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Subject: Governance

Important aspects of Society

  • Why the SC slammed the two-finger test on rape and sexual assault victims?

    finger

    The Supreme Court has declared that any person conducting the invasive ‘two-finger’ or ‘three-finger’ vaginal test on rape or sexual assault survivors will be found guilty of misconduct.

    What is the two-finger test?

    • The test is conducted to check whether the victim has had recent sexual intercourse.
    • It includes an inspection of the hymen.
    • The hymen is inspected as it can be torn only if the woman has had any sexual intercourse.
    • This test was performed on rape or sexual assault survivors.

    What did the Verma Committee say on the two-finger test?

    • The committee under former Chief Justice JS Verma, formed soon after the 2012 Nirbhaya Gangrape case had recommended tougher laws for such cases and ban of the two-finger test.
    • This test has no bearing on a case of sexual assault.
    • On the basis of this test observations/ conclusions such as ‘habituated to sexual intercourse’ should not be made and this is forbidden by law.
    • Yet, the test continues to be conducted in India and other countries despite rape test kits are being provided by the government to all medical institutions after the committee recommendations.

    Is the two-finger test scientifically accepted?

    • Of course NOT.
    • According to medical experts, science has proved that the hymen is not a reliable source of proving vaginal penetration.
    • The hymen, which is a thin membrane in the vagina, can rupture not just during sexual activity but also during day-to-day work or any physical activity, including playing sports.

    What has the Supreme Court said previously?

    • Violation of privacy: In May 2013, the Supreme Court banned the two-finger test on rape victims on the grounds that it violated their right to privacy.
    • Alternative procedures: The court asked the government to provide better medical procedures in order to confirm sexual assault.
    • Painful for women: The test is medically unnecessary, often times painful, humiliating and a traumatic practice that must end.

    Way ahead

    • Workshops should be held for health providers to prevent the test from being conducted on rape survivors.
    • The curriculum in medical schools should be revised.
    • The court ordered copies of the judgment to be handed over to the Health Ministry, which should be circulated to the health and home departments of the States.
    • The home departments should circulate the judgment to the Director Generals of Police in the States.

     

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  • Decentralise MGNREGS for better implementation: Govt. Study

    An internal study commissioned by the Ministry of Rural Development has argued for decentralization of the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS), allowing for more “flexibility” at the ground level.

    Key recommendations to revamp MGNREGS

    • Work diversification: There should be a greater diversification of permissible works instead of listing the types of permissible works.
    • Broad categories of works may be listed out.
    • Flexibility should be given at ground level to select the type of works as per broad categories.

    What is MGNREGS?

    • The MGNREGA stands for Mahatma Gandhi National Rural Employment Guarantee Act of 2005.
    • This is labour law and social security measure that aims to guarantee the ‘Right to Work’.
    • The act was first proposed in 1991 by P.V. Narasimha Rao.

    What is so unique about it?

    • MGNREGA is unique in not only ensuring at least 100 days of employment to the willing unskilled workers, but also in ensuring an enforceable commitment on the implementing machinery i.e., the State Governments, and providing a bargaining power to the labourers.
    • The failure of provision for employment within 15 days of the receipt of job application from a prospective household will result in the payment of unemployment allowance to the job seekers.
    • Any Indian citizen above the age of 18 years who resides in rural India can apply for the NREGA scheme. The applicant should have volunteered to do unskilled work.
    • Employment is to be provided within 5 km of an applicant’s residence, and minimum wages are to be paid.
    • Thus, employment under MGNREGA is a legal entitlement.

    Why imbibe some changes?

    (1) Empowering Gram Sabhas

    • The fund management has been centralised instead of paying the Gram Sabhas.
    • The Gram Sabhas could better decide the work they want to undertake.
    • The Sabhas can take into account the local conditions and the community’s requirement instead of chasing a target set for them.

    (2) Prevent delays in fund disbursal

    • The internal study also flagged the frequent delay in fund disbursal, and to deal with it suggested a revolving fund that can be utilised whenever there is a delay in the Central funds.
    • The survey quoted various instances to underline this chronic problem.

    (3) Prevent delay in wages

    • In Himachal Pradesh and Gujarat, the delay in wages was by three or four months and the material component by six months.
    • The study also noted that the MGNREGS wages were far below the market rate in many States, defeating the purpose of acting as a safety net.

    Answer this PYQ in the comment box:

    Q.Among the following who are eligible to benefit from the “Mahatma Gandhi national rural employment guarantee act”?

    (a) Adult members of only the scheduled caste and scheduled tribe households.

    (b) Adult members of below poverty line (BPL) households.

    (c) Adult members of households of all backward communities.

    (d) Adult members of any household.

