Q) “Though women in post-independent India have excelled in various fields, the social attitude towards women and the feminist movement has been patriarchal.” Apart from women’s education and women empowerment schemes, what interventions can help change this milieu? (UPSC CSE 2021)
Mentor’s Comment: UPSC mains have always focused on topics like ‘social attitude towards women’ (2021) and ‘sexual violence against women’ (2014).
On November 25, the International Day for the Elimination of Violence Against Women, we are reminded that nearly one in three women worldwide has faced violence by men. While men are often responsible, they can also help create change. This requires rethinking ideas of masculinity based on dominance and promoting equality, kindness, and non-violence instead.
Today’s Editorial focuses on issues related to women and key initiatives taken by the government to address the issues. This content will help answer the writing of GS mains papers.
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Let’s learn!
Why in the News?
UNESCO has a program aimed at changing how men understand and support gender equality, and it is making good progress.
What is UNESCO’s Transforming MENtalities initiative?
The Transforming MENtalities initiative by UNESCO aims to engage men and boys as active participants in promoting gender equality and combating violence against women. This initiative recognizes that traditional notions of masculinity often perpetuate harmful behaviors and attitudes that contribute to gender-based violence.
Key objectives:
•Challenging Stereotypes: The initiative seeks to redefine masculinity, moving away from traits associated with dominance and aggression towards those promoting empathy, respect, and equality. •Education and Awareness: It emphasizes the importance of education in reshaping boys’ perceptions of gender roles from an early age. •Community Engagement: Encouraging men to participate in community programs that advocate for gender equality and support survivors of violence.
What are the gender issues in India?
Gender-Based Violence: Nearly one-third of women in India have experienced physical or sexual violence, as reported by the National Family Health Survey-5. This highlights the pervasive issue of gender-based violence that affects women’s safety and well-being across the country.
Economic Participation: India has achieved only 36.7% parity in economic participation and opportunity, according to the Global Gender Gap Report 2023. While female labor force participation increased from 23.3% in 2017-18 to 37% in 2022-23, it remains significantly lower than male participation rates.
Educational Disparities: Despite efforts to improve access to education, significant gaps persist. Cultural norms and economic constraints continue to hinder girls’ enrollment, retention, and completion rates in schools, affecting their long-term opportunities.
Political Representation: Women hold 15.1% of parliamentary seats in India, reflecting a gender parity of 25.3% in political empowerment. However, local governance shows better representation with women comprising 44.4% of local council seats, indicating progress at grassroots levels.
Health Indicators: The Maternal Mortality Ratio in India has improved to 97 per lakh live births (2018-20), showing progress towards the Sustainable Development Goal target of 70 by 2030. However, disparities in health outcomes remain, particularly influenced by socio-economic factors and access to healthcare services.
What are the steps taken by the government?
•Beti Bachao Beti Padhao (BBBP): Launched in 2015, this campaign aims to combat female feticide and promote the education and empowerment of girls through awareness campaigns, financial incentives for families, and initiatives addressing gender-based violence. •One Stop Centre (OSC) Scheme: Established in 2015, OSCs provide comprehensive support services for women affected by violence, including medical, legal, and counseling assistance, along with temporary shelter. •Nirbhaya Fund: Created to enhance women’s safety, this fund supports various initiatives aimed at preventing violence against women and ensuring their security across the country. •Mahila Shakti Kendra (MSK): This initiative focuses on empowering rural women through skill development and employment opportunities, helping them become self-reliant and economically independent. •Pradhan Mantri Mudra Yojana (PMMY): This scheme facilitates financial support for women entrepreneurs to start their businesses, promoting economic empowerment and encouraging women’s participation in the workforce.
Way forward:
Promote Inclusive Education and Awareness: Strengthen gender-sensitive education from an early age to challenge stereotypes, reshape societal attitudes, and instill values of equality, empathy, and mutual respect.
Enhance Implementation of Policies: Ensure effective enforcement of existing gender-focused schemes and laws, while fostering community-driven initiatives that engage men and boys as allies in promoting gender equality and combating violence.
