17 August 2023 CNA
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TABLE OF CONTENTS
A. GS 1 Related B. GS 2 Related POLITY AND GOVERNANCE 1. Understanding the MoEFCC’s U-turn C. GS 3 Related D. GS 4 Related E. Editorials GOVERNANCE 1. An Act to cement digital authoritarianism 2. New Bills and a principled course for criminal law reforms F. Prelims Facts 1. Want to catch a supernova? There’s a new app for that G. Tidbits 1. Centre and WHO to launch Global Initiative on Digital Health 2. ‘Vishwakarma scheme will aid 30 lakh artisan families’ 3. Why is Bihar’s caste-based survey facing legal challenges? H. UPSC Prelims Practice Questions I. UPSC Mains Practice Questions
A. GS 1 Related
Nothing here for today!!!
B. GS 2 Related
Category: POLITY AND GOVERNANCE
1. Understanding the MoEFCC’s U-turn
Syllabus: Ministries and Departments of the Government, Government policies and interventions aimed at development in various sectors and issues arising out of their design and implementation.
Mains: Government policies and the idea of the formation of integrated regional offices by merging different environmental bodies.
Context
The Ministry of Environment, Forests and Climate Change (MoEFCC) initially planned to merge key environmental bodies into integrated regional offices. This faced criticism for potential loss of authority and adverse effects.
Ministry’s Quiet Reversal on Integrated Regional Offices
- MoEFCC issued a notification reversing its plan to merge the Forest Survey of India (FSI), NTCA, WCCB, and CZA under integrated regional offices.
- The original idea faced criticism for the potential loss of authority for key environmental bodies.
Read more on the Central Zoo Authority (CZA) in the linked article.
Ministry’s Rationale and Legal Disputes
- MoEFCC justified the merger for “ease of doing business,” while NTCA opposed it citing administrative confusion.
- A petitioner argued against the merger plan in Karnataka High Court, MoEFCC clarified it wasn’t a merger.
- Karnataka High Court disposed of the petition with conditions, allowing future challenges.
Unsuccessful Merger Plan
- MoEFCC dropped the merger plan after two years, likely due to technical and administrative complexities.
- Different bodies affected: NTCA (Project Tiger), FSI (forest data), WCCB (enforcement), CZA (zoos).
New Notification and Regional Office Reorganisation
- A new notification proposing reorganising existing regional offices has been criticised for lacking objective criteria.
- Example: Bengaluru regional office’s jurisdiction criticised for grouping diverse states and territories.
Concerns Over Project Tiger and Elephant Mergers
- The Indian government announced the Project Tiger and Elephant merger, raising concerns about NTCA autonomy and Project Elephant’s legal backing.
- Decision criticised for lack of discussion in the MoEFCC wildlife division.
Changing Ministry Approach
- Experts advocate for focused efforts, stronger environmental monitoring, and decentralised infrastructure.
- Regional offices’ roles expanded for environmental approvals and compliance monitoring.
- Lack of clarity on funding and infrastructure support for expanded roles.
Expert Perspective on Decentralization
- Kanchi Kohli, environmental law researcher, suggests an internal mechanism for reviewing office actions to balance regulatory outcomes and environmental protection while upholding social justice.
Nut Graf: The MoEFCC’s move to merge environmental bodies under integrated offices drew criticism for undermining authority. Legal disputes, concerns over Project Tiger and Elephant mergers, and lack of clarity on funding for expanded roles were highlighted, raising questions about the ministry’s approach and the need for balanced regulatory outcomes while upholding environmental protection and social justice.
C. GS 3 Related
Nothing here for today!!!
D. GS 4 Related
Nothing here for today!!!
E. Editorials
1. An Act to cement digital authoritarianism
Syllabus: Governance, E-governance
Mains: Provisions of Data protection bill and debate between the Right to privacy and state limit to surveillance.
Context: Digital Data Protection Act challenges democracy; Critics warn of surveillance, privacy erosion; Call for comprehensive constitutional reform.
Puttaswamy Case: Rejection of Total State Control
- The Puttaswamy case of August 2017 stands as a significant milestone, wherein the Indian Supreme Court decisively rejected the notion of all-encompassing state control over citizens’ lives.
- The case reinforced the essential right to privacy, emphasizing its intrinsic value in safeguarding individual freedoms.
Read more on Puttaswamy Case.
Steps Towards Surveillance State: Examples of Total Control
- The ‘Digital India‘ initiative, launched in July 2015, showcased the government’s ambition to leverage technology for citizen empowerment. However, this vision seems to have taken a misstep by placing excessive faith in technology to solve complex issues, inadvertently giving rise to the concept of a surveillance state.
