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  • “I dared, persevered and achieved it”- Shweta Mishra, (ACI) UPPSC 2019 | Toppers’ interview

    up Pcs habitat club by parth sir – Click here to join (free)
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    We are excited to introduce you all to Shweta Mishra ma’am who has cleared UPPSC 2019 and has been selected as Assistant Commissioner Industries.

    In her interview with Parth sir, Shweta ma’am discussed how to integrate UPPSC preparation with UPSC, what should be the approach and how she did with a job. Watch this interview to know more.

    https://youtu.be/ZkrVa_Z4CBg

    About Shweta Mishra:

    She is a senior faculty and core mentor team member at Civilsdaily IAS. She is an engineering graduate and has appeared for UPSC and UPPSC interviews multiple times. Her hard work and dedication is inspirational. She is humble and always ready to help. She is a voracious reader, loves traveling, and is a budding painter.

    You can reach out to Shweta Mishra ma’am for guidance and resolving issues related to UPPSC on Habitat.

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  • Mandal 2.0 Moment: SC seeks States’ views on 50% Cap on Quota

    The Supreme Court sought responses from all states on whether the 50% ceiling limit on reservation needs to be reconsidered.

    Debate: The 50% Cap

    • The ceiling was imposed by a nine-judge Constitution Bench in the Indira Sawhney case in 1992, wherein the court strictly held that reservation cannot exceed 50%.
    • However, the bench did indicate that in exceptional circumstances, reservation could be extended.

    A case for Maratha Reservation

    • The court is set to examine whether the Maharashtra State Backward Classes Commission had made up a case of “extraordinary circumstances” of deprivation suffered by the Maratha community.
    • In fact, the Bombay High Court had, in June 2019, reduced the quantum of reservation for Marathas from the 16% recommended by the Gaikwad Commission to 12% in education and 13% in employment.
    • The ruling was challenged before a Supreme Court Bench, which referred it to a larger Constitution Bench.

    Challenges to the Maratha quota

    There are two main constitutional questions for the court to consider in the challenge to the Martha quota law.

    1. The first is whether states can declare a particular caste to be a socially and educationally backward class.
    2. The second is whether states can breach the 50% ceiling for “vertical quotas” set by the Supreme Court.

    What is the Indra Sawhney Case?

    • In 1979, the Second Backward Classes Commission (Mandal Commission) was set up to determine the criteria for defining the socially and educationally backward classes.
    • The Mandal report identified 52% of the population at that time as “Socially and Economically Backward Classes” (SEBCs) and recommended 27% reservation for SEBCs in addition to the previously existing 22.5% reservation for SC/STs.
    • In 1990, when the V P Singh led-government set out to implement the Mandal report, it was challenged in court amidst widespread protests against the move.
    • The case came up before a nine-judge Bench and a 6:3 verdict was delivered in 1992.

    What did the verdict say?

    • The court upheld the office memorandums that essentially implemented the Mandal report.
    • The majority opinion said the executive orders mandating 27% reservation for backward castes were valid.
    • It held that the reservation was made not just on the basis of caste, even if it appears so, but on the basis of objective evaluation of social and educational backwardness of classes.
    • The inclusion in the list of Backward Classes is very much warranted by Article 15(4).

    Precedents set by the judgment

    The landmark Indra Sawhney ruling set two important precedents.

    1. The court said that the criteria for a group to qualify for reservation are “social and educational backwardness”.
    2. It also reiterated the 50% limit to vertical quotas it had set out earlier. The court said this 50% limit will apply — unless in “exceptional circumstances”.

    How does the Maratha reservation relate to the Indra Sawhney case?

    • Based on the 102nd Amendment to the Constitution, which gives the President powers to notify backward classes, the court will have to look into whether states have similar powers.
    • Also, since this power flows from the Constitution, whether the President is still required to comply with the criteria set by the Supreme Court in the Mandal case.
    • The relevance of the Indra Sawhney criteria is also under question in another case in which the validity of the 103rd Amendment has been challenged.
    • The 103rd Amendment, passed in 2019, provides for 10% reservation in government jobs and educational institutions for the economically weaker section in the unreserved category.
    • Since the Indra Sawhney verdict gives a pass to a breach of the 50% quota rule only in exceptional circumstances, the court will have to test if the Maharashtra law qualifies to be an exception.

    Rising aspirations for backwardness!

    Similar to the Maratha issue are the cases of Patels in Gujarat, Jats in Haryana, and Kapus in Andhra Pradesh.

