04 August 2023 CNA
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TABLE OF CONTENTS
A. GS 1 Related B. GS 2 Related GOVERNANCE 1. Amid row, Data Protection Bill tabled C. GS 3 Related ENVIRONMENT 1. Over nine lakh trees likely to be axed for Great Nicobar Project 2. Why is the Biological Diversity Bill facing opposition? D. GS 4 Related E. Editorials F. Prelims Facts 1. Govt. imposes curbs on import of laptops and tablets G. Tidbits 1. Three Bills passed in the Rajya Sabha in Opposition’s absence 2. Endangered Himalayan vulture, bred in captivity for the first time in India H. UPSC Prelims Practice Questions I. UPSC Mains Practice Questions
A. GS 1 Related
Nothing here for today!!!
B. GS 2 Related
1. Amid row, Data Protection Bill tabled
Syllabus: Governance, E-governance
Mains: Provisions of Data protection bill and debate between the Right to privacy and state limit to surveillance.
Context: The Data Protection Bill was recently introduced in the Lok Sabha after a six-year gap since the Supreme Court recognized privacy as a fundamental right under the Constitution.
Provisions of the Bill:Â
- Protection of Digital Data: The Bill aims to enhance the protection of digital data collected from individuals, designating them as ‘data fiduciaries’ and ‘data principals’.
- Data Fiduciaries: These are the entities or companies that collect and process personal data from individuals. They are entrusted with this data and have the responsibility to handle it in a secure and lawful manner.
- Data Principals: This refers to the individuals whose personal data is being collected and processed by the data fiduciaries. They have the right to know what data is being collected, and for what purposes it will be used, and they retain control over their data.
- Data Protection Measures: Companies are required to clearly inform users about the data being collected and its purpose, appoint a data protection officer, and grant users the right to delete or modify their personal data.
- Fines for Non-compliance: The Bill proposes fines ranging from ₹50 crore to ₹250 crore for companies that fail to protect user data or violate disclosure requirements. These fines can be compounded for each violation.
- Additional Requirements: The Union government will notify additional requirements for firms classified as ‘significant’ data fiduciaries, subjecting them to more stringent regulations such as data audits and impact assessments.
- Data Protection Board: The Bill paves the way for the establishment of the Data Protection Board of India, with its members appointed by the Union government.
- Subordination through Notification: Many aspects of the Bill’s implementation, such as the effective date, registration of consent managers, reporting of data breaches, erasing user data timelines, and modalities of audits for significant data fiduciaries, will be notified later through the Gazette of India.
- Removal of Section 43A: The Bill strikes off Section 43A of the Information Technology Act, 2000, which required companies to compensate users for mishandling data. Compensation will now be addressed through civil tort law.
Also read: Personal Data Protection Bill, 2019
Range of Exemptions:
- Exemptions for the State and its Instrumentalities: The Bill provides wide-ranging exemptions for the “state and its instrumentalities,” allowing the processing of personal data in the interest of India’s sovereignty, integrity, and security, and for fulfilling legal obligations.
- Non-Disclosure in Case of Lawful Interception: While firms are required to disclose the identity of other firms processing users’ data, they are exempted from disclosing and sharing data in the case of lawful interception. Similar obligations apply to the government as well, except in cases like medical emergencies and disasters.
Criticism related to the bill:Â
- Parliamentary Standing Committee’s Concerns: The Bill faced criticism from opposition members of the Parliamentary Standing Committee on Communications and Information Technology, who accused the government of obfuscation and lack of examination of the new version by the committee.
- Demands for Examination: Opposition members demanded that the new version of the Bill should be sent for examination by the standing committee, as it impinges on fundamental rights related to privacy.
Nut Graf: The Digital Personal Data Protection Bill, 2023, introduced in Lok Sabha, aims to enhance digital data protection by defining the roles of ‘data fiduciaries’ (companies collecting data) and ‘data principals’ (individuals). It requires transparent data collection, appointing a data protection officer, and grants users the right to delete or modify personal data. The Bill proposes fines for non-compliance and allows for exemptions for the state and its instrumentalities.
