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  • Children have a Right to protect their Genetic Information from DNA tests: SC

    dna

    Central idea: The Supreme Court of India has ruled that children have the right to protect their genetic information from being revealed in DNA tests without their consent.

    Right to protect Genetic Information

    • The right to protect genetic information is a fundamental right that recognizes an individual’s autonomy and control over their own personal and intimate genetic data.
    • It allows individuals to make informed decisions about their health, privacy, and identity.
    • In India, the Supreme Court has also held that children have the right to protect their genetic information from DNA testing in divorce proceedings, as it is part of their fundamental right to privacy.
    • This is guaranteed under Article 21 of Indian Constitution.
    • This right is recognized under various international human rights instruments, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.

    Key takeaways from the Judgment

    • The court ruled that-
    1. Genetic information is personal and intimate
    2. Children have the right to privacy and bodily integrity
    3. Children are not to be regarded like material objects and should not become the focal point of the battle between spouses
    4. Allowing DNA tests would also harm the reputation and dignity of the mother

    Basis of this judgment

    • The court drew attention to the rights of privacy, autonomy and identity recognised under the United Nations’ Convention on the Rights of the Child.
    • It acknowledged the control that individuals, including children, have over their own personal boundaries and the means by which they define who they are in relation to other people.
    • Children are not to be deprived of this entitlement to influence and understand their sense of self simply by virtue of being children.

    How can one get the tests done?

    • Family courts should direct for a DNA test only in expedient situations and in the interest of justice, as a last resort, said the judgment.
    • This should be practised as the option of last resort.

     

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  • India, Singapore launch UPI-PayNow Linkage

    upi

    India’s Unified Payments Interface (UPI) and Singapore’s PayNow were officially connected to allow a “real-time payment linkage”.

    What are UPI and PayNow?

    [A] Unified Payments Interface (UPI)

    • UPI is India’s mobile-based fast payment system, which facilitates customers to make round-the-clock payments instantly, using a Virtual Payment Address (VPA) created by the customer.
    • It eliminates the risk of sharing bank account details by the remitter.
    • UPI supports both Person-to-Person (P2P) and Person-to-Merchant (P2M) payments and it also enables a user to send or receive money.

    [B] PayNow

    • It is a fast payment system in Singapore.
    • It enables peer-to-peer funds transfer service, available to retail customers through participating banks and Non-Bank Financial Institutions (NFIs) in Singapore.
    • It allows users to send and receive instant funds from one bank or e-wallet account to another in Singapore by using just their mobile number, Singapore National Registration Identity Card (NRIC)/Foreign Identification Number (FIN), or VPA.

    What is the UPI-PayNow linkage?

    • Cross-border retail payments are generally less transparent and more expensive than domestic transactions.
    • The project to link both the fast payment systems was initiated in September 2021 to facilitate faster, more efficient and transparent cross-border transactions relating to trade, travel and remittances between the two countries.

    Significance of the integration

    • Enhanced cross-border transactions: The integration will enable easier cross-border transactions between India and Singapore, reducing the need for intermediaries and associated costs.
    • Easier remittances: The integration will make it easier for Indian workers in Singapore to send money back home to their families.
    • Boost to trade and investment: The integration will facilitate smoother transactions between businesses in the two countries, potentially increasing trade and investment.
    • Strengthening of diplomatic ties: The integration is expected to improve diplomatic ties between India and Singapore.

    How the integration works?

    • The integration is made possible through the use of standardized QR codes.
    • The QR codes will allow users to transfer funds between the two systems in real-time, without the need for intermediaries.

    Implications for the future

    • More integrations: The success of the UPI-PayNow integration could pave the way for similar integrations between other countries.
    • Increased use of digital payments: The integration is expected to encourage the adoption of digital payments in both India and Singapore, potentially reducing the use of cash.

     

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  • In news: Survey of India

    survey

    The Survey of India (SOI), India’s 250-year-old map maker, will no longer have a monopoly on making high-resolution maps. SOI will however remain the arbiter of maps that deal with State borders and national boundaries.

    Key announcements by SOI

    • Focus on map accuracy: The SoI will now take action against digital platforms that violate its guidelines and will develop a framework to ensure the accuracy of maps.
    • Regulating use by digital platforms: The SoI has also asked digital platforms to comply with its guidelines and to seek its permission before publishing maps of the country.
    • Ensure territorial integrity: The move is aimed at ensuring that the country’s borders and territorial integrity are accurately depicted in maps, and that sensitive locations are not compromised by the publication of maps that violate the country’s security interests.

