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Subject: Governance

Important aspects of Society

  • NCERT’s Changes On Mughal History and Sparked Heated Debate

    NCERT

    Central Idea

    • The controversy over the National Council of Educational Research and Training (NCERT) reducing the content on Mughal history in the school curriculum has sparked a heated debate in the country. While some argue that this move is part of a larger agenda to erase the Mughal legacy, others believe that it is a necessary step towards reducing the burden on students and providing a more balanced approach to teaching Indian history.

    NCERT’s changes

    • The NCERT removed overlapping material from grades 6 to 12 to reduce the burden on students.
    • Grade 12 has been designed around themes in Indian history. It is divided into three parts spanning over 2,000 years. One theme out of 12 focuses on Kings and Chronicles. It revolves around the significant policies that redefined the landscape and mindset of the people. Akbar’s policies feature in this theme in the rationalized syllabus as well.
    • This is over and above the extensive coverage they get in the middle school curricula, at the cost of the exclusion of the rest. Mughals have been overrepresented in Indian history books and were an obvious area for right-sizing.

    What NCERT has said on omitting chapters?

    • Part of rationalisation process: According to NCERT director, Chapters on Mughals have not been dropped. There was a rationalisation process last year because due to COVID, there was pressure on students everywhere.
    • Reducing the burden without affecting the knowledge: The expert committees examined the books from standards 6-12. They recommended that if some sections or this chapter is dropped, it won’t affect the knowledge of the children and an unnecessary burden can be removed.
    • Transition towards National Education Policy (NEP): NCERT working as per NEP, 2020. This is a transition phase. NEP 2020 speaks of reducing the content load. NCF (National Curriculum Framework) for school education is being formed, it will be finalised soon. Textbooks will be printed in 2024 as per NEP.

    Need for a balanced approach

    • Purpose of studying Indian history: The purpose of studying Indian history should be to understand who we are and how we got here, by understanding the demography, culture, and practices of the various components of India over the last two-and-a-half millennia.
    • Dive deep into all polities: This requires us to dive deep into all polities that have resided in the subcontinental region for significant periods.
    • Mughal history is just one part: Mughal history is just one part of just one period (medieval) of Indian history, and there is a lot more to our history that needs attention.

    Need for a more comprehensive approach

    • Rich and long history: Indian history is too rich, long, and unwieldy for any curriculum to do justice.
    • Children needs to have broader understanding: In the age of Wikipedia, we need to expose our children to the broad themes and grand sweep of history, create an understanding of their origins, and equip them with the tools and curiosity to read and research further as they grow.
    • Step is in good direction: The current reorganization is a good step in that direction.

    Conclusion

    • The real debate should be how to teach 2,500 years of Indian history to children in an engaging and informative manner. Those quibbling over the current rearrangement lack both a perspective on the scale of Indian history and an understanding of the complexities of teaching it. They would be better served by picking up a few history books themselves.

    Mains Question

    Q. The national education policy speaks of reducing the content load and ensure the understanding in this light discuss the significance of teaching history of India in more rational and comprehensive manner.

  • Supreme Court rulings on Encounters

    encounter

    Central idea: A gangster-turned-politician son and his aide were killed in an encounter in UP.

    Why discuss this?

    • The National Human Rights Commission (NHRC) and the Supreme Court have laid down proper guidelines and procedures to be followed to prevent any misuse of power by the law enforcement agencies.
    • However, this encounter has brought to the forefront the issue of extra-judicial killings or “encounters” by the police in India.

    Supreme Court Guidelines on Encounters

    • In September 2014, a bench of then CJI RM Lodha and Rohinton Fali Nariman issued detailed guidelines.
    • These guidelines came in the case “People’s Union for Civil Liberties v State of Maharashtra”.
    • The guidelines enumerated 16 points to be followed in the matters of investigating police encounters in the cases of death as the standard procedure for a thorough, effective and independent investigation-
    1. Registration of a first information report (FIR) as mandatory
    2. Magisterial inquiry
    3. Keeping written records of intelligence inputs
    4. Independent investigation by bodies such as the CID
    5. A Magisterial Inquiry must invariably be held in all cases of death which occur in the course of police action
    6. Next of kin of the deceased must invariably be associated in such inquiry
    7. In every case when a complaint is made against the police alleging commission of a criminal act on their part, which makes out a cognizable case of culpable homicide, an FIR to this effect must be registered under appropriate sections of the IPC
    8. Such an inquiry made under Section 176 of the Code of Criminal Procedure, 1973, must show “whether use of force was justified and action taken was lawful.”
    9. Whenever the police receives any intelligence or tip-off on criminal movements or activities relating to the commission of grave criminal offence, “it shall be reduced into writing in some form (preferably into case diary) or in some electronic form.”
    10. Following such tip-off or intelligence, if an encounter takes place and a firearm is used by the police party, resulting in death, then an FIR to that effect has to be registered and forwarded to the court under Section 157 without delay.
    11. Provisions for an independent investigation into the encounter
    12. The requirements/norms must be strictly observed in all cases of death and grievous injury in police encounters by treating them as law declared under Article 141 of Indian Constitution.
    13. The law declared by the Supreme Court shall be binding on all other courts in Indian Territory.
    14. NHRC’s involvement is not necessary, “unless there is serious doubt about independent and impartial investigation.”
    15. The information about the incident must be sent to NHRC or the State Human Rights Commission.