Vice President Jagdeep Dhankhar stressed the need for genuine research and innovation that can bring real change. He called for indigenisation beyond basic levels and highlighted the role of patents and technology in making India a global leader.
What is Authentic and practical research?
Authentic and practical research is genuine, cutting-edge, and impactful, addressing real-world challenges, driving innovation, and creating lasting change by advancing knowledge and delivering meaningful, applicable solutions to societal needs.
What is India’s status in patents and technology?
Global Position: India has secured the sixth position globally in patent filings, as reported by the World Intellectual Property Organization (WIPO) in the World Intellectual Property Indicators (WIPI) 2024 report. This marks a notable achievement as India enters the top ten for the first time across all three major intellectual property rights: patents, trademarks, and industrial designs.
Growth Rate: In 2023, India recorded a 15.7% increase in patent applications, totaling 64,480 filings. This growth is part of a broader trend, marking the fifth consecutive year of double-digit growth in patent applications.
What constitutes “authentic and practical research”?
Authenticity: The Vice President stressed that research must be genuine and not merely superficial.
Authentic research should correlate with real-world changes and have lasting significance rather than being momentarily relevant before gathering dust on shelves.
Cutting-edge Nature: He called for research that is at the forefront of innovation, pushing boundaries rather than just covering existing knowledge.
Practical Impact: The Vice President emphasized that research should aim to change ground realities, making it essential for it to be applicable and impactful in society.
How can India improve its research and development (R&D) landscape?
Focus on Patents: The Vice President pointed out that India’s contribution to global patents is lacking. He urged a shift towards more consequential fields of research that can enhance India’s standing in the global community.
Nurturing Startups: He called for supporting domestic startups and indigenous component development, suggesting that established companies like BEL should help these startups thrive by providing guidance and resources.
Educational Reform: Emphasizing the need to instill a spirit of innovation in students, he noted that educational institutions should foster creativity and practical skills rather than merely focusing on degrees.
What are the initiatives to improve the Research Ecosystem in India?
Encouraging Corporate Involvement: The Vice President highlighted the necessity for corporates to take initiative in R&D, suggesting that they converge on a platform to significantly boost research efforts.
Leading in Semiconductors: He urged BEL to lead the semiconductor revolution from design to manufacture, indicating a strategic direction for enhancing technological capabilities in India.
What are the barriers to effective research in India?
Superficial Research Output: The tendency to produce research that lacks depth and practical application is a significant barrier. The Vice President criticized research papers that are presented but quickly forgotten, calling for more substantial contributions.
Limited Global Recognition: He noted that much of India’s research does not achieve recognition at an international level, which undermines its potential impact.
Awareness of Opportunities: Many young individuals remain unaware of the diverse opportunities available beyond traditional government jobs, limiting their engagement with innovation and entrepreneurship.
Way forward:
Strengthening Industry-Academia Collaboration: Foster partnerships between academic institutions and industries to ensure research is aligned with practical needs, enhancing innovation and commercialisation opportunities.
Incentivizing High-Impact Research: Establish grants, rewards, and global recognition programs for researchers focusing on cutting-edge and transformative fields, driving significant contributions to India’s R&D landscape.
Mains PYQ:
Q Do you agree with the view that increasing dependence on donor agencies for development reduces the importance of community participation in the development process? Justify your answer.(UPSC IAS/2022)
At the 18th Pravasi Bharatiya Divas (PBD), the Prime Minister called the Indian diaspora “ambassadors to the world.” He praised them for blending into local societies, helping communities, and contributing to India’s progress.
Why do celebrate Pravasi Bharatiya Divas?
Pravasi Bharatiya Divas is the flagship event organized by the Ministry of External Affairs to honor the achievements and contributions of Indians living abroad.
This celebration is held every two years on January 9, marking the day in 1915 when Mahatma Gandhi, regarded as the greatest Pravasi, returned to India from South Africa to lead the country’s freedom movement.
Since 2015, the event has been held biennially, with theme-based conferences organized during the intervening years.
The location of the convention changes to showcase the progress and diversity of different regions in India.
Who are the Girmitiyas?
