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  • Right To Privacy

    Contentious Clauses in Data Protection Bill

    | Polity | Mains Paper 2: Indian Constitution – historical underpinnings, evolution, features, amendments, significant provisions and basic structure

    The Joint Parliamentary Committee on Data Protection has found a middle ground on certain contentious clauses. Many panellists had objected to the clause, saying that it made the entire Act infructuous.

    What is the issue?

    • The Data Protection Law has some clauses in the name of “sovereignty”, “friendly relations with foreign states” and “security of the state”.
    • These clauses allow any agency under the Union government exemption from all or any provisions of the law.
    • The legislation gives powers to the Central government to suspend all or any of the provisions of the Act for government agencies.

    Personal Data Protection Bill, 2019

    • The PDP Bill was introduced in Lok Sabha by the Minister of Electronics and Information Technology in 2019.
    • The Bill seeks to provide for protection of personal data of individuals, and establishes a Data Protection Authority for the same.

    Here are the key features:

    Applicability

    • The Bill governs the processing of personal data by: (i) government, (ii) companies incorporated in India and (iii) foreign companies dealing with personal data of individuals in India.
    • Personal data is data which pertains to characteristics, traits or attributes of identity, which can be used to identify an individual.
    • The Bill categorises certain personal data as sensitive personal data.
    • This includes financial data, biometric data, caste, religious or political beliefs, or any other category of data specified by the government, in consultation with the Authority and the concerned sectoral regulator.

    Data fiduciary and his obligations

    • A data fiduciary is an entity or individual who decides the means and purpose of processing personal data. Such processing will be subject to certain purpose, collection and storage limitations.
    • For instance, personal data can be processed only for specific, clear and lawful purpose.
    • Additionally, all data fiduciaries must undertake certain transparency and accountability measures such as: (i) implementing security safeguards (such as data encryption and preventing misuse of data), and (ii) instituting grievance redressal mechanisms to address complaints of individuals.
    • They must also institute mechanisms for age verification and parental consent when processing sensitive personal data of children.

    Rights of the individual

    The Bill sets out certain rights of the individual (or data principal).  These include the right to:

    1. Obtain confirmation from the fiduciary on whether their personal data has been processed
    2. Seek correction of inaccurate, incomplete, or out-of-date personal data
    3. Have personal data transferred to any other data fiduciary in certain circumstances and
    4. Restrict continuing disclosure of their personal data by a fiduciary, if it is no longer necessary or consent is withdrawn

    Grounds for processing personal data

    • The Bill allows the processing of data by fiduciaries only if consent is provided by the individual. However, in certain circumstances, personal data can be processed without consent.
    • These include: (i) if required by the State for providing benefits to the individual, (ii) legal proceedings, (iii) to respond to a medical emergency.

    Social media intermediaries

    • The Bill defines these to include intermediaries which enable online interaction between users and allow for sharing of information.
    • All such intermediaries which have users above a notified threshold, and whose actions can impact electoral democracy or public order, have certain obligations, which include providing a voluntary user verification mechanism for users in India.

    Data Protection Authority

    • The Bill sets up a Data Protection Authority which may: (i) take steps to protect interests of individuals, (ii) prevent misuse of personal data, and (iii) ensure compliance with the Bill.
    • It will consist of a chairperson and six members, with at least 10 years’ expertise in the field of data protection and information technology.
    • Orders of the Authority can be appealed to an Appellate Tribunal. Appeals from the Tribunal will go to the Supreme Court.

    Transfer of data outside India

    • Sensitive personal data may be transferred outside India for processing if explicitly consented to by the individual, and subject to certain additional conditions.
    • However, such sensitive personal data should continue to be stored in India.
    • Certain personal data notified as critical personal data by the government can only be processed in India.

