Note4Students
From UPSC perspective, the following things are important :
Prelims level : Digital India Bill
Mains level : Read the attached story
Central Idea
- The Digital India Bill, a comprehensive overhaul of Internet laws, will be unveiled in June 2023. This bill represents a significant update since the Information Technology Act of 2000.
What is the Digital India Bill?
- DIA will consist of 4 parts:
- Digital Personal Data Protection Bill,
- DIA rules,
- National Data Governance Policy, and
- Indian Penal Code amendments
Need for such legislation
- India has 850 million internet users, making it the world’s largest “digitally connected democracy.”
- The IT Act, created for the pre-digital era, lacks provisions for user rights, trust, safety, and modern cyber threats.
- Growing cyber crimes, disinformation, and privacy concerns necessitate an updated legislation.
Goals of the Digital India Bill
- Evolvable digital law: Flexible rules adaptable to changing technological trends.
- Adjudicatory mechanism: Accessible mechanism for resolving online civil and criminal offenses.
- Principles and rules-based approach: A legislative framework based on overarching governing principles.
Key components of the DIA
- Open Internet: Promotes choice, competition, diversity, fair market access, and ease of doing business, preventing the concentration of power.
- Online Safety and Trust: Safeguards users against cyber threats, revenge porn, defamation, cyberbullying, and moderates fake news. Advocates for digital rights and protects minors.
- KYC Requirements: Mandates Know Your Customer (KYC) for privacy-invading devices like spy camera glasses.
- Monetization Rules: Overhauls rules for platform and user-generated content to align with the DIA.
Key feature: Reconsideration of Safe Harbour
- The government is reconsidering a key aspect of cyberspace — ‘safe harbour’.
- Safe harbour is the principle that so-called ‘intermediaries’ on the internet are not responsible for what third parties post on their website.
- This is the principle that allows social media platforms to avoid liability for posts made by users.
- Safe harbour has been reined in in recent years by regulations like the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which require platforms to take down posts when ordered to do so by the government, or when required by law.
Way Forward
- The detailed timeline is undisclosed, but the government aims to conduct a comparative study of global laws and consult with experts, industry, the public, and relevant forums.
- The draft Bill will undergo consultation, followed by a draft Cabinet note before the final version is released.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level : NA
Mains level : National Medical Devices Policy, 2023

Central idea: The Union Cabinet, chaired by Hon’ble Prime Minister, approved the National Medical Devices Policy, 2023.
National Medical Devices Policy, 2023
- The Policy, 2023 aims to facilitate an orderly growth of the medical device sector to meet the public health objectives of access, affordability, quality, and innovation.
- The policy lays down a roadmap for accelerated growth of the medical devices sector to achieve various missions.
Objectives
- The policy aims to make the industry competitive, self-reliant, resilient, and innovative.
- It focuses on meeting the healthcare needs of not only India but also the world.
- It aims to accelerate the growth of the medical devices sector.
- It takes a patient-centric approach to meet the evolving healthcare needs of patients.
- It provides support and directions to the medical devices industry to achieve these goals.
Strategies to Promote Medical Device Sector
The medical devices sector will be facilitated and guided through a set of strategies that cover six broad areas of policy interventions:
|
Key measures and actions
|
1. Regulatory Streamlining |
Enhance ease of doing research and business, balance patient safety with product innovation, create a Single Window Clearance System for licensing of medical devices, enhance the role of Indian Standards like BIS, and design a coherent pricing regulation. |
2. Enabling Infrastructure |
Establish and strengthen large medical device parks and clusters equipped with world-class common infrastructure facilities in proximity to economic zones with requisite logistics connectivity. |
3. Facilitating R&D and Innovation |
Promote research and development in India, establish centres of excellence in academic and research institutions, innovation hubs, and support for startups. |
4. Attracting Investments in the Sector |
Encourage private investments, funding from venture capitalists, and public-private partnerships, in addition to existing schemes and interventions like Make in India, Ayushman Bharat program, Heal-in-India, and Start-up mission. |
5. Human Resources Development |
Ensure a steady supply of skilled workforce across the value chain by leveraging available resources in the Ministry of Skill Development and Entrepreneurship, supporting dedicated multidisciplinary courses for medical devices in existing institutions, and developing partnerships with foreign academic/industry organizations to develop medical technologies. |
6. Brand Positioning and Awareness Creation |
Create a dedicated Export Promotion Council for the sector under the Department, initiate studies and projects for learning from best global practices of manufacturing and skilling system, promote more forums to bring together various stakeholders for sharing knowledge, and build strong networks across the sector. |
Medical devices sector in India: A quick recap
- The medical devices sector in India is an essential and integral part of the Indian healthcare sector.
- The sector has contributed significantly to the domestic and global battle against the COVID-19 pandemic through the large-scale production of medical devices & diagnostic kits.
Growth potential in India
- The market size of the medical devices sector in India is estimated to be $11 billion (approximately, ₹ 90,000 Cr) in 2020, and its share in the global medical device market is estimated to be 1.5%.
- The Indian medical devices sector has enormous potential to become self-reliant and contribute towards the goal of universal health care.
Current initiatives in this sector
- The Government of India has initiated the implementation of the PLI Scheme for medical devices.
- It supports for setting up of four Medical devices Parks in the States of Himachal Pradesh, Madhya Pradesh, Tamil Nadu, and Uttar Pradesh.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level : Read the attached story
Mains level : Data Privacy and Protection

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

- 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 ₹500 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.

Note4Students
From UPSC perspective, the following things are important :
Prelims level : NA
Mains level : Geo-heritage conservation in India
The draft Geo-heritage Sites and Geo-relics (Preservation and Maintenance) Bill, 2022, aimed at protecting India’s geological heritage that includes fossils, sedimentary rocks, natural structures, has raised alarm in India’s geo-sciences and palaeontology community.
Geo-heritage Sites and Geo-relics Bill, 2022
Objectives
- Protect and preserve the geo-heritage sites and geo-relics of national importance in India.
- Empower the central government to identify, declare, acquire, preserve, and maintain geo-heritage sites and geo-relics.
- Ensure that the valuable geological specimens and formations are not damaged or destroyed by human activity or natural disasters.
- Promote research, education, and awareness about the significance and value of geo-heritage sites and geo-relics.
- Provide a legal framework for the protection and management of geo-heritage sites and geo-relics, to ensure their long-term preservation and maintenance.
Key Features
- Declaration of geoheritage sites: The central government may declare a site as a geoheritage site of national importance. Geoheritage sites must contain features of geological significance, such as geo-relics or natural rock sculptures. Geo-relics are movable relics such as fossils or meteorites.
- Protection of geoheritage sites: The draft Bill empowers the central government to acquire, preserve, and maintain geoheritage sites. The Director General of the Geological Survey of India will be given powers for this purpose, such as surveying and excavation. Construction on these sites will be prohibited. However, it may be authorised by the Director General to preserve the site or to repair a structure that predates the declaration of the site.
- Protection of geo-relics: The central government may declare that a geo-relic cannot be moved from its site, by notification, unless permitted by the Director General. The Director General may direct the acquisition of a geo-relic to protect it.
- Offences and penalties: Offences under the Bill include (i) destruction or misuse of a geoheritage site, (ii) illegal construction, and (iii) damaging or illegally moving a geo-relic. These offences are punishable with a fine of up to five lakh rupees or imprisonment of up to six months, or both.
Issues raised with this legislation
- Narrow definition of “geo-relics”: The bill defines “geo-relics” as movable geological specimens, but does not include other important geological features, such as geological formations or landscapes.
- No academic participation: The bill gives exclusive powers to the Geological Survey of India (GSI) for identifying, declaring, acquiring, preserving, and maintaining geo-heritage sites and geo-relics, without any role for state geological departments or universities.
- Excessive powers vested to GSI: Experts have criticized the draft bill for vesting exclusive powers in the GSI, without any role for state geological departments or universities. The GSI will be responsible for identifying, declaring, acquiring, preserving, and maintaining geo-heritage sites and geo-relics.
- Lack of public participation: The bill has been criticized for lacking any legal framework for the involvement of local communities or civil society organizations in the protection and management of geo-heritage sites.
- Lacks transparency: The bill has been criticized for lacking transparency and public consultation, with some experts suggesting that it should be redrafted to ensure a more participatory and inclusive approach to the protection and management of geo-heritage sites.
Way forward
- Inclusion of state geological departments and universities: The bill should include the participation of state geological departments and universities in the identification, declaration, acquisition, preservation, and maintenance of geo-heritage sites and geo-relics.
- Public participation: The bill should be amended to include a legal framework for the participation of local communities and civil society organizations in the protection and management of geo-heritage sites.
- Accountability and oversight: The bill should be revised to include provisions for greater accountability and oversight of the GSI, to ensure that its powers are not misused or abused.
- Expanded definition of “geo-relics”: The bill should be amended to include a broader definition of “geo-relics” that encompasses a wider range of important geological features.
- Wider consultation: The drafting and implementation of the bill should be made more transparent and inclusive, with greater consultation with all stakeholders to ensure that their interests are adequately represented.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level : CITES, WPA Act
Mains level : Read the attached story

The Rajya Sabha has passed the Wildlife (Protection) Amendment Bill, 2022.
Wildlife (Protection) Amendment Bill, 2022
- The Bill amends the Wild Life (Protection) Act, 1972 by increasing the species protected under the law.