The Girmitiyas were indentured laborers from British India who were transported during the 19th and early 20th centuries to work on plantations in various countries.
The term “Girmitiyas” originates from the Indian pronunciation of the English word “agreement”, referencing the contracts they signed.
The Girmitiyas were sent to places such as Fiji, Mauritius, Seychelles, Reunion, South Africa, Trinidad and Tobago, British Guiana (now Guyana), Suriname, Malaysia, and Kenya.
These laborers were bound by contracts, called Girmits (agreements), which required them to work for a single employer at a fixed wage for a period of 3 to 5 years.
What are the challenges faced by Indians abroad?
Increasing Visa Restrictions: Countries like the United States and the United Kingdom have implemented stricter immigration policies, particularly affecting skilled Indian workers.
For instance, during Donald Trump’s presidency, uncertainties surrounding H-1B visas created significant anxiety among Indian professionals seeking employment in the U.S. This has led to a perception that Indian workers are being unfairly targeted as competition for local jobs.
Global Conflicts: Many Indians work in Gulf Cooperation Council (GCC) countries, where job security is often threatened by volatile oil prices and changing labour laws.
For example, “Saudisation” policies in Saudi Arabia have forced many Indian workers to return home unexpectedly, leading to economic hardship.
Additionally, ongoing conflicts in regions like Iraq and Syria pose risks to the safety of Indians living and working there.
Political Vulnerability: The Indian government’s recent actions to revoke Overseas Citizen of India (OCI) cards from individuals critical of its policies have created a climate of fear among the diaspora. This has raised concerns about freedom of expression and political rights for those living abroad, making many feel vulnerable and unce.
What role does the Indian diaspora play in India’s global influence?
Economic Contributions: The Indian diaspora plays a crucial role in India’s economy through substantial remittances, which totalled approximately $108 billion in 2022. These funds significantly contribute to poverty reduction and economic stability in India.Example: Remittances from the UAE
Political Influence: Many individuals of Indian origin hold prominent political positions in various countries, enhancing India’s political clout on global platforms such as the United Nations.Example: Kamala Harris
Cultural Diplomacy: The diaspora acts as cultural ambassadors, promoting Indian traditions, values, and soft power globally through initiatives like yoga, Bollywood cinema, and festivals.Example: International Day of Yoga
Networking Opportunities: The diaspora serves as a bridge between India and other nations, facilitating trade relations and foreign direct investment (FDI), thereby enhancing India’s global economic standing.
What are the steps taken by the government?
Ministry of Overseas Indian Affairs: Established in 2004, this ministry was created to specifically address issues faced by the Indian diaspora. It was later merged with the Ministry of External Affairs in 2016 to streamline efforts and enhance synergy in engaging with the diaspora.
Pravasi Bharatiya Diwas: Celebrated annually since 2003, this event recognizes the contributions of the Indian diaspora to India’s progress and fosters a sense of connection between Indians abroad and their homeland.
Know India Programme (KIP): This initiative aims to familiarize youth of Indian origin with contemporary India through a three-week orientation program. It provides exposure to various aspects of Indian culture, economy, and society.
Pravasi Kaushal Vikas Yojana (PKVY): Launched to enhance the skills of Indian workers going abroad, this scheme provides training on laws, language, and culture relevant to their destination countries.
Scholarship Programme for Diaspora Children (SPDC): This program offers scholarships for Persons of Indian Origin (PIO) and Non-Resident Indian (NRI) students pursuing undergraduate courses in India
Proxy Voting for NRIs: The Representation of the People (Amendment) Bill 2017 allows NRIs to participate in elections through proxy voting, enhancing their engagement in India’s democratic processes.
How can India better engage with its diaspora? (Way forward)
Inclusive Policies: The Indian government should adopt inclusive and non-partisan policies that foster a sense of belonging among all members of the diaspora, regardless of their political views.
Addressing Concerns: Proactively addressing issues such as visa restrictions and safety concerns in conflict zones can enhance trust and cooperation between the diaspora and the Indian government.
Leveraging Expertise: India can better engage its diaspora by tapping into their expertise in various fields, encouraging knowledge transfer, investment in startups, and collaboration on technological innovations.