    NHRC Guidelines on Encounters

    • The National Human Rights Commission (NHRC) has asked all states and Union Territories to ensure that police follow a set of guidelines in cases where death is caused in police encounters.
    • These included the police’s duty to enter all information received about encounter deaths in an “appropriate register” and provisions for investigation by independent agencies like the State CID.

    Issues with such encounters

    • Defies rule of law: This practice undermines the rule of law and due process, and violates the right to life and other human rights.
    • Use of force: There have been allegations of police and security forces using excessive force.
    • Fake encounters: There have been instances of staging encounters, and conducting fake encounters to eliminate suspects without following the due legal process.
    • Autocracy: These incidents have raised concerns about impunity, lack of accountability, and the need for reforms to ensure that law enforcement officials are held accountable for their actions.
    • Distrust among the public: Public often tend to lose belief among the constitutional process of justice.

    Why are such encounters popular among public?

    • Lack of trust in the legal system: Some people may view extrajudicial killings and encounters as a way of bypassing the legal system which they may view as corrupt or inefficient.
    • Perception of safety: There may be a belief among some members of the public that such encounters can help to deter criminals and make their communities safer.
    • Frustration with the slow pace of justice: The Indian legal system can be slow and protracted, and some people may view extrajudicial killings and encounters as a way to expedite the process of justice.
    • Lack of awareness about human rights: Some people may not be aware of the human rights implications of such encounters, or may view them as a necessary means to an end.

    Conclusion

    • It is important to note, however, that extrajudicial killings and encounters are illegal, undermine the rule of law, and violate human rights.
    • They also carry the risk of abuse, and can result in innocent people being targeted or killed.
    • Therefore, such practices cannot be justified or condoned in a democratic and law-abiding society.

    Back2Basics: National Human Rights Commission

    • NHRC is an independent statutory body established in India on 12 October 1993 under the Protection of Human Rights Act, 1993.
    • It is responsible for the protection and promotion of human rights, and prevention of their violations.
    • It is empowered to investigate complaints of human rights violations and recommend appropriate remedial measures.
    • It also monitors the human rights situation in the country, undertakes research and advocacy, and conducts various educational and awareness programs to promote human rights awareness and sensitivity among various sections of society.

     

  • AI Regulation in India: Ensuring Responsible Development and Deployment

    AI

    Central Idea

    • As the deployment of Artificial intelligence (AI) based systems continues to grow, it is important for India to develop and implement regulations that promote responsible development and deployment, while also addressing concerns related to privacy, competition, and job losses.

    The Potential of AI and its Risks

    • Limitless potential: The potential of AI is vast and encompasses a wide range of applications across various fields. AI has the potential to improve productivity, increase efficiency, and provide personalized solutions in many areas such as healthcare, finance, education, manufacturing, transportation, defense, space technology, molecular biology, deep water mining, and exploration.
    • Significant risks: While the potential of AI is immense, it also comes with significant risks that need to be addressed. Some of the risks associated with AI include biased algorithms, misdiagnosis or errors, loss of jobs for professionals, unintended harm or civilian casualties, and cybersecurity threats. It is important to ensure that AI development and deployment are carried out with caution and that potential risks are mitigated.

    AI

    Takeaway keyword Box from civilsdaily: AI applications in various fields, advantages, challenges and associated risks.

