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  • Plantation Agriculture – RISPC, Tea Act, etc.

    Seabuckthorn plantations in Himachal Pradesh

    The Himachal Pradesh government has decided to start planting Seabuckthorn in the cold desert areas.

    What is Seabuckthorn?

    • It’s a shrub that produces an orange-yellow coloured edible berry.
    • In India, it is found above the tree line in the Himalayan region, generally in dry areas such as the cold deserts of Ladakh and Spiti.
    • In Himachal Pradesh, it is locally called Himalayan chharma and grows in the wild in Lahaul and Spiti and parts of Kinnaur.
    • According to the Seabuckthorn Association of India, around 15,000 hectares in Himachal, Ladakh, Uttarakhand, Sikkim and Arunachal Pradesh are covered by this plant.

    Try this PYQ from CSP 2019:

    Q.Recently, there was a growing awareness in our country about the importance of Himalayan nettle (Girardinia diversifolia) because it is found to be a sustainable source of

    (a) anti-malarial drug

    (b) biodiesel

    (c) pulp for paper industry

    (d) textile fibre

    Benefits of the Seabuckthorn plant

    (1) Medicinal benefits

    • As a folk medicine, Seabuckthorn has been widely used for treating stomach, heart and skin problems.
    • In the last few decades, scientific research worldwide has backed many of its traditional uses.
    • Its fruit and leaves are rich in vitamins, carotenoids and omega fatty acids, among other substances, and it can help troops in acclimatizing to high-altitude.

    (2) Ecological benefits

    • Besides being an important source of fuelwood and fodder, Seabuckthorn is a soil-binding plant that prevents soil-erosion, checks siltation in rivers and helps preserve floral biodiversity.
    • In the Lahaul valley, where willow trees are dying in large numbers due to pest attack, this hardy shrub is a good alternative for protecting the local ecology.

    (3) Commercial benefits

    • Seabuckthorn also has commercial value, as it is used in making juices, jams, nutritional capsules etc.
    • But wild Seabuckthorn cannot sustainably supply raw material to the industry, and the plant needs to be cultivated on a large scale as is being done in China.

    What is the latest project?

    • The Seabuckthorn association wants the forest departments of various Himalayan states/UTs to plant Seabuckthorn on arid and marginal lands using compensatory afforestation or CAMPA funds.
    • Recently, the union ministry of environment, forest and climate change asked these states to submit proposals for taking up such plantations.
    • This is in the light of reduced water flow from Himalayan glaciers and their impact on ecology.
  • Climate Change Negotiations – UNFCCC, COP, Other Conventions and Protocols

    Working towards climate justice in a non-ideal world

    The new U.S. administration has renewed its commitment to climate actions by reconvening the Major Economies Forum. This has several implications for India and the developing countries. The article deals with this issue.

    Reconvening MEF and its implications for developing countries

    • The election of Joe Biden as U.S. President has catapulted climate change to the top of the global agenda.
    • Interestingly, the U.S. is not just striding back to the Obama signature achievement of the Paris Accord with its voluntary commitments but also to the Bush days [which was not necessarily voluntary].
    • This change is best evidenced by the presidential call to reconvene the Major Economies Forum (MEF).
    • The MEF, which was first convened in March 2009, originated in the Bush-era U.S. efforts to rope in major emitters.
    • It was also to push a way forward on climate change without heed to the principle of differentiated responsibilities and recognition of historical responsibilities.
    • These two are hallowed principles of the climate discourse given the decades of staying power of greenhouse gases (GHGs) in the atmosphere.

    Changing approach implications for India

    • All countries have been told to commit to net zero (GHG emissions) by 2050 with credible plans to ensure meeting this domestic target.
    • Taking a cue from the new U.S. Administration, the UN Secretary-General has even called on countries to declare national climate emergencies apart from building a coalition for a carbon-neutral world by 2050.
    • As of today, countries representing around 65% of global CO2 emissions have already agreed to this.
    • These plans and their implementation will, undoubtedly, be subject to international reviews and verification.
    • Historical responsibilities and differentiation have no place in this discourse; but neither does the level of development.
    • India can easily be in the crosshairs of such a discourse no matter its extraordinarily small carbon footprint in per-capita terms and huge development imperatives.

