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Note4students

It is important due to its applications in many fields(as given below).

Basics of the ‘Big Data’

Big data is a term for data sets that are so large or complex that traditional data processing application software is inadequate to deal with them. Big data challenges include capturing data, data storage, data analysis, search, sharing, transfer, visualization, querying, updating and information privacy.

The data could be from social networks, web server logs, traffic flow sensors, satellite imagery, broadcast audio streams, banking transactions, MP3s of rock music, the content of web pages, scans of government documents, GPS trails, telemetry from automobiles, financial market data and so on.

It answers specific questions such as the need of the customers, their opinion and image of the brand

For organisations, analysis of this hidden data may give an insight into things which were previously hidden due to its bulk and the subsequent cost required for its process. This is done by collecting, organizing and analysing large sets of data to discover patterns and other useful information.

For instance, analysis of shoppers’ transactions, social and geographical data gives the analyst knowledge about peer influence on customers, greatly reducing the time that would otherwise require for sampling followed by extensive investigations.

It also enables new products and services, by combining a large number of signals from a user’s actions and those of their friends, Facebook has been able to craft a highly personalized user experience and create a new kind of advertising business.

With the right big data analytics platforms an enterprise can boost sales, increase efficiency, and improve operations, customer service and risk management.

One of the fundamental reasons for opposition of Big Data is centered on privacy since massive amounts of personal data is collected and analysed without a consideration to the person in question.

The large volume of information being collected may be used by finance companies to personalise various schemes for maximisation of their benefits thereby leading to indiscrimination against a certain group of people.

Applications based on ‘Big Data’ Technology

Seed Selection – Big-data businesses can analyse varieties of seeds across numerous fields, soil types, and climates and select the best.

Crop disease – Similar to the way in which Google can identify flu outbreaks based on where web searches are originating, analysing crops across farms helps identify diseases that could ruin a potential harvest.

Irrigation – Precision agriculture aids farmers in tailored and effective water management, helping in production, improving economic efficiency and minimising waste and environmental impact.

Weather – Advanced analytics capabilities and agri-robotics such as aerial imagery, sensors help provide sophisticated local weather forecasts can help increasing global agricultural productivity over the next few decades.

Climate change –  Since, climate change and extreme weather events will demand proactive measures to adapt or develop resiliency, Big Data can bring in the right information to take informed decisions.

Food processing – They help in streamlining food processing value chains by finding the core determinants of process performance, and taking action to continually improve the accuracy, quality and yield of production. They also optimise production schedules based on supplier, customer, machine availability and cost constraints.

Loss control – In India, every year 21 million tons of wheat is lost, primarily due to scare cold-storage centres and refrigerated vehicles, poor transportation facilities and unreliable electricity supply. Big Data has the potential of systematisation of demand forecasting thus reducing such losses.

Pricing – A trading platform for agricultural commodities that links small-scale producers to retailers and bulk purchasers via mobile phone messaging can help send up-to-date market prices via an app or SMS and connect farmers with buyers, offering collective bargaining opportunities for small and marginal farmers.

How can it be a Challenge?

The challenges and opportunities of data is immense in a country like India with 638,000 villages and 130 million with 140 million hectares of cultivable land under 127 agro climatic regions capable of supporting 3,000 different crops and one million varieties.

Self-driven vehicles can already drive themselves across fields using Global Positioning System (GPS) signals accurate to less than inch of error thus helping farmers plant more accurately.

But the real potential is what happens when this data from thousands of tractors on thousands of farms is collected, grouped and analysed in real time.

There is need to formulate a business model wherein value can be captured from the scale of data being captured by different players in the agri-supply chain.

Companies must act now to focus, simplify and standardise big data through an enterprise-wide data management strategy.

Question

Q.) The age of Big Data, the growing pervasiveness of Aadhaar, and the government’s push towards a cashless and digital economy has led to a re-emergence of interest in privacy and data protection in India. In your opinion, what are the key elements that should drive the design of a privacy law (when it is actually enacted), or laws that have an impact on privacy? Discuss.

