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Type: Bills/Act/Laws

  • Censorship Issues – Censor Board, Banning films, etc

    Cinematograph (Amendment) Bill, 2023

    Bills/Act/Laws | Governance | Mains Paper 2: Governance, Transparency & Accountability, Citizens Charters

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Cinematograph Act, 1952

    Mains level: Read the attached story

    cinema

    Central Idea

    • Union Information and Broadcasting Minister has introduced the Cinematograph (Amendment) Bill, 2023, in the Rajya Sabha, with the goal of addressing piracy concerns in the film industry.
    • It seeks to amend the Cinematograph Act, 1952.

    What is the Cinematograph Act, 1952?

    • The Cinematograph Act of 1952, was enacted by the Parliament to ensure that films are shown in accordance with the limits of tolerance of society.
    • The Act establishes the Central Board of Film Certification (CBFC, or the censor board) to certify films.
    • Under the Act, the Board scrutinizes the films following the procedure laid down in the Act and can either reject or grant a certificate, valid for ten years.
    • The Act authorizes the police to perform search and seizure actions if the film is being exhibited in contravention of any of the provisions of the Act.

    Cinematograph Amendment Bill, 2023

    Amendment The bill proposes to amend the Cinematograph Act, 1952
    Harsher Penalty The act has provisions for harsher penal provisions for film piracy
    New Age Categories It introduces new sub-age categories for films to bring about uniformity in categorisation across platforms
    Perpetual Certification The certification once given will be perpetual
    New Sub-age based Certification UA-7+’, ‘UA-13+’, and ‘UA-16+’ in place for 12 years
    Alignment The act will be aligned with Supreme Court judgments
    Recertification Recertification of the edited film for television broadcast
    Public Exhibition Only Unrestricted Public Exhibition category films can be shown on television
    Uniformity It will make the act provisions in line with the provisions of the Jammu and Kashmir Reorganisation Act, 2019 to maintain uniformity

    Stringent Laws against Piracy

    Details
    Imprisonment and Penalty It includes imprisonment for three years and a Rs 10 lakh penalty for those found involved in piracy
    Legal Offence The act of piracy will be a legal offense, and even transmitting pirated content will be punishable

    Indian Cinema: A Backgrounder

    • The history of Indian cinema dates back to the late 19th century, with the screening of the Lumiere Brothers’ short films in Bombay (now Mumbai) in 1896.
    • Dadasaheb Phalke is considered to be the father of Indian cinema.
    • The first Indian-made film, Raja Harishchandra, was released by him in 1913 and marked the beginning of Indian cinema.
    • The first Indian talkie, Alam Ara, was released in 1931, marking a new era in Indian cinema.

    Contribution of Indian Cinema

    (1) Economic contribution

    • Revenue Source: The film industry contributes significantly to the country’s economy, generating substantial revenue through production, distribution, and exhibition.
    • Employment Generation: The film sector offers employment opportunities to millions of people in various related fields.
    • Allied Sectors: The film industry provides a boost to other industries like advertising, hospitality, tourism, and fashion.
    • Entertainment Economy: Cinema houses and multiplexes generate revenue through ticket sales, concessions, and merchandise sales.

    (2) Societal Contribution

    • Social Cause: Movies have addressed crucial social issues, raising awareness and encouraging discussions.
    • Breaking Gender Stereotypes: Strong female characters in films challenge traditional gender roles, positively impacting women’s status.
    • Accessible Entertainment: Cinema breaks social barriers by providing affordable and accessible entertainment.
    • Inspirational Aspects: Movies inspire the youth, leading them to look up to their favorite stars as role models.

    (3) Nation Building

    • Promotion of Social Harmony: Indian cinema showcases diversity and cultural richness, promoting social harmony and unity.
    • Inculcation of Moral Values: Films play a crucial role in imparting moral values and social responsibilities.
    • Creating Awareness about Social Issues: Movies raise awareness about various social issues, breaking taboos and addressing important topics.

    Issues with Indian Cinema

    • Portrayal of Violence and Sexuality: Some films depict violence and sexual content, impacting younger viewers negatively.
    • Reinforcement of Stereotypes: Certain films reinforce gender, caste, and religious stereotypes, perpetuating prejudice.
    • Promotion of Materialism: Movies that promote materialism can lead to unrealistic expectations and values.
    • Lack of Diversity: The lack of diversity in mainstream films needs to be addressed to ensure equal representation.
    • Undue Commercialization: Excessive commercialization may overshadow the importance of quality content.
    • Nepotism: The practice of nepotism can hinder deserving talent from entering the industry.