    Possibility of carbon border levies

    • Adding to the challenges is the distinct possibility of the EU imposing carbon border levies on those who do not take on high carbon cut-down targets and do so unilaterally if there is no global agreement.
    • While as of now the U.S. Administration appears ambivalent on these border levies, the possibility of their coming around cannot be ruled out.
    • In such a scenario, World Trade Organization rules that presently exclude the use of tariffs on environmental grounds will certainly get modified.

    A fund pay-in idea

    • To deal with the issue of climate finance, Raghuram Rajan has recently put forward a proposal for India to consider.
    • The proposal calls on countries to pay into a global fund amounts based on their carbon emissions over and above the global per-capita average of five tons.
    • This obviously disincentives coal in a big way while incentivising renewables.
    • Those above the global average would pay, while those below would receive the monies.
    • While this would suggest a certain equity, it may be unacceptable to the developed countries even though Mr. Rajan has gone along with the drumbeat to forget historical responsibility.
    • For India, such a proposal may appear attractive as India today has per capita CO2 emission of only 2 tons and is a global record setter in pushing renewables.
    • The long-term implications of such a proposal require examination in detail, quite apart from factoring in the twists and turns that negotiations could give to such an idea.
    • And then, of course, there are alternatives such as emission trading. 

    Implications for developing countries

    • The proposal of fund pay-in allows practical considerations to trump fairness by not only giving a short shrift to historical responsibility but also denying priority access to the remaining carbon space for developing countries.
    • In that sense, it double penalises them while giving developed countries a certain free pass.
    • Here it bears noting that more than 75% of the carbon space available to humankind to keep global temperature rises to 1.5° C has already been taken up by the developed world and China.

    Consider the question “As the world seeks to tackle the climate change through climate action, delivering climate justice should also be the priority. In light of this, discuss the challenges faced by the developing countries in this regard.”

    Conclusion

    Climate justice is an imperative for India, which needs to leverage its green and pro-nature commitment to ensure carbon and policy space for its developmental and global aspirations. India’s diplomatic and negotiating efforts must be quickly geared to that end.

  • Industrial Sector Updates – Industrial Policy, Ease of Doing Business, etc.

    India as a factory for the Quad

    The article highlights how India could offer the solution to the tactical issue faced by the Quad: matching China’s manufacturing capacity.

    Strategic case for the Quad

    • The strategic case for the Quadrilateral Security Dialogue, better known as the Quad, has always been sound.
    • A rising China, with its authoritarian one-party system, is a challenge to the democratic order.
    • The strategic case for the Quad has, however, always faced a tactical hurdle.
    • China was the factory of the world.
    • It had become an almost indispensable cog in the global supply chain owing to its low-cost manufacturing prowess at a mass scale.
    • How could any grouping hope to challenge China’s power-play dynamics while at the same time being dependent on its factories to sustain its economies?

    Two recent development that changed the dynamic

    • Two recent developments have completely changed the dynamic.
    • First, Australia returned to the Malabar Naval exercises in 2020, after 13 years.
    • Second, on March 12, the first summit-level meet of the Quad — comprising the US, India, Japan and Australia — is scheduled to take place.

    Rise in India’s manufacturing ability

    • What has changed between 2007 and 2020 that Quad 2.0 has become viable is the globally visible rise in India’s manufacturing ability.
    • Consider the following examples.

    1) PPE Kit manufacturing

    • First, the success in PPE kits.
    • At the beginning of the COVID-19 pandemic, India was manufacturing zero PPE kits.
    • India not just created an overnight world-class manufacturing capacity to meet its own needs but also started exporting PPE kits.

    2) Vaccine Maitri

    • Second, the soft power of Vaccine Maitri.
    • The developed countries are scrambling to secure vaccines for their domestic population.
    • India is not only vaccinating its own people faster than any other country but is also exporting millions of vaccines to countries in need.
    • From Canada to Pakistan and from the Caribbean Islands to Brazil — Made in India vaccines have been a life vest across the globe.