Cultural Exchange Programs: Promoting cultural initiatives that celebrate Indian heritage can strengthen ties between India and its diaspora, fostering a sense of identity and community.
Mains PYQ:
Q ‘Indian diaspora has a decisive role to play in the politics and economy of America and European Countries’. Comment with examples. (UPSC IAS/2020)
The Supreme Court fined Rs. 1 Lakh on a dishonest person who kept filing unnecessary and baseless cases. The Court said that while everyone has the right to go to court, it should be used responsibly.
What is meant by ‘Right to Access to Justice’?
The Right to Access to Justice refers to the fundamental principle that individuals should have the ability to seek and obtain remedies through formal or informal institutions of justice for grievances.
This right is rooted in the rule of law and ensures that all citizens, regardless of their background, can effectively resolve their legal issues and hold decision-makers accountable.
Without access to justice, individuals may be unable to exercise their rights, challenge discrimination, or seek redress for wrongs they have suffered.
What are the other provisions related to the Right to Access to Justice?
Article 14 (Equality before the law): This article guarantees that everyone is treated equally under the law, regardless of their background or status.
A notable example is the Maneka Gandhi v. Union of India case (1978), where the Supreme Court held that the right to life and personal liberty under Article 21 also includes the right to fair procedure.
Article 21 (Right to life and personal liberty): This article protects the fundamental right to life, which has been interpreted by the Supreme Court to include the right to a fair and just legal process.
In the State of Maharashtra v. Chandrabhan (1983) case, the Supreme Court ruled that access to justice is a key aspect of the right to life under Article 21, emphasizing the importance of protecting personal liberty.
Legal Services Authorities Act, 1987: This Act ensures free legal aid for the poor and disadvantaged, promoting equality in accessing justice.
A significant example is the National Legal Services Authority v. Union of India (2014) case, where the Supreme Court directed the implementation of effective legal aid programs for the marginalized, making access to justice easier for underprivileged groups.
Article 39A (Free legal aid): This article mandates the state to provide free legal assistance to ensure that no one is denied justice due to financial incapacity.
An example is the Laxmi v. Union of India (2014) case, where the Supreme Court directed the government to ensure legal aid is available for victims of acid attacks, recognizing that financial constraints should not prevent victims from seeking justice.
Judicial Precedents (Supreme Court Decisions): The Supreme Court has consistently expanded the concept of access to justice. In Delhi Domestic Workers Forum v. Union of India (2016), the Court recognized the need for legal protection for domestic workers, expanding access to justice for marginalized groups.
National Legal Services Authority (NALSA): NALSA has played a crucial role in ensuring legal aid for marginalized communities.
For instance, in the NALSA v. Union of India (2014) case, the Court ordered the government to set up legal aid camps and ensure access to justice for tribals and marginalized groups, further solidifying NALSA’s role in promoting equality and fairness in the legal system.
What are the essential elements for the Right to Access to Justice?
Availability of Legal Remedies: Individuals must have access to effective legal remedies that can address their grievances.
Affordability: Legal services should be financially accessible, with provisions for free legal aid where necessary.
Awareness and Information: Citizens should be informed about their rights and the legal processes available to them.
Fair Procedures: The judicial process must be transparent and fair, providing all parties an equal opportunity to present their case.
Physical and Legal Access: This includes not only the ability to enter courts but also having the necessary support systems in place, such as legal representation and knowledge of the law.
Way forward:
Strengthening Legal Aid and Awareness Programs: Expand the reach of legal aid services and increase awareness campaigns to ensure marginalized groups are informed about their rights and legal remedies.
Reforming Judicial Infrastructure: Enhance the accessibility and efficiency of judicial systems by addressing delays, improving court infrastructure, and ensuring the availability of affordable legal representation for all citizens.
Mains PYQ:
Q Judicial Legislation is antithetical to the doctrine of separation of powers as envisaged in the Indian Constitution. In this context justify the filing of large number of public interest petitions praying for issuing guidelines to executive authorities. (UPSC IAS/2020)
The Vice President addressed the inauguration ceremony of the 25th National Conference of Chairpersons of State Public Service Commissions (SPSCs) in Bengaluru.
