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Under-Sea Cable Disruptions expose key Telecom Vulnerability
In the news
- Three undersea cables connecting India to global telecom networks—Asia-Africa-Europe-1, Europe India Gateway, and Tata Global Network—have been damaged in the Red Sea Conflict, possibly due to targeted attacks.
What are Submarine Communications Cable?
- Submarine cables are laid on the seabed between land-based stations to transmit telecommunication signals across stretches of ocean and sea.
- These cables employ fiber-optic technology, with optical fiber elements coated with protective layers suitable for the marine environment.
- Submarine cables offer a reliable, cost-efficient, and high-capacity means of internet connectivity compared to satellites.
India’s Submarine Cable Infrastructure
- With 17 submarine cables landing in 14 cable landing stations, mainly in Mumbai and Chennai, India is actively expanding its undersea connectivity.
- The Telecom Regulatory Authority of India (TRAI) has introduced regulations categorizing Cable Landing Stations (CLS) into Main CLS and CLS Point of Presence to enhance data flow and reduce reliance on foreign providers.
- TRAI’s recommendations also include recognizing submarine cable operations as critical services, proposing legislative amendments, and suggesting exemptions from custom duty and GST for essential goods.
- Examples:
- MIST Submarine Cable System (connecting India with Myanmar, Thailand, Malaysia, and Singapore)
- Reliance Jio Infocomm’s India Asia Xpress (IAX) (India to the Maldives, Singapore, Sri Lanka, and Thailand)
- India Europe Xpress (IEX) (India to Italy via Saudi Arabia and Greece)
- SeaMeWe-6 project (Singapore to France via India, Bangladesh, and Maldives)
- Africa2 Cable (connecting India with the UK via several African countries)
Vulnerabilities in Telecom Infrastructure
- Ongoing Conflict’s Impact: Damage to undersea cable systems in the Red Sea due to regional conflict exposes vulnerabilities in India’s internet and overseas telecom connectivity.
- Limited Connectivity: India’s relatively few connections to such cables and regulatory restrictions on expanding the submarine cable industry pose significant concerns.
- Choke Points: Cable disruptions underscore a choke point in subsea connections between Europe and Asia, particularly concerning for India due to limited connections and regulatory constraints.
Current Challenges in Submarine Cable Infrastructure
- Capacity Shortages: Rising demand from data centers, retail usage, and enterprise applications exacerbates capacity constraints in India’s submarine cable networks.
- Opaque Ownership Structures: Lack of transparency in ownership of submarine cable systems raises national security concerns, particularly regarding the involvement of International Long Distance Operators (ILDOs).
- Regulatory Constraints: Stringent regulations impede investment in submarine cable infrastructure, limiting redundancy and hindering security measures.
Implications of TRAI Proposals
- Digital Transformation: TRAI’s recommendations align with India’s digital ambitions, facilitating the expansion of data centers and enhancing internet connectivity.
- Balancing Act: DoT’s decision on TRAI’s proposals will shape the future of India’s submarine cable industry, balancing the interests of stakeholders and national security concerns.
Case Study: Australia’s Cable Protection Zone Regime
- Legislative Framework: ACPZs established within its Exclusive Economic Zone (EEZ), offer a legislative model for protecting international submarine cables.
- Regulatory Authority: The Australian Communications and Media Authority (ACMA) oversees the enforcement of protection measures within designated zones, ensuring compliance with stringent regulations.
- Prohibited Activities: It restricts activities such as seabed trawling, vessel anchoring, and dredging within Cable Protection Zones, mitigating the risk of cable damage.
Way Forward
[A] Replicating Success in Indian Waters
- Adopting Legislative Framework: India can collaborate with Australia to enact similar laws within its territorial waters, leveraging sovereign rights over submarine cables within the EEZ.
- Establishing Protection Zones: Creation of Submarine Cable Protection Zones, consistent with UNCLOS provisions, enables India to enforce jurisdictional and physical safeguards.
- Regional Cooperation: India can advocate for the adoption of Australia’s model legislation across the Indian Ocean Rim Association, fostering multilateral cooperation in protecting subsea infrastructure.
[B] Operational Implementation and Collaboration
- Coordination Mechanisms: Collaboration among navies and coastguards of Quad nations and like-minded countries facilitates operational coordination in monitoring and protecting high-density cable zones.