    3) India’s private industry

    • Third, the enterprise of India’s private industry — a hallmark of the deepening manufacturing base.
    • As a recent New York Times report noted, when it came to syringes — without which the vaccines were useless — the global scramble again led to Indian manufactures.
    • Hindustan Syringes alone has ramped up its manufacturing capacity to almost 6,000 syringes a minute.

    4) Precision high-end manufacturing

    • The PLI scheme launched for electronics’ manufacturing evinced unprecedented global interest with 22 top companies, including the top manufactures for Apple and Samsung mobile phones.
    • Over the next five years, a manufacturing capacity of over $150 billion and exports of $100 billion have been tied up through this scheme.

    5) Figher plane manufacturing

    • Fifth, the success of India’s fourth-generation fighter jet programme and the orders placed by the Indian Air Force for 83 Tejas jets.
    • India’s success is one more milestone in its journey towards emerging as a global manufacturing destination.

    Policy changes to make India manufacturing destination

    • Concurrently, India has been reforming its economic policies to make it even more attractive as a manufacturing destination.
    • India has the lowest tax rate anywhere in the world — 15 per cent for new manufacturing units.
    • FDI norms have been relaxed across the board and automatic approval processes instituted for FDI even up to 100 per cent.
    • Privatisation of PSUs is now an established process.
    • Labour laws have been finally reformed and compliance burdens significantly eased.
    • Taxation is now faceless, thus ending the spectre of rent-seeking.
    • A well-functioning, world-class bankruptcy law is in place. Interest rates are low.
    • And India’s digital infrastructure rivals the best in the world and in many cases beats it.

    Consider the question “India’s growing prowess as the manufacturing hub could provide the Quad tactical basis by replacing China. Comment.

    Conclusion

    The only arrow that was missing in the quiver of the Quad has now been attained. The strategic case for the Quad was never in doubt. The dependence on China’s factories is what kept the grouping of democracies from emerging. India has raised its hand to solve that problem.

  • Higher Education – RUSA, NIRF, HEFA, etc.

    How to grow better colleges

    The article highlights the important role students can play in improving the quality of colleges and institution in India.

    Improving the colleges

    • The global QS ranking is out and India has 12 universities and institutions in the top-100 in particular subjects.
    • We have many colleges offering higher education but typically they are not very good.
    • Today, with a huge number of students going to college, education is tied strongly to career prospects.
    • If studying and thinking harder do not lead to even a decent chance of career improvement, it is natural for most students to lose academic ambition.

    Career prospects in various colleges

    • For admission in IIT, many work extremely hard to secure admission, but then lose motivation and drift towards near-certain graduation.
    • IIT admission is a value signal to future employers who do not see much relevance in the actual syllabus.
    • The entry wall is high, the exit wall is low, and the four-year syllabus is an obstacle course between the student and an employer with whom eye contact was made from atop the entry wall itself.
    • Students of varied subjects thus remain uninterested in their core syllabi.
    • Lower-ranked colleges may attract a slightly different mix of employment prospects, some in core areas.
    • In many colleges, both good and bad ones, high grades correlate only loosely with career outcomes. 

    Improving the college

    • Very few jobs actually require the highest quality education — the best academic and research jobs.
    • In such a system, it may not be worthwhile or even practical for a mediocre college to unilaterally improve itself.
    • Having improved, it remains to convince society that it deserves to displace the pre-eminent colleges at the top.
    • For lower-ranking colleges to improve itself, its students must first see useful value in a better education.
    • That requires system-wide growth in opportunity.

    How to achieve system-wide growth in opportunity

    • Such growth cannot be legislated from above. It must occur organically, from below.
    • There are several stakeholders involved in such transition.
    • 1) At the top are policymakers.
    • Policymakers are trying and have achieved many things.
    • In recent years, however, our demographics have caught up with us.
    • We have more than 650 million people under age 25.
    • No other country is close. We need more than policies.
    • 2) Next is industry. It faces a learning curve for technology.
    • Countries that wish to lead must develop their own technology, even at high cost.
    • Indian industry can often choose between importing slightly older technology from outside or developing things in-house.
    • A slow growth in the latter has begun and may pull our college system upward over time.
    • 3) Our next stakeholders are college teachers.
    • For a college to flourish, it needs many students who compete to enroll.
    • Our entrance exams for good engineering colleges are hard.
    • Our nationally renowned degree colleges which admit based on board marks are frequently forced to set very high cutoffs.
    • The need for more engineering colleges, for many students who are clearly good enough, has led to the creation of several private colleges that teach well in large volumes.
    • Quality of teachers’ is improving.
    • College teachers improve as their employers aim higher, and as their students bring more into the classroom.
    • 4) Finally, we have students. If students demand better instruction, colleges will sooner or later supply it.