    Way Forward

    • Revising the Certification Process: Ensure transparency and accountability in the certification process.
    • Protecting Artistic Freedom: Safeguard artistic freedom and creativity in filmmaking.
    • Encouraging Regional Cinema: Promote and support regional cinema through incentives and subsidies.
    • Promoting Cultural Diversity: Encourage filmmakers to explore diverse cultures and promote intercultural dialogue.
    • Combating Piracy: Take effective measures to combat film piracy and protect revenues.
    • Developing Film Infrastructure: Invest in developing film infrastructure and educational facilities.

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  • Right To Privacy

    Age of Consent for Data Protection

    Bills/Act/Laws | Governance | Mains Paper 2: Governance, Transparency & Accountability, Citizens Charters

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Age of Consent

    Mains level: Read the attached story

    data

    Central Idea

    • Empowering the Central Government: The upcoming data protection Bill in India could grant the Centre the authority to lower the age of consent from 18 for accessing Internet services without parental oversight.
    • Exemptions for Certain Companies: The Bill may exempt specific companies from additional obligations in protecting children’s privacy if they can process data in a “verifiably safe” manner.

    Must read:

    Data Protection Bill approved by Cabinet: Content, concerns

    Why in news?

    • Departure from Previous Bill: This marks a departure from the previous data protection Bill, where the age threshold was hard-coded at 18 years.
    • Aligning with global laws: The change aligns with data protection regulations in the Western world, such as the EU and US.

    Journey of a Clause: Changing Definition of a Child

    • Justice BN Srikrishna Committee Report: The committee’s 2018 report recommended seeking parental consent for individuals under 18 years but suggested that the age of consent could be reduced if amendments were made.
    • Personal Data Protection Bill, 2019: The PDP Bill, 2019 retained the recommendation and defined a child as an individual under the age of 18.
    • Joint Committee of Parliament Recommendations: The Joint Committee proposed reducing the age of consent to 13/14/16 years in its final recommendations in late 2021.
    • Digital Personal Data Protection Bill, 2022: The draft Bill defined children as those under 18 years of age, leading to dissatisfaction among social media companies.
    • Final Change: The data protection Bill headed to Parliament’s Monsoon session reportedly changed the definition of a child to an individual who has not completed the age of eighteen years or a lower age notified by the Central Government.

    Global Definitions of Children for Data Regulations

    • EU’s General Data Protection Regulation (GDPR): The age of consent is set at 16 but allows member states to lower it to as low as 13. Specific protections for children’s personal data exist.
    • USA’s Children’s Online Privacy Protection Act (COPPA): Children are defined as under 13 years, and parental consent is required for processing their personal data.
    • Australia’s Privacy Act, 1988: The Act protects personal information regardless of age but requires organizations to assess an individual’s capacity to consent on a case-by-case basis.
    • China’s Personal Information Protection Law (PIPL): Entities handling personal data of individuals under 14 years must obtain parental consent, and children’s data is categorized as sensitive.

    Conclusion

    • Lowering the age of consent in India’s data protection Bill reflects global trends seen in data protection regulations.
    • Countries have different age thresholds for defining children and varying requirements for obtaining parental consent.
    • The final change in the Bill represents a series of discussions and deliberations on determining the age of children in India’s data protection law, addressing concerns of industry stakeholders and aligning with international standards.

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  • Forest Conservation Efforts – NFP, Western Ghats, etc.

    Forest (Conservation) Amendment Bill, 2023

    Bills/Act/Laws | Enviro & Biodiversity | Mains Paper 3: Conservation, Environmental Pollution & Degradation, Eia

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Forest (Conservation) Amendment Bill, 2023

    Mains level: Read the attached story

    Central Idea

    • A parliamentary committee has given its endorsement to the Forest (Conservation) Amendment Bill, which seeks to amend the Forest (Conservation) Act, 1980.
    • The proposed amendments have attracted objections and controversies, raising concerns about dilution of forest protection and potential impacts on biodiversity, forest rights, and national security.