- There are 50 amendments to the Act proposed in the Bill.
- Substituting the definition of ‘Tiger and other Endangered Species’ to ‘Wild Life’, this Bill includes flora, fauna and aqua under its protection.
- The Bill also regulates wild life trade as per the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
Key propositions
(1) Implementing CITES
- The Bill aims to implement CITES — which was signed in Washington D.C. on March 3, 1973, and later amended in 1979 — to trade plant and animal specimens with other governments.
- Regulating the possession of specimens, the Bill defines ‘specimen’ as any animal or plant (dead or alive).
- It also constitutes a Management authority which will issue permits for the trade of scheduled specimens in accordance with CITES.
- The Centre can designate a management authority to grant export or import permits for the trade of specimens and a scientific authority to give advice on the trade impact on the survival of the specimens, as per the Bill.
(2) Classification of specimens
- Classifying animals into two specially protected schedules, the Bill prohibits their trade by anyone, barring certain exceptions.
- The Bill removes the present schedule for vermin species and inserts a new schedule for specimens listed for extinction under CITES.
- The Bill also lists 131 mammals, 112 birds, 43 birds, 26 fishes, 63 insects, 388 corals under schedule I and 41 mammals, 864 birds, 12 reptiles, 58 insects, molluscs, and sponges under schedule II.
- A separate schedule for plants is also listed.
(3) Prohibitions
- The Bill seeks to empower the Centre to regulate or prohibit the import, trade, possession or proliferation of plant or animal species not native to India – invasive alien species.
- Apart from states, the Centre too can notify a conservation reserve — an area adjacent to national parks and sanctuaries.
- Any person can voluntarily surrender any captive animals or animal products to the Chief Wild Life Warden (an appointee of state governments).
- However, no compensation will be paid to the person for it and the surrendered items become the property of the state government.
- Under the Bill, the fine for General violation is up to Rs 1,00,000 and for specially protected animals is at least Rs 25,000.
Concerns raised
(1) Elephants transportation
- The amendment has given huge discretion for the transportation of live elephants and expressed concern on protecting the animal.
- The elephant is a national heritage animal for India.
- The Standing Committee accepted the religious significance of the elephant, but the Minister has also included the words ‘any other purpose’
(2) Vermins
- The damage to the national economy due to crop depredation by wild animals has never been computed.
- Since 1972, the WLPA has identified a few species — fruit bats, common crows and rats — as vermin.
- Killing animals outside this list was allowed under two circumstances:
- Under Section 62 of WLPA, given sufficient reasons, any species other than those accorded the highest legal protection (such as tigers and elephants but not wild boars or nilgais) can be declared vermin at a certain place for a certain time.
- Under Section 11 of WLPA, the chief wildlife warden of a state can allow the killing of an animal, irrespective of its status in the Schedules, if it becomes “dangerous to human life”.
- The issue of the declaration of Vermins has since entered the realm of centre-state politics.
Back2Basics: Wildlife (Protection) Act, 1972
- WPA provides for the protection of the country’s wild animals, birds and plant species, in order to ensure environmental and ecological security.
- It provides for the protection of a listed species of animals, birds and plants, and also for the establishment of a network of ecologically-important protected areas in the country.
- It provides for various types of protected areas such as Wildlife Sanctuaries, National Parks etc.
There are six schedules provided in the WPA for the protection of wildlife species which can be concisely summarized as under:
Schedule I: |
These species need rigorous protection and therefore, the harshest penalties for violation of the law are for species under this Schedule. |
Schedule II: |
Animals under this list are accorded high protection. They cannot be hunted except under threat to human life. |
Schedule III & IV: |
This list is for species that are not endangered. This includes protected species but the penalty for any violation is less compared to the first two schedules. |
Schedule V: |
This schedule contains animals which can be hunted. |
Schedule VI: |
This list contains plants that are forbidden from cultivation. |
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Note4Students
From UPSC perspective, the following things are important :
Prelims level : NA
Mains level : Read the attached story
The Ministry of New and Renewable Energy has introduced the Energy Conservation (Amendment) Bill in Rajya Sabha.
Highlights of the Bill
- The Bill amends the Energy Conservation Act, 2001 to empower the central government to specify a carbon credit trading scheme.
- Designated consumers may be required to meet a proportion of their energy needs from non-fossil sources.
Why was this Bill introduced?
- During the COP-26 summit in 2021, India made commitments relevant for energy efficiency efforts.
- Against this backdrop, the Energy Conservation (Amendment) Bill, 2022 was introduced in Lok Sabha in August 2022.
Key features of the bill
- Carbon credit trading:The Bill empowers the central government to specify a carbon credit trading scheme. Carbon credit implies a tradable permit to produce a specified amount of carbon dioxide or other greenhouse emissions.
- Obligation to use non-fossil sources of energy:The Act empowers the central government to specify energy consumption standards for designated consumers to meet a minimum share of energy consumption from non-fossil sources. Designated consumers include: (i) industries such as mining, steel, cement, textile, chemicals, and petrochemicals, (ii) transport sector including Railways, and (iii) commercial buildings, as specified in the schedule.
- Energy conservation code for buildings: The bill empowers the central government to specify norms for energy efficiency and conservation, use of renewable energy, and other requirements for green buildings. Under the Act, the energy conservation code applies to commercial buildings: (i) erected after the notification of the Code, and (ii) having a minimum connected load of 100 kilowatt (kW) or contract load of 120 kilo volt ampere (kVA).
- Standards for vehicles and vessels: Under the bill, the energy consumption standards may be specified for equipment and appliances which consume, generate, transmit, or supply energy. The Bill expands the scope to include vehicles (as defined under the Motor Vehicles Act, 1988), and vessels (includes ships and boats).
- Composition of the governing council of BEE: The Act provides for the setting up of the Bureau of Energy Efficiency (BEE). The Bureau has a governing council with members between 20 and 26 in number.
Concerns raised
- Carbon credit trading aims to reduce carbon emissions, and hence, address climate change. The question is whether the Ministry of Power is the appropriate Ministry to regulate this scheme.
- A further question is whether the market regulator for carbon credit trading should be specified in the Act.
- Same activity may be eligible for renewable energy, energy savings, and carbon credit certificates.
- The Bill does not specify whether these certificates will be interchangeable.
- Designated consumers must meet certain non-fossil energy use obligation. Given the limited competition among discoms in any area, consumers may not have a choice in the energy mix.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level : Criminal Procedure (Identification) Act, 2022
Mains level : Read the attached story
While the Criminal Procedure (Identification) Act, 2022 was enacted earlier this year, the Ministry of Home Affairs notified it to come into effect from August 4, 2022. It also repeals the existing Identification of Prisoners Act, 1920.
What is the Criminal Procedure (Identification) Act, 2022?
- This act provides legal sanction to law enforcement agencies for “taking measurements of convicts and other persons for the purposes of identification and investigation of criminal matters”.
- The Minister of Home Affairs has observed that with advancements in forensics, there was a need to recognise more kinds of “measurements” that can be used by law enforcement agencies for investigation.
What is the use of identification details in criminal trials?
- Measurements and photographs for identification have three main purposes:
- To establish the identity of the culprit against the person being arrested
- To identify suspected repetition of similar offences by the same person and third
- To establish a previous conviction
What was the previous Identification of Prisoners Act, 1920?
- Even though the police has powers of arrest, mere arrest does not give Police the right to search a person.
- The police requires legal sanction to search the person and collect evidence.
- These legal sanctions are designed so as to maintain a balance between the rights of an individual and the interests of society in prosecution and prevention of offences.
- The Identification of Prisoners Act, 1920 became a necessity when the recording of newer forms of evidence such as fingerprints, footprints and measurements started becoming more accurate and reliable.
What was the need to replace this Act?
- Over the years, the need to amend/update the Identification of Prisoners Act, 1920 has been voiced several times.
- In 1980, the 87th Report of the Law Commission of India undertook a review of this legislation and recommended several amendments.
- This was done in the backdrop of the State of UP vs Ram Babu Misra case, where the Supreme Court had highlighted the need for amending this law.
- The first set of recommendations laid out the need to amend the Act to expand the scope of measurements to include “palm impressions”, “specimen of signature or writing” and “specimen of voice”.
- The second set of recommendations raised the need of allowing measurements to be taken for proceedings other than those under the Code of Criminal Procedure (CrPC).
What are the main highlights and differences in both the legislations?
- Like the Identification of Prisoners Act, 1920, the new Criminal Procedure (Identification) Act, 2022 provides for legal sanction to law enforcement agencies for the collection of measurements.
- The purpose is to create a useable database of these measurements.
- At the State level, each State is required to notify an appropriate agency to collect and preserve this database of measurements.
- At the national level, the National Crime Records Bureau (NCRB) is the designated agency to manage, process, share and disseminate the records collected at the State level.
What are some of the concerns with the present legislation?
- The new legislation has raised some concerns related to the protection of fundamental rights.
- The legislation comes in the backdrop of the right to privacy being recognised as a fundamental right.
- A fundamental facet of the right to privacy is protection from the invasion of one’s physical privacy.
- As per the Puttaswamy judgment, there is a need for the measure to be taken in pursuance of a legitimate aim of the state, be backed by the law and be “necessary and proportionate” to the aim being sought to be achieved.
(1) Various tests behind
- In this case, while the first two tests are satisfied, as:
- “prevention and investigation of crime” is a legitimate aim of the state
- “measurements” are being taken under a valid legislation,
- Satisfaction of the third test of “necessity and proportionality” has been challenged on multiple counts.