    Have any other states breached the 50% ceiling before?

    • States have breached the 50% ceiling before and intend to bring more reservation. A notable example is in Tamil Nadu.
    • Its Act of 1993, reserves 69% of the seats in colleges and jobs in the state government.
    • However, this was done by amending the Constitution, to place the law in the Ninth Schedule after the Indra Sawhney judgment.

    How does the Ninth Schedule come to the picture?

    • The Ninth Schedule provides the law with a “safe harbour” from judicial review under Article 31B of the Constitution.
    • Laws placed in the Ninth Schedule cannot be challenged for reasons of violating any fundamental right protected under the Constitution.
    • However, when the Tamil Nadu law was challenged in 2007 (I R Coelho v State of Tamil Nadu), the Supreme Court ruled that while laws placed under Ninth Schedule cannot be challenged on the grounds of violation of fundamental rights.
    • However, they can be challenged on the ground that it violates the basic structure of the Constitution.
    • A later Bench was to decide whether the Tamil Nadu law itself (breaching the 50% ceiling) violates basic structure, based on the I R Coelho verdict. The Bench has not yet been set up.

  • United Bengal Plan of 1947

    In a recent election rally, a politician spoke about the contributions of Shyama Prasad Mukherjee in the making of West Bengal immediately after independence.

    This newscard contains some archaic statements and thoughts (that may seem like polarized opinions) which are directly reproduced from the newspaper. 

    The 1947 independence era circumstances are discussed with context to the United Bengal Plan and its subsequent partition.

    The United Bengal plan

    • A most striking aspect of the Partition of Bengal was the fact that the same people, who had vociferously opposed the 1905 partition of the region by Lord Curzon, were the ones who demanded the division of the province on communal lines.
    • One way to understand this is by noting the fact that the communal skirmishes that had started in 1905, reached its peak by 1947.
    • But there was also the fact that Bengal politics changed dramatically in 1932 with the introduction of the Communal Award.
    • It gave more seats in the Legislative Council to Muslims than Hindus. It also provided separate electorates for the Dalits.
    • Consequently, Bengali Hindus ceased to be as significant and visible in provincial politics as they were before.
    • What further aggravated the situation was the communal violence in Calcutta in August 1946 and those in Noakhali just seven weeks later.

    Try this PYQ from CSP 2013:

    Q.The Partition of Bengal made by Lord Curzon in 1905 lasted until

    (a) The First World War when Indian troops were needed by the British and the partition was ended.

    (b) King George V abrogated Curzon’s Act at the Royal Darbar in Delhi in 1911

    (c) Gandhiji launched his Civil Disobedience Movement

    (d) The Partition of India, in 1947 when East Bengal became East Pakistan

    Mukherjee and the Plan

    • Mukherjee, who was president of the Akhil Bharatiya Hindu Mahasabha between 1943 and 1946, is known to have been the man behind the Partition of Bengal in 1947.
    • Calcutta riots (1947) led the Hindu Mahasabha under Mukherjee to put forward the demand for dividing Bengal on religious grounds.
    • He was one of the strongest voices to have opposed the united Bengal plan of the Bengal provincial League leader and PM Huseyn Shaheed Suhrawardy.
    • As per the plan, Bengal would be a separate nation, independent from both India and Pakistan.

    Debate over partition

    • In the meantime Suhrawardy along with few other top Bengal politicians like Sarat Bose and K.S. Roy came up with an alternative for the Partition.
    • They argued for a united Bengal, independent from India and Pakistan.
    • Suhrawardy had realized that the Partition of Bengal would mean economic disaster for East Bengal since all jute mills, coal mines and industrial plants would go to the western part of the state.
    • Suhrawardy argued strongly for a united Bengal because Bengal was indivisible in view of its ‘economic integrity, mutual reliance and the necessity of creating a strong workable state.

    Why did Mukherjee oppose the united Bengal plan?

    • The Hindu Mahasabha under Mukherjee spearheaded a fierce attack against the united Bengal scheme, which he thought would force Hindus to live under Muslim domination.
    • He further defended the Partition to the Viceroy by drawing upon Jinnah’s two-nation theory.
    • Finally, for Mukherjee, the idea of a united Bengal was not appealing because he believed that a ‘sovereign undivided Bengal would be a virtual Pakistan’.
    • Eventually, the idea of a united Bengal failed to garner sufficient support from among the Muslim League and the Congress.
    • It also did not find sufficient support from the grassroots as most Hindus favoured the Partition of Bengal.