    Fields AI Applications Advantages Challenges Risks
    Healthcare Diagnosis and medical imaging, drug discovery, personalized medicine, virtual nursing assistants, remote monitoring of patients, health data analysis Improved accuracy and speed of diagnoses, personalized treatment plans, faster drug discovery, remote patient monitoring Integration with existing healthcare systems, ethical and regulatory concerns, data privacy and security Misdiagnosis or errors, biased algorithms, loss of jobs for healthcare professionals
    Finance Fraud detection, customer service chatbots, personalized financial advice, risk assessment and management, trading algorithms Improved fraud detection and prevention, personalized customer support, optimized risk management, faster trading decisions Integration with existing financial systems, ethical and regulatory concerns, data privacy and security Biased algorithms, systemic risks, cyber attacks
    Education Personalized learning, adaptive learning, intelligent tutoring systems, student engagement analytics, automated grading and feedback Improved student outcomes, personalized learning experiences, increased student engagement, reduced workload for educators Integration with existing education systems, ethical and regulatory concerns, data privacy and security Biased algorithms, loss of jobs for educators, lack of human interaction
    Manufacturing Quality control, predictive maintenance, supply chain optimization, collaborative robots, autonomous vehicles, visual inspection Increased efficiency and productivity, reduced downtime, optimized supply chains, improved worker safety Integration with existing manufacturing systems, ethical and regulatory concerns, data privacy and security Malfunctioning robots or machines, loss of jobs for workers, high implementation costs
    Transportation Autonomous vehicles, predictive maintenance, route optimization, intelligent traffic management, demand forecasting, ride-sharing and on-demand services Reduced accidents and fatalities, reduced congestion and emissions, optimized routing and scheduling, increased accessibility and convenience Integration with existing transportation systems, ethical and regulatory concerns, data privacy and security Malfunctioning autonomous vehicles, job displacement for drivers, cybersecurity threats
    Agriculture Precision agriculture, crop monitoring and analysis, yield optimization, automated irrigation and fertilization, pest management, livestock monitoring Increased crop yields, reduced waste and resource use, optimized crop health, improved livestock management Integration with existing agriculture systems, ethical and regulatory concerns, data privacy and security Malfunctioning drones or sensors, loss of jobs for farm workers, biased algorithms
    Defense Intelligent surveillance and threat detection, unmanned systems, autonomous weapons Improved situational awareness and response, reduced human risk in combat situations Ethical and legal concerns surrounding the use of autonomous weapons, risk of AI being hacked or malfunctioning in combat scenarios Unintended harm or civilian casualties, loss of jobs for military personnel
    Space technology Autonomous navigation, intelligent data analysis, robotics Increased efficiency and productivity in space exploration, improved accuracy in data analysis Risk of AI being hacked or malfunctioning in space missions, ethical and regulatory concerns surrounding the use of autonomous systems in space Damage to equipment or loss of mission due to malfunctioning AI
    Molecular biology Gene editing and analysis, drug discovery and development, personalized medicine Faster and more accurate analysis of genetic data, improved drug discovery and personalized treatment plans Ethical and regulatory concerns surrounding the use of AI in gene editing and personalized medicine Misuse of genetic data or personalized treatment plans, loss of jobs for medical professionals
    Deep water mining and exploration Autonomous underwater vehicles, intelligent data analysis Increased efficiency and productivity in deep sea exploration and mining, improved accuracy in data analysis High costs and technical challenges of developing and deploying AI systems in deep sea environments Malfunctioning AI systems, environmental damage or destruction due to deep sea mining activities

    The Need for Regulation

    • Current regulatory system not well equipped: The current regulatory system may not be equipped to deal with the risks posed by AI, especially in areas such as privacy and competition.
    • Develop regulations in collaboration: Governments need to work with tech companies to develop regulations that ensure the responsible development and deployment of AI systems.
    • Balanced regulations: The regulation needs to be adaptive, flexible and balance between the benefits and risks of AI technology. This way, AI technology can be developed while taking into account societal concerns.
    • Privacy Concerns and responsible usage: AI-based systems, such as facial recognition technology, raise concerns related to privacy and surveillance. Governments need to develop regulations that protect citizen privacy and ensure that data is collected and used in a responsible way.
    • Risk assessment: Risk assessment could help in determining the risks of AI-based systems and developing regulations that address those risks.
    • For instance: Europe’s risk assessment approach may serve as a useful model for India to develop such regulations.

    Competition and Monopolization

    • AI powered checks and balance: The dominance of Big Tech in the tech landscape raises concerns of monopolization and the potential for deepening their control over the market. However, the presence of multiple players in the AI field generates checks and balances of its own.
    • Healthy market for AI technology: The development of new players and competitors can promote innovation and ensure a healthy market for AI technology.

    AI

    Conclusion

    • AI technology holds immense potential, but its risks need to be mitigated, and its development and deployment need to be carried out responsibly. Governments must work towards developing regulations that ensure that AI technology benefits society, while addressing concerns related to privacy, competition, and job losses. Responsible development and deployment of AI technology can lead to a brighter future for all.

    Mains Question

    Q. AI has limitless potential in various fields. In this light of this statement enumerate some of its key revolutionary applications in various fields and discuss challenges and associated risks of deploying AI in various fields.

  • Online Dispute Resolution (ODR): Bus to Become An Arbitration Hub

    Online

    Central Idea

    • India can still become a leader in dispute resolution despite missing the opportunity to establish itself as an arbitration hub. The use of Online Dispute Resolution (ODR) can enable India to enhance its ease of doing business and become a more preferred destination for dispute resolution.

    India’s shortcomings in arbitration

    • India’s low rank in the ‘Enforcing Contracts’ category in the World Bank’s Ease of Doing Business report, which indicates the difficulties in enforcing contracts in India.
    • Although India has taken steps to improve its arbitration laws and regulations, it is not yet a preferred destination for arbitration.

    India’s strengths in technology

    • India’s has demonstrated its strengths in technology, especially in the field of ODR.
    • India has a unique advantage in this area due to the widespread adoption of online technology during the COVID-19 pandemic, which saw the judiciary lead the way in online hearings.

    What is Online Dispute Resolution (ODR)?

    • ODR is a method of resolving disputes through the use of digital technology and the internet, without the need for physical presence in a traditional courtroom setting.
    • It involves the use of various tools and platforms such as video conferencing, case management systems, digital signatures, and even advanced technologies such as blockchain, artificial intelligence, and machine learning to resolve disputes.
    • ODR offers many advantages over traditional methods of dispute resolution, such as reduced burden on courts, time and cost savings, and increased accessibility to dispute resolution services for parties located in different geographical locations.
    • ODR is becoming increasingly popular around the world, particularly in the wake of the COVID-19 pandemic which has made physical hearings and meetings difficult or impossible in many cases.

