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  • Cyber Security – CERTs, Policy, etc

    What is the ‘SIM Swap Scam’ — and how can you protect yourself?

    sim swap scam

    Central Idea

    • In recent years, the SIM swap scam has emerged as a significant threat to individuals’ financial security.
    • This fraudulent scheme exploits the link between physical SIM cards and banking applications, allowing scammers to gain access to victim’s bank accounts and personal information.

    SIM Swap Scam: An Overview

    • Exploiting Technological Advances: The SIM swap scam capitalizes on the integration of banking applications with phone numbers, enabling the generation of OTPs (One-Time Passwords) and the receipt of critical bank-related messages.
    • Acquiring Personal Data: Scammers begin by collecting victims’ personal details, including phone numbers, bank account information, and addresses, often through phishing or vishing (voice phishing) techniques. Phishing involves sending malware-laden links through emails or messages to steal personal data.
    • Forging Victim Identity: Armed with the stolen data, fraudsters visit a mobile operator’s retail outlet, impersonating the victim with forged ID proof. They falsely report the theft of the victim’s SIM card and/or mobile phone. As a result, they obtain a duplicate SIM card. Notably, fraudsters can secure a duplicate SIM even if the original is still functional. All activation messages and information are directed to the scammer rather than the victim.

    Why do victims receive Missed Calls?

    • Strategic Communication: In contrast to typical scams that involve tricking individuals into divulging OTPs and private data during phone calls, the SIM swap scam operates differently.
    • Distraction Tactic: Fraudsters initiate missed calls to their targets, prompting victims to check their phones and potentially ignore network connectivity issues.
    • SIM Exchange Execution: Perpetrators use these missed calls as a diversion while they execute the SIM swap. Once the SIM is swapped, fraudsters gain control over all calls and messages through the victim’s SIM, allowing them to initiate transactions unnoticed.

    How do scammers withdraw money?

    • Phishing Information: After acquiring personal data through phishing attacks, scammers use this information to access bank portals and generate OTPs required for fund withdrawal.
    • OTP Access: Having control over the victim’s SIM card, fraudsters receive all OTPs, enabling them to authenticate transactions and steal money.
    • Data Sources: Accused individuals purchase data from hackers involved in data breaches or from online portals. Data breaches often involve private companies losing vast amounts of customer data.
    • Example: In April, Rentomojo, an electronics and furniture rental company, reported a data breach, acknowledging unauthorized access to customer data due to a cloud misconfiguration.

    Arrests and Challenges

    • Absence of Arrests: Delhi Police has not made any arrests related to the SIM swap scam. The accused effectively evaded capture by discarding duplicate SIMs and operating from multiple locations.
    • Cryptocurrency Conversion: Stolen funds are often converted into cryptocurrency, making tracking Bitcoin or other cryptocurrency transactions impossible due to encryption.

    Protecting Yourself from SIM Swap Fraud

    • Stay Vigilant: Be cautious of vishing or phishing attacks and avoid clicking on suspicious links or sharing sensitive information.
    • Don’t Ignore Missed Calls: Don’t ignore missed calls or switch off your phone, especially if you receive multiple missed calls. Contact your mobile operator immediately if such activity occurs.
    • Regularly Update Passwords: Change bank account passwords regularly for added security.
    • Set Up Alerts: Register for regular SMS and email alerts for banking transactions to stay informed.
    • Report Fraud: In case of fraud, promptly contact your bank authorities to block your account and prevent further fraud.
  • Economic Indicators and Various Reports On It- GDP, FD, EODB, WIR etc

    Why the Lewis Model has worked in China, not in India?

    Central Idea

    • In 1954, the renowned Saint Lucian economist, Sir William Arthur Lewis, presented a groundbreaking theory that suggested developing countries with a surplus labor force could achieve significant industrialization.
    • He envisioned a shift of labor from subsistence agriculture to the expanding manufacturing sector.
    • However, the Indian experience over the years has shown that this model has not unfolded exactly as Lewis had anticipated.

    What is the Lewis Model?

    • Lewis’s Theory: Sir William Arthur Lewis’s influential essay, ‘Economic Development with Unlimited Supplies of Labor,’ proposed that countries with surplus labor could industrialize by paying wages just high enough to attract workers away from family farms.
    • Key Assumptions: The model assumed that higher wages in the manufacturing sector would match the additional output produced, leading to the creation and expansion of industries without limits.
    • Bottlenecks: The primary constraints to this labor transfer were the availability of capital and natural resources, which these countries often lacked relative to their population.