    Way forward for students

    • Students must aim to relate their learning to society.
    • They must see their learning not as an obstacle course but as an initiation into a process that yields tangible long-term value.
    • Indian society does not merely have people looking for work.
    • It also has work looking for people: Work in food, health, design, manufacturing, transport, safety, garbage, water, energy, farming, and a hundred other things that we can do better.
    • Room for improvement is plentiful, though the market models may not be efficient or mature yet.
    • The walls between our classrooms and our lives must be broken, if our colleges are to flourish.
    • In recent decades, India has also attracted much work from overseas. Growth in that direction may well be sustained.

    Consider the question “India has many colleges and institutions offering higher education but few could get the spot in the list of top global institutes. Examine the factors responsible for this. Suggest the measures to deal with this issue.”

    Conclusion

    Such change, driven by student aspirations, will be organic, bottom-up, and unstoppable.

  • Modern Indian History-Events and Personalities

    The legacy and return of the Bamiyan Buddhas

    Two decades later after its destruction, the Bamiyan Buddhas have been brought back to life in the form of 3D projections in an event called “A Night with Buddha”.

    Bamiyan Buddhas

    • In their Roman draperies and with two different mudras, the Bamiyan Buddhas were great examples of a confluence of Gupta, Sassanian and Hellenistic artistic styles.
    • They are said to date back to the 5th century AD and were once the tallest standing Buddhas in the world.
    • Salsal and Shamama, as they were called by the locals, rose to heights of 55 and 38 metres respectively, and were said to be male and female.
    • Salsal means “the light shines through the universe”; Shamama is “Queen Mother”.
    • The statues were set in niches on either end of a cliffside and hewn directly from the sandstone cliffs.

    Try this PYQ from CSP 2014:

    Q.Lord Buddha’s image is sometimes shown with a hand gesture called ‘Bhumisparsha Mudra’. It symbolizes-

    a) Buddha’s calling of the Earth to watch over Mara and to prevent Mara from disturbing his meditation

    b) Buddha’s calling of the Earth to witness his purity and chastity despite the temptations of Mara

    c) Buddha’s reminder to his followers that they all arise from the Earth and finally dissolve into the Earth and thus this life is transitory

    d) Both the statements ‘a’ and ‘b’ are correct in this context

    The significance of Bamiyan

    • Bamiyan is situated in the high mountains of the Hindu Kush in the central highlands of Afghanistan.
    • The valley, which is set along the line of the Bamiyan River, was once integral to the early days of the Silk Roads, providing passage for not just merchants, but also culture, religion and language.
    • When the Buddhist Kushan Empire spread, acting as a crucible of sorts, Bamiyan became a major trade, cultural and religious centre.
    • As China, India and Rome sought passage through Bamiyan, the Kushans were able to develop a syncretic (mix) culture.
    • In the rapid spread of Buddhism between the 1st to 5th centuries AD, Bamiyan’s landscape reflected the faith, especially its monastic qualities.

    Taliban’s destruction of the Buddhas

    • The hardline Taliban movement, which emerged in the early 1990s, was in control of almost 90 per cent of Afghanistan by the end of the decade.
    • The destruction of the Bamiyan Buddhas was part of this extremist culture.
    • In February 2001, the Taliban declared its intention to destroy the statues, despite condemnation and protest from governments and cultural ambassadors’ world over.

    The aftermath of the destruction

    • The Taliban’s destruction of the Bamiyan Buddhas met with global criticism, many of whom saw it as a cultural crime not just against Afghanistan but also against the idea of global syncretism.
    • Following the fall, UNESCO included the remains in its list of world heritage sites in 2003, with subsequent efforts made to restore and reconstruct.
  • Promoting Science and Technology – Missions,Policies & Schemes

    Genome Mapping of the Indian Ocean

    A team of scientists and researchers from the National Institute of Oceanography (NIO) onboard its research vessel Sindhu Sadhana will work on a research project to reveal the internal working of the body of the ocean at a cellular level.