 

 

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Note4students

It has recently became a hot topic of discussion due to a famous debate between Elon Musk and Mark Zuckerberg.

What is Artificial Intelligence?

1. Artificial intelligence is the branch of computer science concerned with making computers behave like humans. The term was coined in 1956 by John McCarthy at the Massachusetts Institute of Technology.

2. Artificial Intelligence is the area of computer science focussing on creating machines that can engage on behavior that human consider intelligent.

3. It is the study of ways in which machines can be made to have sufficient creative reasoning power to perform mental task at which, at prevent, human beings are better.

4. Examples of problem that falls under the area of Artificial Intelligence include common sense tasks, such as understanding of language, recognising scenes, finding a way to reach an object that is far overhead etc.

5. In addition Artificial Intelligence includes expert tasks, such as diagnosing diseases, designing computer system and planning scientific expedition.

Where can we use Artificial Intelligence?

1. Games playing: programming computers to play games against human opponents.

2. Expert systems: programming computers to make decisions in real-life situations (for example, some expert systems help doctors diagnose diseases based on symptoms).

3. Natural language: programming computers to understand natural human languages.

4. Neural networks: Systems that simulate intelligence by attempting to reproduce the types of physical connections that occur in animal brains.

5. Robotics: programming computers to see and hear and react to other sensory stimuli.

Approaches:

1. Neural Network: This is bottom up approach. It basically aims at mimicking the structure & functioning of the human brain, to create intelligent behaviour. Researchers are attempting to build a silicon based electronic network that is modeled on the working & form of human brain.

2. Expert System: This is top down approach. Instead of starting at the base level of neurons, followers of the expert system are designing intelligent machines by taking advantage of the phenomenal computational power of the modern computer that can solve problem by deductive logic.

 

Application of AI

They combine precision & computational powers with pure logic, to solve problems & reduce error in operation therefore are used in every field of human endeavor.

1. Heavy Industries & Space: Through AI an entire manufacturing process can be made totally automated, controlled & maintained by computer system in car manufacturing machine tool production, computer chip production. etc. They carry out dangerous tasks like handling hazardous radioactive materials.

2. Finance: Banks use intelligent software application to screen & analyse financial data. Software that can predicts trends in stock market have been created which have been known to beat humans in predictive power.

3. Computer Science: Researchers in quest of AI have created spin offs like dynamic programming, object oriented programming, symbolic programming, intelligent storage management system etc.

4. Aviation: Air lines use expert system in planes to monitor atmospheric condition & system status.

5. Weather Forecast: Neural Network is used for predicting weather condition. Previous data are fed to a neural network which learns the pattern & uses that knowledge to predict weather pattern.

Question

Q.)Discuss critically various opinions  expressed against Artificial Intelligence by scientists, philosophers and technology leaders.

 

Note4Students

Malaria is a major public health problem in India but is preventable and curable. Malaria interventions are highly cost-effective and demonstrate one of the highest returns on investment in public health. The National Framework for Malaria Elimination (NFME) outlines India’s strategy for elimination of the disease by 2030. It’s important to its objectives, various provisions, challenges and way forward.

Introduction

1. 1. Disease burden due to malaria in India has been reduced significantly over the years with an overall decline in malaria–related morbidity and mortality. This has been made possible by a series of interventions such as the introduction of artemisinin-based combination therapy (ACT), malaria rapid diagnostic tests (RDTs) ,revision of the National Drug Policy for malaria in 2013 etc. However, a number of challenges have emerged in recent years which pose a threat to the country’s progress in its fight against malaria. These include the development of antimalarial drug resistance and insecticide resistance, development of malaria multi-drug resistance including ACT resistance in neighbouring countries, emergence of malaria in urban areas, existence of high endemic malaria pockets in hard-to-reach areas and in tribal populations, climate change and increased tourism and migration.