    India’s Deviation from the Model

    • Historical Perspective: In the early 1990s, agriculture employed about two-thirds of India’s workforce.
    • Limited Impact of Manufacturing: While the share of agriculture in employment declined to 48.9% by 2011-12, manufacturing’s share only marginally increased from 10.4% to 12.6% during the same period.
    • Recent Trends: The farm sector’s share increased temporarily due to the Covid-19 pandemic, reaching 46.5% in 2022-23.
    • Manufacturing’s Decline: Conversely, manufacturing’s share dropped to 11.4% in 2022-23.
    • Shift within Subsistence Sectors: Labor movement primarily occurs within subsistence sectors, such as low-paid services and construction, rather than towards manufacturing or high-productivity services.

    lewis model

    State-Level Variations

    • Gujarat’s Exception: Gujarat stands out with nearly 24% of its workforce employed in manufacturing, mirroring Lewis’s model.
    • Industry and Agriculture: Gujarat’s workforce in agriculture remains relatively high compared to other states.

    China’s Model vs. India’s Reality

    • China’s Success: China leveraged surplus rural labor to become “the world’s factory” during the late 20th century.
    • India’s Challenges: India still has surplus labor working in subsistence sectors, but the path to conventional employment opportunities is narrowing.
    • Technological Disruption: Manufacturing is increasingly capital-intensive, incorporating labor-saving and labor-displacing technologies.
    • New Economic Development Model: NITI Aayog is exploring alternative avenues for job creation, emphasizing activities related to agriculture, such as aggregation, processing, transportation, and bio-based industries.
    • Bio-Based Opportunities: Crop residues, bio-fuels, bio-based products, and supply chain services offer potential employment options linked to agriculture.

    Conclusion

    • India’s journey towards economic transformation has deviated from the classic Lewis model.
    • The changing nature of manufacturing and the need for a reimagined labour transition call for innovative approaches that recognize the country’s unique circumstances and opportunities in sectors beyond traditional agriculture.
    • NITI Aayog’s exploration of alternative development models signifies a shift toward addressing contemporary challenges and fostering sustainable economic growth.
  • The Crisis In The Middle East

    UNGA Vote on Gaza War, and why India abstained

    unga hamas israel

    Central Idea

    • The recent United Nations General Assembly (UNGA) vote on a resolution calling for an immediate humanitarian truce in the Israel-Hamas conflict saw India abstaining from the vote.

    What are UNGA Resolutions?

    UNGA Resolutions and Voting
    What is it? Cover diverse global issues, including disarmament, climate change, and humanitarian aid.
    Types Include regular, consensus (adopted without a vote), and procedural resolutions.
    Who can initiate? Originates from member states, UN committees, or regional groups after negotiations and debates.
    Nature of Enforcement Non-binding but hold moral and political influence on member states and UN bodies.
    Significance Shape international norms, public opinion, and state behavior despite lacking legal enforcement.
    Features of UNGA Resolutions Discussed and adopted during annual sessions, with possible special sessions when required.
    Equal Voting Rights Each member state has an equal vote, ensuring equality regardless of size or influence.
    Majority Requirements Typically adopted with a two-thirds majority of present and voting member states (e.g., 128 votes if all 193 are present).
    Varied Majority Types Some require a simple majority, while others, like UN Charter amendments, need a two-thirds majority of all member states.
    Abstentions Member states can abstain, signifying neutrality without supporting or opposing.
    Challenges and Divisions Resolutions may face opposition or receive no votes, leading to international discussions and divisions.

    Resolution over Israel-Hamas War

    • The resolution, titled “Protection of civilians and upholding legal and humanitarian obligations,” was proposed by Jordan on behalf of the Arab League and co-sponsored by approximately 40 countries.
    • It called for an immediate humanitarian truce, cessation of hostilities, and unhindered humanitarian access to Gaza.
    • However, it did not specifically refer to the cowardly terror attacks by Hamas, which resulted in numerous Israeli casualties and hostages.
    • Ultimately, the resolution passed with 120 votes in favor, 14 against (including US and UK), and 45 abstentions, with India among the abstaining nations.