    [wpdiscuz-feedback id=”f5a0529pf5″ question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

     

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  • Reframing the Guidelines of Capital Punishment

    Capital

    Context

    • CJI, Justice Lalit had displayed unique sensitivity to the plight of the condemned ‘death row prisoners’ in Anokhi Lal vs State of M.P. (2019), Irfan vs State of M.P., Manoj and Ors vs State of M.P. (May 2022) and impart corrections in the form of creative directions/guidelines.

    What is capital punishment?

    • Capital punishment, sometimes called death penalty, is execution of an offender sentenced to death after conviction by a court of law for a criminal offense.
    • It should be distinguished from extrajudicial executions carried out without due process of law.
    • The term death penalty is sometimes used interchangeably with capital punishment, though imposition of the penalty is not always followed by execution, because of the possibility of commutation to life imprisonment.

    Capital

    Background of capital punishment

    • Bachan Singh case: In Jagmohan Singh vs State of UP’ (1973), then in ‘Rajendra Prasad vs State of UP’ (1979), and finally in ‘Bachan Singh vs State of Punjab’ (1980) the Supreme Court affirmed the constitutional validity of the death penalty.
    • Punishment according to fair procedure: It said that if capital punishment is provided in the law and the procedure is a fair, just and reasonable one, the death sentence can be awarded to a convict.
    • Rarest of rare case: This will, however, only be in the “rarest of rare” cases, and the courts should render “special reasons” while sending a person to the gallows.

    What is “rarest of rare” case?

    • The principles of what would constitute the “rarest of rare” were laid down by the top court in the landmark judgment in ‘Bachan Singh’.
    • Two prime questions, the top court held, may be asked and answered:
    • First: is there something uncommon about the crime which renders the sentence of imprisonment for life inadequate and calls for a death sentence?
    • Second: are there circumstances of the crime such that there is no alternative but to impose the death sentence even after according to maximum weightage to the mitigating circumstances which speak in favor of the offenders?

    Why existing guidelines are problematic?

    • Arbitrary sentencing: There has long been a judicial crisis in death penalty sentencing on account of unprincipled sentencing, arbitrariness and worrying levels of subjectivity. The crisis has been acknowledged by the Supreme Court, the Law Commission of India, research scholars and civil society groups.
    • Crime-centric nature: Death penalty sentencing has been, by and large, crime-centric. This approach goes against the requirements imposed on sentencing judges by the Supreme Court in Bachan Singh (1980).
    • Nature of crime a dominant consideration: An important reason for the breakdown is that factors relating to the crime the nature of the crime and its brutality are often dominant considerations, and there is barely any consideration of mitigating factors.
    • Little discussion on mitigating factors: There has been very little discussion on bringing the socioeconomic profile of death row prisoners as a mitigating factor into the courtroom.

    capital

    What are new guidelines through recent judgement?

    • Considering Potential mitigating circumstances: The focus here is on reframing ‘Framing Guidelines Regarding Potential Mitigating Circumstances to be Considered While Imposing Death Sentences’, a decision authored by the three judge Bench (the current CJI and Justices Ravindra Bhat and Sudhanshu Dhulia, September 19, 2022).
    • Seeking remedies beyond Legislative and judicial limitation: Such a reference to a larger Bench would constitute yet another step in the direction of death penalty sentencing justice reform such as the legislative limitation flowing from Section 354(3) in the Code of Criminal Procedure; judicial limitation flowing from the ‘rarest of rare’ case; and ‘oral hearing’ after all the remedies to the condemned are exhausted.
    • Mitigating factors are important: Justice Ravindra Bhat did not stop at paying lip service to ‘rarest of rare’ case limitation, but also required the sentencing court to take the trouble of balancing the aggravating factors and mitigating factors, as per the full Bench ruling.
    • The following observations of the Court are significant: “It is also a fact that in all cases where imposition of capital sentence is a choice of sentence, aggravating circumstances would always be on record, and would be part of [the] prosecutor’s evidence, leading to conviction, whereas the accused can scarcely be expected to place mitigating circumstances on the record, for the reason that the stage for doing so is after conviction.
    • Granting real and meaningful opportunity: The three judge Bench decision seems to have gone beyond sentencing incongruities when it observes: “This court is of the opinion that it is necessary to have clarity in the matter to ensure a uniform approach on the question of granting real and meaningful opportunity, as opposed to formal hearing to the accused/convict on the issue of sentence.”

    Conclusion

    • Free, fair and transparent opportunity has been given to accused while awarding the death sentence. Supreme court of India has rightly laid down the guidelines through judgement for sentencing the capital punishment to prevent the arbitrary use and misuse of capital punishment.

    Mains Question

    Q. What are the issues with death penalty guidelines in India? What are the new guidelines by SC regarding capital punishment?

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  • PM calls for ‘One Nation, One Uniform’ for Police

    uniform

    Prime Minister has pitched the idea of “One Nation, One Uniform” for Indian police forces.

    One Nation One Uniform

    • PM urged that the identity of police across the country should be the same.
    • This suggestion is in line with his broader attempt to introduce a uniform set of policies across the country.