- Policy Alignment: Aligning domestic legislative frameworks with regional initiatives ensures seamless coordination and collective action in safeguarding submarine assets.
- Reducing Risks: Enhanced cooperation minimizes the risk of cable damage and sabotage, bolstering connectivity and resilience in the Indian Ocean Region.
Conclusion
- India stands at a pivotal juncture in safeguarding its subsea infrastructure amidst evolving geopolitical dynamics.
- India must fortify its submarine cable assets, ensuring uninterrupted connectivity and advancing its digital aspirations.
- Through proactive legislative measures and strategic collaboration, India can mitigate risks and emerge as a global leader in subsea infrastructure protection.
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Defamation in the Digital Age: The Case of Arvind Kejriwal
In the news
- In a recent legal development, the Supreme Court of India intervened in a defamation case involving Delhi Chief Minister Arvind Kejriwal.
- This case highlights the intricate intersection of online communication, legal frameworks, and freedom of expression in the digital era.
Try this question from CS Mains 2014:
What do understand by the concept of “freedom of speech and expression”? Does it cover hate speech also? Why do films in India stand on a slightly different plane from other forms of expression? Discuss.
What is the Right to Free Speech?
- Freedom: Article 19(1) (a) guarantees the freedom of speech and expression to all citizens. It is the first condition of liberty and plays an important role in forming public opinion.
- Restrictions: As per Article 19(2), restrictions can be imposed upon the freedom of speech and expression in the interests of:
- Sovereignty and integrity of India,
- Security of the state,
- Friendly relations with foreign states,
- Public order, decency or morality, or
- In relation to contempt of court,
- Defamation, or
- Incitement to an offense
- Online Discourse: The proliferation of social media platforms necessitates a nuanced understanding of free speech rights in the digital realm, balancing individual liberties with societal interests.
- Immunity for Politicians: For politicians, while they enjoy the right to free speech, they are also subject to certain limitations. Criticism of the government or its policies is generally allowed as long as it does not incite violence or hatred.
Legal Conundrum over Digital Defamation
- Background: Kejriwal faced defamation charges for retweeting a video by a YouTuber Dhruv Rathee, alleging defamatory statements against the BJP’s IT cell.
- Legal Proceedings: The Delhi High Court upheld the summons issued to Kejriwal, citing the widespread impact of retweets by public figures.
- Constitutional Considerations: The right to free speech, protected under Article 19(1)(a) of the Indian Constitution, is subject to reasonable restrictions, including defamation laws under Article 19(2).
- Retweeting vs. Endorsement: The court’s intervention underscores the distinction between retweeting and endorsing content. While retweeting may not always signify endorsement, public figures are held to a higher standard of responsibility for their online actions.
- Defamation Laws: Indian law, as delineated in Section 499 of the Indian Penal Code, criminalizes statements intended to harm an individual’s reputation. However, applying these laws to online communication poses unique challenges.
Legal Precedents and Interpretations
- Shreya Singhal vs. Union of India (2015): Section 66A of The IT Act, 2000, had criminalised sending “offensive messages” utilizing “a computer resource or a communication device”. This provision was quashed by the SC given the ambiguity in the definition of the term “offensive”.
- Subramanian Swamy vs. Union of India (2016): The Supreme Court affirmed the constitutionality of criminal defamation laws, balancing the right to reputation with freedom of expression.
- Kaushal Kishore vs. Union of India (2017): The Court clarified that additional restrictions on free speech must align with Article 19(2) and cannot be arbitrarily imposed.
Implications for Online Discourse
- Scope of Defamation: Online retweets amplify the dissemination of allegedly defamatory content, raising questions about liability and accountability.
- Responsibility of Public Figures: Public figures like Kejriwal face heightened scrutiny for their online activities, given their influence and reach on social media platforms.
Conclusion
- This defamation case underscores the evolving dynamics of communication in the digital age.
- As online discourse continues to shape public opinion, striking a balance between freedom of expression and legal safeguards against defamation remains a pressing challenge.
- The Supreme Court’s intervention provides an opportunity to reassess existing laws and norms governing online speech, ensuring that rights and responsibilities are harmonized in the digital realm.