    Back2Basics: Partition of Bengal

    • The first Partition of Bengal (1905) was a territorial reorganization of the Bengal Presidency implemented by the authorities of the British Raj.
    • The reorganization separated the largely Muslim eastern areas from the largely Hindu western areas. Announced on 19 July 1905 by Lord Curzon, the then Viceroy of India.
    • It was implemented on 16 October 1905, it was undone a mere six years later.
    • Hindus were outraged at what they saw as a “divide and rule” policy, even though Curzon stressed it would produce administrative efficiency.
    • The partition animated the Muslims to form their own national organization along communal lines.
    • To appease Bengali sentiment, Bengal was reunited by Lord Hardinge in 1911, in response to the Swadeshi movement’s riots in protest against the policy.
    • In 1947, Bengal was partitioned for the second time, solely on religious grounds, as part of the Partition of India following the formation of the nations India and Pakistan.
    • In 1955, East Bengal became East Pakistan, and in 1971 became the independent state of Bangladesh.

  • What are Quasars?

    An international team of astronomers have discovered the most distant ‘radio-loud’ quasar with the help of the European Southern Observatory’s Very Large Telescope (ESO’s VLT).

    Ever found this on YouTube? Take time to watch this amazing video. It will literally blow up your mind and curiosity!

     

    TIMELAPSE OF THE FUTURE: A Journey to the End of Time (4K)

     

    This video will make up your perceptions and conceptions of how a galaxy dies after the sun runs out of fuel and what a black hole actually is!

    What are Quasars?

    • A quasar known as a quasi-stellar object is an extremely luminous active galactic nucleus (AGN), in which a supermassive black hole with mass ranging from millions to billions of times the mass of the Sun is surrounded by a gaseous accretion disk.
    • As gas in the disk falls towards the black hole, energy is released in the form of electromagnetic radiation, which can be observed across the electromagnetic spectrum.
    • The power radiated by quasars is enormous; the most powerful quasars have luminosities thousands of times greater than a galaxy such as the Milky Way.
    • Most active galaxies have a supermassive black hole at the centre which sucks in surrounding objects.
    • Quasars are formed by the energy emitted by materials spiralling around a black hole right before being sucked into it.

    What makes this event special?

    • 90 per cent of quasars do not emit strong radio waves, making this newly-discovered one special.
    • It took 13 billion years for the quasar’s light to reach earth.
    • Named P172+18, the quasar emitted wavelengths had a redshift of 6.8.
    • Only three other ‘radio-loud’ sources with a redshift greater than six have been discovered so far and the most distant one had a redshift of 6.18.
    • The higher the redshift of the radio wavelength, the farther away is the source.

    As an object moves away from us, the sound or light waves emitted by the object are stretched out, which makes them have a lower pitch and moves them towards the red end of the electromagnetic spectrum, where light has a longer wavelength. In the case of light waves, this is called redshift.

  • [pib] SATAT Scheme

    Oil and Gas Marketing Companies (OGMCs) are inviting potential entrepreneur to procure Compressed Bio Gas (CBG) under the SATAT scheme.

    Try this MCQ:

    Q.SATAT is an initiative of the Government of India, aims at:

    (a) Promoting Self Help Groups in rural areas

    (b) Providing financial and technical assistance to young start-up entrepreneurs

    (c) Promoting affordable transportation

    (d) Providing affordable and quality education to the citizens for free

    SATAT Scheme

    • SATAT stands for Sustainable Alternative Towards Affordable Transportation.
    • It is an initiative aimed at setting up Compressed Bio-Gas production plants and makes them available in the market for use in automotive fuels by inviting Expression of Interest from potential entrepreneurs.
    • The initiative was launched in October 2018 by the Ministry of Petroleum & Natural Gas in association with the PSUs- Indian Oil Corporation Ltd., Bharat Petroleum Corporation Ltd. and Hindustan Petroleum Corporation Ltd.

    Its implementation

    • CBG plants are proposed to be set up mainly through independent entrepreneurs.
    • CBG produced at these plants will be transported through cascades of cylinders to the fuel station networks of OMCs for marketing as a green transport fuel alternative.
    • The 1,500-strong CNG stations network in the country currently serves about 32 lakh gas-based vehicles.
    • The entrepreneurs would be able to separately market the other by-products from these plants, including bio-manure, carbon-dioxide, etc., to enhance returns on investment.
    • So far 9 CBG plants have been commissioned and started supply of CBG under the scheme.
    • These plants are located in Andhra Pradesh (1No.), Gujarat (3 No.), Haryana (1 No.), Maharashtra (3 No.) and Tamil Nadu (1No.).