    How can this be achieved?

    • Law and order is a State Subject.
    • The Indian Constitution puts police forces under the jurisdiction of state governments, and each of the 28 states have their own police force.
    • Both ‘public order’ and the ‘police’ are placed in List II (State List) of the Seventh Schedule of the Constitution, which deals with the division of powers between the Union and States.
    • In the circumstances, it is unclear how the PM’s suggestion, if the government were to take it up seriously, might be implemented.

    Why such move?

    Ans. Inconsistencies in attire

    • While police personnel in India are often associated with the colour khaki, their uniforms do differ in varying degrees in different regions.
    • For example:
    1. Kolkata Police wear white uniforms
    2. Puducherry Police constables wear a bright red cap with their khaki uniforms
    3. Delhi Traffic Police personnel wear white and blue uniforms

    Changes in police uniforms

    Over the years, police departments of various states have made various attempts to reform uniforms for their personnel.

    • Maharashtra: In February 2018, in a bid to prevent colour variation in the uniform of its personnel, the Maharashtra police had decided to provide dope-dyed khaki fabric for its staff. Again, the Maharashtra DGP issued a circular discontinuing the practice of wearing a “tunic uniform” for officers from the rank of Police Sub Inspectors (PSI) to Deputy Superintendent (DySP).
    • Karnataka: In October 2018, the Karnataka Police announced that women personnel would no longer wear khaki saris, rather a khaki shirt and trousers while on duty. This would make it easier for policewomen to do their job and improve their effectiveness in dealing with crime.
    • New Delhi: The Delhi Police had asked the National Institute of Fashion Technology (NIFT) to design fresh uniforms, with an immediate focus on clothing that would be more comfortable.

    Other such moves

    • In August this year, the Ministry of Chemicals and Fertilisers announced that it had implemented the “One Nation One Fertiliser” scheme.
    • The Centre in August 2019 had introduced the “One Nation One Ration Card” scheme.
    • PM has also repeatedly suggested the implementation of “One Nation, One Election”, and adopting a single voter list for all polls.

     

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  • Nutrition, Not Hunger Should Be the Priority

    Nutrition

    Context

    • The fountainhead is a 16-year-old German and Irish organization, which measures and ranks countries on a hunger index at the global, regional, and national levels, but not at the sub-national level where some Indian states fare better. The Global Hunger Index’s (GHI) stated aim is to reduce hunger around the world. But its methodology focuses disproportionately on less than five-year-old’s.

    Problematic methodology of GHI

    • Mixing the hunger and nutrition: In common parlance, hunger and nutrition are two different things. Hunger is associated with food scarcity and starvation. It produces images of emaciated people holding empty food bowls.
    • Wrong data collection methods: GHI uses childhood mortality and nutrition indicators. But its preamble states “communities, civil society organizations, small producers, farmers, and indigenous groups shape how access to nutritious food is governed.”
    • Irony of food grain availability: This suggests that GHI sees hunger as a food production challenge when, according to the FAO, India is the world’s largest producer and consumer of grain and the largest producer of milk; when the per capita intake of grain, vegetables and milk has increased manifold. It is, therefore, contentious and unacceptable to club India with countries facing serious food shortages, which is what GHI has done.

    Data according to the latest National Family Health Survey Report

    • Comparative state level data collection: The sensational use of the word hunger is abhorrent given the facts. But there is no denying that in India, nutrition, particularly child nutrition, continues to be a problem. Unlike the GHI, the National Family Health Survey (NFHS) does a good job of providing comparative state-level data, including the main pointers that determine health and nutrition.
    • Crucial health parameters included: NFHS provides estimates of underweight, (low weight for age), stunting (low height for age) and wasting (low weight for height). These conditions affect preschool children (those less than 6 years of age) disproportionately and compromise a child’s physical and mental development while also increasing the vulnerability to infections.
    • Undernourishment is included: Undernourished mothers (attributable to social and cultural practices,) give birth to low-birth-weight babies that remain susceptible to infections, transporting their handicaps into childhood and adolescence. NFHS includes undernourishment parameter.

    Why nutrition is the best indicator of health?

    • Link between nutrition and disease: There are links between the nutritional status of young children with the post-neonatal phase when children suffer from acute respiratory infections and diarrhoeal diseases. Sanitation and hygiene require much more work.
    • Diet and food intake is important: Professor V Subramanian at the Harvard Chan School of Public Health writes, “There is a need to declutter the current approaches to child undernutrition by keeping it simple. I advise against a disproportionate focus on anthropometry (body measurements); instead, the need is to have a direct engagement with actual diet and food intake.”

    Nutrition

    How to overcome the child nutrition challenge?