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Analysis of Centre’s Capital Expenditure and Fiscal Deficit
In the news
- Capital Expenditure Decline: In January, the Centre’s capital expenditure saw a significant decline of 40.5%, totaling ₹47,600 crore compared to ₹80,000 crore in the previous year.
- Fiscal Deficit Widening: By the end of January, the fiscal deficit reached 64% of the revised estimates for 2023-24. Despite challenges in expenditure, the government seems poised to meet the revised deficit target of 5.8% of GDP for the year.
What is Fiscal Deficit?
- Definition: Fiscal deficit is the excess of total disbursements from the Consolidated Fund of India over total receipts, excluding debt repayment, within a financial year.
- Formula: Fiscal Deficit = Total expenditure of the government (capital and revenue expenditure) – Total income of the government (Revenue receipts + recovery of loans + other receipts).
Government Income
- Revenue receipts: This includes tax revenues collected by the government from various sources such as income tax, corporate tax, and indirect taxes like GST.
- Capital receipts: This encompasses borrowings, disinvestments, and other sources of income.
- Tax revenues: Income from GST and other taxes.
- Non-tax revenues: Including interest receipts, dividends and profits, external grants, and receipts from union territories.
- Other non-tax revenues: Revenue from fiscal, social, and economic services.
Government Expenditure
- Revenue Expenditure: Spending on day-to-day operations including salaries, subsidies, and interest payments.
- Capital Expenditure: Investment in infrastructure, acquisition of assets, and long-term projects.
- Interest Payments: Amount paid by the government as interest on its borrowings.
- Grants-in-aid for the creation of capital assets: Funds provided for the creation of capital assets such as roads, bridges, and public buildings.
Reasons behind Fiscal Deficit
[1] Fall in Income
- Lower tax collection: Economic slowdown, tax evasion, and GST implementation issues.
- Impact of economic sectors shut during the pandemic: Closure of economic activities leading to decreased tax revenues.
- Government’s missed disinvestment targets: Failure to achieve disinvestment targets resulting in lower capital receipts.
[2] Rise in Expenditure
- Factors contributing to high inflation: High inflation rates increasing import and borrowing costs.
- Importance of social infrastructure investment: Emphasis on social infrastructure for inclusive growth and employment.
- External market volatilities affecting Indian expenditure: Dependency on imports exposing India to external market fluctuations.
- Unproductive expenditures like subsidies: Essential but unproductive expenditures adding to fiscal pressure.
[3] Rise in Borrowings
- Need for market borrowing for policy implementations: Borrowing for policy measures such as bank recapitalization, farm loan waivers, and UDAY.
Implications of Fiscal Deficit
- Vicious circle of borrowing and repayment: Continuous borrowing to repay loans leading to a debt trap.
- Inflation: Increased borrowing leading to higher interest rates and inflation.
- Reduced private sector borrowing: Government borrowing reducing borrowing opportunities for the private sector.
- Discouragement of private investment: Inflation and limited financing discouraging private investment.
- Risk of credit rating downgrade: High borrowing increasing the risk of credit rating downgrade.
- Limits Revenue Spending: Rising fiscal deficit affecting government allowances like dearness allowance and dearness relief.
- Foreign Dependence: Borrowing from foreign sources increasing dependence and exposure to external fiscal policies.
Measures for Control: FRBM Act, 2003
- The FRBM Act aims to instil fiscal discipline and ensure inter-generational equity in fiscal management, promoting long-term macro-economic stability.
- Targets:
- Limit fiscal deficit to 3% of GDP by March 31, 2009.
- Completely eliminate revenue deficit.
- Reduce liabilities to 50% of estimated GDP by 2011.
- Prohibit direct borrowing from RBI to monetize the deficit.
- Escape Clause: Section 4(2) of the Act allows the Centre to exceed annual fiscal deficit targets under specific circumstances, such as national security, calamity, agricultural collapse, or structural reforms.
- Review Committee: In May 2016, a committee under NK Singh was formed to review the FRBM Act. Recommendations included targeting a fiscal deficit of 3% of GDP until March 31, 2020, reducing it to 2.8% in 2020-21, and further to 2.5% by 2023.
- Current Targets:
- The latest provisions of the FRBM Act mandate limiting fiscal deficit to 3% of GDP by March 31, 2021.