    Genome Mapping of the Indian Ocean

    • The first-of-its-kind research project in the country is aimed at understanding the biochemistry and the response of the ocean to climate change, nutrient stress and increasing pollution.
    • The researchers will collect samples from various stretches of the ocean at an average depth of about 5 km.
    • Just like gene mapping is carried out on blood samples collected from humans, the scientists will map these in the bacteria, microbes found in the ocean.
    • The mapping of the Deoxyribonucleic acid (DNA) and Ribonucleic acid (RNA) will show the nutrients present in them, and also those lacking in different parts of the ocean.

    Objectives of the mission

    • This project will help scientists understand the internal working of the ecosystem of the Indian Ocean.
    • The research will enable scientists to identify the factors controlling the changes in RNA, DNA in the oceans, and various stressors impacting them.
    • The ocean has several micronutrients like nitrates, sulphates and silicates, minerals like iron ore and zinc, and trace metals like cadmium or copper.
    • The genome mapping will show the presence of which these microbes have adapted to, in addition to their reaction to atmospheric carbon dioxide.
    • This will help in identifying which part of the ocean has a greater concentration of which mineral or element.
    • Scientists will then use these as tracers to tackle the causative factors for excess or lack of a certain mineral or element and suggest possible solutions for their mitigation.
    • In addition, the large pool of RNA, DNA library of the oceans will be utilized for using the Indian Ocean for human benefit in the future.

    Studying the interactions of trace metals

    • Trace metals are the metals subset of trace elements; that is, metals normally present in small but measurable amounts in animal and plant cells.
    • Trace metals like cadmium or copper are supplied to oceans via continental run-offs, atmospheric deposition, hydrothermal activities and continental shelf interaction.
    • They are essential for ocean productivity for having a holistic understanding of nutrient cycling and productivity of the oceans.
    • Isotopic forms of trace metals can be utilized to track the movement of water masses responsible for ocean circulation and as tools to study the biological, geochemical and ecosystem processes and food web analyses.

    Also read

    https://www.civilsdaily.com/news/explained-indias-deep-ocean-mission/

  • ISRO Missions and Discoveries

    Lunar Polar Exploration (LUPEX) Mission

    India and Japan are working together on a joint lunar polar exploration (LUPEX) mission that aims to send a lander and rover to the Moon’s the South Pole around 2024.

    Try this PYQ from CSP 2020:

    Q.The experiment will employ a trio of spacecraft flying in formation in the shape of an equilateral triangle that has sides one million km long, with lasers shining between the craft.” the experiment in the question refers to?

    (a) Voyager-2

    (b) New horizons

    (c) LISA pathfinder

    (d) Evolved LISA

    LUPEX Mission

    • The LUPEX is a robotic lunar mission concept by the Indian Space Research Organisation (ISRO) and Japan Aerospace Exploration Agency (JAXA).
    • It would send a lunar rover and lander to explore the South Pole region of the Moon in 2024.
    • JAXA is likely to provide the under-development H3 launch vehicle and the rover, while ISRO would be responsible for the lander.
    • The mission concept has not yet been formally proposed for funding and planning.
    • The Lunar Polar Exploration mission would demonstrate new surface exploration technologies related to vehicular transport and lunar night survival for sustainable lunar exploration in Polar Regions.
  • Food Procurement and Distribution – PDS & NFSA, Shanta Kumar Committee, FCI restructuring, Buffer stock, etc.

    [pib] 17 States implement One Nation One Ration Card System

    Seventeen (17) States have successfully operationalised the “One Nation One Ration Card system” with Uttarakhand being the latest State to complete the reform.

    Practice question for mains:

    The ‘One nation one ration card ‘scheme would bring perceptible changes to the lives of India’s internal migrant workers. Comment.