    In a nutshell: The Survey of India (SOI) will now be more like a regulatory body.

    What is Survey of India?

    • The SOI is India’s central engineering agency in charge of mapping and surveying.
    • First modern scientific survey of India” was undertaken by W. Mather in 1793–96 on instructions of Superintendent of Salem and Baramahal (TN), Col. Alexander Read.
    • Set up in 1767 to help consolidate the territories of the British East India Company, it is one of the oldest Engineering Departments of the GoI.
    • Its members are from Survey of India Service cadre of Civil Services of India and Army Officers from the Indian Army Corps of Engineers.
    • It is headed by the Surveyor General of India.

    Responsibilities

    • Advisor to Govt: Survey of India acts as adviser to the Government of India on all cartography of India related matters, such as geodesy, mapping and map reproduction.
    • Geo names: It is responsible for the naming convention and spellings of names of geographical features of India.
    • Certification and publication: Scrutiny and certification of external boundaries of India and Coastline on maps published by other agencies including private publishers.
    • Surveys: geodetic datum, geodetic control network, topographical control, geophysical surveys, cadastral surveying, geologic maps, aeronautical charts within India, such as for forests, army cantonments, large scale cities, guide maps, developmental or conservation projects, etc.
    • National borders: Demarcation of the borders and external boundaries of India as well as advice on the demarcation of inter-state boundaries.

     

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  • Can’t legislate on Women’s Marriage Age: Supreme Court

    marriage

    The Supreme Court has rejected a petition seeking a uniform minimum age of marriage for men and women stating that the matter is within the domain of the legislature and not the judiciary.

    Central idea: The minimum age of marriage, especially for women, has been a contentious issue.  It was evolved in the face of much resistance from religious and social conservatives.

    What laws govern marriage age in India?

    Following laws prescribe/mention 18 and 21 years as the minimum age of consent for marriage for women and men respectively:

    1. Special Marriage Act, 1954: It allows people from two different faith/religious backgrounds to come together in the bond of marriage
    2. Sarda Act, 1978: Named after its sponsor Harbilas Sarda, a judge and a member of Arya Samaj, was eventually amended in 1978 to prescribe 18 and 21 years as the age of marriage for a woman and a man, respectively.
    3. Prohibition of Child Marriage Act, 2006: It provides that the minimum age of marriage is 21 years in case of males, and 18 years in case of females.

    Evolution of the idea: Age of Consent

    • The IPC enacted in 1860 criminalised sexual intercourse with a girl below the age of 10.
    • The provision of rape was amended in 1927 through The Age of Consent Bill, 1927, which declared that marriage with a girl under 12 would be invalid.
    • The law faced opposition from leaders including Lokmanya Tilak, who saw the British intervention as an attack to create rift within family intuitions in the name of equal rights.
    • A legal framework for the age of consent for marriage in India only began in the 1880s.

    Central idea: Attainment of Majority

    • The minimum age of marriage is distinct from the age of majority which is gender-neutral.
    • An individual attains the age of majority at 18 as per the Indian Majority Act, 1875.
    • The law prescribes a minimum age of marriage to essentially outlaw child marriages and prevents the abuse of minors.

    How this confers ‘Unequal Treatment’?

    • Articles 14 and 21 of the Constitution guarantee the right to equality and the right to live with dignity.
    • They are clearly violated by having different legal age for men and women to marry, argue activists.

    Supreme Court rulings supportive to this

    • NALSA vs. Union of India, 2014: The Supreme Court while recognizing transgenders as the third gender said that justice is delivered with the “assumption that humans have equal value and should, therefore, be treated as equal, as well as by equal laws.”
    • Joseph Shine v Union of India, 2019: The Court decriminalized adultery and said that “a law that treats women differently based on gender stereotypes is an affront to women’s dignity.”

    Contention over different legal standards

    • No rationale behind: There is no reasoning in the law for having different legal standards of age for men and women to marry.
    • More of religious decree: The laws are a codification of custom and religious practices.
    • Stereotype for male dominance: The Law Commission consultation paper has argued that having different legal standards “contributes to the stereotype that wives must be younger than their husbands”.
    • Promotes premature marriage of girl child: Women’s rights activists have argued that the law also perpetuates the stereotype that women are more mature than men and therefore, can be allowed to marry sooner.
    • Motherhood complexities: An early age of marriage, and consequent early pregnancies, also have impacts on nutritional levels of mothers and their children, and their overall health and mental wellbeing.
    • Other factors: Early marriage age has latent outcomes such as early dropouts from school, deprivation from higher education etc.