    Forest (Conservation) Amendment Bill, 2023: An overview

    • The Forest (Conservation) Act, 1980, safeguards India’s forest land from unauthorized non-forestry use and allows for compensation in case of diversion.
    • Previous amendments aimed to expand protection, but the current amendments focus on removing ambiguities and clarifying the Act’s applicability on various types of land.
    • The amendments emphasize promoting tree cover, carbon sinks, national security infrastructure, and livelihood opportunities for forest-dwelling communities.

     

    Forest (Conservation) Act, 1980

    • It is the principal legislation that regulates deforestation in the country.
    • It prohibits the felling of forests for any “non-forestry” use without prior clearance by the central government.
    • The clearance process includes seeking consent from local forest rights holders and from wildlife authorities.
    • The Centre is empowered to reject such requests or allow them with legally binding conditions.
    • Process of approval for the diversion of forest land culminates after issuance of final diversion order by the State Government or UT concerned which authorises use of forest land for intended purpose and hands over the land to the user agency.

    Key features

    • Inclusion and Exclusion of Land: The Bill amends the Forest (Conservation) Act, 1980 to make it applicable to land notified as a forest under the Indian Forest Act, 1927 or in government records after the 1980 Act came into effect. Land converted to non-forest use before December 12, 1996, will not fall under the Act’s purview.
    • Exemptions: Certain types of land are exempted from the Act, including land within 100 km of India’s border required for national security projects, small roadside amenities, and public roads leading to habitation.
    • Assignment of Forest Land: The state government requires prior approval from the central government to assign forest land to any private or government entity. The Bill extends this requirement to all entities and allows assignment on terms and conditions specified by the central government.
    • Permitted Activities: The Bill expands the list of permitted activities in forests, including establishing check posts, fencing, bridges, running zoos, safaris, and eco-tourism facilities.

    Controversial parts of the Amendment

    • Dilution Concerns: Some critics argue that the amendments dilute the Supreme Court’s 1996 Godavarman case judgment, which extended protection to forests not officially classified as such.
    • Geographically Sensitive Areas: Projects within 100 km of international borders or the Line of Control would no longer require forest clearance, which raises concerns about the environment and security.
    • Deemed Forests and Tourism: Central protection for deemed forests and restrictions on activities like tourism could be compromised, affecting biodiversity conservation and forest integrity.
    • Impact on Forest Cover: Exempting land near border areas for national security projects may adversely affect forest cover and wildlife in northeastern states, which have high forest cover and are biodiversity hotspots.
    • Potential Adverse Effects: Blanket exemptions for projects like zoos, eco-tourism facilities, and reconnaissance surveys may have negative consequences for forest land and wildlife.

    Opposition and Criticism

    • Northeast States’ Opposition: Some northeastern states objected to forest land being used for defense purposes without their consent.
    • Environmental Groups’ Concerns: Environmental organizations criticized the removal of Central protection for deemed forests and allowing tourism in these areas, risking biodiversity and forest conservation.
    • Name Change Controversy: The proposal to change the name of the Act to Van (Sanrakshan Evam Samvardhan) Adhiniyam faced objections for being non-inclusive and excluding certain regions’ populations.

    Conclusion

    • The Forest (Conservation) Amendment Bill, despite attracting objections and controversies, has received the endorsement of the parliamentary committee.
    • The proposed amendments aim to bring clarity to the Act’s applicability and promote tree cover, national security infrastructure, and livelihood opportunities.

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  • Right To Privacy

    Cabinet clears Data Protection Bill

    Bills/Act/Laws | Governance | Mains Paper 2: Governance, Transparency & Accountability, Citizens Charters

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: NA

    Mains level: DPDP Bill

    data

    Central Idea

    • The Union Cabinet has granted clearance for the Digital Personal Data Protection (DPDP) Bill, which is set to be introduced in the upcoming Monsoon Session of Parliament.
    • This legislation aims to regulate the management of personal data of Indian residents, emphasizing explicit consent for data collection and usage.

    DPDP, Bill: Key Features and Concerns

    (A) Data Protection Norms and Consent

    • Data Protection Law: The DPDP Bill establishes norms for the management of personal data and mandates explicit consent from individuals whose data is collected and used.
    • Limited Transparency: More than 20,000 comments were received during the public consultation on the draft Bill, but these comments have not been made publicly available.
    • Minimal Changes: The final Bill, to be presented in Parliament, reportedly shows little deviation from the initial draft circulated for public consultation.