    India’s Abstinent

    • India defended its abstention by citing the absence of “explicit condemnation” of the October 7 terror attacks in Israel in the resolution.
    • Since India’s concerns regarding these omissions were not addressed in the final text of the resolution, abstaining was the chosen course of action.
    • The government emphasized that there should be no ambiguity when it comes to condemning terrorism and that its position on this matter remains “steadfast and consistent.”
    • Key elements of India’s statement include-
    1. Condemnation of violence, including the October 7 attacks by Hamas.
    2. Acknowledgement of the humanitarian crisis in Gaza and support for international de-escalation efforts.
    3. Concern about the security situation and a call for all parties to exercise restraint.
    4. Reiteration of India’s support for a negotiated two-state solution in the Israel-Palestine issue.
    5. Encouragement for diplomacy and dialogue to create conditions for peace negotiations.

    Why so furore over India’s action?

    • India’s abstention differed from its previous vote in favour of a UNGA resolution calling for a ceasefire in Gaza in 2018 and other similar votes in the past.
    • Opposition parties in India criticized the government for refusing to take a stronger stand on the humanitarian issue.
    • They argued that India’s abstention stood alone among countries in the Global South, South Asia, and BRICS, all of which had voted in favour of the resolution.

    Significance of India’s action

    • Balanced Position: India’s abstention mirrors its approach to other global conflicts, such as the Russia-Ukraine war, where it seeks to maintain a diplomatic balance between opposing sides.
    • Not Legally Binding: Unlike UN Security Council resolutions, UNGA resolutions are not legally binding, meaning that Israel and the US are not obligated to act on it.
    • Weight and Moral Authority: Despite its non-binding nature, the resolution carries significant moral weight, with 120 votes in favour signifying support for international law and proportionate use of force.
    • India’s Principled Stand: India reiterated its support for a negotiated two-state solution to the Israel-Palestine issue and called for diplomacy and dialogue to resolve the conflict.

    Conclusion

    • India’s abstention in the recent UN General Assembly vote reflects its balanced and nuanced approach to international conflicts.
    • While it has drawn criticism from some quarters, it underscores India’s commitment to principles of diplomacy and its focus on a negotiated resolution to complex global issues.
  • Trade Sector Updates – Falling Exports, TIES, MEIS, Foreign Trade Policy, etc.

    How Natural Gas is central to ties between India and Qatar?

    qatar

    India-Qatar Diplomatic Spat

    • The recent death sentences handed down to eight former Indian Navy personnel by a Qatari court pose a significant challenge to the traditionally amicable ties between New Delhi and Doha.
    • In international relations, trade dynamics often play a pivotal role, and in the case of India and Qatar, the balance of trade is heavily skewed in Qatar’s favor, primarily due to imports.

    LNG Dependency and Diplomacy

    • Trade Imbalance: Qatar enjoys significant leverage in the bilateral relationship because the trade balance is weighted heavily in its favor, with imports from Qatar far exceeding India’s exports.
    • LNG Dominance: Liquefied natural gas (LNG) is at the heart of this trade relationship, accounting for nearly 50% of India’s imports by value from Qatar.
    • Energy Security: India’s import dependency on natural gas is around 50%, and with a national drive to increase natural gas consumption, LNG imports are expected to grow, even with potential increases in domestic production.

    Need for India’s Energy Transition

    • Cleaner Alternative: Natural gas is viewed as a cleaner and more affordable alternative to conventional petroleum fuels, aligning with India’s efforts to reduce carbon emissions and transition to cleaner energy sources.
    • Energy Security: Given India’s high import dependency on crude oil, natural gas is seen as a critical component of energy security.
    • Ambitious Targets: India aims to raise the share of natural gas in its primary energy mix to 15% by 2030, a goal likely to drive increased LNG imports in the years ahead.

    Sensitivity of the Present Situation

    • Diplomatic Challenge: The case of the retired Navy personnel presents a sensitive challenge for Indian diplomacy, given India’s energy security concerns and ambitions.
    • Trade Dependency: India’s energy security relies on Qatar, making diplomatic relations delicate.