- The tie-up between surveillance capital and welfare is evident, leading to the creation of digital public goods that utilise personal data for governance. Examples like Aarogya Setu and Co-Win highlight how seemingly beneficial platforms have been subject to privacy and transparency concerns, challenging their actual impact.
- The ‘Smart Cities Mission,’ aiming for urban development, has raised alarms due to its focus on integrated command centres that collect real-time data from residents. Despite its intent, this mission has missed deadlines and failed to create a discernible sense of security or smartness in cities.
Concerns with Digital Personal Data Protection Act, 2023
- The introduction of the Digital Personal Data Protection Act in 2023 has sparked significant apprehension. Critics express concern over its potential to undermine transparency and accountability, jeopardizing the foundations of a democratic society.
- It has been pointed out that the Act’s provisions seemingly prioritize data collection and processing by both government and private entities, rather than focusing on robust data protection mechanisms.
Also read Digital Personal Data Protection Bill, 2022.
A Warning to Heed: Dystopian Realization
- The government’s dismissal of concerns as “scaremongering” is juxtaposed against the proposed idea of the Data Act as a new social contract for digital participation. However, this concept is rooted more in partisan allegiance than constitutionally safeguarded rights, raising scepticism about its long-term impact.
- Worries intensify as a trend emerges wherein various legislations, such as the Criminal Procedure (Identification) Act and the Registration of Births and Deaths (Amendment) Act, are creating databases that encroach upon fundamental rights. This alarming trend highlights the risk of gradual democratic erosion in the digital era.
A Call for a Wider Constitutional Reboot
- The journey since the Puttaswamy case underscores the need for a comprehensive approach to combat the encroaching digital authoritarianism. The Supreme Court‘s earlier ruling, which upheld the Aadhaar program while limiting its scope, now takes on renewed significance. The analogy drawn from Aleksandr Solzhenitsyn’s experience in Stalinist Russia underscores the importance of a robust data protection framework to ensure citizens’ liberty and dignity.
- Incremental amendments or specific rulemaking may not suffice to counter the pervasive state coercion represented by the Data Act. A broader constitutional reboot is required to address the deeper civic rot and prevent further entrenchment of digital authoritarianism. This holistic approach will help India navigate the complexities of the digital age while preserving its democratic principles and safeguarding individual rights.
Nut Graf: India’s Digital Personal Data Protection Act, 2023, is accused of cementing digital authoritarianism by undermining transparency, enabling state control, and compromising privacy. Critics warn of a surveillance state, urging constitutional reform to counter this erosion of democracy and protect citizens’ rights in the digital era.
2. New Bills and a principled course for criminal law reforms
Syllabus: Important Aspects of Governance, Transparency and Accountability
Mains: Need for criminal law reform and provision of the recent bill introduced
Context: Recent Bills propose criminal law reform in India. Debate, inclusivity, principles, efficacy, and state power are crucial considerations.
Introduction of Recent Criminal Law Reform:
- Recent Bills and their significance: The Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Bill were introduced to reform India’s criminal laws.
- Varied reactions and the need for productive debate: The Bills sparked diverse opinions, necessitating balanced discourse on sustainability, efficacy, rule of law, and justice delivery.
Some Reformatory Measures:
- Moderate modifications promoting inclusivity: Bills reflect changes such as gender inclusivity, modernization of terms, and punishments for minor and serious offences.
- Integration of technology and innovative measures: Embracing technology, introducing trial in absentia, and community service as commendable steps.
- Alignment with judicial decisions: Removal of attempted suicide and adultery, tempering the offence of sedition, and introduction of new offences like terrorism and mob lynching.
Also read Reforms in Criminal Justice System.
The Test for the Bill:
- Upholding fundamental principles: Examination of whether reforms adhere to criminal jurisprudence fundamentals and address the needs of those impacted by the criminal justice system.
- Balancing state security and individual liberties: Necessity to strike a balance between security imperatives and individual freedoms.
- Addressing class divides and public trust: Ensuring equality, equitability, and building public trust to remedy legitimacy deficiencies.
- Bridging rhetoric and reality: Ensuring reforms effectively translate into meaningful change and enhance the criminal justice system’s functionality.
- Impact on vulnerable and marginalized: Measuring the impact of reforms on vulnerable groups, victims, and the underprivileged.
State’s Power Asset:
- Criminal law as a strategic tool: Historical and contemporary use of criminal law as a pre-emptive tool by the political executive.
- Concerns of preventive approach: Scrutiny of the proliferation of preventive criminal law and its implications.