(2) A probable police state in making
- Analysis and measurement of behavioural attributes have raised concerns that data processing may go beyond recording of core “measurements”.
- That is some of these measurements could be processed for predictive policing.
(3) Includes petty offences
- The current law allows for “measurements” to be taken if a person has been convicted/arrested for any offence, including petty offences.
- The necessity of taking measurements of such persons for investigation of offences is unclear, and such discretion is likely to result in abuse of the law at lower levels.
- This would definitely overburden the systems used for collection and storage of these measurements.
(4) Period of storage of data
- Given that these records will be stored for 75 years from the time of collection, the law has been criticised as being disproportionate.
(5) Surveillance state
- Such collection can also result in mass surveillance, with the database under this law being combined with other databases such as those of the Crime and Criminal Tracking Network and Systems (CCTNS).
(6) Promotes self-incrimination
- Concerns are being raised that the present law violates the right against self-incrimination enshrined in Article 20(3) of the Constitution of India.
- However, this argument is nebulous since the Supreme Court has already settled this point.
- In the State of Bombay vs Kathi Kalu Oghad, the Supreme Court had conclusively held that “non-communicative” evidence i.e. evidence which does not convey information within the personal knowledge of the accused cannot be understood to be leading to self-incrimination.
- Therefore, no challenge lies to the law on this ground.
Way forward
- Extensive pre-legislative consultation is must for any sensitive law as such.
- Privacy and data protection-related concerns must be addressed in the Rules formulated under the legislation and through model Prison Manuals that States can refer to.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level : Electricity Amendment Bill
Mains level : Read the attached story
The government has tabled the Electricity (Amendment) Bill 2022 in the Lok Sabha. This has drawn huge protests across the country, in states like Tamil Nadu, Telangana, Rajasthan, and others.
Electricity (Amendment) Bill
- This Bill amends the Electricity Act, 2003. The Act regulates the electricity sector in India.
- It sets up the Central and State Electricity Regulatory Commissions (CERC and SERCs) to regulate inter-state and intra-state matters, respectively.
Key provisions under the Bill are:
- Multiple discoms in the same area: The Act provides for multiple distribution licensees (discoms) to operate in the same area of supply. The Bill removes this requirement. It adds that a discom must provide non-discriminatory open access to its network to all other discoms operating in the same area, on payment of certain charges.
- Power procurement and tariff: Upon grant of multiple licenses for the same area, the power and associated costs as per the existing power purchase agreements (PPAs) of the existing discoms will be shared between all discoms.
- Cross-subsidy Balancing Fund: The Bill adds that upon grant of multiple licenses for the same area, the state government will set up a Cross-subsidy Balancing Fund. Cross-subsidy refers to the arrangement of one consumer category subsidising the consumption of another consumer category. Any surplus with a distribution licensee on account of cross-subsidy will be deposited into the fund.
- Rules of Centre: The Bill specifies that the above matters related to the operation of multiple discoms in the same area will be regulated in accordance with the rules made by the central government under the Act.
- License for distribution in multiple states: As per the Bill, the CERC will grant licenses for distribution of electricity in more than one state.
- Payment security: The Bill provides that electricity will not be scheduled or despatched if adequate payment security is not provided by the discom. The central government may prescribe rules regarding payment security.
- Contract enforcement: The Bill empowers the CERC and SERCs to adjudicate disputes related to the performance of contracts. These refer to contracts related to the sale, purchase, or transmission of electricity. Further, the Commissions will have powers of a Civil Court.
- Renewable purchase obligation: The Act empowers SERCs to specify renewable purchase obligations (RPO) for discoms. RPO refers to the mandate to procure a certain percentage of electricity from renewable sources. The Bill adds that RPO should not be below a minimum percentage prescribed by the central government. Failure to meet RPO will be punishable with a penalty between 25 paise and 50 paise per kilowatt of the shortfall.
- Selection committee for SERCs: Under the Act, the Chairperson of the Central Electricity Authority or the Chairperson of the CERC is one of the members of the selection committee to recommend appointments to the SERCs. Under the Bill, instead of this person, the central government will nominate a member to the selection committee. The nominee should not be below the rank of Additional Secretary to the central government.
Other key provisions
- Tariff Ceilings: The Bill makes provision for “mandatory” fixing of minimum as well as maximum tariff ceilings by the “appropriate commission” to avoid predatory pricing by power distribution companies and to protect consumers.
- Tariff revisions: The amendment has several provisions to ensure graded and timely tariff revisions that will help provide state power utilities enough cash to be able to make timely payments to power producers. This move is aimed at addressing the recurrent problem of default by distribution companies in payment to generation companies.
- Payment security mechanism: The bill through amendments in Section 166 of the Act also seeks to strengthen payment security mechanisms and give more powers to regulators. It has become necessary to strengthen the regulatory mechanism, adjudicatory mechanism in the Act and to bring administrative reforms through improved corporate governance of distribution licensees.
Why is it being opposed?
- Provisions of the Bill are being opposed by a number of opposition-ruled states.
- It is being termed anti-federal in spirit.
- Power as a subject comes under the Concurrent List and it was the “the bounden duty or the mandatory obligation” of the Centre to consult the states.
Criticisms
- If passed in its current form it will lead to a major loss for government distribution companies, eventually helping to establish the monopoly of a few private companies in the country’s power sector.
- By bringing in more retailers or distribution licensees, the quality of service or price is not going to be any different.
How will these amendments help?
- Power freebie: The Bill comes at a time when there is a debate around freebies being offered by political parties.
- Discom crisis: Various state power distribution companies (Discoms) have not been able to raise enough resources to make timely payments to power generating companies.
- Empowering discoms: Empowering the regulator to be able to take calls on tariff revision and ensuring that the government freebies, even on electricity, should be through direct benefit transfer.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level : NA
Mains level : Issues with Personal Data Protection Bill
The government has withdrawn the Personal Data Protection Bill from Parliament after several amendments were proposed by the Joint-Parliamentary Committee.
What is Personal Data?
- Data can be broadly classified into two types: personal and non-personal data.
- Personal data pertains to characteristics, traits or attributes of identity, which can be used to identify an individual.
- Non-personal data includes aggregated data through which individuals cannot be identified.
- For example, while an individual’s own location would constitute personal data; information derived from multiple drivers’ location, which is often used to analyse traffic flow, is non-personal data.
What is Data Protection?
- Data protection refers to policies and procedures seeking to minimise intrusion into the privacy of an individual caused by collection and usage of their personal data.
Why was a bill brought for Personal Data Protection?
- In August 2017, the Supreme Court had held that Privacy is a fundamental right under Article 21 of the Constitution.
- The Court also observed that privacy of personal data and facts is an essential aspect of the right to privacy.
- In July 2017, a Committee of Experts, chaired by Justice BN Srikrishna, was set up to examine various issues related to data protection in India.
- The committee submitted its report, along with a Draft Personal Data Protection Bill, 2018 to the Ministry of Electronics and Information Technology in July 2018.
How is personal data regulated currently?
- Currently, the usage and transfer of personal data of citizens is regulated by the Information Technology (IT) Rules, 2011, under the IT Act, 2000.
- The rules hold the companies using the data liable for compensating the individual, in case of any negligence in maintaining security standards while dealing with the data.
Issues with IT Rules, 2011
- The IT rules were a novel attempt at data protection at the time they were introduced but the pace of development of digital economy has shown its shortcomings.
- For instance, (i) the definition of sensitive personal data under the rules is narrow, and (ii) some of the provisions can be overridden by a contract.
- Further, the IT Act applies only to companies, not to the government.
What the Personal Data Protection Bill sought to provide?

- Collection and storage: The bill regulate personal data related to individuals, and the processing, collection and storage of such data.
- Data Principal: Under the bill, a data principal is an individual whose personal data is being processed.
- Data fiduciary: The entity or individual who decides the means and purposes of data processing is known as data fiduciary.
- Data processing: The Bill governs the processing of personal data by both government and companies incorporated in India.
- Data localization: It also governs foreign companies, if they deal with personal data of individuals in India.
- General consent: The Bill provides the data principal with certain rights with respect to their personal data. Any processing of personal data can be done only on the basis of consent given by data principal.
- Data Protection Authority: To ensure compliance with the provisions of the Bill, and provide for further regulations with respect to processing of personal data of individuals, the Bill sets up a DPA.
Issues with the PDP Bill
- Exemptions to the govt: Section 35 of the bill permits the Central Government to exempt any agency of the Government from the provisions of the law.
- No reasonable exemptions: There is no sufficient reason for government agencies to be exempted from basic provisions of the Bill.
- Easy breach: Though this would be subject to procedures, safeguards, and oversight mechanisms to be prescribed by the Government.
- Executive hegemony: There is no scope for oversight over the executive’s decision to issue such an order.
- Arbitrary and intrusive: As demonstrated by the Pegasus case, the current frameworks for protecting citizens from arbitrary and intrusive State action lack robustness.
Why is the state given exemption?
- Biggest needy of Data: The State is one of the biggest processors of data, and has a unique ability to impact the lives of individuals.
- Welfare objectives: It has a monopoly over coercive powers as well have the obligation to provide welfare and services.
Issues with Exemption to State
- Grounds of expediency: the use of this provision on grounds of expediency is an extremely low bar for the Government to meet.