    Why is the law being relooked at?

    • Prevalence of child marriage: Despite laws mandating minimum age and criminalizing sexual intercourse with a minor, child marriages are very prevalent in the country.
    • Bring gender-neutrality: From bringing in gender-neutrality to reduce the risks of early pregnancy among women, there are many arguments in favour of increasing the minimum age of marriage of women.
    • Protection from abuse: This will essentially outlaw premature girls marriages and prevent the abuse of minors.
    • Women empowerment: The decision would empower women who are cut off from access to education and livelihood due to an early marriage.

    Policy measures in this regard: Jaya Jaitly Committee

    • In June 2020, the Ministry of WCD set up a task force to look into the correlation between the age of marriage with issues of women’s nutrition, prevalence of anaemia, IMR, MMR and other social indices.
    • The committee was to look at the feasibility of increasing the age of marriage and its implication on women and child health, as well as how to increase access to education for women.

    Key recommendations

    • The committee has recommended the age of marriage be increased to 21 years, on the basis of feedback they received from young adults from 16 universities across the country.
    • The committee also asked the government to look into increasing access to schools and colleges for girls, including their transportation to these institutes from far-flung areas.
    • Skill and business training has also been recommended, as has sex education in schools.
    • The committee said these deliveries must come first, as, unless they are implemented and women are empowered, the law will not be as effective.

    Criticism of the move to raise the legal ages

    • Promote illegal marriages: Such legislation would push a large portion of the population into illegal marriages leading to non-institutional births.
    • Ineffectiveness of existing laws: Decrease in child marriages has not been because of the existing law but because of an increase in girls’ education and employment opportunities.
    • Unnecessary coercion: The law would end up being coercive, and in particular negatively impact marginalized communities, such as the Scheduled Caste and Scheduled Tribes, making them law-breakers.

    Way forward

    • Enacting Legislation: Establishing a Uniform Minimum Age of Marriage for Both Men and Women
    • Effective Implementation and Enforcement: Preventing Child Marriages and Gender-Based Discrimination
    • Addressing Root Causes: Improving Access to Education and Healthcare, Promoting Women’s Participation, and Reducing Gender-Based Violence and Discrimination
    • Coordinated Multi-Sectoral Approach: Involving the Government, Civil Society and religious scholars.

     

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  • Shedding The Colonial Legacy By Promoting Mother Languages

    Colonial

    Central idea

    • Former Vice President of India, M Venkaiah Naidu, has emphasized the importance of shedding the colonial legacy in India by promoting and creating content in mother languages. He has pointed out that during the colonial era, the British rulers-imposed English as the language of administration, education, and communication, which led to the neglect of Indian languages.

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    Colonial

    International Mother Language Day

    • In November 1999, UNESCO declared February 21 as International Mother Language Day in response to the declining state of many languages all over the world.
    • This year’s theme, “Multilingual education a necessity to transform education,” underscores the importance of using multiple languages in framing an impactful system of education.
    • It is appropriate, therefore, that revitalising languages that are disappearing or are threatened with extinction is one of the themes of Mother Language Day this year

    The International Mother Language Day has added significance: Indian context

    • India’s Linguistic heritage: India is an ancient repository of hundreds of languages and thousands of dialects with rich linguistic and cultural diversity. Our languages, which are an integral part of our ancient culture, give us a sense of identity.
    • The threat westernisation poses: The International Mother Language Day has added significance in the Indian context because of the threat westernisation poses to the survival of as many as 42 of our dialects and languages which have fewer than 10,000 users.
    • Grim situation of not having access to education in their mother tongue: The situation is equally grim all over the world with 40 per cent of the speakers of 6,700 languages not having access to education in their mother tongue.

    Colonial

    Highlighting the significance of Mother tongue

    • To express deepest feelings: It is in our mother tongue that we express, with authenticity, our, feelings, values and ideals, as also our literary endeavours.
    • Homeland of our innermost thoughts: The former UNESCO Director-General, Koichiro Matsura, highlighted the irreplaceable significance of one’s mother tongue when he observed that the languages, we learn from our mothers are the homeland of our innermost thoughts.
    • Science must be taught in mother tongue: The Nobel Prize-winning Physicist C V Raman said, “We must teach science in our mother tongue. Otherwise, science will become a highbrow activity. It will not be an activity in which all people can participate.”
    • Better performance: A number of studies have shown that children who learn in their mother tongue in their formative years perform better than those taught in an alien language.
    • View of Gandhiji: Writing in Young India in 1921, Mahatma Gandhi spoke with concern, of the strain of the foreign medium which turned “our children into crammers and imitators.” Gandhiji foresaw how “the foreign medium has made our children practically foreigners in their own land.