About State Public Service Commission (SPSC):
Details
SPSCs are independent constitutional bodies established under Articles 315 to 323 in Part XIV of the Constitution of India.
Modeled on the Union Public Service Commission (UPSC) to recruit for state services and advise the state government on personnel matters.
Proposed under the Government of India Act (GoI), 1919, and formally established through the GoI Act, 1935, after the ‘Lee Commission (1924)’ recommendations.
Serve as the central recruiting agency for the state, distinct from the Department of Personnel or General Administration Department.
Note: Recommendations made by SPSCs are advisory, and the government has discretion to accept or reject them, subject to accountability to the Legislature.
Composition
Composed of a Chairman and other members appointed by the Governor of the state.
At least 50% of the members must have held a government post (Central or State) for at least 10 years.
Members hold office for 6 years or until they attain the age of 62, whichever is earlier.
The Governor has discretionary power over composition, service conditions, and temporary appointments of acting Chairpersons during vacancies.
Members can resign by addressing the resignation to the Governor.
Removal is initiated by the President for grounds like insolvency, paid employment, infirmity, or misbehavior, following a Supreme Court inquiry.
Powers and Functions
Recruitment and Appointments: Conducts exams for appointments to state civil services and posts.
Advisory Role: Provides guidance on recruitment methods, promotions, transfers, and disciplinary matters.
Judicial Appointments: Consulted, along with the State High Court, on rules for appointments to the state judiciary (excluding district judges).
Annual Reporting: Submits a performance report to the Governor, who presents it to the State Legislature with explanations for non-acceptance of advice.
Disciplinary Action: Consulted by the government in cases involving disciplinary measures for civil servants, alongside the State Vigilance Commission.
Security and Independence
Tenure Protection: Members can only be removed for constitutionally specified reasons.
Financial Independence: Expenses are charged on the Consolidated Fund of the State, requiring no legislative vote.
Post-Tenure Appointments:
Chairpersons can be appointed as Chairman or members of UPSC or another SPSC but not in other government roles.
Members can be appointed as Chairperson or members of UPSC or another SPSC but not to other government roles.
PYQ:
[2015] Consider the following statements:
1. The Executive Power of the union of India is vested in the Prime Minister.
2. The Prime Minister is the ex officio Chairman of the Civil Services Board.
Which of the statements given above is/are correct?
Denmark has become the latest country to actively pursue sovereign AI, in a bid to boost domestic research and competitiveness. Following this example and leveraging the momentum of Digital India, India’s leadership will be instrumental in driving the nation’s Sovereign AI ambition.
What is Sovereign AI?
Sovereign AI refers to a nation’s autonomous ability to develop, deploy, and regulate Artificial Intelligence (AI) technologies that align with its unique data, values, and governance priorities.
It ensures national control over AI systems, protecting economic and national security interests while fostering innovation.
Key Features of Sovereign AI include:
Self-reliance: Develops AI systems tailored to national requirements, ensuring minimal dependency on external technologies.
National Security: Protects critical data and infrastructure from external threats or misuse.
Cultural Alignment: Embeds a nation’s values, language, and societal norms into AI frameworks.
Global Competitiveness: Enhances economic growth and innovation through domestic AI capabilities.
About the Proposed AI Strategy for India (GovAI + Private AI = Sovereign AI):
India’s proposed AI strategy focuses on leveraging Digital Public Infrastructure (DPI) like Aadhaar and UPI to develop GovAI (Government AI) for efficient and predictive public services.
It emphasizes data sovereignty, transforming anonymized DPI data into AI training material while ensuring national control.
The strategy promotes public-private collaboration to build domain-specific Small Language Models (SLMs) that evolve into advanced Large Language Models (LLMs).
Skill development through Regional Centres of Excellence (RCoE) aims to create a robust AI talent pool.
This strategy aligns with India’s vision of becoming a global leader in trusted and inclusive AI, enhancing economic growth and national security.
India’s Initiatives for Sovereign AI:
India’s initiative for Sovereign AI builds on its Digital India framework, leveraging platforms like Aadhaar, UPI, and DigiLocker to create GovAI (Government AI) for efficient public services.