- Non requirement for exemption order: There is no requirement for an exemption order to be proportionate to meeting a particular State function.
- No oversight on executive actions: There is no scope for oversight over the executive’s decision to issue such an order or any safeguards prescribed for this process.
- State surveillance: Section 36(a) of the Bill provides for an exception where personal data is being processed against criminal investigation. This provision could therefore encourage vigilantism or enable privatized surveillance.
Best practices followed across the world
- The European GDPR (General Data Protection Regulation) is commonly seen as the pinnacle of data protection regulation worldwide.
- The EU law has in place a separate law that deals with the processing of personal data by law enforcement agencies.
- UK’s Data Protection Act dedicates Part 3 that liberalises certain obligations while at the same time ensuring that data protection rights are also protected.
Way forward
- Balancing privacy interests with those of public needs (such as that of State security) is a difficult task.
- This should undergo rigorous consultations in Parliament taking into confidence all stakeholders.
- Once debated in Parliament, one can only hope that adequate time and attention is given to finding a better balance between competing interests.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level : Coffee Act
Mains level : Coffee cultivation in India
The Ministry of Commerce and Industry is planning to replace the 80-year-old Coffee Act with the new Coffee (Promotion and Development Bill), 2022, which has been listed for the Monsoon Session of Parliament.
What is the Coffee Act?
- The Coffee Act, 1942 was first introduced during World War II, in order to protect the struggling Indian coffee industry from the economic downturn caused by the war.
- In the 1930s, the Indian coffee industry was facing significant problems, such as large-scale damage by pests and diseases, and the global economic downturn caused by the Great Depression.
- With coffee planters making significant losses, the government passed the Coffee Cess Act (XIV of 1935) and established the first Indian Cess Committee in November 1935.
- This aimed to promote the sale of coffee and increase consumption of Indian coffee at home and abroad.
- These problems from the 1930s were compounded with the outbreak of World War II, as low demands and a loss of foreign markets led to a sharp decline in coffee prices.
- Since the Cess Committee was not able to deal with the crisis faced by the industry, the government formed the Coffee Board, through the introduction of the Coffee Act, 1942.
Purpose of the Act
- The purpose of the Act was to provide for the development of the coffee industry.
- The Board was tasked with supporting the industry in marketing, promotion of consumption, finance and research and development.
Why scrap the old law?
- The government is now trying to scrap the law because it claims that many of the provisions have become redundant and are too restrictive.
- It has also proposed to repeal the decades old laws on tea, spices and rubber, and introduce new legislations in order to increase the ease of doing business and promote the development of these sectors.
- These are very old laws and the idea is only to simplify them, make it easier to do business.
- It aims to ensure that the small people in the different areas like coffee growing, tea growing do not have to suffer from high levels of compliance burden.
Major contentious factor: Pooling System
- Before India liberalised its economy in 1991, the Coffee Board controlled the marketing of the commodity in its entirety, both in India and abroad.
- The Act introduced a pooling system, where each planter was required to distribute their entire crop to a surplus pool managed by the Board, apart from the small quantities that were allowed for domestic use and seed production.
- The Board marketed 70% of the total pool for export and 30% for domestic markets, and sold them in separate auctions, according to Takamasa Akiyama, an economist affiliated with the World Bank.
- In order to spur domestic consumption, the price of domestic coffee was kept artificially low.
The changes since liberalization
- While the Coffee Board no longer maintains its monopolistic control over the marketing of Indian coffee.
- Through a series of amendments, the Board’s authority was reduced, and in 1996, the pooling system was abolished and growers were allowed to directly sell to processing firms.
- The coffee market was entirely deregulated and the growers exposed to the free market.
- Since liberalization, the Coffee Board plays more of an advisory role, and aims at increasing production, promoting further export and supporting the development of the domestic market.
What are the proposed changes?
- In order to facilitate growth and ease of doing business, the government would remove the restrictive and redundant provisions.
- The centre wants to introduce a simplified version of the Act to suit the present needs of the industry.
- The government would not close the Coffee Board, but would rather shift it from the Ministry of Commerce to the Ministry of Agriculture.
- Here it aims to ensure that the benefits of all agricultural schemes are extended to coffee growers.
- The new legislation is now primarily concerned with promoting the sale and consumption of Indian coffee including through e-commerce platforms, with fewer government restrictions.
- It also aims at encouraging further economic, scientific and technical research in order to align the Indian coffee industry with “global best practices.”
Back2Basics: Coffee Production in India
- India is the third-largest producer and exporter of coffee in Asia and the sixth-largest producer and fifth-largest exporter of coffee in the world.
- The country accounts for 3.14% (2019-20) of the global coffee production.
- Coffee production in India is dominated in the hill tracts of South Indian states, with Karnataka accounting for 71%, followed by Kerala with 21% and Tamil Nadu (5%).
- Indian coffee is said to be the finest coffee grown in the shade rather than in direct sunlight anywhere in the world.
- Almost 80% of Indian coffee is exported.
- The two well-known species of coffee grown are the Arabica and Robusta. The first variety was introduced in the Baba Budan Giri hill ranges of Karnataka in the 17th century.
- Brazil is, the largest coffee producer in the world.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level : Warehousing Act
Mains level : Read the attached story
The Union Food and Public Distribution Ministry has suggested major amendments to the Warehousing (Development and Regulation) Act of 2007.
Warehousing Act, 2007
- The GOI has introduced a negotiable warehouse receipt system in the country by enacting the Warehousing (Development and Regulation) Act, 2007 (37 of 2007).
- It has been made effective with effect from the 25th October, 2010.
- The Negotiable Warehouse Receipt (NWR) system was formally launched on the 26th April, 2011.
Why was this Act enacted?
- To make provisions for the development and regulation of warehouses, negotiability of warehouse receipts, establishment of a Warehousing Development and Regulatory Authority (WDRA) and related matters.
- The Negotiable Warehouse Receipts (NWRs) issued by the warehouses registered under this Act would help the farmers to seek loans from banks against NWRs.
- It will avoid distress sale of agricultural produce.
What is the amendment about?
- The aim is to help farmers get access to the services of quality warehouses.
- The amendment is:
- To make registration of godowns compulsory
- To raise the penalty for various offences and
- To do away the jail term as a punishment for the offences
- Central government will have powers to exempt any class of warehouses from registration with the Authority.
- At present, registration with the Warehousing Development and Regulation Authority (WDRA) is optional.
- After the proposed amendment, which is yet to be cleared by the cabinet, registration of all third party warehouses throughout the country, will be undertaken in a phased manner.
- The Act wants to establish a system of negotiable and non-negotiable warehouse receipt (NWR), which is now in electronic form.
Issues
- Farmers pressure groups fears that the amendments are for bringing back certain provisions of the repealed Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Act through the backdoors.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level : Indian Antarctic Bill, 2022
Mains level : Read the attached story
The Lok Sabha deferred the consideration and passing of the Indian Antarctic Bill, 2022 as the Opposition benches were empty due to the ongoing protests outside of Parliament.
Indian Antarctic Bill, 2022
Aims and objectives:
- To provide for national measures to protect the Antarctic environment and associated ecosystems and to give effect to the Antarctic Treaty
- To provide a harmonious policy framework for India’s Antarctic activities through a well-established legal mechanism
- Facilitate activities of the Indian Antarctic programme, including management of Antarctic tourism and sustainable development of fisheries
- To prohibit carrying of certain activities without a permit or the written authorisation of another party to the protocol
- To provide for inspection in India by an officer designated by the Central government as an Inspector and to constitute an inspection team to carry out inspections in Antarctica
- To prohibit drilling, dredging, excavation or collection of mineral resources or even doing anything to identify where such mineral deposits occur.
Key feature: Committee on Antarctic governance
- It will empower the government to establish a committee on Antarctic governance and environmental protection to monitor, implement and ensure compliance with the relevant international laws, emissions standards and rules of protection.
- The panel is to be headed by the secretary of the Ministry of Earth Sciences, as ex officio chairperson.
- Among other roles, he/she has also been the vice-president of the Scientific Committee on Antarctic Research of the International Science Council since 2018.
- The committee will have ten members from various ministries, departments and organizations of the Union government, plus two experts on the Antarctic environment or other relevant areas.
Prohibited activities
The Bill prohibits certain activities in Antarctica including:
- Nuclear explosion or disposal of radioactive wastes,
- Introduction of non-sterile soil, and
- Discharge of garbage, plastic or other substance into the sea which is harmful to the marine environment
About Antarctica Treaty
- Antarctica has a geographical area of 14 million sq. km and has had no indigenous population (i.e. “Antarcticans” don’t exist).
- However, a few thousand people reside there, in some 40 research stations spread across the continent, throughout the year.
- In 1959, 12 countries – Argentina, Australia, Belgium, Chile, France, Japan, New Zealand, Norway, South Africa, the USSR, the UK and the US signed the Antarctic Treaty.
- Their aim was to prevent the continent from being militarised and to establish it as a center of peaceful activities.
- Later, more countries, including India, have become party to the treaty, and today it counts more than 54 members.
Significance of the treaty
- The treaty requires each party to take appropriate measures within its competence, including the adoption of laws and regulations, administrative actions, and enforcement measures, to ensure compliance with the protocol.
- Countries also signed the ‘Protocol on Environmental Protection to the Antarctic Treaty in 1991, which designates Antarctica as a “natural reserve, devoted to peace and science”.