    One Nation One Ration Card

    • This scheme aims to ensure all beneficiaries, especially migrants get ration (wheat, rice and other food grains) across the nation from any Public Distribution System (PDS) shop of their own choice.
    • Under the existing system, a ration cardholder can buy food grains only from the fair price shop (FPS) in the locality where he or she lives.
    • It was also launched with the purpose that no poor person should be deprived of getting subsidised food grains under the food security scheme when they shift from one place to another.
    • It aims to reduce instances of corruption by middlemen and fraudulence in ration cards to avail benefits from different states.

    Who is eligible under this scheme?

    • Any citizen, who is declared under the Below Poverty Line (BPL) category, will be eligible to get the benefit of this scheme across the country.
    • The beneficiaries will be identified on the basis of their Aadhar based identification through the electronic point of sale (PoS) device.
    • All the PDS shops will have the facility of electronic PoS devices.

    Impact on states

    • The reform enables the States to better targeting of beneficiaries, elimination bogus/ duplicate/ineligible cardholders resulting in enhanced welfare and reduced leakage.
    • An additional borrowing limit of 0.25 per cent of the Gross State Domestic Product (GSDP) is allowed to the States only on completion of both of the following actions:
    1. Aadhar Seeding of all the ration cards and beneficiaries in the State
    2. Automation of all the FPSs in the State.

    Back2Basics: Public distribution system (PDS)

    • The public distribution system (PDS) is an Indian food Security System established under the Ministry of Consumer Affairs, Food, and Public Distribution.
    • PDS evolved as a system of management of scarcity through the distribution of food grains at affordable prices.
    • PDS is operated under the joint responsibility of the Central and the State Governments.
    • The Central Government, through the Food Corporation of India (FCI), has assumed the responsibility for procurement, storage, transportation and bulk allocation of food grains to the State Governments.
    • The operational responsibilities including allocation within the State, identification of eligible families, issue of Ration Cards and supervision of the functioning of FPSs etc., rest with the State Governments.
    • Under the PDS, presently the commodities namely wheat, rice, sugar and kerosene are being allocated to the States/UTs for distribution.
    •  Some states/UTs also distribute additional items of mass consumption through PDS outlets such as pulses, edible oils, iodized salt, spices, etc.
  • Food Procurement and Distribution – PDS & NFSA, Shanta Kumar Committee, FCI restructuring, Buffer stock, etc.

    A case for a revamped, need-based PDS

    The article highlights the factors governing the food subsidy bill and suggests ways to reduce it.

    Growing food subsidy bill

    • The Economic Survey, tabled in Parliament in January, rightly flagged the issue of a growing food subsidy bill.
    • During 2016-17 to 2019-20, the subsidy amount, clubbed with loans taken by the Food Corporation of India (FCI) under the National Small Savings Fund (NSSF) towards food subsidy, was in the range of ₹1.65-lakh crore to ₹2.2-lakh crore.
    • In future, the annual subsidy bill of the Centre is expected to be about ₹2.5-lakh crore.
    • During the three years, the quantity of food grains drawn by States (annually) hovered around 60 million tonnes to 66 million tonnes.
    • The National Food Security Act (NFSA) 2013, covered two-thirds of the country’s population, this naturally pushed up the States’ drawal.
    • Based on an improved version of the targeted Public Distribution System (PDS), the law requires the authorities to provide to each beneficiary 5 kg of rice or wheat per month.

    How politics influenced the issue price

    • Economic Survey has hinted at an increase in the Central Issue Price (CIP).
    • Central Issue Price has remained at ₹2 per kg for wheat and ₹3 per kg for rice for years, though the NFSA, even in 2013, envisaged a price revision after three years.
    • What makes the subject more complex is the variation in the retail issue prices of rice and wheat, from nil in States such as Karnataka and West Bengal for Priority Households (PHH) and Antyodaya Anna Yojana (AAY) ration card holders.
    • In Tamil Nadu, rice is given free of cost for all categories; this includes non-PHH.
    • A mere increase in the CIPs of rice and wheat without a corresponding rise in the issue prices by the State governments would only increase the burden of States.
    • Political compulsions are perceived to be coming in the way of the Centre and the States increasing the prices.