    (B) Data Protection Board and Grievance Redressal

    • Role of the Data Protection Board: The DPDP Bill enables individuals to lodge complaints with the Data Protection Board of India, consisting of government-appointed technical experts, in case of unauthorized data usage.
    • Investigation of Breaches: The Board will initiate an investigation into reported breaches of personal data.

    (C) Provisions and Penalties

    • EU Influence: The DPDP Bill draws inspiration from the EU’s General Data Protection Regulation, outlining practices for entities collecting personal data, storage, processing, and the rights of data subjects.
    • Voluntary Undertaking: Entities can admit a breach and pay a penalty as a mitigation measure to avoid court litigation.
    • Penalties and Fines: Penalties for breaches can reach up to ₹250 crore, with a possibility of upward revision to ₹500 crore. Individual offenses may attract fines starting from ₹10,000.
    • Data Protection Board’s Role: The Board will levy fines and penalties for breaches, with a maximum penalty of ₹500 crore for data breaches.

    (D) Exemptions and Concerns

    • Exemptions for Courts and Law Enforcement: The Bill exempts courts and law enforcement agencies from certain requirements when processing personal data for the prevention, detection, investigation, or prosecution of offenses.
    • Concerns over RTI Amendment: An amendment in the DPDP Bill raises concerns among Right to Information activists, as it may restrict the sharing of “personal information” by government departments, potentially impeding transparency and accountability.

    Potential Changes in the Final Draft

    • Cross-Border Data Flows: The approach to cross-border data transfers may shift from a ‘whitelisting’ approach to a ‘blacklisting’ mechanism.
    • Stricter Deemed Consent: The provision on “deemed consent” for private entities could be reworded to be more stringent, while government departments may assume consent for processing personal data in the interest of national security and public interest.

    International Comparisons

    data

    • Global Data Protection Laws: A significant number of countries have enacted data protection and privacy legislation, with the GDPR serving as a template for many jurisdictions.
    • EU, US, and China Models: The EU focuses on comprehensive data protection, the US emphasizes privacy as “liberty protection,” and China has introduced new laws on data privacy and security.

    Why discuss this yet again?

    • Previous Withdrawal: An earlier version of the data protection Bill was withdrawn from Parliament in 2021 due to pushback from various stakeholders.
    • International Relevance: The DPDP Bill’s implementation is crucial for India’s trade negotiations, particularly with regions like the European Union, which has comprehensive privacy laws under the General Data Protection Regulation (GDPR).

    Conclusion

    • The Bill marks a significant step toward safeguarding personal data in India.
    • The legislation introduces stricter norms for data collection and usage, emphasizing explicit consent and establishing penalties for breaches.
    • However, concerns have been raised regarding the limited transparency of the consultation process and potential exemptions that may impact transparency and accountability.

     

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  • Higher Education – RUSA, NIRF, HEFA, etc.

    Cabinet approves Bill for National Research Foundation (NRF)

    Bills/Act/Laws | Governance | Mains Paper 2: Health & Education

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: National Research Foundation (NRF)

    Mains level: NA

    research

    Central Idea

    • The Union Cabinet’s approval of the National Research Foundation (NRF) Bill, 2023 marks a significant milestone in the field of scientific research in India.
    • With an estimated budget of ₹50,000 crore from 2023-28, the NRF will reshape the research landscape in the country.

    What is NRF?

    • Apex Body: The NRF will be established as the highest governing body for scientific research, in accordance with the recommendations of the National Education Policy (NEP).
    • Department of Science and Technology’s Role: The DST will serve as the administrative department of the NRF, with a Governing Board consisting of eminent researchers and professionals from various disciplines.
    • Leadership Structure: PM will be the ex-officio President of the Board, while the Union Minister of Science & Technology and the Union Minister of Education will be the ex-officio Vice-Presidents.
    • Functioning: The Principal Scientific Adviser will chair the Executive Council responsible for NRF’s functioning.