    Advantages of Online Dispute Resolution (ODR) in India

    • Convenience: ODR provides a convenient way for parties to resolve disputes without the need to physically travel to a court or other dispute resolution center. This can save time and money, especially in cases where parties are located in different parts of the country.
    • Efficiency: ODR can help to streamline the dispute resolution process by providing tools such as case management systems, automated case flows, and digital signatures and stamping. This can help to reduce the time and costs associated with traditional dispute resolution methods.
    • Accessibility: ODR can make dispute resolution more accessible to individuals and businesses, especially those who may not have the resources to pursue traditional legal remedies.
    • Expertise: ODR platforms can provide access to experts in specific fields, such as intellectual property, international trade, or e-commerce, which can be especially useful in resolving disputes that involve complex legal issues.
    • Confidentiality: ODR can provide a confidential environment for parties to resolve disputes, which can be especially important in cases where sensitive business information is involved.
    • Flexibility: ODR can be tailored to the specific needs of the parties and the dispute, providing a more flexible and adaptable approach to dispute resolution than traditional legal methods.

    Opportunities for ODR in India

    • ORD already in use: Private platforms in India are already resolving lakhs of disputes through ODR and that many corporates have migrated to ODR to resolve small-value disputes.
    • Look beyond the conventional tools: The ODR can be used for more than just audio/video conferencing and can encompass tools such as multi-channel communication, case management systems, automated case flows, digital signatures and stamping, and even advanced technologies such as blockchain, natural language processing, artificial intelligence, and machine learning.

    Measures to promote ODR

    Three key measures that can be taken to promote ODR in India are as follows:

    1. Incentivizing the use of ODR: Incentivizing the use of ODR through legislative measures such as setting ODR as a default dispute resolution tool for online transactions, fast-tracking enforcement of ODR outcomes, and exempting or reducing stamp duty and court fees.
    2. Solving infrastructure challenges: Solving infrastructural challenges and optimizing existing setups such as Aadhaar kendras to also function as ODR kiosks. Each court can have an ODR cell along with supplemental technical and administrative support.
    3. Proactive use of ODR by government: Government departments should explore ODR as a grievance redress mechanism. Proactive use of ODR by government entities will not only increase trust in the process but also ensure that citizens have access to a convenient and cost-effective means of resolving disputes with the government.

    Conclusion

    • The ODR has the potential to ensure justice for all, at everyone’s fingertips. While India may have missed the bus to become an arbitration hub, it can still catch up and overtake other countries in ODR.

    Mains Question

    Q. What is Online Dispute Resolution (ODR)? Discuss the advantages of ODR in India and suggest measures that can be taken to promote its use.

  • UGC releases National Credit Framework (NCrF)

    The University Grants Commission (UGC) released the National Credit Framework (NCrF), which will allow students to earn educational credits at all levels, irrespective of the mode of learning i.e. offline, online, or blended.

    What is National Credit Framework (NCrF)?

    • The NCrF is a meta-framework that integrates the credits earned through school education, higher education, and vocational and skill education.
    • It consists of three verticals:
    1. National School Education Qualification Framework (NSEQF)
    2. National Higher Education Qualification Framework (NHEQF) and
    3. National Skills Qualification Framework (NSQF)
    • The NCrF provides a mechanism for the integration of general academic education and vocational and skill education, ensuring equivalence within and between these two education streams.
    • Institutions would be free to notify their detailed implementation guidelines with flexibility for catering to their academic requirements.

    Key features

    (1) Credit System

    • Under the NCrF, one credit corresponds to 30 notional learning hours in a year of two semesters.
    • A student is required to earn a minimum of 20 credits every semester.
    • A student can earn more than 40 credits in a year.
    • Maximum credits a student can earn during schooling period is 160.
    • A three-year bachelor’s degree course will result in a total of 120 credits earned.
    • A Ph.D. degree is at Level 8 and earns 320 credits upon completion.

    (2) Study of Vedas:  Students can obtain credits for their proficiency in diverse areas of the Indian knowledge system, including the Puranas, Vedas, and other related components.

    (3) Indian Knowledge System (IKS): UGC notified the final report, which includes the components of the IKS. The IKS comprises 18 theoretical disciplines called vidyas and 64 practical disciplines, including vocational areas and crafts. These disciplines were the foundation of the 18 sciences in ancient India, as per the report.

    (4) Educational Acceleration: The NCrF supports educational acceleration for students with gifted learning abilities. It provides scope for crediting national/international achievers in any field, including but not limited to sports, Indian knowledge system, music, heritage, traditional skills, performing & fine arts, master artisans, etc.

    (5) International Equivalence: The international equivalence and transfer of credits shall be enabled through various multilateral/bilateral agreements between respective regulators of the countries concerned. NCrF would lend credibility and authenticity to the credits being assigned and earned under various programs in India, making these credits more acceptable and transferable internationally.