 

• In order to address these challenges, a national strategy for malaria elimination has been envisaged prompting the development of the National Framework for Malaria Elimination in India 2016–2030.

 

Vision

1. Eliminate malaria nationally and contribute to improved health, quality of life and alleviation of poverty.

Goals

1. Eliminate malaria (zero indigenous cases) throughout the entire country by 2030; and
2. Maintain malaria–free status in areas where malaria transmission has been interrupted and prevent re-introduction of malaria.

Objectives

The Framework has four objectives:

1. Eliminate malaria from all 26 low (Category 1) and moderate (Category 2) transmission states/union territories (UTs) by 2022;
2. Reduce the incidence of malaria to less than 1 case per 1000 population per year in all states and UTs and their districts by 2024;
3. Interrupt indigenous transmission of malaria throughout the entire country, including all high transmission states and union territories (UTs) (Category 3) by 2027; and
4. Prevent the re-establishment of local transmission of malaria in areas where it has been eliminated and maintain national malaria-free status by 2030 and beyond

Key strategic approach

1. Programme phasing considering the varying malaria endemicity in the country
2. Classification of States/UTs based on API as primary criterion (Category 0: Prevention of re- introduction phase; Category 1: Elimination phase; Category 2: Pre-elimination phase; Category 3: Intensified control phase)
3. District as the unit of planning and implementation
4. Focus on high endemic areas
5. Special strategy for P. vivax elimination.

Short term milestones

1. By end of 2016, all states/UTs are expected to include malaria elimination in their broader health policies and planning framework
2. By end of 2017, all states are expected to bring down API to less than 1 per thousand population
3. By end of 2020, 15 states/UTs under category 1 (elimination phase) are expected to interrupt transmission of malaria and achieve zero indigenous cases and deaths due to malaria.

Challenges

• Population movements, often uncontrolled across states/UTs, and sharing of large international borders with neighbouring malaria endemic countries
• Shortage of skilled human resources

 

1. Insecticide resistance: The extensive use of insecticides, particularly DDT, under the vector control programme controlled malaria to a great extent but exerted high selection pressure on the vector population to develop resistance.
2. Access to conflict-affected tribal areas and to areas with a high malaria endemicity is a problem
3. High endemicity states include those in the Northeast, which share borders with neighbouring countries like Bangladesh, where the prevalence of malaria is high.
4. Neglect of malaria and unreliable data:
   • There is no reliable data to know how many people suffer from this disease annually as estimates do not take into account the 60-80% patients in the urban area who gets treatment from private hospitals
5. Although malaria is made as a notifiable disease, penalties are not imposed on doctors and hospitals if they are not notifying.

Way forward

1. With the availability of medicines and diagnostic kits, the delivery mechanism has to be streamlined to enable access to them.
2. Overburdened staffs tend to underperform. So, more community health workers and supporting staffs need to be appointed and trained to function effectively.
3. Budgetary allocation for the programme in specific and overall health care in general has to be increased.
4. Secure and sustain adequate financial resources for implementing the elimination programme through domestic funding.
5. Additionally, innovative financing models, partnerships and integration with other government departments has to be explored.
6. Also, steps have to be taken to create awareness among the people so as to ensure their active participation.
7. Lastly, there is a need for community mobilization and sustenance of efforts to make this program successful.

Questions

1. Discuss the objectives and provisions of National Strategic Plan for Malaria Elimination
2. How should India address the rising challenge of Malaria?

Note4Students

Government of India has sought to effectively prohibit cattle slaughter across the country through rules made under the Prevention of Cruelty to Animals Act, 1960.It came under heavy criticism that it is constitutional misadventure on multiple grounds involving fundamental rights, separation of powers and federalism. It is important to know the new rules and the issues involved in it.

Introduction

The prime focus of the regulation is to protect the animals from cruelty and not to regulate the existing trade in cattle for slaughter houses. It is envisaged that welfare of cattle dealt in the market will be ensured and that only healthy animals are traded for agriculture purposes for the benefits of the farmers. The notified rules will remove the scope of illegal sale and smuggling of the cattle which is a major concern. The specific provisions apply only to animals which are bought and sold in the notified live stock markets and animals that are seized as case properties.