    Colonial legacy

    • It been 75 years, still carrying the colonial legacy: Even as we celebrate Azadi ka Amrit Mahotsav, to mark 75 years of Independence, we have not been able to shed this colonial legacy of dependence on English.
    • Mother tongue as a second language: Educators and parents continue to accord unquestioned primacy to English and, as a result, the child is compelled to study his or her mother tongue as a second/third language at school.
    • Building barriers in the path of our progress: Our emphasis on English has, ironically, made the educational system exclusive and restrictive. As a result, while limiting the acquisition of knowledge in technical and professional courses, to a select few, we made it inaccessible to a vast majority of our students.

    Colonial

    Shedding the colonial legacy

    • The National Education Policy (NEP): The NEP 2020 is a farsighted document which advocates education in one’s mother tongue right from the primary-school level.
    • BTech programmes in 11 native languages: Prime Minister Narendra Modi, in his address in 2021, marking the first anniversary of the National Education Policy (NEP), hailed the AICTE’s landmark decision to permit BTech programmes in 11 native languages.
    • Promotion of mother tongue education in colleges and universities: The UGC has, in a welcome move, written to governors and chief ministers of various states to give a fillip to measures for the promotion of mother tongue education in colleges and universities.
    • For instance: In a survey conducted by AICTE in February last year of over 83,000 students, nearly 44 per cent voted in favour of studying engineering in their mother tongue, highlighting its necessity.
    • Initiative to give prominence to native language: The Centre’s initiative to give prominence to native languages in employment and job creation is a welcome step.
    • Examinations in native languages: It is also heartening that the Staff Selection Commission has decided to conduct examinations in 13 Indian languages in addition to Hindi and English.
    • Supreme court verdicts accessible in all Indian languages: Similarly, the Supreme Court’s decision to make verdicts accessible in all Indian languages is of great significance.

    Colonial

    Conclusion

    • NEP’s emphasis on mother tongue as the medium of instruction will instil confidence in students belonging to poor, rural and tribal backgrounds. These steps need to be scaled up at all levels. Moreover, we must hasten the process of content creation in mother languages, especially with respect to technical and professional courses. Leveraging technology will drive development in this respect.

    Mains Question

    Q. India has rich linguistic diversity. In this backdrop discuss the importance of mother language specifically in education policy.

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  • Antimicrobial Resistance (AMR): An Invisible Pandemic

    AMR

    Central Idea

    • While the world is emerging from the acute phase of the COVID-19 pandemic, the very harmful but invisible pandemic of Antimicrobial Resistance (AMR) is unfortunately here to stay. Most countries understood in 2020 the clear and present danger of COVID-19, forcing governments, including India’s, to respond with speed and accuracy. The rapidly rising AMR rates also need an accelerated, multi-sectoral, global and national response.

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    AMR

    What is Antimicrobial Resistance (AMR)?

    • Antimicrobial resistance (AMR) is a natural phenomenon that occurs when microorganisms such as bacteria, viruses, fungi, and parasites evolve to become resistant to antimicrobial drugs such as antibiotics, antivirals, antifungals, and antiparasitics that were previously effective in treating infections caused by those microorganisms.

    The Threat of Antimicrobial Resistance

    • Human deaths: In 2019, AMR caused approximately 4.95 million human deaths worldwide, highlighting the urgency of addressing this issue.
    • Report by OECD: A 2018 report by the Organisation for Economic Co-operation and Development warned that the world could experience a significant rise in resistance to second and third-line antibiotics by 2030.
    • Resistance increases by 5% to 10% every year: A 2022 study by the Indian Council of Medical Research (ICMR) revealed that resistance to broad-spectrum antimicrobials increases by 5% to 10% every year.
    • High rate of resistance found in commonly used drugs: The Indian Network for Surveillance of Antimicrobial Resistance (INSAR) also found a high rate of resistance to commonly used drugs such as ciprofloxacin, gentamicin, co-trimoxazole, erythromycin, and clindamycin, underscoring the importance of taking steps to combat AMR.
    • High levels of resistance: WHO has increasingly expressed concern about the dangerously high levels of antibiotic resistance among patients across countries.
    • For example: Ciprofloxacin, an antibiotic commonly used to treat urinary tract infections. According to WHO, resistance to ciprofloxacin varied from 8.4% to 92.9% for Escherichia coli (E. coli) and from 4.1% to 79.4% for Klebsiella pneumoniae (a bacteria that can cause life-threatening infections such as pneumonia and intensive care unit- related infections). The global epidemic of TB has been severely impacted by multidrug resistance patients have less than a 60% chance of recovery.
    • Adds burden to communicable disease: AMR adds to the burden of communicable diseases and strains the health systems of a country, making it even more challenging to address health crises.