    • Improving the breast feeding: The first child nutrition challenge relates to breastfeeding. The WHO and UNICEF recommend that breastfeeding should be initiated within the first hour of birth and infants should be exclusively breastfed for the first six months. According to NFHS 5, in India, the percentage improvement of children who were exclusively breastfed when under six months, rose from 55 per cent in NFHS 4 to 64 per cent in NFHS 5. That is progress, but it is not enough. By not being breastfed, an infant is denied the benefits of acquiring antibodies against infections, allergies and even protection against several chronic conditions.
    • Better nutritional practice: The second issue relates to young child feeding practices. At root are widespread practices like not introducing semi-solid food after six months, prolonging breastfeeding well beyond the recommended six months and giving food lacking in nutritional diversity. NFHS 5 shows that the improvement has been marginal over the last two reports and surprisingly, states like Maharashtra, Rajasthan, Assam, UP and Gujarat are at the tail end.
    • Continuation of nutrition programmes: Almost one dozen nutrition programmes have been under implementation since 1975. Several more have been added of late, but most beneficiaries of these food distribution programmes are kids attending anganwadis or schools, adolescents, and pregnant and lactating mothers. This must continue but new-Borns, infants, and toddlers need attention too. Monitoring weight is an indicator, not a solution.
    • States must be encouraged: States should be urged to examine the NFHS findings to steer a new course to improve the poshan practices for the youngest and the most vulnerable sections of society.
    • Better child rearing practices: Helping mothers to better the lives of their infants and toddlers right inside the home by measuring and demonstrating how much diet, food intake and child-rearing practices matter.

    Nutrition

    Conclusion

    • We should lose no more time over the GHI rankings, which are distorted and irrelevant. India has successfully overcome much bigger problems reduced maternal and child mortality, improved access to sanitation, clean drinking water and clean cooking fuel. Our focus should be on nutrition rather than hunger.

    Mains Question

    Critically analyze the India’s hunger problem in light of Global Hunger Index. What are initiatives of Government of India to overcome hunger and nutrition challenge?

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  • Declining Funding to Welfare Schemes

    Context

    • Over the past three years, over 50% of existing central government sponsored schemes have been discontinued, subsumed, revamped or rationalized into other schemes. The impact has been varied across Ministries.

    Social welfare Schemes which are discontinued, subsumed or revamped

    • Schemes under Ministry of women and child development: There are just three schemes now out of 19 schemes, i.e., Mission Shakti, Mission Vatsalya, Saksham Anganwadi and Poshan 2.0. Mission Shakti itself replaced 14 schemes which included the ‘Beti Bachao, Beti Padhao’ scheme.
    • Schemes under Ministry of animal husbandry and dairy: Just two schemes remain out of 12. Additionally, the Ministry has ended three schemes which include Dairying through Cooperatives, National Dairy Plan II, etc.
    • Schemes under Ministry of Agriculture and Farmers’ Welfare: There are now three out of 20 (Krishonnati Yojana, Integrated Scheme on Agricultural Cooperatives and the Rashtriya Krishi Vikas Yojana), while there is little information on the National Project on Organic Farming or the National Agroforestry Policy.

    Government spending on fertilizers

    • Declining fertilizer subsidies: Subsidies having been in decline over the last few years; actual government spending on fertilizers in FY2021 reached â‚č1,27,921 crore. In the FY2122 Budget, the allocation was â‚č79,529 crore (later revised to â‚č1,40,122 crore amidst the COVID19 pandemic). In the FY2223 Budget, the allocation was â‚č1,05,222 crore.
    • Price rise in NPK fertilizers: Allocation for NPK fertilizers (nitrogen, phosphorus, and potassium) was 35% lower than revised estimates in FY2122. Such budgetary cuts, when fertilizer prices have risen sharply after the Ukraine war, have led to fertilizer shortages and farmer anguish.

    The status of other important schemes

    • Reduced budget of MGNREGA: The allocation for the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) went down by approximately 25% in the FY2223 Budget earlier this year, with the allocated budget at â‚č73,000 crore when compared to the FY21-22 revised estimates of â‚č98,000 crore. The Economic Survey 2022-23 has highlighted that demand for the scheme was higher than pre-pandemic levels as rural distress continues. Anecdotal cases show that actual funding disbursal for MGNREGA has often been delayed, leading to a decline in confidence in the scheme.
    • The Garib Kalyan Rojgar Abhiyaan: The GKRAY (June 2020, for a period of 125 days) sought to provide immediate employment and livelihood opportunities to the rural poor; approximately 50.78 crore person days of employment were provided at an expenditure of approximately â‚č39,293 crore (against an announced budget of â‚č50,000 crore, Ministry for Rural Development). The scheme subsumed 15 other schemes. With between 60 million to 100 million migrant workers who seek informal jobs, such a scheme should have been expanded.
    • Delayed payments for Accredited Social Health Activists (ASHA): ASHA, who are the first responders, there have been delays in salaries for up to six months. Regularisation of their jobs continues to be a struggle, with wages and honorariums stuck at minimum levels. There is one more example. Biodiversity has also been ignored.
    • Less funding or wildlife habitat development: Funding under the Ministry of Environment, Forest and Climate Change has declined: from â‚č165 crore (FY18-19), to â‚č124.5 crore (FY19-20), to â‚č87.6 crore (FY2021). Allocations for Project Tiger have been slashed â‚č323 crore (FY18-19) to â‚č194.5 crore (FY20-21). A pertinent question is about meeting climate change obligations in the face of funding cuts.