It utilizes DPI platforms such as Aadhaar, UPI, DigiLocker, and CoWIN.
Domain-Specific AI Models that India seeks to build:
Builds Small Language Models (SLMs) for specific public service areas like education, healthcare, agriculture, and social welfare.
SLMs evolve into Large Language Models (LLMs) for advanced, intersectional governance insights.
The India Datasets Programme transforms anonymized data into resources for AI training while ensuring data sovereignty.
PYQ:
[2020] In India, the term “Public Key Infrastructure” is used in the context of:
(a) Digital security infrastructure
(b) Food security infrastructure
(c) Health care and education infrastructure
(d) Telecommunication and transportation infrastructure
Union Minister of Commerce & Industry has unveiled the Bharat Cleantech Manufacturing Platform at the Bharat Climate Forum 2025 in New Delhi.
What is the Bharat Cleantech Manufacturing Platform?
It is an initiative aimed at strengthening cleantech value chains in sectors such as solar, wind, hydrogen, and battery storage.
It aims to position India as a global leader in sustainability and cleantech manufacturing, creating a compelling business case for international investors.
Key features include:
Provides a platform for manufacturing scale-up and knowledge sharing.
Aims to make India a compelling business destination for cleantech investors.
Supports India’s target of 500 GW of clean energy capacity by 2030.
About theBharat Climate Forum 2025
The Forum was organized in New Delhi as a platform for policymakers, industry leaders, and stakeholders to discuss climate action and clean energy solutions.
The forum aims to align India’s clean energy initiatives with global climate goals, particularly under the United Nations Framework Convention on Climate Change (UNFCCC) and the Paris Agreement.
A key focus of the forum was the launch of the Bharat Cleantech Manufacturing Platform, designed to promote sustainable development and clean energy adoption in India.
Discussions emphasized India’s commitment to achieving 500 GW of clean energy capacity by 2030 and highlighted the progress India has made in meeting its Nationally Determined Contributions (NDCs).
The forum celebrated India’s early achievement of its 2022 renewable energy targets, with renewable energy capacity reaching 200 GW eight years ahead of schedule.
The event focused on the 3S principles—Speed, Scale, and Skill—as cornerstones of India’s renewable energy program, ensuring swift implementation, large-scale adoption, and skill development.
PYQ:
[2020] Describe the benefits of deriving electric energy from sunlight in contrast to conventional energy generation. What are the initiatives offered by our government for this purpose?
Q) Impact of digital technology as a reliable source of input for rational decision making is a debatable issue. Critically evaluate with suitable examples. (UPSC CSE 2021)
Mentor’s Comment: UPSC mains have always focused on topics like ‘Impact of digital technology’ (2021) and ‘N. Srikrishna Committee Report’ (2018).
According to the AuthBridge Report in 2024, the average cost of a data breach in India reached ₹19.5 crore ($2.35 million), reflecting a 9% increase from the previous year and a 39% rise since 2020.
Today’s Editorial focuses on the present Data Protection law passed by the legislators. While the Digital Personal Data Protection (DPDP) Rules, 2025 represent a significant step forward, they require adjustments to ensure effective implementation and protection of individual rights without stifling innovation. This content can be used for – data privacy issues in India, e-governance and cross border mechanism in your Mains Answer Writing.
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Let’s learn!
Why in the News?
On January 3, 2025, the MeitY released the much-anticipated Draft Digital Personal Data Protection (DPDP) Rules — a key moment in India’s journey to regulate digital personal data.
This step follows the passage of the DPDP Act, 2023, bringing India closer to operationalising its framework for safeguarding personal data.