    Exemptions:

    The central government can exempt any of its agencies from the provisions of the Act:

    1. In interest of security of state, public order, sovereignty and integrity of India and friendly relations with foreign states
    2. For preventing incitement to commission of any cognisable offence (i.e. arrest without warrant) relating to the above matters
    • Processing of personal data is also exempted from provisions of the Bill for certain other purposes such as: (i) prevention, investigation, or prosecution of any offence, or (ii) personal, domestic, or (iii) journalistic purposes.
    • However, such processing must be for a specific, clear and lawful purpose, with certain security safeguards.

    Sharing of non-personal data with government:

    The central government may direct data fiduciaries to provide it with any:

    1. Non-personal data and
    2. Anonymised personal data for better targeting of services.

    Amendments to other laws

    • The Bill amends the Information Technology Act, 2000 to delete the provisions related to compensation payable by companies for failure to protect personal data.

     

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  • Air Pollution

    Probe shows use of toxic material in firecrackers: Supreme Court

    Prelims Only | Enviro & Biodiversity | Mains Paper 3: Conservation, Environmental Pollution & Degradation, Eia

    The Supreme Court has said a preliminary enquiry by the CBI into the firecracker industry, including in Tamil Nadu, revealed rampant violation of its ban on use of toxic ingredients like Barium and its salts.

    Air Pollution created by firecrackers

    • Firing crackers increase the concentration of dust and pollutants in the air.
    • After firing, the fine dust particles get settled on the surrounding surfaces which are packed with chemicals like copper, zinc, sodium, lead, magnesium, cadmium and pollutants like oxides of sulphur and nitrogen.
    • These invisible yet harmful particles affect the environment and in turn, put our health at stake.

    Harmful elements used

    • Copper: Irritates the respiratory tract.
    • Cadmium: Leads to anemia by reducing the capacity of blood to carry oxygen.
    • Zinc: Can cause metal fume fever and induces vomiting.
    • Lead: Harms the nervous system.
    • Magnesium: Metal fume fever is caused by Magnesium fumes.
    • Sodium: It is a highly reactive element and caused burns when it is combined with moisture.

    Why is the issue in news now?

    Ans. Barium content

    • A chemical analysis of the samples of finished and semi-finished firecrackers and raw materials taken from the manufacturers showed Barium content.
    • The court stated that loose quantities of Barium were purchased from the market.
    • Also, firecracker covers did not show the manufacture or expiry dates.

    Issues with Barium

    • Barium nitrate, which emits green flames when a cracker is lit, is a metal oxide that increases both air and noise pollution.
    • There is is no clarity on whether barium nitrate can actually be used or not.

    Alternatives: Green Crackers

    • The new CSIR-NEERI formulation for green crackers has NO barium nitrate — one of the key ingredients of traditional firecrackers.
    • These crackers have been named “safe water releaser (SWAS)”, “safe minimal aluminium (SAFAL)” and “safe thermite cracker (STAR)”.
    • The three crackers release water vapour or air as a dust suppressant and diluent for gaseous emissions.
    • These products can only be manufactured by those who have signed a non-disclosure agreement (NDA) with CSIR-NEERI.
    • The green crackers are sold with a unique logo on the box, and will also have a QR code with production and emission details.

     

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  • US policy wise : Visa, Free Trade and WTO

    What is H-1B Visa?

    Prelims Only | International Relations | Mains Paper 2: Indian Diaspora

    The need for H-1B visas will continue to exist till the ‘talent challenge’ is tackled globally, even though the information technology industry has successfully adopted the work-from-home model amid pandemic-related travel restrictions.

    Various US Visa Programs

    1) H-1B visa

    What is it: The H-1B visa category covers individuals who “work in a speciality occupation, engage in cooperative research and development projects administered by the US Department of Defense or are fashion models that have national or international acclaim and recognition.”

    Who’s covered: The H-1B is most well known as a visa for skilled tech workers, but other industries, like health care and the media, also use these visas.

    2) H-2B visa

    What it is: According to USCIS, the H-2B program allows US employers or agents “to bring foreign nationals to the United States to fill temporary non-agricultural jobs.”

    Who’s covered: They generally apply to seasonal workers in industries like landscaping, forestry, hospitality and construction.