    Benefits of the programme

    There are multiple benefits from converting agricultural residue, cattle dung and municipal solid waste into CBG on a commercial scale:

    • Responsible waste management, reduction in carbon emissions and pollution
    • Additional revenue source for farmers
    • Boost to entrepreneurship, rural economy and employment
    • Support to national commitments in achieving climate change goals
    • Reduction in import of natural gas and crude oil
    • Buffer against crude oil/gas price fluctuations

    Back2Basics: Compressed Bio Gas (CBG)

    • Biogas is produced naturally through a process of anaerobic decomposition from waste / bio-mass sources like agriculture residue, cattle dung, sugarcane press mud, municipal solid waste, sewage treatment plant waste, etc.
    • After purification, it is compressed and called CBG, which has a pure methane content of over 95%.
    • CBG is exactly similar to the commercially available natural gas in its composition and energy potential.
    • With calorific value (~52,000 KJ/kg) and other properties similar to CNG, CBG can be used as an alternative, renewable automotive fuel.
    • Given the abundance of biomass in the country, CBG has the potential to replace CNG in automotive, industrial and commercial uses in the coming years.

  • [pib] Stand Up India Scheme

    The Ministry of Finance has informed that more than 81% of account holders are Women under Stand Up India Scheme.

    Try this PYQ from CSP 2016:

    Q.With reference to ‘stand up India scheme’, which of the following statement is/are correct?

    1. Its purpose is to promote entrepreneurship among SC/ST and women entrepreneurs.
    2. It provides for refinance through SIDBI.

    Select the correct answer using the code given below.

    (a) 1 only

    (b) 2 only

    (c) Both 1 and 2

    (d) Neither 1 nor 2

    Stand-Up India Scheme

    • Stand Up India Scheme was launched on 5 April 2016 to promote entrepreneurship at the grass-root level of economic empowerment and job creation.
    • This scheme seeks to leverage the institutional credit structure to reach out to the underserved sector of people such as SCs, STs and Women Entrepreneurs.
    • The objective of this scheme is to facilitate bank loans between Rs.10 lakh and Rs.1 crore to at least one SC or ST borrower and at least one woman borrower per bank branch for setting up a Greenfield enterprise.
    • The offices of SIDBI and NABARD shall be designated Stand-Up Connect Centres (SUCC)
    • It is similar to but distinct from Startup India.

    Back2Basics: Start-Up India Scheme

    • Startup India Scheme is an initiative of the Indian government, the primary objective of which is the promotion of startups, generation of employment, and wealth creation.
    • It was launched on the 16th of January, 2016.
    • A startup defined as an entity that is headquartered in India, which was opened less than 10 years ago and has an annual turnover of fewer than ₹100 crores (US$14 million).
    • The action plan for this initiative is based on the following three pillars:
    1. Simplification and Handholding
    2. Funding Support and Incentives
    3. Industry-Academia Partnership and Incubation
    • An additional area of focus is to discard restrictive States Government policies within this domain, such as License Raj, Land Permissions, Foreign Investment Proposals, and Environmental Clearances.
    • It was organized by The Department for promotion of industry and internal trade (DPI&IT).

  • [pib] Declaration of World Heritage Sites by UNESCO                 

    The Ministry of Culture and Tourism has provided some useful information about the World Heritage Sites By UNESCO in India.

    We regret for the distorted view of this newscard on the app. Pls refer to the webpage link.

    [pib] Declaration of World Heritage Sites by UNESCO                 

    World Heritage Sites in India

    • At present, India has 38 World Heritage Properties. All the sites under the Ministry are conserved as per ASI’s Conservation Policy and are in good shape.
    • ‘Dholavira: A Harappan City’ has been submitted for the nomination of World Heritage Site in 2019-2020.
    • Nomination dossiers of ‘Santiniketan, India’ and ‘Sacred Ensemble of Hoysalas’ have been submitted to UNESCO for the year 2021-22 cycle.