    What is Muscat conference is about?

    • Ministerial Conference on AMR: Third Global High-Level Ministerial Conference on Antimicrobial Resistance (November 24-25, 2022) held in Muscat where over 30 countries adopted the Muscat Ministerial Manifesto on AMR.
    • The conference focused on three health targets:
    1. Reduce the total amount of antimicrobials used in the agri-food system at least by 30-50% by 2030;
    2. Eliminate use in animals and food production of antimicrobials that are medically important for human health;
    3. Ensure that by 2030 at least 60% of overall antibiotic consumption in humans is from the WHO Access group of antibiotics.
    • Muscat Manifesto:
    1. Need to accelerate One Health action: The manifesto recognised the need to accelerate political commitments in the implementation of One Health action for controlling the spread of AMR.
    2. Need to address the overall impact of AMR: It also recognised the need to address the impact of AMR not only on humans but also on animals, and in areas of environmental health, food security and economic growth and development.

    Government efforts so far

    • The National Action Plan on Antimicrobial Resistance (2017-21): The National Action Plan on AMR emphasised the effectiveness of the government’s initiatives for hand hygiene and sanitation programmes such as Swachh Bharat Abhiyan, Kayakalp and Swachh Swasth Sarvatra.
    • Increasing community awareness: The government has also attempted to increase community awareness about healthier and better food production practices, especially in the animal food industry.
    • Specific guidelines regarding use and limiting use of antibiotics: The National Health Policy 2017 also offered specific guidelines regarding use of antibiotics, limiting the use of antibiotics as over-the-counter medications and banning or restricting the use of antibiotics for growth promotion in livestock.
    • Called for scrutiny of antibiotic prescriptions: It also called for scrutiny of prescriptions to assess antibiotic usage in hospitals and among doctors.

    AMR

    Examples of Limiting AMR worldwide

    • Less use of Antimicrobials less likely resistance: Scientific evidence suggests that the less antimicrobials are used, it is less likely that there will be an emergence of drug resistance.
    • Netherlands and Thailand: Countries such as the Netherlands and Thailand have decreased their usage by almost 50%.
    • China: In China, the consumption of antibiotics in the agricultural sector has fallen substantially.

    Way ahead: India’s role

    • India committed to strengthen surveillance: India has committed to strengthening surveillance and promoting research on newer drugs.
    • GLASS: It also plans to strengthen private sector engagement and the reporting of data to the WHO Global Antimicrobial Resistance and Use Surveillance System (GLASS) and other standardised systems.

    AMR

    Conclusion

    • The various G-20 health summits spread through 2023 offer an opportunity for India to ensure that all aspects of AMR are addressed and countries commit to progress. As the current G-20 president, and as a country vulnerable to this silent pandemic, India’s role is critical in ensuring that AMR remains high on the global public health agenda.

    Mains question

    Q. In the backdrop of recently held Muscat Conference on AMR highlight the threats posed by AMR and Discuss India’s efforts in combating the silent pandemic.

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  • Marital age: Laws Are Not Enough As Enforcement Is Poor

    age

    Central Idea

    • Recently, the Supreme Court dismissed a petition seeking to increase the minimum age of marriage of women in India from 18 years to 21 years. The Chief Justice of India, D.Y. Chandrachud, noted that the power to amend the law lies with Parliament.

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    The Prohibition of Child Marriage (Amendment) Bill, 2021

    • Amendment to the Prohibition of Child Marriage Act, 2006: The Prohibition of Child Marriage (Amendment) Bill, 2021 is a proposed amendment to the Prohibition of Child Marriage Act, 2006, which is an Indian law that prohibits the marriage of children below the age of 18 for girls and 21 for boys.
    • Aim to strengthen the existing laws: The bill was introduced in the Indian Parliament in March 2021 with the aim of strengthening the existing law and further protecting the rights of children. Some of the key provisions of the bill include
    • Referred to the Standing Committee: But after Opposition MPs demanded greater scrutiny of the Bill, it was referred to the Parliamentary Standing Committee.