C. GS 3 Related
1. Over nine lakh trees likely to be axed for Great Nicobar Project
Syllabus: Conservation, Environmental pollution and degradation and Environmental impact assessment
Mains: Environmental consequences of the government’s developmental projects
Prelims: About the Great Nicobar Project.
Context:Â
The Centre’s ambitious ₹72,000 crore Great Nicobar Project aims to develop infrastructure on the Great Nicobar Island, including a transshipment port, international airport, township, and a gas- and solar-based power plant. However, concerns have been raised about the potential impact on the island’s evergreen tropical forests and diverse flora and fauna.
Ambitious Project with Tree Felling
- The Centre is undertaking the ambitious ₹72,000-crore Great Nicobar Project on the Great Nicobar Island.
- The project aims to build a transshipment port, an international airport, a township, and a 450 MVA gas and solar-based power plant.
- The Minister of State (Environment) revealed in the Rajya Sabha that around 9.64 lakh trees may be felled for the project, not the previously estimated 8.5 lakh trees.
Also read: The Great Nicobar Biosphere Reserve
Environmental Clearance and Challenge
- The Great Nicobar Project, spanning over 130 square km of pristine forest, received environmental clearance from an expert committee.
- However, the clearance decision was challenged in the National Green Tribunal (NGT).
- The NGT subsequently formed an expert committee in April 2023 to investigate aspects of the clearance.
Project’s Strategic Importance and Lack of Public Information
- Normally, details of projects undergoing environmental clearance are made available on a public portal maintained by the Environment Ministry.
- Surprisingly, details of the Great Nicobar Project have not been disclosed, following instructions from the Union Home Ministry, which classifies the project as “strategically important.”
Ecological Impact
- The Great Nicobar Island is known for its evergreen tropical forests with rich biological diversity.
- The island is home to almost 650 species of flora and 330 species of fauna.
- The proposed tree felling for development in the project area would impact this unique ecosystem.
Tree Felling Plan and Compensatory Afforestation
- Minister clarified that the estimated number of trees to be felled in the earmarked forest area is 9.64 lakh.
- Approximately 15% of the development area will be preserved as green and open spaces, potentially reducing the number of trees to be cut.
- The tree felling will be carried out in phases.
- In order to offset the loss of trees, compensatory afforestation will be carried out in Haryana, as the opportunity for planting trees in the Andaman and Nicobar Islands is restricted.
Nut Graf: Minister of State (Environment) revealed that the Great Nicobar Project may cut down 9.64 lakh trees, surpassing the initial estimate of 8.5 lakh, for development. Limited public disclosure is due to its strategic importance, despite environmental clearance. The area is known for its diverse flora and fauna, and compensatory afforestation in Haryana is planned.
2. Why is the Biological Diversity Bill facing opposition?
Syllabus: Conservation
Mains: Biological Diversity (Amendment) Bill and how it tries to balance development and conservation?
Context: The recently passed Biological Diversity Amendment Bill raises concerns due to exemptions given for industry.
Convention on Biological Diversity:
- The Convention on Biological Diversity (CBD) is an international treaty adopted in 1992 during the Earth Summit in Rio de Janeiro.
- Its primary goal is the conservation of biological diversity, sustainable use of its components, and fair and equitable sharing of benefits arising from genetic resources.
Biological Diversity Act, 2002:
- The Biological Diversity Act, 2002, was enacted to give effect to the provisions of the CBD in India.
- The Act aims to regulate access to biological resources, protect traditional knowledge, and ensure fair benefit sharing with local communities.
To What Extent Has the Act Been Implemented?
- Despite being in force for several years, the Biological Diversity Act has faced challenges in full implementation.
- A 2022 investigation revealed that in many states, there was no transparent data available on access and benefit-sharing transactions.
- Concerns were raised regarding the non-sharing of benefits with local communities, leading to a lack of confidence in the Act’s implementation.