 

Why such a rule?

Environment Ministry has issued a clarification that the notification is issued on the basis of the Supreme Court order in the case of Gauri Maulekhi versus Union of India and others.

Rules

1. It allows only farmland owners to trade at animal markets. Both seller and buyer will have to produce identity and farmland ownership documents.
2. After buying a cow, a trader must make five copies of proof of sale and submit them at the local revenue office, the local veterinary doctor in the district of the purchaser, animal market committee, apart from one each for seller and buyer
3. The cattles bought cannot be resold within six months
4. District Animal Market Monitoring Committee be set up in each which will be headed by a Magistrate, for regulation of animal markets in the district.
5. It also mandates the AMC to ensure that the buyer of cattle does not further sell the animals for slaughter.
6. The local authority is then directed to make a list of animal markets functional prior to the commencement of the rules.
7. It bans setting of animal markets within 50 km of an international border and 25 km of a state border.
8. Taking animal outside the State will require special approval of the State Government nominee.
9. The Rules go on to prohibit several practices as “cruel and harmful”. These include
   1. Animal identification methods such as hot branding and cold branding;
   2. Shearing and painting of horns, bishoping in horses and ear cutting in buffaloes;
   3. Casting animals on hard ground without adequate bedding;
   4. Use of any chemicals or colors on body parts of animals.
10. The person in charge of an animal has been fixed with the responsibility to ensure that the animal is not caused injury or unnecessary pain or suffering.
11. They also make it mandatory for veterinary inspector to certify proper loading and unloading of animals to ensure they are not cramped inside trucks. The inspector can proceed to mark any animal unfit for sale.

Criticism

1. The new regulation such as, cattle bought cannot be resold for six months will hurt the business of cattle traders
2. It introduced a lot of paperwork for cattle traders who are predominantly illiterate and poor.
3. It provides too much discretion on the hand of veterinary inspector. He has to certify proper loading and unloading of animals. He can also mark any animal unfit for sale.
4. Traders are of the view that this definition of animal markets makes it very difficult for them to procure animals.
5. The industry fears that it will lead to huge losses as most of the cattle trade for slaughter takes place through animal markets.
6. The new rules will make it difficult for farmers to dispose their spent cattle as traders usually buy buffaloes from farmers in cattle markets and then transport them to slaughterhouses.
7. The ban has hurt mostly Muslim meat and leather traders who face mounting violence by cow vigilante groups.
8. Farmers have also been deprived of a traditional source of income from selling non-milch and ageing cattle.
9. Only state governments were empowered to make laws on cattle markets and fairs, which rendered the new rules arbitrary, illegal and unconstitutional.
10. It is argued that the rules were violative of the fundamental right to carry on trade and the Prevention of Cruelty to Animals (PCA) Act of 1960, under which the rules were notified, itself does not ban cattle slaughter

Conclusion

1. The Centre must address the concerns of the trade as well as of those who suspect the notification is a part of a Machiavellian plot to influence and curb food choices. 
2. While there is a case to retain most of the rules prohibiting the cruel treatment of animals, the ban on the sale of cattle for slaughter in animal markets must go.

Questions

1. “The proposed ban on the sale and purchase of cattle for slaughter at agricultural markets violates fundamental rights of food and livelihood, and the spirit of federalism.” Critically comment
2. “Govt has banned the sale, purchase of cattle from animal markets for slaughter by notifying a stringent rule under Prevention of Cruelty to Animals Act.” Examine the issues involved.

 

Note4Students

Making paid news an electoral offence has been demanded from long. Paid news plays an important role in influencing the voters. The Election Commission’s order disqualifying Madhya Pradesh Minister Narottam Mishra for three years is an important step in curbing ‘paid news’.