    What are the reasons behind slashing of Funds?

    • Funds lying idle: There are challenges such as funding cuts, disbursement and utilization of funds. As of June 2022, â‚č1.2 lakh crore of funds meant for central government sponsored schemes are with banks which earn interest income for the Centre.
    • Some of the unutilized funds: For instance, the Nirbhaya fund (2013) with its focus on funding projects to improve the public safety of women in public spaces and encourage their participation in economic and social activities is an interesting case; â‚č1,000 crore was allocated to the fund annually (2013-16), and remained largely unspent. As of FY2122, approximately â‚č6,214 crore was allocated to the Nirbhaya fund since its launch, but only â‚č4,138 crore was disbursed. Of this, just â‚č2,922 crore was utilised; â‚č660 crore was disbursed to the Ministry of Women and Child Development, but only â‚č181 crore was utilised as of July 2021.

    Various reasons for corruption in implementation of welfare programmes:

    1. Lack of scrutiny: Government schemes are meant to implement at local level. Lack of effective scrutiny through timely inspections, audits lead to unaccountability and gross mismanagement of funds.
    2. Lack of awareness: Due to illiteracy and unawareness of various government schemes and its provisions lead to corruption. False beneficiaries, fake documents are used to misuse funds meant for the benefit of schemes.
    3. Weak enforcement of laws: Weak enforcement of laws for punishing corrupt has led to a sense of fearlessness among corrupts. India’s anti-corruption law has failed to punish the corrupt and instil fears regarding corruption.
    4. Political inaction: Most of the time, officials involved in corruption have political backing. Many times politicians or their family members are involved in corruption. Thus, any effort to punish the culprit goes in vain due to political interference.
    5. Centralised administration: The welfare bureaucracy is deeply centralised that comes at the cost of building a local government system that is genuinely responsive to citizen needs.
    6. Judicial delays: Judiciary in India is overburdened. A case of corruption drags for years. In the meantime, the culprit is able to destroy the evidence against him and influence the judiciary.
    7. Weak local governance: Local governance is must for effective implementation of welfare programmes. Due to absence of strong Panchayats and lack of effective local scrutiny the programmes are used as an opportunity for corruption.

    What should be the way forward?

    • State should get more funding for welfare: Rather than downsizing government schemes and cutting funding, one should right size the government. After the Goods and Services Tax reform, the Centre-State relationship has been transformed, with fiscal firepower skewed towards the Centre.
    • Need of efficient civil services: Our public services require more doctors, teachers, engineers and fewer data entry clerks. We need to build capacity for an efficient civil service to meet today’s challenges, i.e., providing a corruption free welfare system, running a modern economy and providing better public goods.
    • Making public service delivery effective: Rather than having a target of fewer government schemes, we should raise our aspirations towards better public service delivery.

    Conclusion

    • Welfare schemes are absolutely necessary where large population still lives under poverty. Inflation and unemployment further exacerbate the problem. Rather than reduction or cutting the funds government should rationalize the spending on welfare schemes.

    Mains Question

    Why is there continuous decline in spending on various welfare schemes? How can government rationalize its spending on welfare schemes?

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  • What is the News Broadcasting & Digital Standards Authority (NBDSA)?

    The NBDSA has fined the news channel for turning a news debate on hijab into a “communal issue” and not adhering to guidelines.

    What is the News Broadcasting & Digital Standards Authority (NBDSA)?

    • The NBDSA is a self-regulatory agency set up by news and digital broadcasters.
    • It is an independent body set up by the News Broadcasters & Digital Association (NBDA), which serves as a representative of private television news, current affairs and digital broadcasters.
    • It describes itself as “the collective voice of the news, current affairs and digital broadcasters in India.”
    • Funded entirely by its members, the NBDA has 26 news and current affairs broadcasters (comprising 119 news and current affairs channels) as its members.
    • Various senior members of Indian media organisations serve on its Board of Directors.

    Composition of the NBDSA

    • The body includes a Chairperson who is to be an eminent jurist, and other members such as news editors, and those experienced in the field of law, education, literature, public administration, etc.
    • They are to be nominated by a majority of the Board.
    • Former Supreme Court judge and jurist AK Sikri is currently serving as the Chairperson.

    Functioning of NBDSA

    • Within this structure, it lays-down and foster high standards, ethics and practices in news broadcasting, including entertaining and deciding complaints against or in respect of broadcasters.
    • These standards mention a focus on objectivity, impartiality, maintaining discretion when reporting on crime against women and children, not endangering national security, etc.