Key highlights for Draft Digital Personal Data Protection (DPDP) Rules, 2025 are as follows:
• Citizen-Centric Framework: The rules prioritize citizens’ rights, allowing them to demand data erasure, appoint digital nominees, and manage their data through user-friendly mechanisms provided by data fiduciaries (entities that process personal data). • Consent Mechanisms: Data fiduciaries must obtain informed consent from individuals before processing their data, providing clear information about data usage and allowing easy withdrawal of consent. • Data Erasure and Retention: Data can be retained for up to 3 years from the last interaction with the user, with a requirement for prior notification before data erasure. • Digital-First Approach: The rules advocate for a “digital by design” framework, establishing a Data Protection Board of India (DPBI) that will handle grievances and ensure compliance through online mechanisms. • Graded Responsibilities: Different obligations are set for various entities based on their size and impact, easing compliance burdens for startups and small businesses while imposing stricter requirements on larger platforms. • Public Feedback: The Ministry has invited public comments on the draft rules until February 18, 2025, aiming for an inclusive approach to law-making.
About the Digital Personal Data Protection (DPDP) Act, 2023 and the key features include:
• Consent Requirement: Organizations must obtain explicit consent from individuals before processing their personal data, with limited exceptions for specific legitimate uses. • Data Fiduciaries’ Obligations: Entities handling personal data (data fiduciaries) are mandated to ensure data accuracy, security, and deletion after the purpose is fulfilled. They must also report data breaches to the Data Protection Board (DPB) within 72 hours. • Rights of Individuals: Individuals have rights to access, correct, and erase their data, as well as to seek grievance redressal. • Data Protection Board: The DPB will oversee compliance and address grievances regarding data processing practices. • Border Data Transfer: The Act allows for the transfer of personal data outside India, subject to government restrictions.
The DPDP Act aims to balance individual privacy rights with the need for data processing in a digital economy, marking a significant step in India’s approach to data protection.
How Pragmatic is the present Data Protection law?
Simplicity Over Complexity: India’s rules focus on clear and straightforward consent processes, reducing “consent fatigue” that users experience in Europe due to excessive details.
Outcome-Based Framework: Instead of strict regulations on how to present information, the DPDP Rules allow businesses to decide how to inform users about their rights, promoting innovation and respecting business autonomy.
Children’s Data Protection: The rules provide stricter protections for children’s personal data but also recognize the value of monitoring in educational contexts. Certain sectors, like educational institutions and healthcare, are exempt from needing parental consent for tracking, as long as they follow specific guidelines.
Did you know?
• While the EU’s General Data Protection Regulation (GDPR) was initially praised, it now faces criticism for favoring large corporations and not effectively building public trust. • In contrast, India is adopting a more pragmatic and balanced method with this present Digital Personal Data Protection Act (DPDPA), aiming to protect individual privacy without imposing overly strict regulations that could hinder smaller businesses. • This offers a refreshing alternative to Europe’s more interventionist policies.
What are the limitations and flaws in the present law?
Complexity in Cross-Border Data Flow: The draft rules introduce complications regarding cross-border data transfers, imposing localization mandates on Significant Data Fiduciaries (SDFs) that may exceed the original intent of the legislation.
Regulatory Arbitrage Risk: Differentiating between SDFs and smaller entities creates potential for smaller businesses to exploit relaxed rules, leading to unfair advantages and possible deterrents to investment in India.
Law Enforcement Challenges: The push for data localization stems from law enforcement’s need for access to cross-border data, but a more targeted approach could be more effective than a blanket regulation.
The rules lack clarity on how businesses can verify the legitimacy of user information requests and do not address excessive or unfounded requests for data.
Sensitive Business Data Concerns: Uncertainty exists regarding government access to sensitive business data, raising concerns about the protection of trade secrets and competitive information.
These issues highlight the need for improved procedural safeguards to ensure that businesses can protect sensitive information while complying with regulations.
What should be the way Forward?
Importance of Compliance: Businesses should view compliance with data protection laws as essential for protecting their reputation and ensuring operational continuity, rather than just a regulatory obligation.
Need for Evolving Privacy Frameworks: India must move beyond traditional notice-and-consent mechanisms to better protect citizens’ privacy, especially in environments where consent is difficult to obtain.
With advancements in IoT, 5G, and AI leading to increased data collection, new privacy frameworks should focus on broader protections rather than solely relying on consent.
Targeted Data Localization: The draft rules should consider a more targeted approach to data localization that addresses law enforcement needs without imposing excessive burdens on businesses.