 

Context

1. The Election Commission (EC) has disqualified a Minister for three years for filing wrong accounts of election expenditure.
2. The membership has been revoked under section 10A of the Representation of the People Act, 1951.

 

What is paid news?

1. According to Press Council of India, paid news is “any news or analysis appearing in any media (print & electronic) for a price in cash or kind as consideration”. 
2. It refers to propaganda in favour of a candidate masquerading as news reports or articles for a price in cash or kind as consideration. The news is much like an advertisement, but without the ‘ad tag’.

 

Is paid news an electoral offence?

1. Paid news is not an electoral offence yet in India, but there is a case to make it one.
2. However, the EC has recommended that the Representation of the People Act, 1951, be amended to make the publishing or abetting the publishing, of paid news to further a candidate’s prospects or prejudicially affect another’s an electoral offence.

 

Negatives of paid news:

1. Affects people’s thinking and opinion:

This kind of news has been considered a serious malpractice since it deceives the citizens, not letting them know that the news is, in fact an advertisement and affecting people’ s rational thinking and opinion.

2. Display of money power:

The payment modes usually violate tax laws and election spending laws. It displays the role of money in elections.

3. Hits the bottom of democracy:

Such news play a significant role in influencing voting tendency of voters as the viewer does not get a correct picture of the personality or performance of the candidate in whose favour or against he decides to cast his vote. This destroys the very essence of the democracy.

4. Affects free and fair elections:

Such practices interfere with free and fair elections in the country by violating democratic principle enshrined in our constitution.

5. Curbs the faith of people in media:

Media is described as the fourth pillar of democracy. Such incidents bring down the faith of people in democratic institutions by conveying incorrect and false information to the people.

 

Reasons for rise in paid news: 

1. The Department-Related Parliamentary Standing Committee on Information Technology in its 47th report on the “Issues Related to Paid News” has identified corporatization of media, desegregation of ownership and editorial roles, decline in autonomy of editors/journalists due to emergence of contract system and poor wage levels of journalists as key reasons for the rise in the incidence of paid news. 
2. Besides these, lack of adequate powers available with regulators, lack of effective penal action against those who violate the rules and inaction by the government in cases related to paid news are also important reasons for rise in incidents of paid news.

 

Election Commission Guidelines to Curb Paid News

1. All state Chief Electoral Officers will have to obtain a list of all TV and radio channels and newspapers in the state as well as their standard advertisement rate cards six months before the term of the Lok Sabha or the State Legislative Assembly expires.
2. Setting up of Media Certification and Monitoring Committee (MCMC) at district and state level which will have to monitor all political advertisements in relation to candidates.
3. The committee will intimate the Returning Officer for issue of notices to candidates for inclusion of notional expenditure based on standard rate cards in their election expenses account, “even if they actually do not pay any amount to the channel/newspaper, that is otherwise the case with paid news.”
4. The expenditure will also include publicity for a candidate by a “star campaigner” or others, to impact his electoral prospects.

 

Challenges in dealing with paid news

1. There is circumstantial evidence, but little proof. Establishing transaction of cash or kind is indeed not very easy, as it is usually done without any record and promptly denied by both sides, when enquired. Identifying the cases is a herculean task.
2. Media violations, surrogate advertisement and unreported advertisements are often mistaken as Paid News sometimes in true cases.
3. It is difficult to identify and solve the cases in a set time limit. The cases keep on pending for a long period of time before the courts.
4. The independence of the media and its ability to bring about transparency in society by playing an adversarial role against the establishment get compromised because of corruption within the folds of the media itself and it is usually difficult to fix the accountability in such cases.

 Way forward

To curb such incidents in future, it is necessary to make ‘paid News’ an electoral offence through amendment of Representation of the People Act, 1951. The expenditure ceilings prescribed by Election Commission should be strictly adhered to by political parties and candidates. The people should be sensitized by creating awareness among them and seeking partnership with all stakeholders, including political parties and media.