- Central government debt should not exceed 40% of GDP by 2024-25, among other stipulations.
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Novel Behaviour of Elephants
In the news
- A recent study aims to delve into the peri-mortem and post-mortem strategies of Asian elephants, offering insights into their behavior in shared human spaces amid environmental changes.
- The study area covered fragmented forests, tea estates, agricultural lands, and military establishments in the vicinity of the Gorumara Wildlife Division and Buxa Tiger Reserve in West Bengal.
Elephants in India
Details Population Estimate India hosts the largest population of wild Asian Elephants (Elephas maximus), with around 29,964 individuals, Approximately 60% of the global population (2017 census).
Leading States Karnataka holds the highest number of elephants, followed by Assam and Kerala. Conservation Status IUCN Red List: Endangered. CMS: Appendix I.
Wildlife (Protection) Act, 1972: Listed under Schedule I,
CITES: Appendix I.
Conservation Initiatives Project Elephant launched in 1992, covering 23 states across India. Contributed to the increase in wild elephant population from around 25,000 in 1992 to about 30,000 in 2021.
Establishment of Elephant Reserves. Total 33 in numbers covering approximately 80,777 Sq.km.
Recent findings
- Peri-Mortem Strategies: Asian elephants were found to carry carcasses by trunks and legs before burying them in a ‘legs upright’ position.
- Herding Behavior: Elephant herds exhibit avoidance behavior, choosing parallel routes to bypass paths where calf carcasses were buried.
- Burial Locations: Calves were buried in irrigation drains of tea estates, indicating a preference for specific locations.
- Herding Dynamics: The unique positioning of carcasses suggests careful handling by herd members, highlighting their care and affection toward deceased calves.
- Space Constraints: Prioritizing the burial of the head before the feet indicates strategic decision-making in situations of spatial limitations.
Environmental Context and Elephant Behavior
- Impact of Environmental Changes: Rapid environmental transformations and habitat destruction push elephants to explore human-dominated areas, resulting in the emergence of novel behaviors.
- Limited Documentation: While similar behaviors are documented in African contexts, elephant calf burial in the Asian context remains largely undocumented.
General Social Behaviour of Elephants
Elephants exhibit a wide range of social behaviors that highlight their complex and intelligent nature.
- Matrilineal Social Structure: Elephants live in multi-tiered societies, starting with family units consisting of related females and their calves. These family units form bonds with other families, creating clans and sub-populations. The herds are led by a senior matriarch who makes decisions on movement and resources.
- Communication: Elephants communicate through various calls, gestures, and physical contact. They have a sophisticated communication system involving over sixty different calls, including trumpets and rumbles that convey information across long distances.
- Empathy and Mourning: Elephants display empathy by comforting distressed companions through physical contact and vocal sounds. They have been observed mourning their dead, showing behaviors akin to mourning seen in humans.
- Cooperative Behavior: Elephant herds cooperate in raising their young, with adolescent females assisting in caring for calves. They also engage in cooperative actions like adopting an infant tormented by predators or helping wounded elephants by stopping bleeding and providing support.
- Individual Personalities: Elephants have distinct personalities that influence their interactions within the group. Some elephants show strong leadership qualities, while others are more introverted. These individual traits impact how they interact with other elephants.
Try this PYQ from CSP 2020:
Q. With reference to Indian elephants, consider the following statements:
- The leader of an elephant group is a female.
- The maximum gestation period can be 22 months.
- An elephant can normally go on calving till the age of 40 years only.
- Among the States in India, the highest elephant population is in Kerala.
Which of the statements given above is/are correct?
(a) 1 and 2 only
(b) 2 and 4 only
(c) 3 only
(d) 1, 3 and 4 only
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GST collections up 12.54% in February 2024
In the news
- India’s GST revenues saw a robust growth of 12.54% in February, exceeding ₹1.68 lakh crore.
- This marked the fourth-highest monthly collection since GST’s inception.
Why discuss this?
- The Goods and Services Tax (GST) system in India has been a pivotal component of the country’s tax structure since its implementation in July 2017.
- Analyzing the trends and performance of GST revenues offers insights into the economic health and growth trajectory of the nation.