     

     

  • Data Protection Bill in Monsoon Session

     

    data

     

    The Union government informed the Supreme Court that a new law, namely the Digital Personal Data Protection Bill, 2022, to enforce individual privacy in online space was “ready”.

    Legislation on ‘Data’: A Backgrounder

    • The personal data protection bill has been in the works for about five years.
    • The first draft of the Bill was presented by an expert panel headed by Justice B.N. Srikrishna in July 2018, after a year-long consultation process.

    Timeline of key events

    data

     

     

    • July 2018: After a year of consultations and deliberations, the PDP Bill, 2018, drafted by an expert committee headed by Justice BN Srikrishna, is presented to MeitY. Subsequently, MeitY begins drafting the next iteration of the Bill.
    • December 2019: The PDP Bill, 2019, prepared by MeitY, is referred to a Joint Parliamentary Committee (JPC) for review.
    • December 2021: After multiple extensions, and a leadership change, JPC Chairperson tabled the report of the JPC on the PDP Bill, 2019, as well as the draft Data Protection Bill 2021, in the parliament.
    • August 2022: On August 3 this year, MeitY withdrew the 2021 Bill, stating that a more “comprehensive legal framework” will be presented soon.

    DPDP Bill, 2022 is based on seven principles

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

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

    Key features of the bill

    (1) Data Principal and Data Fiduciary

    • The bill uses the term “Data Principal” to denote the individual whose data is being collected.
    • The term “Data Fiduciary” the entity (can be an individual, company, firm, state etc.), which decides the “purpose and means of the processing of an individual’s personal data.”
    • The law also makes a recognition that in the case of children –defined as all users under the age of 18— their parents or lawful guardians will be considered their ‘Data Principals.’

    (2) Defining personal data and its processing

    • Under the law, personal data is “any data by which or in relation to which an individual can be identified.”
    • Processing means “the entire cycle of operations that can be carried out in respect of personal data.”
    • So right from collection to storage of data would come under processing of data as per the bill.

    (3) Individual’s informed consent

    • The bill also makes it clear that individual needs to give consent before their data is processed.
    • Every individual should know what items of personal data a Data Fiduciary wants to collect and the purpose of such collection and further processing.
    • Individuals also have the right to withdraw consent from a Data Fiduciary.
    • The bill also gives consumers the right to file a complaint against a ‘Data Fiduciary’ with the Data Protection Board in case they do not get a satisfactory response from the company.

    (4) Language of information

    • The bill also ensures that individuals should be able to “access basic information” in languages specified in the eighth schedule of the Indian Constitution.
    • Further, the notice of data collection needs to be in clear and easy-to-understand language.

    (5) Significant Data Fiduciaries

    • The bill also talks of ‘Significant Data Fiduciaries, who deal with a high volume of personal data.
    • The Central government will define who is designated under this category based on a number of factors ranging from the volume of personal data processed to the risk of harm to the potential impact on the sovereignty and integrity of India.

    (6) Data protection officer & Data auditor

    • Such entities will have to appoint a ‘Data protection officer’ who will represent them.
    • They will be the point of contact for grievance redressal.
    • They will also have to appoint an independent Data auditor who shall evaluate their compliance with the act.

    (7) Right to erase data, right to nominate

    • Data principals will have the right to demand the erasure and correction of data collected by the data fiduciary.
    • They will also have the right to nominate an individual who will exercise these rights in the event of death or incapacity of the data principal.

    (8) Cross-border data transfer

    • The bill also allows for cross-border storage and transfer of data to “certain notified countries and territories.”
    • However an assessment of relevant factors by the Central Government would precede such a notification.

    (9) Financial penalties

    • The draft also proposes to impose significant penalties on businesses that undergo data breaches or fail to notify users when breaches happen.
    • Entities that fail to take “reasonable security safeguards” to prevent personal data breaches will be fined as high as Rs 250 crore.
    • As per the draft, the Data Protection Board — a new regulatory body to be set up by the government — can impose a penalty of up to â‚č500 crore if non-compliance by a person is found to be significant.

    What distinguishes this bill from its earlier versions?

    • Gender neutrality:  Significantly, and for the first time in the country’s legislative history, the terms ‘her’ and ‘she’ have been used irrespective of an individual’s gender. This, as per the draft, is in line with the government’s philosophy of empowering women.
    • Imbibes best global practices: To prepare it, best global practices were considered, including review of data protection legislations of Australia, European Union (EU), Singapore, and a prospective one of the USA.
    • Comprehensiveness: The draft has outlined six ‘Chapters’ and a total of twenty-five points. The ‘Chapters’ are: ‘Preliminary,’ ‘Obligations of Data Fiduciary,’ ‘Rights and Duties of Data Principal,’ ‘Special Provisions,’ ‘Compliance Framework,’ and ‘Miscellaneous.’
    • Special emphasis for child protection: If personal data is likely to cause harm to a child, its processing will not be allowed.