    Trade Figures

    • Imports from Qatar: In FY2022-23, India’s total imports from Qatar were valued at $16.81 billion, with LNG accounting for $8.32 billion or 49.5%.
    • Exports to Qatar: In contrast, India’s exports to Qatar in the same period amounted to only $1.97 billion.
    • LNG Dependency: Of the 19.85 million tonnes of LNG imported by India in FY23, 10.74 million tonnes (54%) came from Qatar.

    Global LNG Dynamics

    • Seller’s Market: The global LNG market has become a seller’s market following geopolitical disruptions, such as Russia’s invasion of Ukraine.
    • Term Contracts vs. Spot Purchases: Term contracts offer more stability compared to spot purchases, particularly during supply gluts or shortages.
    • Qatar’s Position: Qatar, as the world’s largest LNG exporter, has gained significant leverage and stability in the LNG market.
    • Long-Term Contracts: LNG importers worldwide, including India, are seeking long-term contracts with major suppliers like Qatar to secure stable supplies.

    Future Prospects for India

    • Long-Term Contracts: India is actively negotiating for long-term LNG contracts, and Petronet’s existing contract with Qatar is set to expire in 2028.
    • Buyer’s Market: Industry experts predict that the global LNG market may become a buyer’s market in the coming years due to new LNG export projects. Qatar remains a key player in this scenario.

    Conclusion

    • Balancing India’s energy security needs with diplomatic challenges in the backdrop of trade dependency on Qatar, especially in LNG, is a complex task.
    • India’s pursuit of long-term LNG contracts reflects its determination to secure stable energy supplies while navigating international relations sensitively.
    • The evolving global LNG market dynamics will continue to influence India’s energy choices and diplomatic strategies.
  • Fertilizer Sector reforms – NBS, bio-fertilizers, Neem coating, etc.

    Approval of Nutrient-Based Subsidy (NBS) rates for Rabi and Kharif seasons in 2022-23 by the union cabinet.

    Central idea

    The article discusses the recent approval of Nutrient-Based Subsidy (NBS) rates for Rabi and Kharif seasons in 2022-23 by the union cabinet. It explains the NBS regime, its objectives, and challenges, emphasizing the need for a balanced approach to address economic, environmental, and distribution issues.

    Understanding Nutrient-Based Subsidy (NBS) Regime:

    • Subsidized Fertilizers: Farmers get fertilizers at lower rates based on nutrients like Nitrogen, Phosphorus, Potash, and Sulphur.
    • Additional Subsidy: Fertilizers with extra nutrients like molybdenum and zinc receive added subsidies

    Key Features of Nutrient-Based Subsidy (NBS):

    • Targeted Subsidy: Fertilizers are subsidized based on the nutrients they contain, such as Nitrogen (N), Phosphorus (P), Potash (K), and Sulphur (S).
    • Additional Subsidy for Fortified Fertilizers: Fertilizers containing secondary and micronutrients, like molybdenum (Mo) and zinc, receive extra subsidies.
    • Annual Determination of Rates: The government announces subsidy rates for Phosphatic and Potassic (P&K) fertilizers annually, considering factors like international and domestic prices, exchange rates, and inventory levels.
    • Promotion of Balanced Fertilization: NBS aims to achieve an optimal balance (N:P:K = 4:2:1) in fertilization, improving soil health and crop yields.
    • Implementation Authority: Administered by the Department of Fertilizers, Ministry of Chemicals & Fertilizers since April 2010.

    Rationale for Nutrient-Based Subsidy (NBS):

    • Efficient Resource Allocation: NBS ensures subsidies are directed to farmers based on nutrient requirements, promoting judicious use of fertilizers.
    • Optimal NPK Fertilization: By encouraging a balanced nutrient ratio (N:P:K = 4:2:1), NBS aims to enhance soil health, leading to increased crop yields and farmer income.
    • Sustainable Agricultural Practices: The policy supports environmentally sustainable practices by preventing imbalanced fertilizer usage, reducing soil degradation, and minimizing nutrient runoff.
    • Food Security: Subsidized P&K fertilizers availability during Kharif season supports agricultural productivity, contributing to food security in India.
    • Long-Term Soil Health: NBS promotes a long-term approach to soil management, addressing nutrient deficiencies and ensuring the fertility of agricultural land.