Gross Revenues Overview
- Yearly Comparison: The fiscal year 2023-24 witnessed a noteworthy increase, reaching ₹18.4 lakh crore, indicating an 11.7% rise from the previous year.
- Yearly Uptick: This year’s growth stands as the third highest since the implementation of GST.
- Domestic Transactions: Revenues from domestic transactions surged by 13.9%.
- Imported Goods: Revenue from goods imports also saw a notable increase, rising by 8.5%.
State-wise Breakdown
- Overall Collection Analysis: After accounting for refunds, February’s GST collection amounted to ₹1.51 lakh crore, indicating a substantial 13.6% growth from the previous year.
- State Variability: States exhibited diverse performances, with some experiencing declines while others exceeded national growth averages.
- Declining Revenues: Five states witnessed contractions, with Mizoram and Manipur showing significant decreases.
- Outperforming States: Twelve states, including Jammu and Kashmir, Assam, and Maharashtra, surpassed the national average growth rate.
Compensation Cess Details
- Components of GST Intake: February’s gross GST intake included CGST, SGST, and IGST, amounting to ₹84,098 crore.
- Cess Collections: Compensation cess collections amounted to ₹12,839 crore, with additional revenue from imported goods.
- Revenue Distribution: The Central government allocated substantial sums to CGST and SGST from IGST collections.
- Revenue Allocation: After regular distributions, CGST received ₹73,641 crore, while SGST received ₹75,569 crore.
About Goods and Services Tax (GST)
- Definition: GST is an indirect tax that has replaced many indirect taxes in India such as excise duty, VAT, services tax, etc.
- Legislation: The GST Act was passed in Parliament on 29th March 2017 and came into effect on 1st July 2017. It is a single domestic indirect tax law for the entire country.
- Tax Structure: It is a comprehensive, multi-stage, destination-based tax that is levied on every value addition.
- Taxation Points: Under the GST regime, the tax is levied at every point of sale. In the case of intra-state sales, Central GST and State GST are charged. All the inter-state sales are chargeable to the Integrated GST.
Components of GST
- CGST: It is the tax collected by the Central Government on an intra-state sale (e.g., a transaction happening within Maharashtra).
- SGST: It is the tax collected by the state government on an intra-state sale (e.g., a transaction happening within Maharashtra).
- IGST: It is a tax collected by the Central Government for an inter-state sale (e.g., Maharashtra to Tamil Nadu).
Advantages of GST
- GST has mainly removed the cascading effect on the sale of goods and services.
- Removal of the cascading effect has impacted the cost of goods.
- Since the GST regime eliminates the tax on tax, the cost of goods decreases.
- Also, GST is mainly technologically driven.
- All the activities like registration, return filing, application for refund and response to notice needs to be done online on the GST portal, which accelerates the processes.
Issues with GST
- High operational cost.
- GST has given rise to complexity for many business owners across the nation.
- GST has received criticism for being called a ‘Disability Tax’ as it now taxes articles such as braille paper, wheelchairs, hearing aid etc.
- Fuels are not under GST, which goes against the ideals of the unification of commodities.
Try this PYQ from CSP 2015:
Q. All revenues received by the Union. Government by way of taxes and other receipts for the conduct of Government business are credited to the:
(a) Contingency Fund of India
(b) Public Account
(c) Consolidated Fund of India
(d) Deposits and Advances Fund
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Insights from UNEA-6
In the news
- The Sixth Assembly session of the United Nations Environmental Programme (UNEA-6) was convened at its headquarters in Nairobi, Kenya.
- It focussed on the pivotal role of multilateralism in addressing the triple planetary crisis of climate change, biodiversity loss, and pollution.
Abut United Nations Environment Assembly (UNEA)
Details Purpose Highest-level decision-making body on environmental matters within the United Nations system. Establishment Established in 2012 during the United Nations Conference on Sustainable Development (Rio+20). Frequency Typically convenes every two years in Nairobi, Kenya. Membership Consists of all 193 UN Member States and representatives from observer countries and organizations. Decision-Making Adopts resolutions and decisions on global environmental issues. UNEA-6: Theme and Focus
- Theme: Effective, inclusive, and sustainable multilateral actions to tackle climate change, biodiversity loss, and pollution.