    Why the age of marriage of women matters?

    • Age of marriage has bearing on maternal mortality rates, fertility levels, nutrition of mother and child, sex ratios, and, on a different register, education and employment opportunities for women.
    • It is also argued that other factors such as poverty and health services were far more effective as levers for improving women’s and children’s health and nutritional status.

    Some of the key provisions of the Bill

    • Making registration of marriages mandatory: The bill proposes to make registration of all marriages, including child marriages, mandatory. This is aimed at improving the implementation of the law and making it easier to track and prevent child marriages.
    • Making child marriages voidable: The bill proposes to make child marriages voidable at the option of the contracting party who was a child at the time of marriage. This means that a child who was married before the age of 18 can seek to have the marriage declared void, provided it is done within two years of attaining adulthood.
    • Punishment for promoting or permitting child marriage: The bill proposes to increase the punishment for promoting or permitting child marriage. The punishment for such offences will now be imprisonment of up to two years and/or a fine of up to one lakh rupees.

    age

    Scrutiny before passing it?

    • Despite of the legal age girl married before their 18th birthday: The caution exercised by the Supreme Court and the advice of the Opposition MPs to scrutinise the Bill before passing it is well grounded. This is because, despite the legal age of marriage for women being 18 years, almost 23% of women who were aged between 20 and 24 years in 2019-21 married before their 18th birthday.
    • State wise: In fact, in the eastern States of Bihar and West Bengal, the share was over 40% In Assam, Andhra Pradesh and Rajasthan, the share was over 25%. The share was below 10% in Kerala, Himachal Pradesh, Punjab and Uttarakhand, among other States.
    • Less no of cases reported despite of high prevalence: Despite such a high share of women marrying before turning 18 years, only 1,050 cases were registered under The Prohibition of Child Marriage Act in 2021, according to the National Crime Records Bureau.
    • Question of enforcement gets even bigger: With the Bill proposing to raise the legal age from 18 to 21, the question of enforcement gets even bigger. In India, over 60% of women who were aged between 25 and 29 in 2019-21 married before their 21st birthday. In the eastern States of Bihar and West Bengal, the share was over 70%.

    Way ahead

    • While laws can be changed, enforcement may remain weak as underage marriages are rarely reported.
    • Education, more than wealth, determines women’s marital age
    • Better-educated women have had more control over when they should get married for decades now.
    • The Data Point also showed that due to awareness and better negotiation powers, younger women have pushed up their median marriage age by many years compared to their mothers and grandmothers.

    age

    Conclusion

    • Overall, the Prohibition of Child Marriage (Amendment) Bill, 2021 is an important step towards strengthening the legal framework to prevent child marriages in India and ensuring that children are protected from this harmful practice. However, raising the bar alone may not be sufficient. Enforcement while emphasizing education awareness will be the key.

    Mains Question

    Q. While laws can be changed, enforcement may remain weak as underage marriages are rarely reported In this light discuss why the age of marriage of women matters?

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  • 21st Feb 23 | Prelims Daily with Previous Year Questions

    21st Feb 23 | Prelims Daily with Previous Year Questions

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  • Digital Personal Data Protection Bill: Need A Pre-legislative Consultation

    protection

    Central Idea

    • The Ministry of Electronics and Information Technology has drafted a Digital Personal Data Protection (DPDP) Bill. A data protection law must safeguard and balance peoples’ right to privacy and their right to information, which are fundamental rights flowing from the Constitution. Unfortunately, this Bill fails on both counts.

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    Why do we need data protection?

    • Increasing internet use: India currently has over 750 million Internet users, with the number only expected to increase in the future.
    • Data breaches: At the same time, India has among the highest data breaches in the world. Without a data protection law in place, the data of millions of Indians continue to be at risk of being exploited, sold, and misused without their consent.
    • Individual privacy: Data monetization may happen at cost of individual privacy. The most sought-after datasets are those that contain sensitive personal data of individuals, ex. medical history, and financial data.
    • Lack of writ proceedings against corporate action: Unlike state action, corporate action or misconduct is not subject to writ proceedings in India. This is because fundamental rights are, by and large, not enforceable against private non-state entities. This leaves individuals with limited remedies against private.