    Nutrient-Based Subsidy (NBS) Rates Approval:

    • Rabi Season 2022-23: Subsidy rates given for essential nutrients like Nitrogen, Phosphorus, Potash, and Sulphur.
    • Kharif Season 2023: Approval for Phosphatic and Potassic (P&K) Fertilizers.

    Objective of NBS Policy:

    • Balanced Fertilization: Aims for an optimal balance (N:P:K=4:2:1) to enhance soil health and crop yield.
    • Increased Income: Boosts farmers’ income through improved productivity.
    • Reducing Subsidy Burden: Expects rational fertilizer use to ease the subsidy burden on the government.

    Significance of NBS Subsidy:

    • Agricultural Support: Ensures affordable availability of DAP and other P&K fertilizers during Kharif for better agricultural productivity.
    • Resource Allocation: Crucial for efficient allocation, directing subsidies where needed for sustainable agriculture.

    Challenges with NBS Policy:

    • Economic and Environmental Costs: High subsidy burden strains the economy, leading to imbalanced fertilizer use and environmental issues.
    • Black Marketing and Diversion: Subsidized urea faces illegal sale and smuggling to non-agricultural users.
    • Leakage and Misuse: Inefficient distribution can lead to fertilizer misuse or non-delivery to intended farmers.
    • Regional Disparities: Uniform policy may not cater to diverse regional needs, impacting nutrient application and productivity.

    Way Forward for NBS Policy:

    • Uniform Policy: A necessary step for essential nutrients (N, P, K) with considerations for regional variations.
    • Cash Subsidy Alternative: Long-term shift to a per-acre cash subsidy for flexible fertilizer purchase.
    • Balancing Act: Striking a balance between price control, affordability, and sustainable nutrient management for NBS success.

     

  • Foreign Policy Watch: India-Middle East

    With life of eight Indians in Qatar at stake, India needs deft diplomacy

    Central idea

    Qatar’s unprecedented death sentences for eight retired Indian naval personnel on espionage charges pose a formidable diplomatic challenge for the government. Minister Jaishankar’s cautious response and public expectations add layers to this sensitive situation.

    What Happened?

    • Recently, Qatar handed death sentences to eight retired Indian naval personnel, a shocking move.
    • Unlike previous cases involving murder or narcotics, these charges relate to espionage.

    Minister Jaishankar’s Response and Diplomatic Sensitivity

    • Assurances to Parliament: Minister Jaishankar assured Parliament that the matter is a priority, urging patience due to its sensitivity. The focus is on keeping the welfare of the eight individuals at the forefront.
    • Media Statements and Caution: Media statements exercise caution due to the confidential nature of the case. Not commenting further is a diplomatic approach, respecting the sensitivity of ongoing proceedings.

    Current Challenges:

    • Diplomatic Problem: The government faces a tough situation with Qatar giving death sentences to eight retired Indian naval people.
    • Public Worries: People, along with opposition parties, are worried about the safety of those convicted, putting pressure on the government to bring them back home.
    • Sensitive Matter: The case involves spying charges against a group of retired defense officers, making it a delicate issue in the diplomatic world.
    • Limited Information: Because the case details are confidential, the government can’t share much, leading to people guessing and worrying more.

    Way Forward:

    • Talking with Qatar: India should keep discussing with Qatar, telling them to be fair and just while following their laws.
    • Helping with Consular Stuff: Making sure the convicted individuals can meet with Indian officials regularly and watching over their court case is really important.
    • Telling People What’s Up: The government needs to tell people what it can, being honest but also keeping some things private.
    • Getting Support: Asking other countries for support and help can make Qatar rethink its decision.
    • Using Legal Moves: Trying legal ways, like making appeals and talking with Qatar, is crucial to get the naval people released.
    • Calming People Down: Making sure veterans and the public know what’s happening and addressing their worries is super important.
  • Women empowerment issues – Jobs,Reservation and education

    Women can make the world better

    Central idea

    The article highlights Arun Maira’s insights on the gender disparity in economic narratives, emphasizing the undervaluation of women’s contributions, the evolving challenges in global employment patterns, and the need for a more inclusive and care-focused approach to economic development, particularly in the context of India and the G-20’s call for a holistic vision beyond GDP

    Challenges in How We See Money and Work:

    • Not Enough Women Recognized: The Nobel Prize in Economics mostly goes to men, leaving out women’s important contributions. Only three women have won it so far.
    • Forgetting the Value of Care: The work women do at home, taking care of family and community, isn’t seen as important for the economy. This is a big problem.
    • Jobs Changing Globally: The way people work is changing worldwide. More jobs are now short-term or in the gig economy. This is a big challenge for India, which has a lot of young people.
    • Not Paying Enough for Important Jobs: Jobs like taking care of families or working in health and education are crucial, but the people doing these jobs, mostly women, are not paid well.