    3) J-1 visa

    What it is: The J-1 visa is an exchange visitor visa for individuals approved to participate in work-and-study-based exchange visitor programs in the United States.

    Who’s covered:     The impacted people include interns, trainees, teachers, camp counsellors, au pairs and participants in summer work travel programs.

    4) L-1 visa

    What it is: The L1 Visa is reserved for managerial or executive professionals transferring to the US from within the same company, or a subsidiary of it. The L1 Visa can also be used for a foreign company opening up US operations.

    Who’s covered: Within the L1 Visa, there are two subsidiary types of visas

    • L1A visa for managers and executives.
    • L1B visa for those with specialized knowledge.

     

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  • Health Sector – UHC, National Health Policy, Family Planning, Health Insurance, etc.

    Antimalarial drug resistance in India

    Prelims Only | Governance | Mains Paper 3: Awareness in various sc and tech fields

    In recent years there is increasing evidence for the failure of artemisinin-based combination therapy for falciparum malaria either alone or with partner drugs.

    What is Malaria?

    • Malaria is caused by the bite of the female Anopheles mosquito if the mosquito itself is infected with a malarial parasite.
    • There are five kinds of malarial parasites — Plasmodium falciparum, Plasmodium vivax (the commonest ones), Plasmodium malariae, Plasmodium ovale and Plasmodium knowlesi.
    • Therefore, to say that someone has contracted the Plasmodium ovale type of malaria means that the person has been infected by that particular parasite.

    Burden of Malaria in India

    • In 2018, the National Vector-borne Disease Control Programme (NVBDCP) estimated that approximately 5 lakh people suffered from malaria.
    • 63% of the cases were of Plasmodium falciparum.
    • The recent World Malaria Report 2020 said cases in India dropped from about 20 million in 2000 to about 5.6 million in 2019.

    Treatment of Malaria

    • Malaria is treated with prescription drugs to kill the parasite. Chloroquine is the preferred treatment for any parasite that is sensitive to the drug.
    • In most malaria-endemic countries including India, Artemisinin-based antimalarial drugs are the first-line choice for malaria treatment.
    • This is especially against Plasmodium falciparum parasite which is responsible for almost all malaria-related deaths in the world.

    Why in news now?

    • There are reports of artemisinin resistance in East Africa and is a matter of great concern as this is the only drug that has saved several lives across the globe.
    • In India, after the failure of chloroquine to treat P. falciparum malaria successfully, artemisinin-based combination therapy was initially introduced in 2008.
    • Currently, several combinations of artemisinin derivatives are registered in India.

    Artemisinin-based combination therapy failure in India

    • In 2019, a report from Eastern India indicated the presence of two mutations in P. falciparum cases treated with artemisinin that linked to its presence of resistance.
    • Again in 2021, artemisinin-based combination therapy failure was reported from Central India where the partner drug SP showed triple mutations with artemisinin wild type.
    • This means the failure of artemisinin-based combination therapy may not be solely linked to artemisinin. Here it is needed to change the partner drug as has been done in NE states in 2013.

    History of drug resistance

    • In the 1950s chloroquine resistance came to light.
    • Both chloroquine and pyrimethamine resistance originated from Southeast Asia following their migration to India and then on to Africa with disastrous consequences.
    • Similarly, artemisinin resistance developed from the six Southeast Asian countries and migrated to other continents, as is reported in India and Africa.
    • It would not be out of context that artemisinin is following the same path as has been seen with chloroquine.
    • Now, the time has come to carry out Molecular Malaria Surveillance to find out the drug-resistant variants so that corrective measures can be undertaken in time to avert any consequences.
    • Some experts even advocate using triple artemisinin-based combination therapies where the partner drug is less effective.

    Try this PYQ:

    Widespread resistance of malarial parasite to drugs like chloroquine has prompted attempts to develop a malarial vaccine to combat malaria.

    Why is it difficult to develop an effective malaria vaccine?

    (a) Malaria is caused by several species of Plasmodium

    (b) Man does not develop immunity to malaria during natural infection

    (c) Vaccines can be developed only against bacteria

    (d) Man is only an intermediate host and not the definitive host

     

    Post your answers here.