    WORLD HERITAGE SITES IN INDIA (38)

    CULTURAL SITES:

    Under Protection of Archaeological Survey of India (22)

    S.No. Name of Site State
    1 Agra Fort (1983) Uttar Pradesh
    2 Ajanta Caves (1983) Maharashtra
    3 Ellora Caves (1983) Maharashtra
    4 Taj Mahal (1983) Uttar Pradesh
    5 Group of Monuments at Mahabalipuram (1984) Tamil Nadu
    6 Sun Temple, Konark (1984) Odisha
    7 Churches and Convents of Goa (1986) Goa
    8 FatehpurSikri (1986) Uttar Pradesh
    9 Group of Monuments at Hampi (1986) Karnataka
    10 Khajuraho, Group of Temples (1986) Madhya Pradesh
    11 Elephanta Caves ( 1987) Maharashtra
    12 Great Living Chola Temples at Thanjavur, Gangaikondacholapuram and Darasuram (1987 & 2004) Tamil Nadu
    13 Group of Monuments at Pattadakal (1987) Karnataka
    14 Buddhist Monuments at Sanchi (1989) Madhya Pradesh
    15 Humayun’s Tomb, Delhi (1993) Delhi
    16 Qutb Minar and its Monuments, Delhi (1993) Delhi
    17 Rock Shelters of Bhimbetka (2003) Madhya Pradesh
    18 Champaner-Pavagarh Archaeological Park (2004) Gujarat
    19 Red Fort Complex, Delhi (2007) Delhi
    20 Hill Forts of Rajasthan

    1. Kumbhalgarh, Jaisalmer and Ranthambhore, Amber and Gagron Forts) (2013)

    (Amber and Gagron Forts are under protection of Rajasthan State Archaeology and Museums)

    		 Rajasthan
    21 Rani-ki-Vav (The Queen’s Stepwell) at Patan (2014) Gujarat
    22 Archaeological Site of Nalanda Mahavihara (Nalanda University) at Nalanda (2016) Bihar

     

    Under Protection of Ministry of Railways (2)

    23. Mountain Railways of India Darjeeling,(1999), Nilgiri (2005), Kalka-Shimla (2008) West Bengal, Tamil Nadu, Himachal Pradesh
    24. Chhatrapati Shivaji Terminus (formerly Victoria Terminus) (2004) Maharashtra

     

    Under Protection of Bodhgaya Temple Management Committee (1)

    25 Mahabodhi Temple Complex at Bodh Gaya, (2002) Bihar

     

    Under Protection of Rajasthan State Archaeology and Museums (1)

    26. The Jantar Mantar, Jaipur (2010) Rajasthan

     

    Under Protection of Chandigarh Administration (1)

    27. The Architectural Work of Le Corbusier, an Outstanding Contribution to the Modern Movement (2016) Chandigarh

     

    Under Protection of Ahmedabad Municipal Corporation (1)

    28. Historic City of Ahmedabad (2017) Gujarat

     

    Under Protection of Bombay Municipal Corporation (1)

    29. Victorian and Art Deco Ensemble of Mumbai (2018) Govt of Maharashtra

     

    Under Protection of Jaipur Municipal Corporation (1)

    30. Jaipur City, Rajasthan (2019) Govt of Rajasthan

     

    NATURAL SITES: (7)

    Under Protection of Ministry of Environment, Forest and Climate Changes

    31. Kaziranga National Park (1985) Assam
    32. Keoladeo National Park (1985) Rajasthan
    33. Manas Wildlife Sanctuary (1985) Assam
    34. Sunderbans National Park (1987) West Bengal
    35. Nanda Devi and Valley of Flowers National Parks (1988, 2005) Uttarakhand
    36. Western Ghats (2012) Karnataka, Kerala, Maharashtra,Tamil Nadu
    37 Great Himalayan National Park (2014) Himachal Pradesh

     

    MIXED SITE: (1)

    Under Protection of Ministry of Environment, Forest and Climate Changes

    38. Khangchendzonga National Park (2016) Sikkim

     

    Back2Basics: UNESCO World Heritage Sites

    • A World Heritage Site is a landmark or area, selected by the UN Educational, Scientific and Cultural Organization (UNESCO) for having cultural, historical, scientific or other forms of significance, which is legally protected by international treaties.
    • The sites are judged to be important for the collective and preservative interests of humanity.
    • To be selected, a WHS must be an already-classified landmark, unique in some respect as a geographically and historically identifiable place having special cultural or physical significance (such as an ancient ruin or historical structure, building, city, complex, desert, forest, island, lake, monument, mountain, or wilderness area).
    • It may signify a remarkable accomplishment of humanity, and serve as evidence of our intellectual history on the planet.
    • The sites are intended for practical conservation for posterity, which otherwise would be subject to risk from human or animal trespassing, unmonitored/uncontrolled/unrestricted access, or threat from local administrative negligence.
    • The list is maintained by the international World Heritage Program administered by the UNESCO World Heritage Committee, composed of 21 “states parties” that are elected by their General Assembly.