    India’s Economic Situation:

    • Problems for Young People: In India, even though the economy is growing fast, it’s hard for young people to find good jobs with good pay and security.
    • Need More Focus on Care: India ranks 132nd in human development, and we need to spend more on services that take care of people. But sadly, jobs like taking care of families or working in health and education are not paid much.
    • G-20’s Call for a Different Way: Our Prime Minister has asked the G-20 for a new approach, one that looks beyond just making money. He says it’s time to think of the world as one family.

    Checking How Well We’re Doing:

    • Progress Slow for Big Global Goals: The G-20 says we’re not doing great halfway to our big global goals. Only 12% of the things we wanted to achieve are on track.
    • Time for a Big Change: Arun Maira says we need to change how we solve problems. The usual way is not working, so we need to try something new.

    Seeing Economics in a New Way:

    • Thinking About Everyone: Maira says we need to change how we see our economy. It’s not just about making things and competing. It’s about taking care of people.
    • Looking at What Women Do: Women, according to Maira, do a lot of important work that isn’t always noticed. Nobel laureate Elinor Ostrom showed that when women are in charge, communities work well together.

    What Needs to Change:

    • Giving Women More Power: Maira says we need to let women shape how things work, not just follow what men have set up.
    • Letting Local Communities Decide: Instead of having big experts decide everything, Maira says we should let local communities come up with their solutions. What works in one place might not work in another.
    Unique phrases from article for upsc mains exam value addition

     

    “Tragedy of the Commons Revisited:”

    Referring to Nobel Laureate Elinor Ostrom’s insights, this phrase underscores the importance of cooperative governance, particularly led by women, in managing local resources sustainably.

     

    “Vasudhaiva Kutumbakam: One Family, One Earth, One Future:”

    This phrase encapsulates the Indian Prime Minister’s call at the G-20, emphasizing a vision that transcends traditional economic metrics and advocates for a global community approach.

     

    “Paradigm Change in Economics:”

    Arun Maira advocates for a fundamental shift in economic thinking, moving away from traditional models dominated by men and towards a more inclusive, caring, and community-driven perspective.

     

    “The Feminine Lens on Economics:”

    This phrase highlights the article’s exploration of a feminine perspective in economics, drawing attention to the undervalued contributions of women and the need for a broader understanding of economic dynamics.

     

    Conclusion:

    Changing how we think about our economy is not easy, but it’s important. Maira tells us that we should listen to regular people, especially women, and let them help make things better. This way, we can build a future where everyone is taken care of, and our world becomes one big family.

     

     

     

  • Surrogacy in India

    Supreme Court upholds Woman’s Right to Parenthood in Surrogacy Case

    surrogacy

    Central Idea

    • In a landmark decision, the Supreme Court of India has safeguarded a woman’s right to parenthood, particularly in cases of medical conditions, by suspending the enforcement of a law that jeopardized her aspiration to become a mother through surrogacy.
    • This significant ruling provides protection and empowerment for women facing unique medical challenges on their journey to parenthood.

    Case Details

    • Medical Condition: The woman suffers from the rare Mayer Rokitansky Kuster Hauser (MRKH) syndrome. Medical records confirm her condition, which includes “absent ovaries and absent uterus,” rendering her unable to produce her own eggs.
    • Hope through Gestational Surrogacy: She and her husband embarked on the path of gestational surrogacy using a donor’s eggs (a process where one person, who did not provide the egg used in conception, carries a fetus through pregnancy and gives birth to a baby for another person or couple.).

    Threatening Amendment

    • No donor gamete use: A government notification dated March 14 of the current year introduced an amendment to the law, prohibiting the use of donor gametes in surrogacy. It mandated that “intending couples” must employ their own gametes for the surrogacy process.
    • A Violation of Parenthood Rights: This amendment was challenged in the Supreme Court, alleging a violation of a woman’s fundamental right to parenthood. The court found that the amendment contradicted the core provisions of the Surrogacy Act, both in form and substance.