     

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  • Renewable Energy – Wind, Tidal, Geothermal, etc.

    [pib] Renewable Energy Certificate (REC) Mechanism

    PIB | Economics | Mains Paper 3: Infrastructure: Energy, Ports, Roads, Airports, Railways Etc.

    Union Minister of Power and New & Renewable Energy has given his assent to amendments in the existing Renewable Energy Certificate (REC) mechanism.

    What are RECs?

    • Renewable Energy Certificates (REC) is a policy instrument to catalyze the development of renewable energy.
    • It is a market-based mechanism that will help the states meet their regulatory requirements (such as Renewable Purchase Obligations (RPOs)) by overcoming the geographical constraints on existing renewable potential in different states.

    REC Mechanism

    • REC mechanism is a market-based instrument to promote renewable energy and facilitate compliance of renewable purchase obligations (RPO).
    • It is aimed at addressing the mismatch between availability of RE resources in state and the requirement of the obligated entities to meet the RPO.
    • 1 REC is treated as equivalent to 1 MWh.

    How many types of RECs are there?

    There are two categories of RECs, viz., solar RECs and non-solar RECs.

    1. Solar RECs are issued to eligible entities for generation of electricity based on solar as renewable energy source.
    2. Non-solar RECs are issued to eligible entities for generation of electricity based on renewable energy sources other than solar.

    Sources of revenue under REC mechanism

    • Revenue for a RE generator under REC scheme includes revenue from the sale of electricity component of RE generation and the revenue from the sale of environmental attributes in the form of RECs.

    What are the proposed changes?

    The salient features of changes proposed in revamped REC mechanism are:

    • Validity of REC would be perpetual i.e., till it is sold.
    • Floor and forbearance prices are not required to be specified.
    • The RE generator who are eligible for REC, will be eligible for issuance of RECs for the period of PPA as per the prevailing guidelines.
    • The existing RE projects that are eligible for REC would continue to get RECs for 25 years.
    • A technology multiplier can be introduced for promotion of new and high priced RE technologies, which can be allocated in various baskets specific to technologies depending on maturity.
    • RECs can be issued to obligated entities (including DISCOMs and open access consumers) which purchase RE Power beyond their RPO compliance notified by the Central Government.
    • No REC to be issued to the beneficiary of subsidies/concessions or waiver of any other charges.
    • Allowing traders and bilateral transactions in REC mechanism.

     

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  • Trade Sector Updates – Falling Exports, TIES, MEIS, Foreign Trade Policy, etc.

    [pib] National Export Insurance Account (NEIA) Scheme

    PIB | Economics | Mains Paper 3: Effects Of Liberalization On The Economy, Changes In Industrial Policy and their effects on Industrial Growth

    The Centre has approved the contribution of Grant-in-aid (Corpus) of ₹1,650 Crore to the National Export Insurance Account (NEIA).

    National Export Insurance Account Scheme

    • NEIA Trust was established in 2006 to promote project exports from India that are of strategic and national importance.
    • The NEIA Trust promotes Medium and Long Term (MLT) /project exports.
    • It extends (partial/full) support to covers issued by ECGC (ECGC Ltd, formerly known as Export Credit Guarantee Corporation of India Ltd.) to MLT/project export and to Exim Bank for Buyer’s Credit (BC-NEIA) tied to project exports from India.

    Benefits offered

    • The capital infusion in NEIA Trust will help the Indian Project Exporters (IPE) to tap the huge potential of project exports in focus market.
    • Support to project exports with Indian content sourced from across the country will enhance the manufacturing in India.
    • In addition, assuming an average 75% Indian content in the projects, it is estimated that around 12000 workers will move into formal sector.

    Performance highlights

    • Since inception, NEIA has extended 213 covers, with a consolidated project value of Rs. 53,000 crores, to 52 countries as of 31st August 2021.
    • Its impact in enabling project exports has been most significant in Africa and South Asia.