    Hits of the bills

    • Widening the scope of data: Narrowing the scope of the data protection regime to personal data protection is a welcome move, as it resonates with the concerns of various stakeholders.
    • Harnessing economic potential: Now non-personal data could be used to unlock social and economic value to benefit citizens, businesses, and communities in India with appropriate safeguards in place.
    • Doing away with aggressive push for Data localisation:  Relaxing data localisation provisions to notify countries to which data can flow, could aid India in unlocking the comparative advantage of accessing innovative technological solutions from across the globe, which in turn helps domestic companies.
    • Free flow of data: In addition, the free flow of data will help startups access cost-effective technology and storage solutions, as our research shows.
    • Allowing data transfers: This will also ensure that India is not isolated from the global value chain, helping businesses stay resilient in production and supply chain management and fostering overseas collaboration.

    Some criticisms of the bill

    • Wordplay: There had been use of open-ended language such as “as necessary” or “as may be prescribed”.
    • Govt monopoly: The Bill did not seem to work towards protecting people, but ensures that the government retains all power without any checks or balances.
    • Exemption provisions: The government has been given the power to exempt not only government agencies but any entity that is collecting user data, from having to comply with the provisions of this bill when it is signed into law.
    • No protection against data breach: The Executive in India has a track record of exploiting to expand its powers. There is no right for compensation to individuals in case of a data breach. They have no right to data portability.

    Conclusion

    • Crafting such crucial legislation is no mean task. It may require some more trial and error to succeed.
    • Definitely, it will involve some time and deliberation to arrive at a comprehensive legal framework.

     

     

  • Fake News: Addition of The Provision In Intermediary Guidelines

    Fake News

    Central Idea

    • The addition of the fake news provision in the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (Intermediary Guidelines) must be seen in the context of protecting fundamental rights while combatting fake news. The recent addition by the central government clearly militates against settled law and the Constitution.

    What is mean by Fake news?

    • Fake news refers to intentionally fabricated or misleading information presented as if it were real news. It can be spread through traditional media sources like newspapers or television, but it is more commonly associated with social media platforms and other online sources.
    • Fake news can range from completely made-up stories to misleading headlines and selectively edited or out-of-context information designed to deceive readers.
    • It is often used for political purposes, to manipulate public opinion or to spread misinformation about individuals, organizations or events.

    Fake News

    Existing Provisions to Combat Fake News

    • Intermediary Guidelines of 2021: The most preferred democratic process to combat the threats and impact of fake news on a polity would be through Parliament-enacted laws. India opted for the speedier alternative of an addition to the Intermediary Guidelines of 2021 (as amended), through Rule 3(1)(v).
    • Can not disseminate misleading content: Under this rule, intermediaries including social media platforms have to ensure that users do not disseminate content that deceives or misleads on the origin or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact.

    Remedies Available

    • Complaints and grievance: Any complaints from users, government, or court have to be actioned by the grievance officer of an intermediary, including social media platforms, within 15 days. This timeframe for actioning a complaint for complaints of false or misleading news is reduced to 72 hours.
    • Resolution: The next step for resolution is provided through the Grievance Appellate Committees, which the government recently announced appointments for.
    • Other actions: These remedies are independent of and in addition to the remedies available in law for a government agency to seek takedowns or blocking, as per due process or for courts to decide thereon.

    Fake News

    Critique of the Addition

    • Provisions already exists: The recent addition of a separate category for restraint on dissemination by users of content in respect of any business of the Central Government is unwarranted as provisions already exist. The restraint is on users and not intermediaries, as misconceived by many. The onus on intermediaries is only of reasonable effort.
    • No transparency: With merely a central government-authorised fact check unit saying so, content could be classified as fake, false or misleading and a takedown and action necessitated, without even a semblance of due process.
    • No legitimacy: In the present instance, there is an absolute absence of legitimate aim for this additional restriction on users and an abject lack of procedures that would assure due process.

    Reaffirming the Need for Legitimacy

    • The recent addition clearly militates against settled law and the Constitution: The Supreme Court in Puttaswamy judgment reaffirmed the need for legitimacy, supported by parliament enacted laws, which are proportionate to meet the test of constitutionality.
    • Media One case: Supreme Court’s recent judgment in the Media One case (Madhyamam Broadcasting Limited v. Union of India, April 5, 2023) reiterates that any law or regulation inconsistent with fundamental rights is void. This judgment also reaffirms the four principles that will decide the constitutionality of a law or regulation: (i) unreasonableness or irrationality; (ii) illegality; and (iii) procedural impropriety.

    Fake News

    Some of the dangers of fake news

    • Inciting communal violence: In India, fake news has been known to incite communal violence. For instance, the spread of fake news on social media was one of the factors behind the Muzaffarnagar riots of 2013.
    • Undermining public trust: Fake news can undermine public trust in institutions and the media. This can have serious consequences for democracy and social cohesion.
    • Impact on health: Fake news about health issues can have serious consequences. For example, during the COVID-19 pandemic, fake news about remedies and cures for the disease led to people consuming dangerous substances.
    • Misinformation during elections: Fake news can also be used to spread misinformation during elections, which can influence voters and distort the democratic process.
    • Economic harm: Fake news can cause economic harm by spreading false information about businesses, leading to loss of investor confidence and financial losses.
    • Spreading rumors: Fake news can also be used to spread rumors about individuals, which can have serious consequences, such as the recent case of fake news leading to the lynching of two men in Assam.