    Gametes Regulation and ART Act, 2021

    • Gametes are reproductive cells. In animals, the male gametes are sperms and female gamete is the ovum or egg cells.
    • On March 14, 2023, the Health Ministry published Rules that said:
    1. A couple undergoing surrogacy must have both gametes from the intending couple and donor gametes are not allowed;
    2. Single women (widow/divorcee) undergoing surrogacy must use self-eggs and donor sperms to avail surrogacy procedure.
    • Section 2(h) of the Assisted Reproductive Technology Regulation Act, 2021 defines a “gamete donor” as a person who provides sperm or oocyte with the objective of enabling an infertile couple or woman to have a child.

    Court’s Ruling: Allows Donor’s Gametes

    • Prima Facie Contradiction: The SC Bench issued a decisive order, stating that the amendment obstructed the intending couple from achieving parenthood through surrogacy and was prima facie contrary to the Surrogacy Act’s intentions.
    • Petitioner’s Argument: Senior advocate Sanjay Jain, representing the petitioner, argued that the amendment invalidated the possibility of gestational surrogacy, which the Surrogacy Act, 2021, recognized as a valid option for couples facing medical conditions.
    • Rule 14(a) Clarification: Jain referred to Rule 14(a) of the Surrogacy Rules, emphasizing that it explicitly listed medical or congenital conditions, such as the absence of a uterus, as valid reasons for gestational surrogacy. The rule affirmed that the choice was solely the woman’s.
    • Retrospective Implementation: The petitioner contended that the amendment could not be applied retrospectively to her case.

    Court’s Ruling and Interpretation

    • Woman-Centric Perspective: The court concurred with Mr. Jain’s argument that gestational surrogacy was “woman-centric.” It recognized that the decision to opt for surrogacy was driven by the woman’s inability to become a mother due to her medical or congenital condition.
    • Validation of Rule 14(a): The court asserted that the amendment could not contradict Rule 14(a), which explicitly acknowledged medical conditions, including the absence of a uterus, as valid reasons necessitating gestational surrogacy.
    • Genetic Relation Interpretation: Addressing the government’s contention that the surrogate child must be “genetically related” to the couple, the court clarified that this related to the husband when Rule 14(a) applied.

    Conclusion

    • The Supreme Court’s decision in favour of ‘Mrs. ABC’ not only upholds her right to parenthood but also reinforces the significance of gestational surrogacy as a woman-centric solution for individuals facing challenging medical conditions on their path to becoming parents.
    • This ruling sets a precedent for protecting the parenthood rights of women across India.
  • RBI Notifications

    RBI’s new rules on Credit Information

    Central Idea

    • When you apply for a loan, your credit score becomes a crucial factor. It’s determined by your debt and your history of repayments.
    • In a significant move, the Reserve Bank of India (RBI) has issued directives to credit information companies (CICs) regarding the transparency of accessing your Credit Information Report (CIR).

    RBI’s Directive on CIR Access

    • Notification to Customers: CICs are now mandated to notify customers via SMS or email when banks and non-banking finance companies (NBFCs) access their Credit Information Report (CIR).
    • Alerts on Default Information: Credit institutions, including banks and NBFCs, must also send SMS or email alerts to customers when they submit information to CICs regarding defaults or Days Past Due (DPD) on existing credit.
    • Implementation Timeline: These new rules are set to take effect within six months.

    Understanding Credit Information Companies (CICs)

    • CIC Function: CICs maintain and analyze credit information of individuals and businesses, which is provided by banks and NBFCs.
    • Credit Scores and Ranks: Based on this data, CICs calculate credit scores for individuals and credit ranks for companies to assess their creditworthiness and credit history.
    • Impact on Loan Approval: A high credit score often leads to more favorable loan terms, while a low score, possibly due to previous loan defaults, can hinder loan or credit card approval.

    Accessing Your Credit Score

    • Payment Requirement: Typically, individuals can obtain their credit scores from CICs for a fee.
    • RBI’s Directive: The RBI has now directed CICs to provide a “Free Full Credit Report (FFCR),” which includes the credit score, once every calendar year to individuals whose credit history is available with the CIC.
    • Convenient Access: The link to access the FFCR must be prominently displayed on the CIC’s website for easy access.