     

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  • Monsoon Updates

    The Atlantic Niño’s role in India’s erratic monsoon

    | Trivia | Mains Paper 1: Salient Features Of World’S Physical Geography

    Context

    Last month, farmers from Madhya Pradesh threatened to take IMD to court for the inaccurate monsoon forecast this year. A question was also raised in Parliament about whether the Arctic warming had led to an erratic monsoon this year.

    Understanding the role of Atlantic Niño in monsoon prediction

    • Monsoon predictions are a monumental challenge, especially when it comes to the spatial distribution and the northward migration of the monsoon trough.
    • Forecast models tend to rely heavily on El Niño for monsoon predictions.
    • But only about 50 per cent of the dry years are explained by El Niño.
    • Clearly, Atlantic Niño is a significant player in monsoon evolution and models and forecasters must pay attention to this Atlantic teleconnection.
    • Atlantic Niño is El Niño’s little cousin in the Atlantic, also known as the Atlantic Zonal Mode.
    • Indian scientists from INCOIS have argued that the Atlantic Niño is in fact predictable up to three months in advance.
    • Every few years, from June to August, there is a warming in the eastern equatorial Atlantic, which does not get as much attention as its big brother El Niño.
    • The biggest rainfall deficits from the Atlantic Niño tend to occur over the Western Ghats and the core monsoon zone.

    How Atlantic Niño plays a role if Indian and Atlantic Oceans are not connected?

    • The Atlantic and Indian Oceans are not directly connected in the tropics via the ocean.
    • The Atlantic Niño affects the monsoon by producing atmospheric waves, which propagate into the Indian Ocean.
    • These waves affect air temperatures over the Indian Ocean and influence the land-ocean thermal contrast as well as Low Pressure Systems (LPS).

    Way forward

    • Overall, monsoon prediction skill has gone up in the IMD but even a 70 per cent accuracy means the forecasts will be wrong 30 per cent of the time.
    • Many of the Atlantic Niños occur during non-El Niño years and this offers a window of opportunity to increase forecast skills based on the accurate prediction of the Atlantic Niño.

    Conclusion

    No forecasts will ever be 100 per cent accurate. Climate scientists are also aware of the monsoon prediction challenge and they will continue to try to improve monsoon forecasts.

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    Back2Basics:  El Niño and La Niña

    • These periodic weather patterns occur as a result of fluctuating ocean temperatures in one part of the world, namely the east-central equatorial Pacific Ocean.
    • This can lead to extreme weather.
    • When warm water builds up along the central and eastern tropical Pacific Ocean, an El Niño occurs.
    • Conversely, when cool water builds up along the same region, a La Niña occurs with the opposite impact.

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  • Foreign Policy Watch: India-United States

    Four geopolitical developments and a window of opportunity for India

    op-ed snap | International Relations | Mains Paper 2: Bilateral, Regional and Global Groupings and agreements involving India

    A number of important developments has taken place over the past several weeks. They may appear disconnected but in fact add up to a significant shift in regional and global geopolitics.

    Four major recent developments

    1. Withdrawal of US and NATO forces from Afghanistan: The complete takeover of the country by the Taliban
    2. Significant domestic political changes in China: The ideological and regulatory assault against its dynamic private high-tech companies and now its real estate companies
    3. Announcement of the Australia-UK and US (AUKUS): It represents a major departure in US strategy by its commitment to enable Australia to join a handful of countries with nuclear submarines
    4. Convening of the Quad physical summit in Washington: A major step towards its formalisation as an influential grouping in the Indo-Pacific going beyond security

    Risks and opportunity for India

    These four developments, taken together, present India with both risks but also with opportunities.  In affirmation, one can conclude that the opportunities outweigh the risks.

    [A] Risks in Afghanistan

    • The Afghan situation is a setback for India in the short run.
    • The political capital and economic presence it had built up in the country over the past two decades has been substantially eroded.
    • The Taliban government is dominated by more hard-line and pro-Pakistani elements.
    • They will help deliver on the Pakistani agenda of preventing a revival of Indian diplomatic presence and developmental activity in Afghanistan.