- Legal researchers identified difficulties in implementing provisions related to access and benefit sharing, leading to cases in high courts and the National Green Tribunal.
Biological Diversity (Amendment) Bill:
- The Biological Diversity (Amendment) Bill, 2021, seeks to amend the existing Act to introduce certain relaxations and exemptions.
- It is intended to promote the “ease of doing business” and support the AYUSH industry.
Why is the Bill Considered Problematic?
- The proposed amendments exempt “codified traditional knowledge” and the AYUSH industry from benefit sharing, denying local communities fair compensation for their resources.
- Ambiguity in the definition of “codified traditional knowledge” may lead to exploitation and misuse of traditional knowledge.
- Critics argue that these exemptions are regressive and go against the original intent of ensuring fair and equitable benefit-sharing.
How Does the Industry View the Act?
- The industry, particularly the AYUSH sector, has expressed discontent with the existing regulations.
- Several companies have faced legal challenges for allegedly using biological resources without complying with the Act’s provisions.
- Representatives from various sectors, including the Indian system of medicine, seed, and industry, have urged the government to simplify and streamline compliance burdens to encourage research and investment.
Nut Graf: The Biological Diversity (Amendment) Bill, 2021, has faced opposition due to concerns over potential exploitation, lack of fair benefit sharing, and the prioritization of “ease of doing business” over environmental protection. The Act’s implementation challenges have further added to the scepticism surrounding the proposed amendments. As the debate continues, balancing economic interests and environmental conservation remains a crucial aspect for policymakers and stakeholders alike.
D. GS 4 Related
Nothing here for today!!!
E. Editorials
Nothing here for today!!!
F. Prelims Facts
1. Govt. imposes curbs on import of laptops and tablets
Syllabus: GS 3- Economy
Prelims: Import restriction of goods and services and its impact.
New Import Restrictions
- The Indian government announced restrictions on the import of laptops, tablets, and all-in-one and small-factor personal computers (PCs).
- Licences will now be required for these products to be brought into the country and sold to consumers.
- The move is expected to have a significant impact on laptop availability, especially for brands that rely on assembly abroad, such as Dell, HP, Lenovo, and Apple.
- Longer wait times for individual products to clear import and sale formalities in India may result from this notification.
Exemption for Travellers and Specific Cases
- The restriction on imports will not apply to products brought under the Baggage Rules.
- This means that travellers may still bring one laptop, tablet, or PC back from overseas without facing penalties.
- Online purchases of laptops from foreign websites are still allowed, but individual buyers may incur import duties and shipping fees, making it more expensive.
- Devices imported for research and development purposes and those repaired abroad are exempt from these import restrictions.
Impact on Pricing and Responses
- Electronic goods like laptops are generally sold below the maximum retail price (MRP), allowing manufacturers to adjust prices quickly as needed.
Also read: WTO Ruling Against India’s Import Tariffs on Electronics
G. Tidbits
1. Three Bills passed in the Rajya Sabha in Opposition’s absence
- The Rajya Sabha passed 3 Bills with minimal discussion, as the Opposition members boycotted the proceedings.
- The Bills passed were the Offshore Areas Mineral (Development and Regulation) Amendment Bill, the Press and Registration of Periodicals Bill, and the Advocates (Amendment) Bill.
- The Offshore Areas Mineral (Development and Regulation) Amendment Bill was debated.
- The Press and Registration of Periodicals Bill –
- It aims to replace an outdated 1867 law brought by colonial rulers and is designed to uphold media freedom and ease of doing business.Â
- The proposed legislation simplifies and fast-tracks the process of allotment of titles and registration of periodicals through an online system, eliminating the need for physical interfaces, which would help small and medium publishers in starting a periodical easily.
- Amendments to the Advocates Bill are part of the government’s policy of repealing outdated, pre-Independence laws that are no longer useful.
2. Endangered Himalayan vulture, bred in captivity for the first time in India
- Researchers at Assam State Zoo, Guwahati, India, have achieved a significant milestone by successfully documenting the inaugural occurrence of captive breeding for the Himalayan vulture (Gyps himalayensis).