    DPDP Bill, 2022 is based on seven principles

    According to an explanatory note for the bill, it is based on seven principles-

    • Lawful use: The first is that “usage of personal data by organisations must be done in a manner that is lawful, fair to the individuals concerned and transparent to individuals.”
    • Purposeful dissemination: The second principle states that personal data must only be used for the purposes for which it was collected.
    • Data minimisation: Bare minimum and only necessary data should be collected to fulfill a purpose.
    • Data accuracy: At the point of collection. There should not be any duplication.
    • Duration of storage: The fifth principle talks of how personal data that is collected cannot be “stored perpetually by default,” and storage should be limited to a fixed duration.
    • Authorized collection and processing: There should be reasonable safeguards to ensure there is “no unauthorised collection or processing of personal data.”
    • Accountability of users: The person who decides the purpose and means of the processing of personal data should be accountable for such processing.

    Why the Bill must be put through a process of rigorous pre-legislative consultation?

    • Dilutes the provisions of the Right to Information (RTI) Act: The Bill seeks to dilute the provisions of the Right to Information (RTI) Act, which has empowered citizens to access information and hold governments accountable. It is behind the cloak of secrecy that the rights of individuals are most frequently abrogated, and corruption thrives.
    • Fails to safeguard right to privacy: Proposed Bill creates wide discretionary powers for the Central government and thus fails to safeguard people’s right to privacy.
    • For instance: Under Section 18, it empowers the Central government to exempt any government, or even private sector entities, from the provisions of the Bill by merely issuing a notification.
    • The Bill does not ensure autonomy of the Data Protection Board: Given that the government is the biggest data repository, it was imperative that the oversight body set up under the law be adequately independent to act on violations of the law by government entities. The Bill does not ensure autonomy of the Data Protection Board, the institution responsible for enforcement of provisions of the law.
    • Government direct control over the Data Protection Board: The Central government is empowered to determine the strength and composition of the Board and the process of selection and removal of its chairperson and other members.
    • Serious apprehensions of its misuse by the executive: The Central government is also empowered to assign the Board any functions under the provisions of this Act or under any other law.
    • Going digital by design fails to those who do not have meaningful access: The Bill stipulates that the Data Protection Board shall be ‘digital by design’, including receipt and disposal of complaints. As per the latest National Family Health Survey, only 33% of women in India have ever used the Internet. The DPDP Bill, therefore, effectively fails millions of people who do not have meaningful access to the Internet.

    Conclusion

    • The government has been given the power to exempt not only government agencies but any entity that is collecting user data, from having to comply with the provisions of this bill when it is signed into law.

    Mains question

    Q. It is behind the cloak of secrecy that the rights of individuals are most frequently abrogated, and corruption thrives. Discuss.

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  • [Burning Issue] Shiv Sena Party Symbol Conundrum

    symbol

    Context

    • The Election Commission of India (ECI) has recognized the Eknath Shinde group as the official “Shiv Sena”, allowing them to use the official “Bow & Arrow” symbol and “Shiv Sena” name.
    • The Uddhav Thackeray faction has been allowed to use the name “Shiv Sena (Uddhav Balasaheb Thackeray)” and the symbol of the “flaming torch” for the upcoming bye-elections in the Maharashtra assembly.
    • In this context, this edition of the burning issue will elaborate on the topic of allotment of elections symbols, EC’s role and overall party politics in India. The topic is important for the upcoming Prelims as well as Mains Examination.

    What are party election symbols?

    • An election symbol is a standardized symbol allocated to a political party. They are used by the parties during their campaigning and are shown on Electronic Voting Machines (EVMs), where the voter chooses the symbol and votes for the associated party.
    • They were introduced to facilitate voting by illiterate people, who can’t read the name of the party while casting their votes.

    How does the Election Commission decide on party symbol disputes?

    • In the 1960s, the Government of India proposed that the regulation, reservation and allotment of electoral symbols should be done through a law of Parliament, i.e., Symbols Order.
    • In a response to this proposal, the Election Commission of India (ECI) stated that the recognition of political parties is supervised by the provisions of the Election Symbols (Reservation and Allotment) Order, 1968 and so will the allotment of symbols. In 1968, the Election Commission promulgated this order.
    • Symbols order has provisions regarding the registration and recognition of political parties as state and national parties.
    • Under Paragraph 15 of the Order, it can decide disputes among rival groups or sections of a recognized political party staking claim to its name and symbol.
    • As per the guidelines, when a recognized political party splits, the Election Commission decides on assigning the symbol by evaluating the support enjoyed by a claimant in both organizational and legislative wings. within the political party.
    • Where it is not possible to decide which group has a majority, the EC may freeze the party’s symbol and allow the groups to register with new names.
    • Additionally, the Supreme Court in the Sadiq Ali case (1972) formulated three tests for deciding on party symbol disputes. In this case, only one test proved conclusive.