    Powers and authorities

    • NBDSA may initiate proceedings on its own and issue notice or take action in respect to any matter which falls within its regulations.
    • This can also be through complaints referred to the Authority by the Ministry of Information & Broadcasting or any other governmental body, or by anyone else via its website.
    • A “two-tier” procedure is in place for redressing grievances, where any person aggrieved by the content of any broadcast is required to first make a complaint to the concerned broadcaster and then the Authority if dissatisfied.

    Why was the channel fined?

    • The NBDSA held that the programme was in violation of the principles relating to impartiality, neutrality, fairness and good taste and decency.
    • It said that it did not have any problem with the subject but with the narrative of the debate.

     

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  • Online Child Sexual Abuse Material

    child

    Context

    • Last month, the Central Bureau of Investigation (CBI) conducted searches across States and Union Territories as part of a pan-India operation, “Megh Chakra”. The operation, against the online circulation and sharing of Child Sexual Abusive Material (CSAM) using cloud-based storage, was supposedly based on inputs received from Interpol’s Singapore special unit, in turn based on the information received from New Zealand.

    Current system of detecting CSAM

    • Help of foreign agencies: As the public reporting of circulation of online CSAM is very low and there is no system of automatic electronic monitoring, India’s enforcement agencies are largely dependent on foreign agencies for the requisite information.
    • Operation carbon: In November 2021, a similar exercise code-named “Operation Carbon” was launched by the CBI, with many being booked under the IT Act, 2000.

    American Model of fighting CSAM

    • Cyber tipline programme under NCMEC: The National Centre for Missing & Exploited Children (NCMEC), a non-profit organization in the United States, operates a programme called Cyber Tipline, for public and electronic service providers (ESPs) to report instances of suspected child sexual exploitation. In 2021, the Cyber Tipline received more than 29.3 million reports (99% from ESPs) of U.S. hosted and suspected CSAM.
    • Mandatory reporting for Internet service providers (ISPs): ISPs are mandated to report the identity and the location of individuals suspected of violating the law. Also, NCMEC may notify ISPs to block transmission of online CSAM.

    UK Model of fighting CSAM

    • Internet Watch Foundation (IWF) to ensure safe online environment: In the United Kingdom, the mission of the Internet Watch Foundation (IWF), a non-profit organisation established by the United Kingdom’s Internet industry to ensure a safe online environment for users with a particular focus on CSAM, includes disrupting the availability of CSAM and deleting such content hosted in the U.K.
    • ISPs may be held responsible: The IWF engages the analysts to actively search for criminal content and not just rely on reports from external sources. Though the U.K. does not explicitly mandate the reporting of suspected CSAM, ISPs may be held responsible for third party content if they host or caches such content on their servers. In 2021, the IWF assessed 3,61,062 reports, (about 70% reports had CSAM) and seven in 10 reports contained “self-generated” CSAM.

    child

    Efforts of Global community

    • Global network for secure IT infrastructure: A global network of 50 hotlines (46 member countries), provides the public with a way to anonymously report CSAM. It provides secure IT infrastructure, ICCAM (I- “See” (c)-Child-Abuse-Material) hosted by Interpol and facilitates the exchange of CSAM reports between hotlines and law enforcement agencies. ICCAM is a tool to facilitate image/video hashing/finger printing and reduce the number of duplicate investigations.
    • Removal of illegal URLs: In 2021, the number of exchanged content URLs stood at 9,28,278, of which 4,43,705 contained illegal content. About 72% of all illegal content URLs were removed from the Internet within three days of a notice and takedown order.