Need for the Antarctic Legislation
- The growing presence of Indian scientists in Antarctica and the commitment to Antarctic research and protection prompted the government to adopt domestic legislation consistent with its obligations as a member of the Antarctic Treaty system.
- These laws will enable India’s courts to deal with disputes or crimes committed in parts of Antarctica, and help build credibility vis-à-vis India’s participation.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level : WMD Bill
Mains level : Read the attached story

External Affairs Minister S Jaishankar has introduced The Weapons of Mass Destruction (WMD) and their Delivery Systems (Prohibition of Unlawful Activities) Amendment Bill, 2022, which will amend the 2005 Act.
What is the WMD Bill?
- The Bill amends the WMD and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 which prohibits the unlawful manufacture, transport, or transfer of WMD (chemical, biological and nuclear weapons) and their means of delivery.
- It is popularly referred to as the WMD Act.
- The recent amendment extends the scope of banned activities to include financing of already prohibited activities.
- The WMD and their Delivery Systems (Prohibition of Unlawful Activities) Act came into being in July 2005.
India’s 2005 WMD Act defines-
- “Biological Weapons” as “microbial or other biological agents, or toxins…of types and in quantities that have no justification for prophylactic, protective or other peaceful purposes; and weapons, equipment or delivery systems specially designed to use such agents or toxins for hostile purposes or in armed conflict”; and
- “Chemical Weapons” as “toxic chemicals and their precursors” except where used for peaceful, protective, and certain specified military and law enforcement purposes; “munitions and devices specifically designed to cause death or other harm through the toxic properties of those toxic chemicals”; and any equipment specifically designed for use in connection with the employment of these munitions and devices.
What was the purpose of the original WMD Act?
- Its primary objective was to provide integrated and overarching legislation on prohibiting unlawful activities in relation to all three types of WMD, their delivery systems, and related materials, equipment, and technologies.
- It instituted penalties for contravention of these provisions such as imprisonment for a term not less than five years (extendable for life) as well as fines.
- The Act was passed to meet an international obligation enforced by the UN Security Council Resolution (UNSCR) 1540 of 2004.
What is the UNSCR 1540?
- In April 2004 the UN Security Council adopted resolution 1540 to address the growing threat of non-state actors gaining access to WMD material, equipment or technology to undertake acts of terrorism.
- In order to address this challenge to international peace and security, UNSCR 1540 established binding obligations on all UN member states under Chapter VII of the UN Charter.
- Nations were mandated to take and enforce effective measures against proliferation of WMD, their means of delivery and related materials to non-state actors.
- It was to punish the unlawful and unauthorised manufacture, acquisition, possession, development and transport of WMD became necessary.
UNSCR 1540 enforced three primary obligations upon nation states —
- To not provide any form of support to non-state actors seeking to acquire WMD, related materials, or their means of delivery;
-
To adopt and enforce laws criminalising the possession and acquisition of such items by non-state actors;
- To adopt and enforce domestic controls over relevant materials, in order to prevent their proliferation.
What has the Amendment added to the existing Act?
- The Amendment expands the scope to include prohibition of financing of any activity related to WMD and their delivery systems.
- To prevent such financing, the Central government shall have the power to freeze, seize or attach funds, financial assets, or economic resources of suspected individuals (whether owned, held, or controlled directly or indirectly).
- It also prohibits persons from making finances or related services available for other persons indulging in such activity.
Why was this Amendment necessary?
- India echoes these developments for having made the Amendment necessary.
- Two specific gaps are being addressed-
- As the relevant organisations at the international level, such as the Financial Action Task Force have expanded the scope of targeted financial sanctions and India’s own legislation has been harmonised to align with international benchmarks.
- With advancements in technologies, new kinds of threats have emerged that were not sufficiently catered for in the existing legislation.
- These notably include developments in the field of drones or unauthorised work in biomedical labs that could maliciously be used for terrorist activity.
- Therefore, the Amendment keeps pace with evolving threats.
What more should India do?
- India’s responsible behaviour and actions on non-proliferation are well recognised.
- It has a strong statutory national export control system and is committed to preventing proliferation of WMD.
- This includes transit and trans-shipment controls, retransfer control, technology transfer controls, brokering controls and end-use based controls.
- Every time India takes additional steps to fulfil new obligations, it must showcase its legislative, regulatory and enforcement frameworks to the international community.
- It is also necessary that India keeps WMD security in international focus.
Setting up a precedence
- There is no room for complacency.
- Even countries which do not have WMD technology have to be sensitised to their role in the control framework to prevent weak links in the global control system.
- India can offer help to other countries on developing national legislation, institutions and regulatory framework through the IAEA (International Atomic Energy Agency) or on bilateral basis.
Could the Amendment become troublesome to people on account of mistaken identity?
- In the discussion on the Bill in Parliament, some members expressed concern on whether the new legislation could make existing business entities or people in the specific sector susceptible to a case of mistaken identity.
- The External Affairs Minister, however, assured the House that such chances were minimal since identification of concerned individuals/entities would be based on a long list of specifics.
What is the international significance of these legislation?
- Preventing acts of terrorism that involve WMD or their delivery systems requires building a network of national and international measures in which all nation states are equally invested.
- Such actions are necessary to strengthen global enforcement of standards relating to the export of sensitive items and to prohibit even the financing of such activities.
Way forward
- Sharing of best practices on legislations and their implementation can enable harmonization of global WMD controls.
- India initially had reservations on enacting laws mandated by the UNSCR.
- This is not seen by India as an appropriate body for making such a demand.
- However, given the danger of WMD terrorism that India faces in view of the difficult neighbourhood that it inhabits, the country supported the Resolution and has fulfilled its requirements.
Conclusion
- It is in India’s interest to facilitate highest controls at the international level and adopt them at the domestic level.
- Having now updated its own legislation, India can demand the same of others, especially from those in its neighbourhood that have a history of proliferation and of supporting terrorist organisations.
Back2Basics:
Nuclear Security Contact Group
- The NSCG was established in 2016.
- The NSCG or “Contact Group” has been established with the aim of facilitating cooperation and sustaining engagement on nuclear security after the conclusion of the Nuclear Security Summit process.
- The Contact Group is tasked with:
- Convening annually on the margins of the General Conference of the International Atomic Energy Agency (IAEA), and, as may be useful, in connection with other related meetings
- Discussing a broad range of nuclear security-related issues, including identifying emerging trends that may require more focused attention
Nuclear Suppliers Group
- NSG is a group of nuclear supplier countries that seeks to contribute to the non-proliferation of nuclear weapons through the implementation of guidelines for nuclear exports and nuclear-related exports.
- The NSG was set up as a response to India’s nuclear tests conducted in 1974.
- The aim of the NSG is to ensure that nuclear trade for peaceful purposes does not contribute to the proliferation of nuclear weapons.
Comprehensive Nuclear-Test-Ban Treaty
- CTBT was negotiated at the Conference on Disarmament in Geneva and adopted by the United Nations General Assembly in 1996.
- The Treaty intends to ban all nuclear explosions – everywhere, by everyone.
- It was opened for signature in 1996 and since then 182 countries have signed the Treaty, most recently Ghana has ratified the treaty in 2011.
Fissile material cut-off treaty
- FMCT is a proposed international agreement that would prohibit the production of the two main components of nuclear weapons: highly-enriched uranium (HEU) and plutonium.
- Discussions on this subject have taken place at the UN Conference on Disarmament (CD), a body of 65 member nations established as the sole multilateral negotiating forum on disarmament.
- The CD operates by consensus and is often stagnant, impeding progress on an FMCT.
- Those nations that joined the nuclear NPT as non-weapon states are already prohibited from producing or acquiring fissile material for weapons.
- An FMCT would provide new restrictions for the five recognized nuclear weapon states (NWS—United States, Russia, United Kingdom, France, and China), and for the four nations that are not NPT members (Israel, India, Pakistan, and North Korea).
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Note4Students
From UPSC perspective, the following things are important :
Prelims level : Mediation Bill
Mains level : Read the attached story

The Parliamentary Standing Committee on Law and Justice has recommended substantial changes to the Mediation Bill.
Mediation Bill, 2021
- Mediation is a voluntary dispute resolution process.
- It is an informal, confidential, flexible, and non-binding process in which an impartial person called a “mediator” helps the parties to understand the interests of everyone involved, and their practical and legal choices.
- The Bill requires persons to try to settle civil or commercial disputes through mediation before approaching any court or tribunal.
- Agreements resulting from mediation will be binding and enforceable in the same manner as court judgments.
Key features of the Bill
(1) Pre-litigation mediation
- Parties must attempt to settle civil or commercial disputes by mediation before approaching any court or certain tribunals.
- Even if they fail to reach a settlement through pre-litigation mediation, the court or tribunal may at any stage refer the parties to mediation if they request for the same.
(2) Disputes not fit for mediation
- The Bill contains a list of disputes which are not fit for mediation.
- These include disputes: (i) relating to claims against minors or persons of unsound mind, (ii) involving criminal prosecution, and (iii) affecting the rights of third parties.
- The central government may amend this list.
- It will apply to mediations conducted in India: (i) involving only domestic parties, (ii) involving at least one foreign party and relating to a commercial dispute (i.e., international mediation).
(3) Mediation process
- Mediation proceedings will be confidential, and must be completed within 180 days (may be extended by 180 days by the parties).
- A party may withdraw from mediation after two sessions.
- Court annexed mediation must be conducted as per the rules framed by the Supreme Court or High Courts.