    Future of Taliban

    • In the longer run, it seems unlikely that the Taliban will give up its obscurantist and extremist agenda.
    • This may lead to domestic inter-ethnic and sectarian conflict.
    • The unwillingness of the Taliban to cut its links with various jihadi groups, including those targeting Afghanistan’s neighbours, may revive regional and international fears over cross-border terrorism.

    How should India defer the Taliban?

    • India’s response should be to bide its time, strengthen its defences against an uptick in cross-border terrorism.
    • India can keep its faith with the ordinary people of Afghanistan, provide shelter to those who have sought refuge.
    • It can join in any international effort to deliver humanitarian assistance to the people of Afghanistan.

    [B] Domestic political change in China

    • This is taking an ideological and populist direction.
    • The country’s vibrant private sector is being reined in while the State-Owned Enterprises (SOE) are back in a central role.
    • After the tech sector, it is the large real estate sector that is facing regulatory assault.

    Concerns for investors

    • This is leading to deepening concern among foreign investors, including those who have long been champions of long-term engagement with China.

    Opportunities for India

    • It is not coincidental that while in NYC, our PM had meetings with the CEOs of Blackstone and Qualcomm, both of which are heavily invested in China but are reconsidering their exposure there.
    • If India plays its cards well, this time round there could be significant capital and technology flows from the US, Japan and Europe diverted towards India because it offers scale comparable to China.
    • Since India has benign partnerships with the US, Japan and Europe, there are no political constraints on such flows.

    [C] AUKUS and QUAD

    • The AUKUS and progress made by the Quad serve to raise the level of deterrence against China.
    • It is useful since it has now become the core of the US’s Indo-Pacific strategy. China will be more focused on its activities.
    • The Quad now represents, from the Chinese perspective, a second order threat.

    Underlying opportunities

    • This offensive against China suits us since we are not ready to embrace a full-fledged military alliance which will constrain our room for manoeuvre.

    Why should India gauge these opportunities?

    • China has given up the expectation that it could unify Taiwan through peaceful and political means, including through closer economic integration.
    • It has lost its credibility after the recent crackdown on civil liberties in Hong Kong.
    • China may advance its forcible takeover of Taiwan before the AUKUS gets consolidated.
    • The nuclear submarines for Australia may not be built and deployed for several years.
    • We may, therefore, be entering a period of enhanced uncertainty and danger in the Indo-Pacific.

    India’s area for introspection

    • The constraints are policy unpredictability, regulatory rigidities and bureaucratic red tape in India.
    • Some of these issues are being addressed, such as dropping of retrospective taxation.
    • But there is still a long way to go.

    Way forward

    All these developments has heightened risk perception among international business and industry who have hitherto seen China as a huge commercial opportunity.

    • For India, some bold initiatives are required to take advantage of the window of opportunity that has opened.
    • It is a narrow window with a very short shelf life.
    • If grasped with both hands, then it could deliver double-digit growth for India for the next two or three decades.
    • This will shrink the asymmetry of power with China and expand India’s diplomatic options.

    Conclusion

    • India should not be caught off guard. Failure of deterrence in the Indo-Pacific will have consequences beyond the region and change the geopolitical context for India.
    • For now, let us focus on what we can do to advance India’s economic prospects, for which the times are unexpectedly more propitious.

     

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  • Health Sector – UHC, National Health Policy, Family Planning, Health Insurance, etc.

    Explained: Digital Health ID

    | Governance | Mains Paper 2: Health & Education

    The PM has recently launched the flagship Ayushman Bharat Digital Mission (ABDM) which involves the creation not just a unique digital health ID for every citizen.

    Ayushman Bharat Digital Mission

    What is the unique health ID?

    • If a person wants to be part of the ABDM, she must create a health ID, which is a randomly generated 14-digit number.
    • The ID will be broadly used for three purposes: unique identification, authentication, and threading of the beneficiary’s health records, only with their informed consent, across multiple systems and stakeholders.