- Focus: Planning the role of multilateralism in shaping global environmental policy to combat the pressing challenges facing our planet.
Key Outcomes
[A] Environmental Multilateralism
- High-Level Dialogues: UNEA-6 dedicated a day to discussing cooperation and convergence with multilateral environmental agreements (MEAs), emphasizing effective implementation at both national and global levels.
- Importance: MEAs play a critical role in addressing specific environmental issues at national, regional, and global levels, providing essential frameworks for international environmental governance.
[B] Energy Transition to Renewable Sources
- Rapid Adoption of Renewable Energy: The session emphasized the need for three times the current renewable energy capacity by 2030 to foster a nature and people-positive planet.
- Global Standards Development: Efforts are underway to establish globally acceptable standards for renewable energy, ensuring environmental sustainability and responsible sourcing of minerals.
[C] Plastic Pollution
- Call for Action: Discussions centered on a legally binding treaty on plastic pollution, aiming to introduce strong reuse provisions and harmonize definitions of reuse and circularity.
- Current Scenario: More than half of global plastic production comprises single-use plastics, with significant leakage into the environment.
[D] Role of Nature-Based Solutions
- Potential: Nature-based solutions, including reforestation and land restoration, offer promising avenues to combat the climate crisis and restore biodiversity.
- Financial Constraints: Despite their potential, nature-based solutions receive only a fraction of the required funding, highlighting the need for increased investment and innovative financing mechanisms.
Conclusion
- As UNEA-6 unfolds, stakeholders worldwide are poised to collaborate and drive actionable solutions to safeguard our planet for future generations.
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The Hindu Op-ed: E-evidence, new criminal law, its implementation
PYQ Relevance:
1. Impact of digital technology as a reliable source of input for rational decision-making is a debatable issue. Critically evaluate with suitable examples. (2021)
2. Examine the scope of Fundamental Rights in light of the latest judgment of the Supreme Court on the Right to Privacy. (2017)
From The Hindu Note4Students:
Mains: Important Legislations and Amendments.
Prelims: Bharatiya Nyay Sanhita; Bharatiya Nagarik Suraksha Sanhita; Bharatiya Sakshya Adhiniyam;
Mentor comments: The Ministry of Home Affairs (MHA) and State governments are preparing for a smooth transition of Bharatiya Nagarik Suraksha Sanhita (BNSS) which was passed in December 2023 and will be in effect from 1st July 2024. While some changes have been made in the BNSS in connection with investigation and police functioning, the scope of secondary evidence has been slightly broadened and some changes have been made in the provisions relating to electronic evidence in the Bharatiya Sakshya Adhiniyam
Let’s Learn.
Why in the News?
Some changes have been made in the provisions relating to electronic evidence in the Bharatiya Sakshya Adhiniyam 2023, which is to replace the Indian Evidence Act.
Context of the News:
- The three newly enacted criminal laws, the Bharatiya Nyay Sanhita (to replace the IPC), the Bharatiya Nagarik Suraksha Sanhita (to replace the CrPC), and the Bharatiya Sakshya Adhiniyam (to replace the Indian Evidence Act) are to come into force on July 1, 2024.
- Significantly, Section 106(2) of the BNS, which prescribes 10 years imprisonment for fatal accidents if they are not immediately reported to the police, has been put on hold, as notified by the Central government.
- Some changes have been made in the Bharatiya Nagarik Suraksha Sanhita (BNSS) in connection with the investigation and police functioning.
The scope of secondary evidence has been slightly broadened and some changes have been made in the provisions relating to electronic evidence in the Bharatiya Sakshya Adhiniyam.
Key Highlights of the Bhartiya Nyay Sanhita (BNS) Act, 2023:
1. The Bharatiya Nyay Sanhita retains most offenses from the IPC (1860). It adds community service as a form of punishment.
2. Sedition is no longer an offense. Instead, there is a new offense for acts endangering the sovereignty, unity, and integrity of India.
3. The BNS adds terrorism as an offense. It is defined as an act that intends to threaten the unity, integrity, security or economic security of the country, or strike terror in the people.
4. Organized crime has been added as an offense. It includes crimes such as kidnapping, extortion, and cyber-crime committed on behalf of a crime syndicate. Petty organized crime is also an offense now.