(4) Mediators
- Mediators may be appointed by: (i) the parties by agreement, or (ii) a mediation service provider (an institution administering mediation).
- They must disclose any conflict of interest that may raise doubts on their independence.
- Parties may then choose to replace the mediator.
(5) Mediation Council of India
- The central government will establish the Mediation Council of India.
- The Council will consist of a chairperson, two full-time members (with experience in mediation or ADR), three ex-officio members (including the Law Secretary, and the Expenditure Secretary), and a part-time member from an industry body.
- Functions of the Council include: (i) registration of mediators, and (ii) recognising mediation service providers and mediation institutes (which train, educate, and certify mediators).
(6) Mediated settlement agreement
- Agreements resulting from mediation (other than community mediation) will be final, binding, and enforceable in the same manner as court judgments.
- They may be challenged on grounds of: (i) fraud, (ii) corruption, (iii) impersonation, or (iv) relating to disputes not fit for mediation.
(7) Community mediation
- This may be attempted to resolve disputes likely to affect the peace and harmony amongst residents of a locality.
- It will be conducted by a panel of three mediators (may include persons of standing in the community, and representatives of resident welfare associations).
Issues highlighted by the Parliamentary Committee
- Compulsion: The panel cautioned against making compulsory pre-litigation mediation.
- Scope for Delay: Making pre-litigation mediation mandatory may actually result in delaying of cases.
- Judicial intervention: The provision to give higher courts the power to frame rules for mediation was also questioned.
- Narrower scope: The members questioned the non-applicability of the provisions to non-commercial disputes involving the Government and its agencies.
- No bar of experienced professionals: The MCI, established to regulate the profession of mediators, may not have representation of practising mediators with adequate experience.
- Prior approval from centre: The MCI requires prior approval from the central government before issuing regulations related to its essential functions. It is not clear why such prior approval is required.
- Domestic conduct of mediation: The Bill applies to international mediations only if they are conducted in India and not outside.
Why need a law on Mediation?
- Fast: Because the amount of time necessary for the parties and therefore the Mediator to organize for the mediation is significantly way less as that needed for trial or arbitration, a mediation of dispute can occur relatively early.
- Flexible: There exists no set formula for mediation. Different Mediators employ different styles. Procedures are often modified to satisfy the requirements of a specific case.
- Cost Efficient: Because mediation generally requires less preparation, is very less formal than trial or arbitration, and may occur at an early stage of the dispute.
- Brings Parties Together: Parties can save and sometimes rebuild their relationship like during a family dispute or commercial dispute.
- Convenient: The parties can control the time, location, and duration of the proceedings to large extent. Scheduling isn’t subject to the convenience of courts.
- Creative: Resolutions that aren’t possible through arbitration or judicial determination could also be achieved.
- Confidential: What’s said during mediation are often kept confidential. Parties wishing to avoid the glare of publicity can use mediation to stay their disputes low-key and personal
- Control: The parties control the result of the mediation and either party has the advantage of terminating the mediation, if it’s felt that it’s not within the interest of the said party.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level : Forest Rights Act
Mains level : Read the attached story
The Odisha government is chasing an ambitious target of completing the implementation of the Forest Rights Act (FRA) by granting all kinds of rights mandated under the historic Act by 2024.
What is Forest Rights Act (FRA)?
- The symbiotic relationship between forests and forest-dwelling communities found recognition in the National Forest Policy, 1988.
- The policy called for the need to associate tribal people in the protection, regeneration and development of forests.
- The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, was enacted in this regard.
- It aimed to protect the marginalised socio-economic class of citizens and balance the right to environment with their right to life and livelihood.
Provisions of the 2006 Act
- The Act recognizes that tribal and other traditional forest-dwelling communities would be hard put to provide documentary evidence for their claims.
- Rule 13 of the Act, therefore, stipulates that the Gram Sabhas should consider more than one evidence in determining forest rights.
- The rule sanctions a wide range of evidence, including “statements by village elders”, “community rights” and “physical attributes such as houses, huts and permanent improvements made to land such as levelling, bunds and check dams”.
Why in news now?
- The forest rights claims of these tribes and forest-dwellers are mostly rejected by the States.
- Being poor and illiterate, living in remote areas, they do not know the appropriate procedure for filing claims.
- The gram sabhas, which initiate the verification of their claims, are low on awareness of how to deal with them.
Why are forest rights important for tribals?
- Aimed at undoing the “historic injustice” meted out to forest-dependent communities due to curtailment of their customary rights over forests, the FRA came into force in 2008.
- It is important as it recognises the community’s right to use, manage and conserve forest resources, and to legally hold forest land that these communities have used for cultivation and residence.
- It also underlines the integral role that forest dwellers play in the sustainability of forests and in the conservation of biodiversity.
- It is of greater significance inside protected forests like national parks, sanctuaries and tiger reserves as traditional dwellers then become a part of management of the protected forests.
Try answering this PYQ
Q.Under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, who shall be the authority to initiate the process for determining the nature and extent of individual or community forest rights or both?
(a) State Forest Department
(b) District Collector/Deputy Commissioner
(c) Tahsildar/Block Development Officer/Mandal Revenue Officer
(d) Gram Sabha
Post your answers here.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level : RERA
Mains level : Real Estate issues
The Supreme Court has asked the Chief Secretaries of the States to respond to queries raised by the Centre on the implementation of rules framed under the Real Estate (Regulation and Development) (RERA) Act, 2016 in their respective jurisdictions.
What is RERA, 2016?
- The Real Estate (Regulation and Development) Act, 2016 seeks to protect home-buyers as well as help boost investments in the real estate industry.
- It establishes a Real Estate Regulatory Authority- RERA in each state for regulation of the real estate sector and also acts as an adjudicating body for speedy dispute resolution.
- It was enacted under Entry 6 and 7 (dealing with contracts and the transfer of property) of the Concurrent List.
- It is followed by the principle “buyer is the king and builders will have to ensure compliances to avoid punishment”.
- Its main objective is to reduce delay in the work or timely delivery of the project without compromising the quality.
Objectives of this Act
It has the following objectives:
- To protect the interest of the allottees and ensure their responsibility
- To maintain transparency and reduce the chances of fraud
- To implement Pan-India standardization and bring about professionalism
- To enhance the flow of correct information between the home buyers and the sellers
- To impose greater responsibilities on both the builders and the investors
- To enhance the reliability of the sector and thereby increase confidence amongst the investors
Key Provisions of RERA Act
- Compulsory registration: According to the central act, every real estate project (where the total area to be developed exceeds 500 sq mtrs or more than 8 apartments is proposed to be developed in any phase), must be registered with its respective state’s RERA.
- Establishment of state level regulatory authorities: It provides for State governments to establish more than one regulatory authority such as RERA to:
- Register and maintain a database of real estate projects; publish it on its website for public viewing
- Protection of interest of promoters, buyers and real estate agents
- Development of sustainable and affordable housing
- Render advice to the government and ensuring compliance with its Regulations and the Act
- Establishment of Real Estate Appellate Tribunal: Decisions of RERAs can be appealed in these tribunals.
- Mandatory Registration: All projects with plot size of a minimum 500 sq.mt or eight apartments need to be registered with Regulatory Authorities.
- Deposits: Developers needs to keep 70% of the money collected from a buyer in a temporary pass through account held by a third party (escrow account) to meet the construction cost of the project.
- Liability of the developer: A developer’s liability to repair structural defects would be for 5 years.
- Cap on Advance Payments: A promoter cannot accept more than 10% of the cost of the plot, apartment or building as an advance payment or an application fee from a person without first entering into an agreement for sale
- Carpet Area over super built-up: Clearly defines Carpet Area as net usable floor area of flat. Buyers will be charged for the carpet area and not super built-up area.
- Punishment for non-compliance: Imprisonment of up to three years for developers and up to one year in case of agents and buyers for violation of orders of Appellate Tribunals and Regulatory Authorities.
Which projects can get RERA approval?
- Commercial and residential projects including plotted development.
- Projects measuring more than 500 sq mts or 8 units.
- Projects without Completion Certificate, before the commencement of the Act.
- The project is only for the purpose of renovation/repair / re-development which does not involve re-allotment and marketing, advertising, selling or new allotment of any apartments, plot or building in the real estate project, will not come under RERA.
- Each phase is to be treated as standalone real estate project requiring fresh registration.
Benefits offered by the RERA Act
Industry
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Developer
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Buyer
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Agents
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- Governance and transparency
- Project efficiency and robust project delivery
- Standardization and quality
- Enhance the confidence of investors
- Attract higher investments and PE funding
- Regulated Environment
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- Common and best practices
- Increase efficiency
- Consolidation of sector
- Corporate branding
- Higher investment
- Increase in organized funding
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- Significant buyers protection
- Quality products and timely delivery
- Balanced agreements and treatment
- Transparency – sale based on carpet area
- Safety of money and transparency on utilization
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- Consolidation of the sector (due to mandatory state registration)
- Increased transparency
- Increased efficiency
- Minimum litigation by adopting best practices
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Note4Students
From UPSC perspective, the following things are important :
Prelims level : WMD Bill
Mains level : WMD terrorism
Recently the Weapons of Mass Destruction (WMD) and their Delivery Systems (Prohibition of Unlawful Activities) Amendment Bill, 2022 was passed in the Lok Sabha.
What is the WMD Bill?