    Why is this initiative significant?

    • The initiative has the potential to “increase the ease of living” along with “simplifying the procedures in hospitals”.
    • At present, the use of digital health ID in hospitals is currently limited to only one hospital or to a single group, and mostly concentrated in large private chains.
    • The new initiative will bring the entire ecosystem on a single platform.
    • The system also makes it easier to find doctors and specialists nearest to you.
    • Currently, many patients rely on recommendations from family and friends for medical consultation, but now the new platform will tell the patient who to reach out to, and who is the nearest.
    • Also, labs and drug stores will be easily identified for better tests using the new platform.

    How can one get it?

    • One can get a health ID by self-registration on the portal or by downloading the ABMD Health Records app on one’s mobile.
    • Additionally, one can also request the creation of a health ID at a participating health facility.
    • Health facilities may include government or private hospitals, community health centres, and wellness centres of the government across India.
    • The beneficiary will also have to set up a Personal Health Records (PHR) address for consent management, and for future sharing of health records.

    What is a PHR address?

    • It is a simple self-declared username, which the beneficiary is required to sign into a Health Information Exchange and Consent Manager (HIE-CM).
    • Each health ID will require linkage to a consent manager to enable sharing of health records data.
    • An HIE-CM is an application that enables sharing and linking of personal health records for a user.
    • At present, one can use the health ID to sign up on the HIE-CM; the National Health Authority (NHA), however, says multiple consent managers are likely to be available for patients to choose from in the near future.

    What does one need to register for a health ID?

    • Currently, ABDM supports health ID creation via mobile or Aadhaar.
    • The official website states that ABDM will soon roll out features that will support health ID creation with a PAN card or a driving licence.
    • For health ID creation through mobile or Aadhaar, the beneficiary will be asked to share details on name, year of birth, gender, address, mobile number/Aadhaar.

    Is Aadhaar mandatory?

    Ans. No, it is voluntary.

    • One can use one’s mobile number for registration, without Aadhaar.
    • If the beneficiary chooses the option of using her Aadhaar number, an OTP will be sent to the mobile number linked to the Aadhaar.
    • However, if she has not linked it to her mobile, the beneficiary has to visit the nearest facility and opt for biometric authentication using Aadhaar number.
    • After successful authentication, she will get her health ID at the participating facility.

    Are personal health records secure?

    • The NHA says ABDM does not store any of the beneficiary health records.
    • The records are stored with healthcare information providers as per their “retention policies”.
    • They are “shared” over the ABDM network “with encryption mechanisms” only after the beneficiary express consent.

    Can one delete my health ID and exit the platform?

    Ans. Yes, the NHA says ABDM, supports such a feature.  Two options are available: a user can permanently delete or temporarily deactivate her health ID.

    • On deletion, the unique health ID will be permanently deleted, along with all demographic details.
    • The beneficiary will not be able to retrieve any information tagged to that health ID in the future, and will never be able to access ABDM applications or any health records over the ABDM network with the deleted ID.
    • On deactivation, the beneficiary will lose access to all ABDM applications only for the period of deactivation.
    • Until she reactivates her health ID, she will not be able to share the ID at any health facility or share health records over the ABDM network.

    What facilities are available to beneficiaries?

    • Users can access personal digital health records right from admission through treatment and discharge.
    • One can access and link his/her personal health records with your health ID to create a longitudinal health history.

    What other features will be rolled out?

    • Upcoming new features will enable access to verified doctors across the country.
    • The beneficiary can create a health ID for her child, and digital health records right from birth.
    • Third, she can add a nominee to access her health ID and view or help manage the personal health records.
    • Also, there will be much inclusive access, with the health ID available to people who don’t have phones, using assisted methods.

    How do private players get associated with a government digital ID?