 

 Conclusion

1. The media acts as a repository of public trust for conveying correct and true information to the people. The “paid news” is therefore, a serious matter as it influences the functioning of a free press. There is an urgent need to protect the right of the public to accurate information before voters exercise their franchise when such incidents are on rise.
2. Hence, a legal framework in which electoral issues are expeditiously adjudicated must be put in place if election laws are to be enforced in both letter and spirit.

Sources 

http://indianexpress.com/article/explained/what-is-the-menace-of-paid-news-election-commission-narottam-mishra-madhya-pradesh-minsiter-2008-assembly-elections-4755328/

http://www.thehindu.com/opinion/editorial/pay-to-publish/article19165976.ece

http://www.thehindu.com/opinion/lead/Paid-news-a-deep-seated-malaise/article16838453.ece

http://www.business-standard.com/article/opinion/the-menace-of-paid-news-116050800630_1.html

Questions

Q.1) The Election Commission’s order disqualifying a minister in the Madhya Pradesh government for three years is an important step in curbing ‘paid news’ in the electoral arena. Do you think ‘paid news’ should be considered as an electoral offence? Substantiate. 

Q.2) With the increase in incidents of paid news across the country and the involvement of political leaders and political parties in such cases, discuss what are the challenges in dealing with paid news? Do you think EC should make paid news an electoral offence? Critically comment. What are the

 

 

Note4Students/Syllabus Mapping: GS2

The recent nine-judge Constitution bench of Supreme Court headed by Chief Justice J. S. Khehar ruled ‘Right to Privacy’ as a Fundamental right protected intrinsically as part of rights guaranteed under Article 21 of the Constitution. As any constitutional interpretation this one is historic and a watershed judgment which has multiplier ramifications over social, political, cultural and economic spheres of citizen-state machinery. UPSC is usually interested in Supreme Court interpretations and this topic forms potential bedrock for analysis. A question on analysis of this topic is expected this year CSE Mains 2017.

Context:

Under the three key Issues involved:

1. Whether Right to Privacy is a fundamental right or not?
2. Need for a stringent data protection act in lieu of fundamental right to privacy.
3. Is sharing personal data to government same as sharing our data with foreign private players?

The recent Supreme Court ruling that Right to Privacy is a Fundamental Right has put to rest the questions rose about definition of privacy and clarified the ambiguities around this matter.

Significance of the Judgment- Multiplier implications!

• • The final verdict says “Privacy is intrinsic to the right to life and personal liberty under Article 21 of the Constitution and an inherent part of fundamental freedom under part III of the Constitution.”
  • The Supreme Court has reaffirmed the primacy of the individual and served as a check on legislative and executive power.
  • The amorphous definition of Privacy has been done away with by overruling earlier judgments of M.P Sharma vs Satish Chandra (1954) and Kharak Singh vs State of Uttar Pradesh (1962) that had held privacy to not be a fundamental right.
  • An ordinary man not just a citizen, but anyone, whether an Indian national or not, can move the constitutional courts of the land under Articles 32 and 226, respectively, to get justice in case of violation of fundamental right.
  • The court emphasized upon personal, informational and digital privacy. It cleared the air on the amorphous nature the concept of privacy.
  • The judgment of the SC by overruling it earlier verdict shows evolution of our judiciary with changing time.
  • It will directly impact food choices, beef bans and any such restrictions that is intrinsic to choice and privacy
  • The nine-judge Bench’s judgment gains international significance as privacy enjoys a robust legal framework internationally, though India has remained circumspect.
  • The apex court has set the stage for the introduction of a new privacy law by the government.
  • The right to privacy is now applicable against the state as well as against the private companies who possess large amounts of user data without consent or nominal consent of users.

 

1. Acknowledging the pervasion of technology, the apex court identified privacy of information as a subset of the right to privacy. 
2. The judgment cites women’s abortion rights and the execrable Section 377 to note that sexual orientation, gender identity and women’s bodily autonomy are bound with human dignity and the right to privacy. This has profound implications for women and the LGBT (lesbian, gay, bisexual and transgender) community.