    child

    India’s Efforts so far

    • Internet service providers are exempted from the liability: In India, the Supreme Court of India, in Shreya Singhal (2015), read down Section 79(3)(b) of the IT Act to mean that the ISP, only upon receiving actual knowledge of the court order or on being notified by the appropriate government, shall remove or disable access to illegal contents. Thus, ISPs are exempted from the liability of any third-party information.
    • In the Kamlesh Vaswani (WP(C) 177/2013) case: The petitioner sought a complete ban on pornography. After the Court’s intervention, the advisory committee (constituted under Section 88 of the IT Act) issued orders in March 2015 to ISPs to disable nine (domain) URLs which hosted contents in violation of the morality and decency clause of Article 19(2) of the Constitution. The petition is still pending in the Supreme Court.
    • Aarambh India portal: a Mumbai-based non-governmental organization, partnered with the IWF, and launched India’s first online reporting portal in September 2016 to report images and videos of child abuse. These reports are assessed by the expert team of IWF analysts and offending URLs are added to its blocking list. Till 2018, out of 1,182 reports received at the portal, only 122 were found to contain CSAM.
    • National cybercrime reporting portal: The Ministry of Home Affairs (MHA) launched a national cybercrime reporting portal in September 2018 for filing online complaints pertaining to child pornography and rape-gang rape. This facility was developed in compliance with Supreme Court directions with regard to a public interest litigation filed by Prajwala, a Hyderabad-based NGO that rescues and rehabilitates sex trafficking survivors. As not many cases of child porn and rape were reported, the portal was later extended to all types of cybercrime.
    • National Crime Records Bureau (MHA): The National Crime Records Bureau (MHA) signed a memorandum of understanding with the NCMEC in April 2019 to receive Cyber Tipline reports to facilitate action against those who upload or share CSAM in India. The NCRB has received more than two million Cyber Tipline reports which have been forwarded to the States for legal action.
    • The ad hoc Committee of the Rajya Sabha: In its report of January 2020, made wide-ranging recommendations on ‘the alarming issue of pornography on social media and its effect on children and society as whole’.
    • Widening of the definition of ‘child pornography’: On the legislative front, the committee not only recommended the widening of the definition of ‘child pornography’ but also proactive monitoring, mandatory reporting and taking down or blocking CSAM by ISPs.
    • Breaking of end-to-end encryption: On the technical front, the committee recommended permitting the breaking of end-to-end encryption, building partnership with industry to develop tools using artificial intelligence for dark-web investigations, tracing identity of users engaged in crypto currency transactions to purchase child pornography online and liasoning with financial service companies to prevent online payments for purchasing child pornography.

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    What needs to be done?

    • Mandatory reporting of CSAM by ISP, s: According to the ninth edition (2018) report of the International Centre for Missing and Exploited Children on “Child Sexual Abusive Material: Model Legislation & Global Review”, more than 30 countries now require mandatory reporting of CSAM by ISPs. Surprisingly, India also figures in this list, though, the law does not provide for such mandatory reporting.
    • Establish liability of legal persons: The Optional Protocol to the United Nations Convention on the Rights of the Child that addresses child sexual exploitation encourages state parties to establish liability of legal persons.
    • Convention on The Protection of Children against Sexual Exploitation and Sexual Abuse: The Council of Europe’s Convention on Cybercrime and Convention on The Protection of Children against Sexual Exploitation and Sexual Abuse also requires member states to address the issue of corporate liability.
    • India should join INHOPE: It is time India joins INHOPE and establishes its hotline to utilize Interpol’s secure IT infrastructure or collaborate with ISPs and financial companies by establishing an independent facility such as the IWF or NCMEC.

    Conclusion

    • India needs to explore all options and adopt an appropriate strategy to fight the production and the spread of online CSAM. Children need to be saved.

    Mains Question

    Q. How children are Vulnerable against child sexual abuse material (CSAM)? What legal remedies available in India against CSAM?

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  • What is ‘general consent’ for CBI?

    The Maharashtra CM has restored general consent to the Central Bureau of Investigation (CBI) to investigate cases in Maharashtra.

    General Consent to CBI

    • The CBI is governed by the Delhi Special Police Establishment Act.
    • This makes consent of a state government mandatory for conducting an investigation in that state.
    • Generally, the CBI has jurisdiction only over central government departments and employees.
    • However, it can investigate a case involving state government employees or a violent crime in a given state only after that state government gives its consent.

    When is Consent needed?

    • There are two kinds of consent: case-specific and general.
    • General consent is normally given to help the CBI seamlessly conduct its investigation into cases of corruption against central government employees in the concerned state.
    • Almost all states have given such consent.
    • Otherwise, the CBI would require consent in every case.
    • For example, if it wanted to investigate a bribery charge against a Western Railway clerk in Mumbai, it would have to apply for consent with the Maharashtra government before registering a case against him.

    Withdrawing General Consent  

    • It means the CBI will not be able to register any fresh case involving a central government official or a private person stationed in these two states without getting case-specific consent.
    • Withdrawal of consent simply means that CBI officers will lose all powers of a police officer as soon as they enter the state unless the state government has allowed them.

    Under what provisions general consent can be withdrawn?

    • Section 6 of the Act says nothing contained in Section 5 shall be deemed to enable any member of the Delhi Special Police Establishment to exercise powers and jurisdiction in any area in a State, not being a Union Territory or Railway, area, without the consent of the Government of that State.
    • In exercise of the power conferred by Section 6 of the Delhi Special Police Establishment Act, 1946, the government can withdraw the general consent to exercise the powers and jurisdiction.

    Back2Basics: Central Bureau of Investigation (CBI)

    • Origins of CBI can be traced back to the Special Police Establishment (SPE) set up in 1941 in order to cases of bribery and corruption in War & Supply Department of India during World War II.
    • The need of a Central Government agency to investigate cases of bribery and corruption was felt even after the end of World War II.
    • So, DSPE (Delhi Special Police Establishment) Act, 1946 was brought that gave legal power of investigating cases to CBI.
    • CBI is not a statutory body as it is not established by an Act of the Parliament.
    • CBI investigates cases related to economic crimes, special crimes, cases of corruption and other high-profile cases.
    • CBI comes under the jurisdiction of the Ministry of Personnel, Public Grievances and Pensions.
    • CBI is exempted from Right to Information (RTI) Act similar to the National Investigating Agency (NIA), National Intelligence Grid (NATGRID), etc.