    Conclusion

    • The recent addition is unsustainable and unwarranted as provisions already exist. The fight should be for the protection of fundamental rights that are essential to our very existence.

  • Healthcare: Need For Compassionate Leadership

    Central Idea

    • India’s rapid strides in health and healthcare with the help of a digital boom and the Ayushman Bharat Digital Mission, and the need for compassionate leadership to ensure respectful healthcare.

    India’s healthcare sector

    • India’s healthcare sector has shown improvement in multiple metrics due to the push for healthcare digitization, infrastructure, coverage, and other inputs.
    • However, healthcare is not just about the treatment of diseases or the availability of infrastructure but also about the overall wellness of the person.
    • Respectful healthcare that is available, affordable, accessible, and compassionate is a determinant of the quality of care.

    Importance of Compassionate leadership

    • Respectful and compassionate healthcare is essential: Healthcare is a perpetually evolving, stressful, and high-risk industry that puts a vast burden on healthcare providers. It is essential to navigate and manage the situation compassionately to deliver respectful care.
    • Compassion is a beating heart if healthcare: Compassionate leadership is required to build this type of healthcare system, as it is the quiet, beating heart of the entire healthcare system.

    Curriculum for compassionate healthcare

    • Compassionate curriculum is very necessary: To integrate compassion into the healthcare system at every stage, it is necessary to build a curriculum and deliver it to those responsible for administering healthcare respectfully.
    • Curriculum with Dalai Lama’s vision rolled out in Bihar: An eight-stage curriculum, developed by Emory University, that furthers the Dalai Lama’s vision of educating both heart and mind for the greater good of humanity is being rolled out in Bihar.
    • Impact: To date, 1,200 healthcare providers across 20 districts have been impacted by the vital components of the cognitive-based compassion training, creating compassionate leaders at every level.

    Institutionalizing compassionate healthcare

    • Institutionalizing will bring in real change: While the curriculum is a quantum leap towards building compassionate leadership, institutionalizing it will bring in real change.
    • Adopting at each level: Every academic institution and every department mandated with the responsibility to deliver health-related learning should develop and adopt compassion-based curricula.
    • Building capacity: State and regional health institutions must also be built with the capacity to deliver compassionate leadership. Partnerships with established academia and development sector organizations can enable the organizing of master coaches and master facilitators, thereby creating public goods that can be delivered by all.

    Strengthening internal systems

    • Making compassion intrinsic to the ethos: All healthcare providers are expected to carry out a wide range of tasks within the system, which often leads to burnout and impacts patient experience adversely. It is vital to strengthen systems internally to make respect and compassion intrinsic to the ethos.
    • Building a network: Building a network of compassionate practitioners in every state, district and block hospital is crucial to fan the winds of change by starting with self-compassion first and then moving to compassion for others.
    • Valuing and measuring organizational culture: Valuing and measuring organizational culture is just as critical as patient outcomes. Developing sound metrics to measure culture and employee satisfaction, self-compassion, and compassion for the team assumes greater significance to building an institution whose foundation is compassion.

    Conclusion

    • Respectful healthcare is already mentioned in the National Health Mission (NHM) guidelines, and such guidelines need to be the warp and weft of every policy and every guideline developed by public health authorities to improve patient experience. Compassionate leadership can truly realize India’s historically known values of compassion and bring alive the words of Hippocrates, the father of medicine, “Wherever the art of medicine is loved, there is also a love of humanity”.

  • Himachal Pradesh considering legalizing Cannabis Cultivation

    ganja

    Himachal Pradesh CM has announced that the state government is considering legalizing the cultivation of cannabis.

    What is Cannabis?

    • Cannabis, also known as marijuana among other names, is a psychoactive drug from the Cannabis plant used primarily for medical or recreational purposes.
    • The main psychoactive component of cannabis is tetrahydrocannabinol (THC), which is one of the 483 known compounds in the plant, including at least 65 other cannabinoids, including cannabidiol (CBD).
    • It is used by smoking, vaporizing, within the food, or as an extract.

    Prospects of legalizing Marijuana

    (1) Health benefits

    • The cannabinoids found in Cannabis is a great healer and has found mentioned in Ayurveda.
    • It can be used to treat a number of medical conditions like multiple sclerosis, arthritis, epilepsy, insomnia, HIV/AIDS treatment, and cancer.

    (2) Ecological benefits

    • The cannabis plant and seeds apart from being labelled a ‘super-foods’ as per studies is also a super-industrial carbon-negative raw material.
    • Each part of the plant can be used for some industry. Hemp currently is also being used to make bio-fuel, bio-plastics and even construction material in certain countries. The cosmetic industry has also embraced Hemp seeds.

    (3) Marijuana is addiction-free

    • An epidemiological study showed that only 9%  of those who use marijuana end up being clinically dependent on it.
    • The ‘comparable rates’ for tobacco, alcohol and cocaine stood at 32%, 15% and 16% respectively.