The Contours of Privacy:

 

1. It would include bodily integrity, personal autonomy, protection from state surveillance and freedom of dissent, movement, and thought.
2. Privacy in its core includes the “preservation of personal intimacies, the sanctity of family life, marriage, procreation, the home and sexual orientation”.
3. A woman’s freedom of choice to bear a child or abort the pregnancy, freedom to choose to work or not and the right to travel freely fall within this right.
4. It encompasses concepts of personal, informational and digital privacy.
5. Considering the secret ballot an extension of privacy principles into the public space and political system, without which elections would be a farce in a democracy like India.

Right to privacy – why do we need it?

1. The right to privacy has become fundamental in today’s age of technological advancements. For instance through Global Positioning System (GPS), the movement of person could be tracked and misused by the State as well as by non-State actors.
2. Privacy enjoys robust legal framework recognition internationally under Article 12 of the Universal Declaration of Human Rights and Article 17 of the International Covenant on Civil and Political Rights (ICCPR). India has signed and ratified the ICCPR without reservation.
3. It is essential to preserve the balance of power between governments and citizens, especially for a large democracy like India.

Caveats to the judgment:

• • Privacy is at best a “sub-species of liberty and every aspect could not qualify as being fundamental in nature” and that the right could not be extended to “every aspect” of privacy.
  • The litigation against the Aadhaar programme is still pending in a separate case, the striking down of Aadhaar Act (which has now become the bedrock of government welfare programmes, the tax administration network and online financial transactions) on grounds of privacy violations could curtail DBT and welfare scheme benefits.
  • The idea of the “right to be left alone” against the long-standing demand of India’s poor for the “right to be acknowledged” by the state—which was the genesis of Aadhaar in the first place.
  • It will most likely roll back many of the gains made under the ambit of the right to information, which is not a fundamental right, but a statutory right under the Right to Information Act, 2005. Such a ruling could also run afoul of access to information such as voters’ lists, National Rural Employment Guarantee Act muster rolls, etc., which we now take for granted in the name of transparency.
  • Likewise, the state’s actions and processes when it comes to law and order and national security will come under increased scrutiny.
  • Right to life implicitly contains the right to privacy as well. Those protections and rights can be constrained by “procedure established by law”. Without the reasonableness guaranteed by Article 14 to test that procedure, Article 21 is weakened.
  • Right to terminate life under euthanasia as a choice claimed under privacy can have negative fallout along with rise of suicides and abortion if recognized as arbitrary private decisions.
  • Now that Aadhaar has covered 99% of the population, if struck down, could cost exchequer heavily.
  • Right to privacy is not expressly included in the Constitution as the founding fathers rejected or jettisoned the idea of inclusion of privacy as a fundamental right. 

 

1. Some experts raised an argument that there is difference between the right to privacy being considered a common law right and a fundamental right.
2. ‘Informational privacy’ could not be a right to privacy and it could not ever be a fundamental right as Most of our data is anyway outside, and we have no control over its usage. 

Way forward:

1. A data protection regime should carefully balance the trade-off between individual interests and legitimate concerns of the state.
2. The State is obliged to put a robust personal data protection mechanism in place in this digital age. A data protection law as soon as possible is the way to go as highlighted by Nandan Nilekani.
3. Neither private entity nor government should have unrestricted access to information. Both need to come under accountability mechanisms.

Conclusion:

A judgment this comprehensive and far-reaching is bound to raise questions as well. By declaring right to privacy as a new freedom and clear fundamental right it has opened up plethora of hopes and aspirations of Indian citizens as a whole and protects them from arbitrary intrusions of their personal space. While it has negative fallouts, rationally demarcated restrictions on this freedom and a properly regulated robust data protection law to support the judgment is the need of the hour.

 

Due to paucity of time if not reviewing the answers, request you please provide the model answers for test 2. Mains being just a month from now, its not possible to go through every other reviewed answer for checking our mistakes.