    UNESCO World Heritage Committee

    • The World Heritage Committee selects the sites to be listed as UNESCO World Heritage Sites, including the World Heritage List and the List of World Heritage in Danger.
    • It monitors the state of conservation of the World Heritage properties, defines the use of the World Heritage Fund and allocates financial assistance upon requests from States Parties.
    • It is composed of 21 states parties that are elected by the General Assembly of States Parties for a four-year term.
    • India is NOT a member of this Committee.

  • [pib] Exercise Dustlik-II

    The Second Edition of Joint Exercise Dustlik is scheduled from tomorrow.

    Must read:

    [Prelims Spotlight] Various Defence Exercises in News

    Exercise Dustlik-II

    • It is a bilateral defence exercise held between the Indian Army And Uzbekistan Army.
    • It is named after Dustlik, a town in the Jizzakh region of Uzbekistan.
    • The first edition of the exercise, Dustlik-I was held in Uzbekistan, near Tashkent, from November 3-13, 2019.
    • Defence Minister Rajnath Singh had flagged off the exercise along with his Uzbek counterpart, Major General Bakhodir Kurbanov in 2019 for the first time.
    • The joint exercise focused on counter-insurgency and counter-terrorism operations in urban settings.

  • 9th March 2021 | Prelims Daily with Previous Year Questions

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  • [Burning Issue] New IT Rules 2021

    For the first time, the union government, under the ambit of the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, has brought in detailed guidelines for digital content on both digital media and Over The Top (OTT) platforms.

    In this issue of BI, we provide you with an overview of its contents, the “safeguards” it seeks to establish, how they affect your internet usage experience.

    Background: Social Media usage in India

    • The Digital India programme has now become a movement that is empowering common Indians with the power of technology.
    • The extensive spread of mobile phones, the Internet etc. has also enabled many social media platforms to expand their footprints in India.
    • Some portals, which publish analysis about social media platforms and which have not been disputed, have reported the following numbers as the user base of major social media platforms in India:
    • WhatsApp users: 53 Crore
    • YouTube users: 44.8 Crore
    • Facebook users: 41 Crore
    • Instagram users: 21 Crore
    • Twitter users: 1.75 Crore

    What are the New Rules?

    PC: Economic Times

    [A] Guidelines Related to Social Media

    Due Diligence To Be Followed By Intermediaries:

    • The Rules prescribe due diligence that must be followed by intermediaries, including social media intermediaries.
    • In case, due diligence is not followed by the intermediary, safe harbour provisions will not apply to them.

    Grievance Redressal Mechanism:

    • The Rules seek to empower the users by mandating the intermediaries, including social media intermediaries, to establish a grievance redressal mechanism for receiving resolving complaints from the users or victims.

    Ensuring Online Safety and Dignity of Users, Especially Women Users:

    • Intermediaries shall remove or disable access within 24 hours of receipt of complaints of contents that erodes individual privacy and dignity.

    Enabling Identity of the Originator:

    • Significant social media intermediaries providing services primarily in the nature of messaging shall enable identification of the first originator of the information.
    • Required only for the purposes of prevention, detection, investigation, prosecution or punishment of an offence related to sovereignty and integrity of India, the security of the State, friendly relations with foreign States, or public order.

    Removal of Unlawful Information:

    • An intermediary should not host or publish any information which is prohibited under any law in relation to the interest of the sovereignty and integrity of India, public order, friendly relations with foreign countries etc.

    [B] Digital Media Ethics Code Relating to Digital Media and OTT Platforms

    This Code of Ethics prescribes the guidelines to be followed by OTT platforms and online news and digital media entities.

    Self-Classification of Content:

    • The OTT platforms, called the publishers of online curated content in the rules, would self-classify the content into five age-based categories– U (Universal), U/A 7+, U/A 13+, U/A 16+, and A (Adult).
    • Platforms would be required to implement parental locks for content classified as U/A 13+ or higher and reliable age verification mechanisms for content classified as “A”.
    • The publisher of online curated content shall prominently display the classification rating specific to each content or programme together with a content descriptor.