5. The BNS retains the provisions of the IPC on rape and sexual harassment. It does not consider recommendations of the Justice Verma Committee (2013) such as making the offense of rape gender-neutral and including marital rape as an offense.
The BNS omits Section 377 of IPC which was read down by the Supreme Court. This removes rape of men and bestiality as offenses.
6. Murder by a group of five or more persons on grounds of certain identity markers such as caste, language, or personal belief will be an offense with a penalty of life imprisonment or death, and with a fine.
7. Most importantly, it criminalizes ‘deceitful’ promises to marry.The Clarity specified on New Provisions related to Electronic Records is as follows:
- On Electronic Records: Definition of “document” includes electronic records on emails, server logs, documents on computers, laptops or smartphones, messages, websites, locational evidence, and voice mail messages stored on digital devices, etc.
- On Primary Electronic Evidence: Video recordings stored in electronic form are primary evidence. This may help the investigating agencies in fixing the culpability of a cyber-criminal.
- Section 63: ‘Semiconductor memory‘ and ‘communication device’ don’t change the impact of the provision. However, the IT Act, 2000 has a definition of “electronic form” in a broad view.
Present Dilemma on Data Integrity:
- Admissibility of Electronic Records: The law regarding the use of electronic records is clear, with specific requirements for their admissibility. A recent Supreme Court judgment emphasized the necessity of a certificate under Section 65-B (4) for electronic records to be admissible.
- This certificate, now under Section 63(4) of the BSA, must be signed by two individuals: the person in charge of the device and an expert. While timely submission of this certificate is preferred, its absence can be rectified without harming the accuser’s rights.
- Ensuring Data Integrity: The certificate includes a hash value obtained through a specific algorithm to ensure data integrity. The use of secure hash algorithms like SHA256 is recommended to safeguard data integrity, as opposed to potentially vulnerable algorithms like MD5 and SHA1.
Challenges associated with preparedness to adopt New Format:
- Preparedness with Cyber Environment: Expert certification for electronic records admission will increase cyber laboratories’ workload as most crimes involve smartphones, with call records and location data aiding investigations.
- Lack of Human Resource: Requiring expert-signed certificates for every record may strain cyberlabs lacking manpower. For example, some cyberlabs (such as in Chhattisgarh) are not even notified under the IT Act to give expert opinion on electronic records.
- Need Optimal Opinion: Expert opinion should be sought only when record integrity is disputed during trial.
Way Forward:
- Need for an Awareness Drive: A general awareness campaign on encryption methods is needed, especially for private agencies using electronic devices for security.
- Infrastructure Readiness: Enforcement agencies must prepare infrastructure before July to handle increased responsibilities effectively.
References:
https://prsindia.org/billtrack/the-bharatiya-nyaya-second-sanhita-2023
References: https://www.thehindu.com/opinion/op-ed/the-economic-case-for-investing-in-indias-children/article67896821.ece
- The three newly enacted criminal laws, the Bharatiya Nyay Sanhita (to replace the IPC), the Bharatiya Nagarik Suraksha Sanhita (to replace the CrPC), and the Bharatiya Sakshya Adhiniyam (to replace the Indian Evidence Act) are to come into force on July 1, 2024.
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Appointment of Lokpal chairperson
Why in the News?
Recently, the former SC judge A.M. Khanwilkar has been appointed as Lokpal chairperson.More details on the news:
- The Lokpal has been working without its regular Chief after Justice Pinaki Chandra Ghose completed his term on May 27, 2022. Justice Pradip Kumar Mohanty, a judicial member of the Lokpal, is currently the acting chairperson.
- Former High Court judges Lingappa Narayana Swamy, Sanjay Yadav and Ritu Raj Awasthi have been appointed as judicial members of the Lokpal.
About Lokpal:
- The Lokpal is established up under the Lokpal and Lokayuktas Act 2013 to investigate corruption allegations against public functionaries.
- Former Supreme Court Justice Pinaki Chandra Ghose assumed office as the first Lokpal chairperson in March 2019.
- India is a signatory to the United Nations Convention against Corruption. The establishment of Lokpal reflects the government’s commitment to clean and responsive governance by combating corruption.
Composition of Lokpal:
- The Lokpal consists of a chairperson and eight members – four judicial and four non-judicial.