    Consolidation and Funding

    • Integration of Science and Engineering Research Board: The proposed Bill repeals the Science and Engineering Research Board (SERB) established in 2008 and subsumes it into the NRF.
    • Equitable Funding: The NRF aims to ensure equitable distribution of research funding, addressing the current disparity between eminent institutions like IITs and IISc and state universities. It seeks to allocate research funds more fairly, with an expected private sector investment of ₹36,000 crore.
    • Government Contribution: The government will contribute ₹10,000 crore over five years, while the DST will continue to receive its annual budget for funding autonomous research bodies, scholarships, and capacity-building programs.

    Collaboration and Policy Framework

    • Industry-Academia-Government Collaboration: The NRF will foster collaborations among industries, academia, government departments, and research institutions. It will establish an interface mechanism to facilitate participation and contributions from industries, state governments, scientific ministries, and line ministries.
    • Policy Framework and Regulatory Processes: NRF’s focus will include creating a policy framework and regulatory processes that encourage collaboration and increased industry spending on research and development (R&D).
    • Research in Social Sciences and Humanities: The NRF aims to promote research not only in natural sciences but also in humanities, social sciences, and arts. It recognizes the importance of integrating these disciplines in decision-making processes.

    Addressing National Priorities

    • Priority Areas: The NRF intends to identify priority areas aligned with national objectives, such as clean energy, climate change, sustainable infrastructure, improved transportation, and accessible healthcare.
    • Multidisciplinary Projects and Centers of Excellence: To address national priorities, the NRF will support large-scale, long-term, multidisciplinary, and multi-institutional projects. It also plans to establish Centers of Excellence focusing on crucial research areas for the country.
    • International Collaborations: The NRF will coordinate and support research in mega international projects, including LIGO and ITER, in which India is actively involved.

    Funding and Impact

    • Increased Funding: The NRF aims to significantly increase the funding available for scientific research in India from both government and private sources. Currently, India’s spending on research and development remains below 0.7% of its GDP.
    • Potential Impact: The NRF’s establishment has the potential to address the pressing issues in Indian science and enhance the country’s research output. Experts view it as a major landmark for science in India, with the allocated ₹50,000 crore as a starting point for future growth and impact.

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  • Digital India Initiatives

    Highlights of the proposed Digital India Act, 2023

    Bills/Act/Laws | Governance | Mains Paper 2: E-Governance

    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:
    1. Digital Personal Data Protection Bill,
    2. DIA rules,
    3. National Data Governance Policy, and
    4. 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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  • Health Sector – UHC, National Health Policy, Family Planning, Health Insurance, etc.

    [pib] Cabinet approves the Policy for the Medical Devices Sector

    Bills/Act/Laws | Economics | Mains Paper 3: Effects Of Liberalization On The Economy, Changes In Industrial Policy and their effects on Industrial Growth

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: NA

    Mains level: National Medical Devices Policy, 2023

    medical device

    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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  • Right To Privacy

    Data Protection Bill in Monsoon Session

    Bills/Act/Laws | Governance | Mains Paper 2: Governance, Transparency & Accountability, Citizens Charters

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Read the attached story

    Mains level: Data Privacy and Protection

     

    data

     

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

    Legislation on ‘Data’: A Backgrounder

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

    Timeline of key events

    data

     

     

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

    DPDP Bill, 2022 is based on seven principles

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

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

    Key features of the bill

    (1) Data Principal and Data Fiduciary

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

    (2) Defining personal data and its processing

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

    (3) Individual’s informed consent

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

    (4) Language of information

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

    (5) Significant Data Fiduciaries

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

    (6) Data protection officer & Data auditor

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

    (7) Right to erase data, right to nominate

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

    (8) Cross-border data transfer

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

    (9) Financial penalties

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

     

     

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  • Historical and Archaeological Findings in News

    Geo-heritage Sites and Geo-relics Bill, 2022

    Bills/Act/Laws | Governance | Mains Paper 2: Governance, Transparency & Accountability, Citizens Charters

    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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  • Wildlife Conservation Efforts

    RS clears Wildlife (Protection) Amendment Bill, 2022

    Bills/Act/Laws | Enviro & Biodiversity | Mains Paper 3: Conservation, Environmental Pollution & Degradation, Eia

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: CITES, WPA Act

    Mains level: Read the attached story

    wild

    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:
    1. 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.
    2. 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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