    Data Accuracy Concerns

    • Correction of Data: If a customer believes that their credit information is incorrect, they can request a correction.
    • Reason for Rejection: Banks and NBFCs are required to inform customers about the reasons for rejecting their data correction requests, facilitating a better understanding of the issues in the CIR.

    CIC Accountability and Transparency

    • Review of ‘Search & Match’ Logic: CICs must conduct a periodic review, at least semi-annually, of their ‘search & match’ logic algorithm used to generate borrowers’ CIRs.
    • Root Cause Analysis: A “root cause analysis” of complaints should identify issues in the algorithm.
    • Board Approval: Results and changes resulting from the analysis should be presented to the CIC’s Board of Directors for review.
    • Timely Data Ingestion: CICs must ingest credit information data from banks and NBFCs within seven calendar days of receipt.
    • Disclosure of Complaints: CICs are required to disclose details of complaints registered against them and credit institutions on their websites.

    Conclusion

    • RBI’s recent directives aim to enhance transparency, accountability, and consumer empowerment in the credit information ecosystem.
    • Customers will receive alerts regarding access to their credit information, and CICs are encouraged to ensure data accuracy and promptly address customer concerns.
    • These changes will likely improve the credit assessment process and provide individuals with better control over their financial data.
  • e-Commerce: The New Boom

    Dark Pattern Sales by Airlines deemed ‘Cybercrime’

    dark patterns

    Central Idea

    • Due to complaints of deceptive practices by airlines and online travel agents, the Indian Ministry of Civil Aviation has urged IndiGo to fix its website, which a government official termed a Dark Pattern “cybercrime.”

    “Dark Patterns” in Airline Practices

    • Deceptive Techniques: Airlines and online portals have been accused of employing “dark patterns” in their user interfaces, which manipulate consumers into purchasing products they did not intend to buy.
    • Consumer Affairs Secretary’s Stance: The Consumer Affairs Secretary, Rohit Kumar Singh, defines “dark patterns” as tactics nudging consumers into unintended purchases, constituting unfair trading practices and possibly cybercrimes.
    • Pervasive Issue: Approximately 10,000 complaints related to these practices have been lodged with the Ministry via the National Consumers Helpline over the past eight to nine months.

    Manipulating Seat Selection

    • IndiGo’s Practice: IndiGo Airlines, for instance, employs a tactic known as “false urgency,” creating a sense of urgency by implying that consumers must pay an extra fee (₹99 to ₹1,500) for seat selection during booking, portraying all free seats as unavailable.
    • Transparency Issue: Passengers are not adequately informed that they will be auto-assigned free seats if they choose not to pay the extra fee.
    • Obfuscation: The “skip” option, although present, is inconspicuously located, demonstrating “interface interference.”

    Additional Unfair Practices

    • SpiceJet’s Pressure for Insurance: SpiceJet’s website pressures passengers to purchase travel insurance by using alarming phrases like “I will risk my trip” if they opt out, playing on passengers’ fears.
    • “Basket Sneaking” by MakeMyTrip: MakeMyTrip adds a convenience fee when customers reach the payment gateway after booking, a practice known as “basket sneaking.”

    Draft Guidelines and Regulatory Perspective

    • Ministry of Consumer Affairs Guidelines: These dark patterns have been defined in the draft guidelines released by the Ministry of Consumer Affairs in September.
    • DGCA’s Stance: The Directorate General of Civil Aviation (DGCA) permits “unbundling” airfares but emphasizes that these services must be offered on an “opt-in” basis, with clear descriptions without ambiguity.
    • Parliamentary Committee Report: A parliamentary committee report urges transparency in seat-wise airfares, fair pricing mechanisms to ensure reasonable profit margins, and effective grievance redressal mechanisms.

    Conclusion

    • The crackdown on deceptive airline practices by the Indian Ministry of Civil Aviation signifies a push for transparency and fairness in the airline industry.
    • The rise of “dark patterns” and other misleading tactics in online booking processes has raised concerns about consumer exploitation and cybercrimes.
    • As the government takes action to address these issues, passengers may expect a more equitable and transparent air travel experience in the future.

    Tap to read more about:

    India’s Draft Guidelines on Dark Patterns

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