- The Bill amends the WMD and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 which prohibits the unlawful manufacture, transport, or transfer of WMD (chemical, biological and nuclear weapons) and their means of delivery.
- It is popularly referred to as the WMD Act.
- The recent amendment extends the scope of banned activities to include financing of already prohibited activities.
- The WMD and their Delivery Systems (Prohibition of Unlawful Activities) Act came into being in July 2005.
What was the purpose of the original WMD Act?
- Its primary objective was to provide an integrated and overarching legislation on prohibiting unlawful activities in relation to all three types of WMD, their delivery systems and related materials, equipment and technologies.
- It instituted penalties for contravention of these provisions such as imprisonment for a term not less than five years (extendable for life) as well as fines.
- The Act was passed to meet an international obligation enforced by the UN Security Council Resolution (UNSCR) 1540 of 2004.
What is the UNSCR 1540?
- In April 2004 the UN Security Council adopted resolution 1540 to address the growing threat of non-state actors gaining access to WMD material, equipment or technology to undertake acts of terrorism.
- In order to address this challenge to international peace and security, UNSCR 1540 established binding obligations on all UN member states under Chapter VII of the UN Charter.
- Nations were mandated to take and enforce effective measures against proliferation of WMD, their means of delivery and related materials to non-state actors.
- It was to punish the unlawful and unauthorised manufacture, acquisition, possession, development and transport of WMD became necessary.
UNSCR 1540 enforced three primary obligations upon nation states —
- To not provide any form of support to non-state actors seeking to acquire WMD, related materials, or their means of delivery;
- To adopt and enforce laws criminalising the possession and acquisition of such items by non-state actors;
- To adopt and enforce domestic controls over relevant materials, in order to prevent their proliferation.
What has the Amendment added to the existing Act?
- The Amendment expands the scope to include prohibition of financing of any activity related to WMD and their delivery systems.
- To prevent such financing, the Central government shall have the power to freeze, seize or attach funds, financial assets, or economic resources of suspected individuals (whether owned, held, or controlled directly or indirectly).
- It also prohibits persons from making finances or related services available for other persons indulging in such activity.
Why was this Amendment necessary?
- India echoes these developments for having made the Amendment necessary.
- Two specific gaps are being addressed-
- As the relevant organisations at the international level, such as the Financial Action Task Force have expanded the scope of targeted financial sanctions and India’s own legislation has been harmonised to align with international benchmarks.
- With advancements in technologies, new kinds of threats have emerged that were not sufficiently catered for in the existing legislation.
- These notably include developments in the field of drones or unauthorised work in biomedical labs that could maliciously be used for terrorist activity.
- Therefore, the Amendment keeps pace with evolving threats.
What more should India do?
- India’s responsible behaviour and actions on non-proliferation are well recognised.
- It has a strong statutory national export control system and is committed to preventing proliferation of WMD.
- This includes transit and trans-shipment controls, retransfer control, technology transfer controls, brokering controls and end-use based controls.
- Every time India takes additional steps to fulfil new obligations, it must showcase its legislative, regulatory and enforcement frameworks to the international community.
- It is also necessary that India keeps WMD security in international focus.
Setting up a precedence
- There is no room for complacency.
- Even countries which do not have WMD technology have to be sensitised to their role in the control framework to prevent weak links in the global control system.
- India can offer help to other countries on developing national legislation, institutions and regulatory framework through the IAEA (International Atomic Energy Agency) or on bilateral basis.
Could the Amendment become troublesome to people on account of mistaken identity?
- In the discussion on the Bill in Parliament, some members expressed concern on whether the new legislation could make existing business entities or people in the specific sector susceptible to a case of mistaken identity.
- The External Affairs Minister, however, assured the House that such chances were minimal since identification of concerned individuals/entities would be based on a long list of specifics.
What is the international significance of these legislation?
- Preventing acts of terrorism that involve WMD or their delivery systems requires building a network of national and international measures in which all nation states are equally invested.
- Such actions are necessary to strengthen global enforcement of standards relating to the export of sensitive items and to prohibit even the financing of such activities.
Way forward
- Sharing of best practices on legislations and their implementation can enable harmonization of global WMD controls.
- India initially had reservations on enacting laws mandated by the UNSCR.
- This is not seen by India as an appropriate body for making such a demand.
- However, given the danger of WMD terrorism that India faces in view of the difficult neighbourhood that it inhabits, the country supported the Resolution and has fulfilled its requirements.
Conclusion
- It is in India’s interest to facilitate highest controls at the international level and adopt them at the domestic level.
- Having now updated its own legislation, India can demand the same of others, especially from those in its neighbourhood that have a history of proliferation and of supporting terrorist organisations.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level : WMD
Mains level : Nuclear Non-Proliferation

The Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Amendment Bill, 2022 has been unanimously passed in Lok Sabha.
WMD Bill
- The Bill seeks to amend The Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005.
- It aims to provide against the financing of proliferation of weapons of mass destruction and their delivery systems in line with India’s international obligations.
- The 2005 Act prohibited the manufacturing, transport, and transfer of weapons of mass destruction, and their means of delivery.
Need for the Bill
- In recent times, regulations relating to proliferation of weapons of mass destruction and their delivery systems by international organisations have expanded.
- The UNSCs targeted financial sanctions and the recommendations of the Financial Action Task Force have mandated against financing of proliferation of WMD and their their delivery systems.
Weapons of Mass Destruction
- The expression “weapon of mass destruction” (WMD) is usually considered to have been used first by the leader of the Church of England, the Archbishop of Canterbury, in 1937.
- They usually refer to the aerial bombing of civilians in the Basque town of Guernica by German and Italian fascists in support of General Franco during the Spanish Civil War.
- The expression WMD entered the vocabularies of people and countries around the world in the early 2000s after the US under President George W Bush and the UK under PM Tony Blair justified the invasion of Iraq.
- They invaded Iraq on the grounds that the government of Saddam Hussain was hiding these weapons in the country. However, no WMDs were ever found.
What are NBC weapons?
- While there is no single, authoritative definition of a WMD in international law, the expression is usually understood to cover nuclear, biological, and chemical (NBC) weapons.
- WMD can be any nuclear, radiological, chemical, biological, or other device that is intended to harm a large number of people.
India’s 2005 WMD Act defines-
- “Biological Weapons” as “microbial or other biological agents, or toxins…of types and in quantities that have no justification for prophylactic, protective or other peaceful purposes; and weapons, equipment or delivery systems specially designed to use such agents or toxins for hostile purposes or in armed conflict”; and
- “Chemical Weapons” as “toxic chemicals and their precursors” except where used for peaceful, protective, and certain specified military and law enforcement purposes; “munitions and devices specifically designed to cause death or other harm through the toxic properties of those toxic chemicals”; and any equipment specifically designed for use in connection with the employment of these munitions and devices.
Control over use of WMDs
- The use of chemical, biological, and nuclear weapons is regulated by a number of international treaties and agreements.
- Among them are the Geneva Protocol, 1925, that banned the use of chemical and biological weapons; and the Biological Weapons Convention, 1972, and Chemical Weapons Convention, 1992, which put comprehensive bans on the biological and chemical weapons respectively.
- India has signed and ratified both the 1972 and 1992 treaties.
- There are very few non-signatory countries to these treaties, even though several countries have been accused of non-compliance.
- The use and proliferation of nuclear weapons is regulated by treaties such as Nuclear Non-Proliferation Treaty (NPT) and the Comprehensive Test Ban Treaty (CTBT).
Back2Basics:
Nuclear Security Contact Group
- The NSCG was established in 2016.
- The NSCG or “Contact Group” has been established with the aim of facilitating cooperation and sustaining engagement on nuclear security after the conclusion of the Nuclear Security Summit process.
- The Contact Group is tasked with:
- Convening annually on the margins of the General Conference of the International Atomic Energy Agency (IAEA), and, as may be useful, in connection with other related meetings
- Discussing a broad range of nuclear security-related issues, including identifying emerging trends that may require more focused attention
Nuclear Suppliers Group
- NSG is a group of nuclear supplier countries that seeks to contribute to the non-proliferation of nuclear weapons through the implementation of guidelines for nuclear exports and nuclear-related exports.
- The NSG was set up as a response to India’s nuclear tests conducted in 1974.
- The aim of the NSG is to ensure that nuclear trade for peaceful purposes does not contribute to the proliferation of nuclear weapons.
Comprehensive Nuclear-Test-Ban Treaty
- CTBT was negotiated at the Conference on Disarmament in Geneva and adopted by the United Nations General Assembly in 1996.
- The Treaty intends to ban all nuclear explosions – everywhere, by everyone.
- It was opened for signature in 1996 and since then 182 countries have signed the Treaty, most recently Ghana has ratified the treaty in 2011.
Fissile material cut-off treaty
- FMCT is a proposed international agreement that would prohibit the production of the two main components of nuclear weapons: highly-enriched uranium (HEU) and plutonium.
- Discussions on this subject have taken place at the UN Conference on Disarmament (CD), a body of 65 member nations established as the sole multilateral negotiating forum on disarmament.
- The CD operates by consensus and is often stagnant, impeding progress on an FMCT.
- Those nations that joined the nuclear NPT as non-weapon states are already prohibited from producing or acquiring fissile material for weapons.
- An FMCT would provide new restrictions for the five recognized nuclear weapon states (NWS—United States, Russia, United Kingdom, France, and China), and for the four nations that are not NPT members (Israel, India, Pakistan, and North Korea).