- As the Bills undergo consideration by the select committee, there is an expectation for enhanced engagement to refine the drafts, and accommodate victims’ rights, hate crime provisions, bail regulations, sentencing framework, and legal aid. The overarching goal of the envisioned criminal law reforms is to reinforce the rule of law and bolster the pursuit of justice.
Nut Graf: India’s recent criminal law reform Bills have ignited varied opinions. Balancing public aspirations, state perspectives, and adherence to justice delivery, the Bills address inclusivity, technology integration, and judicial alignment. Crucially, they must uphold fundamental principles, bridge rhetoric with reality, and mitigate class divides while empowering the vulnerable.
F. Prelims Facts
1. Want to catch a supernova? There’s a new app for that
Syllabus: GS 3- Science and Technology
Prelims: General awareness in the fields of IT, Space, Computers, Robotics, Nanotechnology
Introduction
- The night sky appears serene but conceals a universe of constant movement and transformation.
- Planets, asteroids, comets, stars, supernovae, and black holes shape this dynamic cosmos.
- Astronomers observe these cosmic events through telescopes.
Smartphones Revolutionise Stargazing
- Smartphones play a crucial role in collecting astronomy data, benefitting both professionals and enthusiasts.
- Apps transform smartphones into powerful tools for stargazers, aiding observation and alignment.
- Smartphone cameras enhance low-light capabilities, becoming virtual windows to the heavens.
Apps for Space Enthusiasts
- Numerous space-focused apps are available for Android and iOS phones, offering free access to sky phenomena.
- Apps like Google Sky Map locate and identify stars, planets, and nebulae.
- NASA’s app provides space mission updates, images, and videos.
Also read BHUVAN – Geo Portal Developed by ISRO.
ZARTH App: Merging Science and Gaming
- ZARTH (ZTF Augmented Reality Transient Hunter) was developed by Ashish Mahabal and his team.
- Inspired by Pokemon Go, ZARTH lets anyone ‘hunt’ for optical transients, fleeting cosmic events.
- Utilises Sky Map and adds daily data from Zwicky Transient Facility (ZTF) telescope at Palomar Observatory.
- ZTF scans the northern sky every two days and aids in tracking asteroids and studying supernovae.
How ZARTH Works
- Players catch transients by touching them on the app.
- Around 200 transients are added daily, out of 100,000 detected by ZTF.
- Transients include supernovae, flaring stars, white dwarf binaries, and more.
- ZARTH ranks transients based on rarity and importance, users compete to score points.
ZARTH’s Impact and Future
- ZARTH aims for astronomy outreach and citizen science involvement.
- Expected to enhance transient data as citizen scientists contribute.
- Potential for classroom integration, stimulating interest in STEM education.
- Plans to expand to iPhones, elevating astronomical event detection.
Conclusion
- ZARTH app bridges science and gaming, enabling smartphone users to engage in astronomy.
- Human-AI collaboration enhances astronomical discoveries.
- Smartphone technology transforms stargazing, making the universe more accessible to all.
G. Tidbits
1. Centre and WHO to launch Global Initiative on Digital Health
- India and WHO jointly introduce the Global Initiative on Digital Health at the G20 summit in Gandhinagar.
- Aims to enhance data convergence, health platform interfaces, and global digital health investments.
- Emphasises vital interim medical countermeasures (MCM) through a ‘network of networks approach’ before future health emergencies.
- India, along with WHO, leads advocacy for MCM, fostering global collaboration.
- Global digital platform to feature investment tracker, ask tracker (identifying product/service needs), and a library of digital health platforms.
- Digital health solutions will enhance universal health convergence and healthcare services.
- Initiative secured funding from international partners.
- India maintains a data ownership policy for citizens; the global data-sharing platform ensures user data privacy while promoting data interoperability.
- Summit also strives to establish a Climate and Health Initiative with the Asian Development Bank and launched a patient and healthcare workforce mobility portal.
2. ‘Vishwakarma scheme will aid 30 lakh artisan families’
- Cabinet Committee on Economic Affairs (CCEA) approves “PM Vishwakarma” scheme with ₹13,000 crore funding.
- Scheme, announced by PM Modi on Independence Day, for traditional craftspeople and artisans from 2023-24 to 2027-28.
- Aims to strengthen “Guru-Shishya parampara” and traditional skills among artisans using hands and tools.
- Focuses on improving the quality and global reach of artisan products, integrating with value chains.
- Covers 18 traditional trades like carpenter, blacksmith, goldsmith, potter, etc.
- Provides PM Vishwakarma certificate, ID card, and credit support up to ₹1-2 lakh at 5% interest.