    • The NHA has launched the NDHM Sandbox: a digital architecture that allows helps private players to be part of the National Digital Health Ecosystem as health information providers or health information users.
    • The private player sends a request to NHA to test its system with the Sandbox environment.
    • The NHA then gives the private player a key to access the Sandbox environment and the health ID application programming interface (API).
    • The private player then has to create a Sandbox health ID, integrate its software with the API; and register the software to test link records and process health data consent requests.
    • Once the system is tested, the system will ask for a demo to the NHA to move forward. After a successful demo, the NHA certifies and empanels the private hospital.

    Now try this PYQ:

    Consider the following statements:

    1. Aadhaar metadata cannot be stored for more than three months.
    2. State cannot enter into any contract with private corporations for sharing of Aadhaar data.
    3. Aadhaar is mandatory for obtaining insurance products.
    4. Aadhaar is mandatory for getting benefits funded out of the Consolidated Fund of India.

    Which of the statements given above is/are correct?

    (a) 1 and 4 only

    (b) 2 and 4 only

    (c) 3 only

    (d) 1, 2 and 3 only

     

    Post your answers here.

     

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  • Anti Defection Law

    Anti-defection Law

    | Polity | Mains Paper 2: Parliament & State Legislatures

    An independent MLA from Gujarat is said to have has joined a national political party “in spirit” as he could not formally do so, having been elected as an independent.

    What is Anti-defection Law?

    • The Anti-Defection Law under the Tenth Schedule of the Constitution punishes MPs/ MLAs for defecting from their party by taking away their membership of the legislature.
    • It gives the Speaker of the legislature the power to decide the outcome of defection proceedings.
    • It was added to the Constitution through the Fifty-Second (Amendment) Act, 1985 when Rajiv Gandhi was PM.
    • The law applies to both Parliament and state assemblies.

    Why in news?

    • The anti-defection law specifies the circumstances under which changing of political parties by legislators invites action under the law.
    • It includes situations in which an independent MLA, too, joins a party after the election.

    Why are independents important?

    • Independents give voters better opportunities to express their preferences.
    • This can improve political representation, as independents are free from the dictates of a party line, and have the flexibility to represent local preferences in a way that party-affiliated candidates often do not.

    Cases consider under the anti-defection law

    The law covers three scenarios with respect to shifting of political parties by an MP or an MLA.

    (1) Voluntary give-up

    • The first is when a member elected on the ticket of a political party “voluntarily gives up” membership of such a party or votes in the House against the wishes of the party.
    • Such persons lose his seat.

    (2) Independent members

    • When a legislator who has won his or her seat as an independent candidate joins a political party after the election.
    • In both these instances, the legislator loses the seat in the legislature on changing (or joining) a party.

    (3) Nominated MPs

    • In their case, the law gives them six months to join a political party, after being nominated.
    • If they join a party after such time, they stand to lose their seat in the House.

    Covering independent members

    • In 1969, a committee chaired by Home Minister Y B Chavan examined the issue of defection.
    • It observed that after the 1967 general elections, defections changed the political scene in India: 176 of 376 independent legislators later joined a political party.
    • However, the committee did not recommend any action against independent legislators.
    • A member disagreed with the committee on the issue of independents and wanted them disqualified if they joined a political party.
    • In the absence of a recommendation on this issue by the Chavan committee, the initial attempts at creating the anti-defection law (1969, 1973) did not cover independent legislators joining political parties.
    • The next legislative attempt, in 1978, allowed independent and nominated legislators to join a political party once.
    • But when the Constitution was amended in 1985, independent legislators were prevented from joining a political party and nominated legislators were given six months’ time.

    Powers to disqualification

    • Under the anti-defection law, the power to decide the disqualification of an MP or MLA rests with the presiding officer of the legislature.
    • The law does not specify a time frame in which such a decision has to be made.
    • As a result, Speakers of legislatures have sometimes acted very quickly or have delayed the decision for years — and have been accused of political bias in both situations.

    Try this easy PYQ:

    Which one of the following Schedules of the Constitution of India contains provisions regarding anti-defection?

    (a) Second Schedule

    (b) Fifth Schedule

    (c) Eighth Schedule

    (d) Tenth Schedule

    Post your answers here

     

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