    Relook at food subsidy system

    • An official committee in January 2015 called for decreasing the quantum of coverage under the law, from the present 67% to around 40%.
    • For all ration cardholders drawing food grains, a “give-up” option, as done in the case of cooking gas cylinders, can be made available.
    •  Even though States have been allowed to frame criteria for the identification of PHH cardholders, the Centre can nudge states into pruning the number of such beneficiaries.
    • As for the prices, the existing arrangement of flat rates should be replaced with a slab system.
    • Barring the needy, other beneficiaries can be made to pay a little more for a higher quantum of food grains.

    Consider the question “There is a pressing need for revamping the food subsidy system. In light of this, suggest the measures to improve the system.”

    Conclusion

    These measures, if properly implemented, can have a salutary effect on retail prices in the open market. A revamped, need-based PDS is required not just for cutting down the subsidy bill but also for reducing the scope for leakages. Political will should not be found wanting.

  • Freedom of Speech – Defamation, Sedition, etc.

    The IT Rules 2021 seek regulatory parity, but threaten to curb creative freedom

    The article argues that IT Rules 2021 far exceeds the rulemaking power granted under Section 69A of the IT Act.

    Censoring online video streaming

    • Online video streaming platforms have marked a new dawn for the Indian entertainment industry.
    • The spectre of government regulation and criminalisation haunts this fledgling industry.
    • There have been various efforts to censor online video streaming platforms by petitioning the courts for a long time.
    • At least 23 petitions were being heard by different high courts on the issue of regulation of online video streaming platforms.
    • The grievances range from wounded religious sentiments to moral outrage against depictions of sexuality but the common thread that unites them is a desire to control what other citizens may watch in the privacy of their homes.
    • In addition to petitions seeking heavy-handed regulation, criminal proceedings have been initiated against employees of companies like Netflix and Amazon Prime.
    • While such FIRs may be in the context of specific films or shows, they cause substantial harassment and threaten the personal liberty of content creators and company executives.

    IT Rules 2021 exceeds the rulemaking power under Section 69A of IT Act

    • The imposition of any kind of criminal liability under the IT Rules 2021 would far exceed the central government’s rule-making power under Section 69A of the IT Act.
    • The existing three-tier regulatory mechanism and content classification system prescribed under the rules are also unconstitutional for the same reason.
    • The following three issues need to be considered while considering the IT Rules 2021.
    • First, the powers under Section 69A can be exercised only in the interest of the sovereignty, defence, security of the State, friendly relations with foreign States or public order or for preventing incitement etc.
    • The implication is that the powers under Section 69A cannot be used to regulate online content which may be obscene or sexually explicit.
    • Second, Section 69A states that the central government may direct “any agency of the Government or intermediary” to block access to online content but online video streaming platforms do not fall into either of these two categories.
    • Companies like Netflix and Amazon Prime commission or license the films and shows available on their platforms, and they are not an “intermediary” under the IT Act.
    • Third, Section 69A only grants the central government the power to “block for access by the public or cause to be blocked for access by the public any information generated, transmitted, received, stored or hosted in any computer resource.”
    • However, the range of powers granted under the IT Rules 2021 is much broader and includes requiring an apology or disclaimer, re-classification of content and deletion or modification of content.
    • As a result, the IT Rules 2021 significantly expand the scope of powers available under Section 69A.

    Issues with the three-tier regulatory framework

    • The three-tier regulatory framework created under the rules suffers from the substantive problem of lack of independence.
    • The third tier, which is the Inter-Departmental Committee, comprises entirely of bureaucrats and there is no guaranteed representation from the judiciary or civil society.
    • The Review Committee constituted under Rule 419A of the Indian Telegraph Rules, 1951 also solely consists of officials belonging to the executive branch.

    Way forward

    • The solution is to start afresh with publication of a white paper which clearly outlines the harms that are sought to be addressed through regulation of online video streaming platforms and meaningful public consultation which is not limited to industry representatives.
    • If regulation is still deemed to be necessary, then it must be implemented through legislation that is debated in Parliament instead of relying upon Section 69A of the IT Act.

    Consider the question “The IT Rules 2021 have been criticised for exceeding the rulemaking power under Section 69A of the IT Act. Examine the scope of the criticism.”

    Conclusion

    Many of the changes that the central government seeks to implement through the IT Rules 2021 may be well-intentioned and desirable. However, constitutional due process cannot be sacrificed at the altar of expediency

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