    (4) Good source of Revenue

    • By legalizing and taxing marijuana, the government will stand to earn huge amounts of revenue that will otherwise go to the Italian and Israeli drug cartels.
    • In an open letter to US President George Bush, around 500 economists, led by Nobel Prize winner Milton Friedman, called for marijuana to be “legal but taxed and regulated like other goods”.

    (5) A potential cash crop

    • The cannabis plant is something natural to India, especially the northern hilly regions. It has the potential of becoming a cash crop for poor marginal farmers.
    • If proper research is done and the cultivation of marijuana encouraged at an official level, it can gradually become a source of income for poor people with small landholdings.

    (6) Prohibition was ineffective

    • In India, the consumption of synthetic drugs like cocaine has increased since marijuana was banned, while it has decreased in the US since it was legalized in certain states.
    • Moreover, these days, it is pretty easy to buy marijuana in India and its consumption is widespread among the youth. So it is fair to say that prohibition has failed to curb the ‘problem’.

    (7) Marijuana is less harmful

    • Marijuana consumption was never regarded as a socially deviant behaviour any more than drinking alcohol was. In fact, keeping it legal was considered as an ‘enlightened view’.
    • It is now medically proven that marijuana is less harmful than alcohol.

    Risks of Legalizing Cannabis

    (1) Health risks continue to persist

    • There are many misconceptions about cannabis. First, it is not accurate that cannabis is harmless.
    • Its immediate effects include impairments in memory and in mental processes, including ones that are critical for driving.
    • Long-term use of cannabis may lead to the development of addiction of the substance, persistent cognitive deficits, and of mental health problems like schizophrenia, depression and anxiety.
    • Exposure to cannabis in adolescence can alter brain development.

    (2) A new ‘tobacco’ under casualization

    • A second myth is that if cannabis is legalized and regulated, its harms can be minimized.
    • With legalization comes commercialization. Cannabis is often incorrectly advertised as being “natural” and “healthier than alcohol and tobacco”.
    • Tobacco, too, was initially touted as a natural and harmless plant that had been “safely” used in religious ceremonies for centuries.

    (3) Unconvincing Advocacy

    • Advocates for legalization rarely make a convincing case. To hear some supporters tell it, the drug cures all diseases while promoting creativity, open-mindedness, moral progression.
    • Too much trivialization of Cannabis use could lead to its mass cultivation and a silent economy wreaking havoc through a new culture of substance abuse in India.

    Legalization status elsewhere in India

    • Several states in India have already legalized cannabis cultivation, including neighboring Uttarakhand, which became the first state in the country to do so in 2017.
    • Controlled cultivation is being done in some districts of Gujarat, Madhya Pradesh, and Uttar Pradesh.

    Legal Framework for Cannabis Cultivation

    • Definition of Cannabis: The Parliament has defined cannabis in the Narcotic Drugs and Psychotropic Substances Act (NDPS), 1985.
    • Ban on extracting resin and flowers: While a complete ban has been imposed on extracting the resin and flowers of the cannabis plant, the law determines the method and extent of cultivation of cannabis for medicinal and scientific purposes.
    • Authorities to States: Section 10 (a) (iii) of the Act empowers States to make rules regarding the cultivation of any cannabis plant, production, possession, transport, consumption, use, purchase, sale, and consumption of cannabis (except charas).
    • Cultivation of hemp: States are also empowered to permit, by general or special order, the cultivation of hemp, only for obtaining fibber or seeds or for horticultural purposes.

    What next?

    • The government will consider all aspects, including regulatory measures, and study the models followed by other States that have legalized cannabis cultivation, before taking the final call.
    • Highlighted that the government is cautious about the potential increase in drug use, and will make a decision only after a thorough study by the committee.

  • Mera Gaon Meri Dharohar Program

    mera gaon

    Central idea: The government has identified and documented the unique cultural heritage of more than one lakh villages across the country under the National Mission for Cultural Mapping’s Mera Gaon Meri Dharohar programme.

    Mera Gaon Meri Dharohar

    • The National Mission for Cultural Mapping aims to develop a comprehensive database of art forms, artists, and other resources across the country.
    • The programme was launched by the Culture Ministry in 2017 but was handed over to the Indira Gandhi National Centre for Arts (IGNCA) in 2021.
    • The programme aims to cover all the 6.5 lakh villages in the country.

    Why such a program?

    • The program seeks to document the cultural identity at the village level by involving citizens to share what makes their village, block, or district unique.
    • The villages have been classified into seven-eight categories based on ecological, developmental, scholastic, historical, and mythological importance.
    • The mapping aims to develop a comprehensive database of art forms, artists, and other resources across the country.

    Survey process

    • The survey process involves a CSC Village Level Entrepreneur (VLE) conducting meetings with locals and then uploading interesting facts about their village, its places of interest, customs and traditions, famous personalities, festivals and beliefs, art and culture, etc., on to a special application.
    • The IGNCA plans to create special films on 6,500 village clusters showcasing their unique heritage.
    • Short films have been made on 750 cluster villages, which have been shot using drones, and the VLEs would upload these videos on the application as well.