- Appointed by the President of India for a 5-year term or until they reach 70 years of age, whichever comes first.
- Appointment Process: The President appoints the Chairperson and Members based on recommendations from a Selection Committee comprising the Prime Minister, Speaker of the House of the People, Leader of Opposition in the House of the People, Chief Justice of India or a nominated Supreme Court Judge, and an eminent jurist nominated by the President.
Lokpal’s Jurisdiction:
- The Lokpal investigates corruption allegations against current or former Prime Ministers, Union Ministers, Members of Parliament, and officials in Groups A, B, C, and D of the Union Government.
- It extends to chairpersons, members, officers, and directors of entities established by an Act of Parliament or funded by the Union or State government.
- The jurisdiction includes societies, trusts, or bodies receiving foreign contributions exceeding ₹10 lakh (approximately US$14,300 as of 2019)
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RBI updates the Framework related to Regulatory Sandbox scheme
Why in the News?
Recently, there have been significant updates made to the guidelines for the Regulatory Sandbox (RS) scheme by the RBI.
What is the Regulatory Sandbox (RS) scheme?
- Regulatory Sandbox (RS) scheme involves live testing of new financial products or services in a controlled regulatory environment with potential relaxations for testing purposes.
- It allows regulators, innovators, financial service providers, and customers to test new financial innovations, collecting evidence on benefits and risks.
- It facilitates the development of innovation-friendly regulations, enabling the delivery of low-cost financial products.
- It enables Dynamic Regulatory Environments that adapt to emerging technologies
What is the objective behind this decision of RBI?
- Through this decision, RBI aims to encourage responsible innovation in financial services and ensure compliance with digital personal data protection norms.
- This new adopted framework will enable on-tap proposals, replacing the previous structure where RBI presented the challenges to a cohort of technology firms and required them to devise solutions within a specified time frame.
- Secondly, through this decision, the central bank (RBI) remains committed to supporting innovation and technology in the financial sector.
- For example, recenty, the Paytm Payments Bank, due to its failure to comply with RBI norms, stifled innovation.
Key Highlights of the RBI’s Updated guidelines on Regulatory Sandbox scheme:
- Framework Alignment with Digital Personal Data Protection Act: The updated framework requires sandbox entities to ensure compliance with provisions of the Digital Personal Data Protection Act, 2023.
- Diverse Range of Target Applicants: The target applicants for entry to the RS are fintech companies, including startups, banks, financial institutions, any other company, Limited Liability Partnership (LLP) and partnership firms, partnering with or providing support to financial services businesses.
- Digital Personal Data Protection Norms Compliance: Under the updated guidelines, participating entities will have to comply with digital personal data protection norms.
- Origins of Regulatory Sandbox Framework: The RBI had issued the ‘Enabling Framework for Regulatory Sandbox’ in August 2019, after wide ranging consultations with stakeholders.
What is the Significance of Regulatory Sandbox?
- Learning by doing: RS provides empirical evidence on benefits and risks of emerging technologies, enabling regulators to make informed decisions.
- Testing viability: RS allows testing of product’s viability without large-scale roll-out, enabling modifications before broader market launch.
- Financial inclusion: RS can improve pace of innovation and technology absorption, leading to financial inclusion and improved financial reach.
- Evidence-based decision-making: RS reduces dependence on industry consultations for regulatory decision-making.
- Better outcomes for consumers: RS leads to increased range of products, reduced costs, and improved access to financial services.
What are the challenges along with Regulatory Sandbox scheme?
- Flexibility and time: Innovators may face constraints in the sandbox process, but time-bound stages can mitigate this.
- Bespoke authorizations: Transparent handling of applications and clear decision-making principles can address risks associated with discretionary judgments.
- Legal waivers: The RBI or its RS does not provide legal waivers.
- Regulatory approvals: Successful experiments in the sandbox may still require regulatory approvals for wider application.
- Legal issues: Transparency and clear criteria in the RS framework can mitigate legal issues like consumer losses, ensuring clarity on liability for risks.
Conclusion: The RBI’s updated Regulatory Sandbox guidelines promote responsible financial innovation. Addressing time constraints and ensuring transparent post-sandbox approvals are vital for fostering a conducive environment for ongoing advancements in the financial sector.