- The Himalayan vulture holds a ‘near threatened’ status on the IUCN Red List of threatened species. It regularly migrates to the Indian plains during winter and resides in the high Himalayas throughout the year.
- The breeding was considered a challenging task as the species naturally breeds in snowclad mountains. However, the birds acclimatised to the tropical environment in the zoo, facilitating the breeding process.
- The conservation breeding of Himalayan vultures in Guwahati is the second such instance in the world, after France, where the species has been bred in captivity.
- The Vulture Conservation Breeding Centre (VCBC) at Rani in Assam, along with three other centres, is involved in the conservation breeding of other vulture species.
- The three resident Gyps vulture species, including the Himalayan vulture, are categorised as ‘Critically Endangered’ due to unprecedented declines in their populations.
H. UPSC Prelims Practice Questions
Q1. Consider the following statements, with reference to the "Press and Registration of Periodicals Bill, 2023":
- The bill replaces the Press and Registration of Books (PRB) Act, 1867.
- The new law makes the registration of periodicals a one-step process, eliminating the eight-step process.
- The permission to start a newspaper can be denied to those involved in unlawful activities against the state.
How many of the statements given above are incorrect?
- Only one
- Only two
- All three
- None
CHECK ANSWERS:-
Answer: d
Explanation: It replaces the PRB Act, 1867, makes the registration of periodicals a one-step process, and allows denial of permission for those involved in unlawful activities.
Q2. With reference to the recent Digital Personal Data Protection Bill (2023), which of the following statements is incorrect?
- Personal data can be processed in the interest of the sovereignty and integrity of the state.
- Firms are not exempted from disclosing sharing of data in the case of lawful interception of data.
- The Bill strikes off Section 43A of the Information Technology Act, 2000, which requires companies to compensate users for mishandling their data.
- It requires companies to clearly mention to users what data are being collected and how it will be used.
CHECK ANSWERS:-
Answer: b
Explanation: Statement 2 is incorrect as firms are exempted from disclosing data sharing in case of lawful interception.Â
Q3. Consider the following statements about Great Nicobar:
- Great Nicobar is the largest island among the Nicobar Islands in the Indian Ocean.
- Great Nicobar has a variety of evergreen tropical forests.
- It is home to the Indira Point, the southernmost point of India’s territory.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
CHECK ANSWERS:-
Answer: c
Explanation: Great Nicobar is the largest island among the Nicobar Islands and is home to the Indira Point, the southernmost point of India’s territory. It is also home to a variety of evergreen tropical forests.
Q4. With reference to the recent Biological Diversity (Amendment) Bill, 2021, which of the following statements is/are incorrect?
- The Bill aims to promote the conservation of biodiversity and equitable sharing of benefits.
- The term “codified traditional knowledge” is clearly defined in the bill.
Select the correct answer using the code given below:
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
CHECK ANSWERS:-
Answer: b
Explanation: It aims to conserve biodiversity and promote equitable benefit sharing. Statement 2 is incorrect as the term “codified traditional knowledge” lacks a clear definition.
Q5. With reference to the Himalayan vulture, consider the following statements:
- It is the largest and heaviest vulture species found in the Indian subcontinent.
- It is a critically endangered species according to the International Union for Conservation of Nature (IUCN) Red List.
- Its decline is mainly attributed to poisoning from the use of diclofenac in livestock.
How many of the statements given above are correct?
- Â Only one
- Only two
- All three
- None
CHECK ANSWERS:-
Answer: b
Explanation: Statement 2 is incorrect. It is listed as Near Threatened on the IUCN Red List.
I. UPSC Mains Practice Questions
- How do the new amendments to the Biodiversity Bill undercut the Biodiversity regime in India? (150 words, 10 marks) (GS-3; Environment)
- Discuss the provisions of the Digital Personal Data Protection Bill, 2023. (150 words, 10 marks) (GS-2;Â Governance)
Read the previous CNA here.
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