    Norms for news:

    • Publishers of news on digital media would be required to observe Norms of Journalistic Conduct of the Press Council of India and the Programme Code under the Cable Television Networks Regulation Act.

    Self-regulation by the Publisher:

    • Publisher shall appoint a Grievance Redressal Officer based in India who shall be responsible for the redressal of grievances received by it.
    • The officer shall take a decision on every grievance received it within 15 days.

    Self-Regulatory Body:

    • There may be one or more self-regulatory bodies of publishers. Such a body shall be headed by a retired judge of the Supreme Court, a High Court or independent eminent person and have not more than six members.
    • Such a body will have to register with the Ministry of Information and Broadcasting.
    • This body will oversee the adherence by the publisher to the Code of Ethics and address grievances that have not to be been resolved by the publisher within 15 days.

    Oversight Mechanism:

    • Ministry of Information and Broadcasting shall formulate an oversight mechanism.
    • It shall publish a charter for self-regulating bodies, including Codes of Practices.
    • It shall establish an Inter-Departmental Committee for hearing grievances.

    Why do OTT services need to be regulated? 

    First, an individual’s right to privacy may be endangered by OTT communication services too. Hence, there is a need for state intervention. Second, private entities may act as ‘big brothers’. This could also imply that market forces may not always act in the interests of consumers.

    (1) Ambiguous definition of OTT/Social Media

    • Earlier, there was no universal definition of what OTT communication services are.
    • As a result, the difference between OTT communication and non-communication services becomes thin and blurred.
    • The definition of the term “intermediaries” is broad enough to cover all social media / content sharing platforms as per the new rules.

     (2) Issues with content

    • The Supreme Court has observed vulgar and harmful content being streamed on over-the-top (OTT) platforms.
    • It has observed content that deliberately and maliciously disrespects the nationalist, religious sentiments of our nation.
    • There is no dearth of uncertified and sexually explicit content and pornography that is otherwise banned in India.

    (3) Data Privacy

    • When an individual is using any OTT for communication services, the data gets shared with the parent company.
    • This data can be used by the parent company for commercial purposes without explicit consent of the user, thereby affecting the user’s privacy.

    (4) Data Sovereignty

    • The OTT service providers may store the personal information of the end-users in their data servers located abroad. This may lead to issues relating to data protection and national security.
    • Provisions such as the free flow of cross-border data, prohibition on data localisation and source code disclosure intend to curb the policy space available to the government.
    • Data of Indian users residing in servers outside India is a serious issue and can endanger the sovereignty and integrity of India.

    (5) International Perspective

    • The digital economy regulations including OTT services are evolving across the world.
    • Countries like Singapore, UK have regulatory bodies to keep a check on the OTT platforms.
    • In the UK, the OTT platforms face the same scrutiny as any public service broadcaster.
    • Countries like Indonesia, Turkey and Saudi Arabia have strict regulations. They want total control in the hands of the Government. Many OTT platforms including Netflix has been blocked.

    What about social media?

    (1) Defamation

    • The most often documented and observed crimes occurring on social networking sites include people making anonymous threats, bullying, harassing, and stalking others.
    • Most of these types of crimes go unpunished and are therefore not treated very seriously.
    • Defamation on Social media may be defined as representing someone by hacking their social media accounts and sending indecent or inappropriate messages.

    (2) Hate Speech

    • Hate speech is described as a speech of aggressive nature containing statements of inferiority and messages expressing prejudice against an individual or community based on certain features.
    • These features may include ethnicity, religious affiliation, sexual orientation, caste, national origin, sex, race, gender, and severe disability or illness.

    (3) Harassment and cyber stalking

    • Online abuse, bullying, and harassment on social networking sites are synonymous with cyber-stalking. It usually includes the conduct of repeated harassment or threats done towards an individual.
    • Cyberbullying and harassment can include threatening or harassing email messages, text messages, or uploading information online.
    • It aims at a particular individual either through attempting to contact them directly or by distributing their private and sensitive information, to cause distress, fear, and anger.

    (4) Privacy breach

    • The privacy of an individual is a basic human right, whether it is on social media or in the physical world.
    • A false claim about widespread child trafficking and harvesting of fake news widely through WhatsApp resulted in mob violence and more than three dozen deadly lynchings in 2017 and 2018.
    • WhatsApp declined the government’s demand to disclose the source of the rumours, stating its pledge of anonymity and privacy towards its users done through end-to-end encryption provided by the application.