- Offers basic and advanced skilling programs, along with ₹500/day stipend during skill training.
- Aims to cover 30 lakh families over a five-year period.
3. Why is Bihar’s caste-based survey facing legal challenges?
Introduction
- The Supreme Court is scheduled to hear petitions challenging Patna High Court’s decision to uphold the Bihar government’s ongoing caste survey on August 18.
- The Bihar government launched a two-phase caste survey on January 7, aiming to gather detailed socio-economic data to formulate better policies for disadvantaged groups.
- The survey covers a population of 12.70 crore across 38 districts.
- Phase one involved a house listing exercise from January 7 to January 12. The second phase was paused due to a High Court stay order on May 4 but resumed on August 2.
- The second phase collects data on castes, sub-castes, and religions. The final survey report is expected in September, close to the 2024 elections.
Importance of Caste Census
- The decennial Census records Scheduled Castes (SCs) data but lacks comprehensive information on Other Backward Classes (OBCs) and other groups.
- The central government rejects a socio-economic caste census due to administrative difficulties, despite conducting a 2011 survey with unreleased data.
- Bihar’s move was seen as an attempt to revive Mandal politics
Challenges and Opposition
- Petitions against the survey claim the Bihar government’s order is unconstitutional since only the central government can conduct a census as per the Constitution.
- Petitioners argue the state government lacks authority to appoint District Magistrates without central government notification under the Census Act.
- Petitions challenge the High Court verdict for violating privacy, as personal data is collected through an executive order.
- The High Court defended the state’s authority to create policy and dismissed privacy concerns, referencing the Puttaswamy judgement.
H. UPSC Prelims Practice Questions
Q1. Consider the following statements about supernovas:
- It is the largest explosion that occurs in space.
- Supernovas are easily observed within our Milky Way galaxy due to clear visibility.
- A supernova occurs due to a change in the core of a star, which can happen in only one way.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
CHECK ANSWERS:-
Answer: a
Explanation:
Statement 2 is incorrect as visibility within our Milky Way is obstructed by dust. Statement 3 is incorrect as there are two different ways a change in the star’s core can lead to a supernova.
Q2. With reference to the Global Initiative on Digital Health, which of the following statements is/are correct?
- It will focus on data convergence, the interface of health platforms, and investments in the digital health space.
- The initiative includes an investment tracker, an ask tracker, and a library of existing digital health platforms.
Select the correct answer using the code given below:
- Only 1
- Only 2
- Both 1 and 2
- Neither 1 nor 2
CHECK ANSWERS:-
Answer: c
Explanation:
Both statements are correct.
Q3. With reference to the "PM Vishwakarma" scheme, consider the following statements:
- The scheme aims to promote digital skills among traditional artisans and craftspeople.
- The scheme’s objective is to encourage the use of modern machinery over traditional tools.
- There are two types of skilling programs offered under the scheme: basic and advanced.
How many of the statements given above are incorrect?
- Only one
- Only two
- All three
- None
CHECK ANSWERS:-
Answer: b
Explanation:
Statements 1 and 2 are incorrect; the scheme focuses on promoting and nurturing traditional skills and artisans, not digital skills or modern machinery.
Q4. With reference to the Triple Test requirements established in the Puttaswamy judgment, consider the following statements:
- It provides a framework for evaluating government actions related to personal privacy.
- The Triple Test includes necessity, proportionality, and legitimacy.
- The Triple Test criteria are applicable only to issues of national security.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
CHECK ANSWERS:-
Answer: b
Explanation:
Statement 3 is incorrect; the Triple Test criteria apply beyond national security issues.
Q5. With reference to the National Tiger Conservation Authority (NTCA) in India, which of the following statements is incorrect?
- NTCA is a statutory body under the Ministry of Environment, Forest and Climate Change.
- It addresses the livelihood interests of local people in areas surrounding Tiger Reserves.
- NTCA can’t oppose a forest clearance for an infrastructure project for diverting Tiger Reserve areas.
- NTCA is responsible for overseeing the management of tiger reserves and protecting their habitats.
CHECK ANSWERS:-
Answer: c
Explanation:
Statement (c) is incorrect; the NTCA can oppose forest clearance for infrastructure projects that may adversely affect tiger reserves.
I. UPSC Mains Practice Questions
- Identify the merits and demerits of the idea of a ‘caste-based’ census in India. (250 words, 15 marks) [GS-2; Polity and Governance]
- There is no ‘perfect’ data protection law. Comment. (250 words, 15 marks) [GS-2; Polity and Governance]
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