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Note4Students
From UPSC perspective, the following things are important :
Prelims level : Antarctic Treaty
Mains level : Indian Antarctic Bill, 2022
The government has introduced the ‘Antarctica Bill, 2022’ in the Lok Sabha that envisages regulating visits and activities to Antarctica as well potential disputes that may arise among those present on the continent.
Indian Antarctic Bill, 2022
Aims and objectives:
- To provide for national measures to protect the Antarctic environment and associated ecosystems and to give effect to the Antarctic Treaty
- To provide a harmonious policy framework for India’s Antarctic activities through a well-established legal mechanism
- Facilitate activities of the Indian Antarctic programme, including management of Antarctic tourism and sustainable development of fisheries
- To prohibit Indian expedition to Antarctica or carrying of certain activities in Antarctica without a permit or the written authorisation of another party to the protocol
- To provide for inspection in India by an officer designated by the Central government as an Inspector and to constitute an inspection team to carry out inspections in Antarctica
Key feature: Committee on Antarctic governance
- It will empower the government to establish a committee on Antarctic governance and environmental protection to monitor, implement and ensure compliance with the relevant international laws, emissions standards and rules of protection.
- The panel is to be headed by the secretary of the Ministry of Earth Sciences, as ex officio chairperson.
- Among other roles, he has also been the vice-president of the Scientific Committee on Antarctic Research of the International Science Council since 2018.
- The committee will have ten members from various ministries, departments and organizations of the Union government, plus two experts on the Antarctic environment or other relevant areas.
About Antarctica Treaty
- Antarctica has a geographical area of 14 million sq. km and has had no indigenous population (i.e. “Antarcticans” don’t exist).
- However, a few thousand people reside there, in some 40 research stations spread across the continent, throughout the year.
- In 1959, 12 countries – Argentina, Australia, Belgium, Chile, France, Japan, New Zealand, Norway, South Africa, the USSR, the UK and the US signed the ‘Antarctic Treaty’.
- Their aim was to prevent the continent from being militarised and to establish it as a centre of peaceful activities.
- Later, more countries, including India, have become party to the treaty, and today it counts more than 54 members.
- The treaty requires each party to take appropriate measures within its competence, including the adoption of laws and regulations, administrative actions and enforcement measures, to ensure compliance with the protocol.
- Countries also signed the ‘Protocol on Environmental Protection’ to the Antarctic Treaty in 1991, which designates Antarctica as a “natural reserve, devoted to peace and science”.
Need for the Antarctic Legislation
- The growing presence of Indian scientists in Antarctica and the commitment to Antarctic research and protection prompted the government to adopt domestic legislation consistent with its obligations as a member of the Antarctic Treaty system.
- These laws will enable India’s courts to deal with disputes or crimes committed in parts of Antarctica, and help build credibility vis-à-vis India’s participation.
India at the Poles
- India maintains two research stations on the continent: ‘Maitri’ (commissioned in 1989) at Schirmacher Hills and ‘Bharati’ (2012) at Larsemann Hills.
- It has also launched 41 scientific expeditions every year thus far.
- Together with the ‘Himadri’ station in Svalbard, above the Arctic circle, India is among an elite group of countries with multiple research in the polar regions.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level : AFSPA
Mains level : Issues over AFSPA disturbed areas

The Union Home Ministry has considerably reduced the “disturbed areas” under the Armed Forces (Special) Powers Act (AFSPA) in Assam, Manipur and Nagaland.
AFSPA: A Backgrounder
- The AFSPA, 1958 came into force in the context of insurgency in the North-eastern States decades ago.
- It provides “special power” to the Armed Forces applies to the Army, the Air Force and the Central Paramilitary forces etc.
- It has been long contested debate whether the “special powers” granted under AFSPA gives total immunity to the armed forces for any action taken by them.
Armed Forces (Special Powers) Act, 1958
- Armed Forces Special Powers Act, to put it simply, gives armed forces the power to maintain public order in “disturbed areas.”
- AFSPA gives armed forces the authority use force or even open fire after giving due warning if they feel a person is in contravention of the law.
- The Act further provides that if “reasonable suspicion exists”, the armed forces can also arrest a person without warrant; enter or search premises without a warrant; and ban the possession of firearms.
What are the Special Powers?
The ‘special powers’ which are spelt out under Section 4 provide that:
(a) Power to use force, including opening fire, even to the extent of causing death if prohibitory orders banning assembly of five or more persons or carrying arms and weapons, etc are in force in the disturbed area;
(b) Power to destroy structures used as hide-outs, training camps, or as a place from which attacks are or likely to be launched, etc;
(c) Power to arrest without warrant and to use force for the purpose;
(d) Power to enter and search premises without a warrant to make arrest or recovery of hostages, arms and ammunition and stolen property etc.
What are the Disturbed Areas?
- A disturbed area is one that is declared by notification under Section 3 of the AFSPA.
- As per Section 3, it can be invoked in places where “the use of armed forces in aid of the civil power is necessary”.
Who can declare/notify such areas?
- The Central Government or the Governor of the State or administrator of the Union Territory can declare the whole or part of the State or Union Territory as a disturbed area.
- A suitable notification would have to be made in the Official Gazette.
Presently ‘Disturbed Areas’
- AFSPA is currently in force in Assam, Nagaland, Manipur, 3 districts of Arunachal Pradesh, and areas falling within the jurisdiction of 8 police stations in Arunachal Pradesh bordering Assam.
- In Jammu and Kashmir, a separate law Armed Forces (Jammu and Kashmir) Special Powers Act, 1990 has been in force.
AFSPA: Is it a License to Kill?
While the operation of the Section has been controversial in itself, it has attracted much criticism when actions have resulted in the death of civilians.
- Power to kill: Section 4 of the Act granted officers the authority to “take any action” even to the extent to cause the death.
- Protection against prosecution: This power is further bolstered by Section 6 which provides that legal can be instituted against the officer, except with the previous sanction of the Central Government.
Supreme Court’s Observations over AFSPA
- These extra-judicial killings became the attention of the Supreme Court in 2016.
- It clarified that the bar under Section 6 would not grant “total immunity” to the officers against any probe into their alleged excesses.
- The judgment noted that if any death was unjustified, there is no blanket immunity available to the perpetrator(s) of the offense.
- The Court further noted that if an offense is committed even by Army personnel, there is no concept of absolute immunity from trial by the criminal court constituted under the CrPC.
Constitutionality of AFSPA
- Attempts have been made to examine the constitutionality of the Act on the grounds that it is contravention to the:
- Right to Life and Personal Liberty (Article 21) and
- Federal structure of the Constitution since law and order is a State subject
Recommendations to repeal AFSPA
(1) Justice B.P. Jeevan Reddy Commission
- The 2004 Committee headed by Justice B.P. Jeevan Reddy, the content of which has never officially been revealed by the Government, recommended that AFSPA be repealed.
- Additionally, it recommended that appropriate provisions be inserted in the Unlawful Activities Prevention Act, 1967 (UAPA) instead.
- It also recommended that the UAPA be modified to clearly specify the powers of the armed forces and paramilitary forces and grievance cells should be set up in each district where the armed forces are deployed.
(2) ARC II
- The Administrative Reforms Commission in its 5th Report on ‘Public Order’ had also recommended that AFSPA be repealed.
- It recommended adding a new chapter to be added to the Unlawful Activities Prevention Act, 1967.
- However, the recommendation was considered first and then rejected.
Other issues with AFSPA
(1) Sexual Misconduct by Armed Forces
- The issue of violation of human rights by actions of armed forces came under the consideration of the Committee on Amendments to Criminal Law (popularly known as Justice Verma Committee) set up in 2012.
- It observed that- in conflict zones, legal protection for women was neglected.
(2) Autocracy
- The reality is that there is no evidence of any action being taken against any officer of the armed forces or paramilitary forces for their excesses.
Caution given by the Supreme Court
A July 2016 judgment authored by Justice Madan B. Lokur in Extra Judicial Execution Victim Families Association quoted the “Ten Commandments” issued by the Chief of the Army Staff for operations in disturbed areas:
- Definite circumstances: The “power to cause death is relatable to maintenance of public order in a disturbed area and is to be exercised under definite circumstances”.
- Declaration preconditions: These preconditions include a declaration by a high-level authority that an area is “disturbed”.
- Due warning: The officer concerned decides to use deadly force on the opinion that it is “necessary” to maintain public order. But he has to give “due warning” first.
- No arbitrary action: The persons against whom the action was taken by the armed forces should have been “acting in contravention of any law or order for the time being in force in the disturbed area”.
- Minimal use of force: The armed forces must use only the “minimal force required for effective action against the person/persons acting in contravention of the prohibitory order.”
- Empathy with perpetrators: The court said that: the people you are dealing with are your own countrymen. All your conduct must be dictated by this one significant consideration.
- People friendliness: The court underscored how the Commandments insist that “operations must be people-friendly, using minimum force and avoiding collateral damage – restrain must be the key”.
- Good intelligence: It added that “good intelligence is the key to success”.
- Compassion: It exhorted personnel to “be compassionate, help the people and win their hearts and minds. Employ all resources under your command to improve their living conditions”.
- Upholding Dharma (Duty): The judgment ended with the final Commandment to “uphold Dharma and take pride in your country and the Army”.
Conclusion
- Despite demands by civil society groups and human rights activities, none of the recommendations have not been implemented to date.
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