     

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  • Physical Inactivity, Neglected Burden on Economy

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    Context

    • Global status report on physical activity is WHO’s first dedicated global assessment of global progress on country implementation of policy recommendations of the Global Action Plan on Physical Activity (GAPPA) 2018-2030.

    What are the findings of the report?

    • Poor physical activity standards: Over 80 per cent adolescents and 27 per cent adults do not meet the physical activity standards set by the World Health Organization (WHO), according to a new report.
    • developing non-communicable diseases: This will lead to 500 million additional people developing non-communicable diseases from 2020-2030 and cost the global economy $27 billion annually, it added.

    How physical Inactivity impacts health and Economy?

    • Changing lifestyles: Sedentary lifestyle of a large share of the global population has been linked to rising prevalence of heart diseases, obesity, diabetes or other noncommunicable diseases.
    • Increasing Hypertension and depression: Of the 500 million new cases projected, nearly half will be attributed to hypertension and 43 per cent to depression, the authors of the report said.
    • A strain on the health systems: The report quantified the economic burden of not being able to meet the GAPPA target. The sharp rise in non-communicable diseases will also put a strain on the health systems in every country.
    • Rising cost of treatment: If the current prevalence of physical inactivity doesn’t change, the world will incur treatment costs of just over $300 billion till 2030, the report mentioned.
    • 70 per cent of health-care expenditure: The largest economic cost is set to occur among high-income countries, according to the analysis. This will account for 70 per cent of health-care expenditure on treating illness resulting from physical inactivity, it showed. Around 75 per cent of the cases will occur in low- and middle-income countries, it added.

    What are the government efforts to address the physical inactivity menace?

    • National physical activity policy: Less than half the countries in the world have any national physical activity policy, showed the analysis of 194 countries by WHO published October 19, 2022.
    • National policies are in operation: Less than 40 per cent of the existing national policies are in operation, the United Nations health agency noted in the Global status report on physical activity 2022.
    • Monitor physical activity among adolescents: As many as 75 per cent of countries monitor physical activity among adolescents, and less than 30 per cent monitor physical activity in children under 5 years.
    • Addressing lack of public Infrastructure: The report highlighted that data regarding progress on certain policy actions is missing. These include provision of public open space, provision of walking and cycling infrastructure, provision of sport and physical education in schools.
    • National physical activity guidelines: only 30 per cent of countries have national physical activity guidelines for all age groups, according to the findings of the report.

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    What are the Recommendations of WHO?

    • Exercise benefits mental and physical health: Light exercise and even walking has proven benefits for mental and physical health, studies have shown.
    • Infrastructural changes by governments: Citizens cannot make healthier lifestyle choices without infrastructural changes by governments such as safe walking and cycling lanes. “In policy areas that could encourage active and sustainable transport, only just over 40% of countries have road design standards that make walking and cycling safer,” the WHO analysts found.
    • Five ways to address the policy gaps: 
    1. Strengthen whole-of-government ownership and political leadership
    2. Integrate physical activity into relevant policies and support policy implementation with practical tools and guidance
    3. Strengthen partnerships, engage communities and build capacity in people
    4. Reinforce data systems, monitoring, and knowledge translation
    5. Secure sustainable funding and align with national policy commitments
    • Four areas of policy intervention:
    1. Active societies,
    2. active environments,
    3. active people and
    4. active systems.

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    Government of India’s efforts to promote physical activity

    • FIT India Movement: FIT INDIA Movement was launched on 29th August 2019 by Honorable Prime Minister with a view to make fitness an integral part of our daily lives. The mission of the Movement is to bring about behavioral changes and move towards a more physically active lifestyle.
    • Objectives of Fit India: Fit India proposes to undertake various initiatives and conduct events to achieve the following objectives:
    1. To promote fitness as easy, fun and free.
    2. To spread awareness on fitness and various physical activities that promote fitness through focused campaigns.
    3. To encourage indigenous sports.
    4. To make fitness reach every school, college/university, panchayat/village, etc.
    5. To create a platform for citizens of India to share information, drive awareness and encourage sharing of personal fitness stories.

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    Conclusion

    • Physical inactivity is silent poison, killing the future of the citizens. Work from home, remote working has increased the physical inactivity among the working populations. Indoor games, mobile addictions, e-learning have reduced the physical activity of children. It’s a collective responsibility of parents, society and government to promote and encourage the physical activity among citizens.

    Mains Question Q.

    What are the ill effects of physical inactivity on health and economy? What are the policies of government India to promote healthy life style?

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