    3 tests formulated by the Supreme Court

    Following are the three tests and their application as per which the ECI made its decision–

    Test of Aims and Objects of the Party Constitution

    • Regarding this test, the ECI found that the test could not yield an effective outcome as both sides claimed adherence to the aims and objectives of the party. Therefore, ECI held–

    “The application of this test will render an inconclusive answer for the purpose of adjudicating the present dispute.”

    Test of Party Constitution

    • While applying this test, the commission found that the party constitution on which the respondent (Uddhav Thackeray faction) was placing strong reliance was undemocratic. Further, the complete list of office bearers of various bodies was not provided to the commission, whenever elections were held or appointments were made. As per the commission –

    “Any reliance on the test of party constitution for determining the present dispute case would be undemocratic and catalytic in spreading such practices across parties.”

    Test of Majority

    • The election commission of India found that the majority test was in favor of the petitioner (Eknath Shinde faction). The commission found that the majority test outcome in the legislative wing reflected the qualitative superiority of the majority test in favor of the Shinde faction.

    Bigger Picture: Democratic Deficit in Political Parties

    • Several of the political parties in India have witnessed factionalism in the recent past some examples being Janata Dal (United), Samajwadi Party, Indian National Congress etc. highlighting the issue of democratic deficit in political parties.
    • In its order, the ECI highlighted the importance of internal party democracy. It stated–

    “The requirement for a written constitution of political parties and an undertaking to the effect that such Constitution adheres to the norms of democracy prescribed in the Constitution of India is meant to promote inner party democracy.”

    Other Issues with Political Parties in India

    • Lack of proper organisation: Another feature of the Indian party system is its lack of structure. Political parties live and die by their organization.
    • Groupism inside India’s party structure: In India, groupism is a major problem for every political party. This shatters a party’s cohesiveness, causing it to split into several factions. Ex. INC, NCP, TMC.
    • Extra-constitutional ways of gaining power: Political parties do not hesitate to utilize uncertain measures to gain political power in addition to legitimate means. Ex. Resort Politics
    • Populist tendencies: In India, it is well-noticed that political parties turn to populist politics to gain power. They take unfair advantage of people’s emotions and compulsions, promote populist slogans, and mislead the public. Ex. Temple reconstruction movements
    • Lack of discipline among party members:  It has been observed that members of various political parties are unconcerned about party discipline, preferring instead to sling dirt at one another. Ex. Undue political statements
    • Communal characteristics: The people of India are influenced by caste and religion, and they have a strong sense of allegiance to their caste and religion.
    • Criminalization of politics: Leaders are valued for their capacity to attract crowds and raise funds as elections become more and more expensive.

    How to attain Internal Democracy within parties?

    • Internal elections: It shall be the duty of the political party to take appropriate steps to ensure the holding of elections at all levels. The political party shall hold elections in an unpartisan way by their ‘karyakartas’.
    • Strengthening Anti-defection Law: The Anti-Defection Act of 1985 requires the party legislators to act according to the party whip which is decided by the diktats of the highest party leadership. One way to democratize political parties is to promote intra-party dissent.
    • Limited reservations: Seats can be reserved for women and members of the backward community including minorities.
    • Empowering ECI: The ECI shall be competent to inquire into allegations of non-compliance with any of the provisions requiring elections.
    • Social audit and penal provisions: ECI should have the penal power to deregister a party until free and fair elections in the party are conducted.
    • Encouraging a new generation of leaders: For a long, there is a widespread impression created that a lot of good people shy away from politics. It is, therefore, necessary that this impression be changed and efficient people brought into the political arena.

    Way forward

    • The 170th report of the Law Commission of India on the reform of electoral laws dedicated an entire chapter to the necessity of providing laws relating to internal democracy within parties.
    • It observed that a political party that does not respect democratic principles in its internal working cannot be expected to respect those principles in the governance of the country.
    • The National Commission for Review of Working of Constitution states that there should be comprehensive legislation regulating the registration and functioning of political parties or alliances of parties in India.

    Conclusion

    • The top leaders of the political parties need to introspect and allow for democratic decision-making in the party’s affair’s thus paving the way for intra-party democracy.
    • Such a step would strengthen the Party Culture in India, thus improving the Political ethics and overall Politics in India.

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