
  • The proposed law would create a panel to make binding decisions on the price of news reports to help give individual publishers more negotiating leverage with global internet companies.

Not losing out revenue gain

  • Google’s agreement means a new revenue stream for news outfits, but whether that translates into more coverage for readers, viewers and listeners is unclear.
  • The union for Australian journalists is calling on media companies to make sure online revenue goes into newsgathering.

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Land Reforms

Mission ‘Lal Lakir’

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Mission ‘Lal Lakir’

Mains level: Not Much

The Punjab state cabinet has approved the implementation of mission ‘Lal Lakir’.

Try this MCQ:

Q.The SVAMITVA Scheme sometimes seen in the news is related to:

Urban Employment/ Land records management/ Child Adoption/ None of these

Mission ‘Lal Lakir’

  • ‘Lal Lakir’ refers to land that is part of the village ‘abaadi’ (habitation) and is used for non-agriculture purposes only.
  • The mission is aimed at facilitating villagers to monetize property rights and availing benefits provided by government departments, institutions and banks in all villages across the state.
  • As no record of rights is available for such properties within the ‘Lal Lakir’, the same cannot currently be monetized as per the real value of the property and no mortgages can be created on such properties.
  • There are households within the ‘Lal Lakir’, which do not own property other than the areas within the ‘Lal Lakir’, and are thus at a disadvantage.

An extension to SVAMITVA

  • Under the mission, the right of record of properties within ‘Lal Lakir’ in the villages of the state will be prepared with the cooperation of the government of India under the SVAMITVA scheme.
  • SVAMITVA stands for Survey of Villages and Mapping with Improvised Technology in Village Areas.
  • This will enable mapping the land, households, habitation and all other areas falling within ‘Lal Lakir’.
  • It will go a long way in improving the living standard of villagers and boosting their self-esteem.

Back2Basics: SVAMITVA

  • SVAMITVA stands for Survey of Villages and Mapping with Improvised Technology in Village Areas.
  • Under the scheme, the latest surveying technology such as drones will be used for measuring the inhabited land in villages and rural areas.
  • The mapping and survey will be conducted in collaboration with the Survey of India, State Revenue Department and State Panchayati Raj Department under the Ministry of Panchayati Raj.
  • The drones will draw the digital map of every property falling in the geographical limit of each Indian village.
  • Property Cards will be prepared and given to the respective owners.

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Innovations in Sciences, IT, Computers, Robotics and Nanotechnology

Life deep beneath Antarctica’s ice shelves

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Life under Antarctic

Mains level: Not Much

Researchers have accidentally discovered living under the ice shelves of the Antarctic — in extremely cold and harsh conditions.

Life beneath the Antarctic

  • Scientists have discovered sessile sponges — a pore bearing multicellular organism and other alien species — attached to the sides of rock beneath the ice sheets.
  • The unidentified species are estimated to be related to sponges, ascidians (sea squirts), hydroids, barnacles, cnidarian or polychaete. All of these look like bristle worms.
  • Scientists are yet to discover how these organisms access food.
  • They would use Environment Deoxyribonucleic acid (e-DNA) technology in future to identify the organisms.

Organisms discovered

Sponges

  • Sponges are the members of the phylum Porifera.
  • They are multicellular organisms that have bodies full of pores and channels allowing water to circulate through them, consisting of jelly-like mesohyl sandwiched between two thin layers of cells.

Ascidians

  • Ascidians, or sea squirts, are invertebrate chordates that belong to the earliest branch in the chordate phylum.
  • Ascidians are found all over the world, usually in shallow water with salinities over 2.5%.

Hydroids

  • Hydroids are a life stage for most animals of the class Hydrozoa, small predators related to jellyfish.
  • Some hydroids such as the freshwater Hydra are solitary, with the polyp attached directly to the substrate.

Barnacles 

  • Barnacles are a highly specialized group of crustaceans.
  • A barnacle is a type of arthropod related to crabs and lobsters.

Cnidarians

  • Cnidarians, also called coelenterate, any member of the phylum Cnidaria (Coelenterata), a group made up of more than 9,000 living species.
  • Mostly marine animals, the cnidarians include the corals, hydras, jellyfish, Portuguese men-of-war, sea anemones, sea pens, sea whips, and sea fans.

Now take this chance to revise your biology basics on various phyla. It will be beneficial for state PSC exams. UPSC has also begun puzzling us on core biology questions.

Defying old theories

  • The discovery has left many of them baffled for it contradicts earlier theories of non-survival of life in such extreme conditions.
  • Until now, scientists believed that sea life decreased with an increase in the depth of the Antarctic ice floor.

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