    Advantages offered by these rules

    • Effective checks and balances: These rules will ensure that social media platforms have to keep better checks and balances over their platforms. This will ensure the data is not shared unlawfully. This will ensure adherence to the rule of law.
    • Enhanced accountability: The new IT rules enhance government regulation over social and digital media. This will enhance accountability and prevent arbitrary actions by digital platforms like the recent one by Twitter.
    • Citizen empowerment: The new IT rules will lead to the empowerment of citizens. Since there is a mechanism for redressal and timely resolution of their grievances.
    • Maintenance of public order: Disinformation (Fake and wrong information) of data can be controlled. Since there is proper regulatory mechanism, disinformation can be removed easily. This will reduce instances of fake news incited violence.
    • India’s digital imprints: It will strengthen India’s position as a leader in digital policy and technological innovation. For example, China, with its larger digital population, has not been able to provide a fair and open local market for global companies in the digital space due to absence of proper IT Rules and Regulation.

    Issues with the new rules

    (1) No discussion with stakeholders

    • Another similarity between the farm laws and the way the government has approached this process is its unwillingness to engage with the stakeholders that matter.
    • The new regulation has come all of sudden in the absence of open and public discussion and without any parliamentary study and scrutiny.

     (3) Concerns over the legal basis

    • Questions have been raised about the very validity of the rules on technical grounds.
    • The govt has chosen to pass these rules under the requirement to outline the due diligence that Internet intermediaries have to follow in order to be able to claim their qualified legal immunity under Section 79 of the IT Act.
    • These rules at the outset appear unlawful even with respect to whether they could have been issued under the Information Technology Act in the manner chosen by the government.

    (3) Using rule making power to issue primary legislation

    • The ability to issue rules under a statute — i.e. to frame subordinate legislation — is by its nature a limited, constrained power.
    • The government has made massive changes to the way the internet will work in India, but without having to take the matter to Parliament at all, by amending the rules under pre-existing sections of the law.
    • Critics argue that, with the present Internet content and social media rules, the Union Government has done precisely that.

    (4) Data privacy concerns left unaddressed

    • In 2019, the government tabled a Personal Data Protection Bill in Parliament. It is yet to be turned into a law.
    • The fact that, in 2021, the government is continuing to bring in new regulations regarding the digital space without yet having passed a privacy law reflects its governance priorities.
    • With no privacy law insight and new government rules that undermine that fundamental right, citizens ought to be concerned about the way the state is observing all online activity.

    Way forward

    • The Rules along with the Code of Ethics is the Government’s attempt in regulating the operations and content online. They seek to maintain a balance between self-regulation and government control.
    • The intent of the rules appears to be to curtail problematic content, empower viewers to make more informed choices, and create a level playing field for various mediums.
    • While this may be an essential step in streamlining the sector, which was until recently, unnoticed, and under-regulated, the efficacy in implementation of these Rules will need to be tested.
    • OTT content creators and the platforms themselves will have their hands full with complaints which will largely be based on subjective matters.
    • There is no way to objectively judge the efficacy of such rules/legislation since they evolve with time. We can only expect that the law will evolve from more practical learnings in the future.
    • As the digital space and technology for the distribution of content evolve, the regulatory framework for the digital industry will also continue to evolve.

    In order to ensure fine-tuning of any significant bottlenecks, implementation challenges, and prevent possible misuse of the regulations, policymakers and stakeholders should continue to engage with each other to put in place a regulatory framework that is effective and balanced.

    Conclusion

    • The public today is looking for content that brings out the truth of the society, deals with socio-political issues, provides us regional varieties and utmost importantly doesn’t hurt the sentiments of a single class of people.
    • The OTT platforms in the Indian sub-continent according to various industry experts have given a rise in the creative freedom of content creators and opportunities to many.
    • Looking at the present scenario, the need for an unbiased regulation is a must, and the new rules are a step in that direction.
    • What some think are going to be regulations, others feel it as a censorship measure in the virtual world.

    References

    Intermediary Guidelines and Digital Media Ethics Code, 2021

    https://en.wikipedia.org/wiki/Information_Technology_Rules,_2021

    https://www.thehindubusinessline.com/opinion/why-ott-services-need-to-be-regulated/article32791521.ece

    https://scroll.in/article/988448/four-reasons-to-be-worried-about-indias-new-it-rules-that-are-supposed-to-regulate-big-tech

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