18 Aug 2023: UPSC Exam Comprehensive News Analysis

TABLE OF CONTENTS

A. GS 1 Related
B. GS 2 Related
SOCIAL JUSTICE
1. ALS patients and caregivers struggle with multiple issues related to disease
C. GS 3 Related
D. GS 4 Related
E. Editorials
GOVERNANCE
1. Gaps in Births and Deaths Registration (Amendment) Act
2. Word choice in data protection law, a dilution of rights
3. Is there a need to replace the IPC, the CrPC and the Evidence Act?
F. Prelims Facts
G. Tidbits
1. President Murmu launches warship Vindhyagiri
2. WHO chief asks nations to unlock power of traditional medicine
H. UPSC Prelims Practice Questions
I. UPSC Mains Practice Questions

2. Word choice in data protection law, a dilution of rights

Syllabus: Governance, E-governance

Mains: Provisions of the Data Protection Act and debate between the Right to privacy and state limit to surveillance.

Context: India’s Data Protection Act 2023 raises concerns: weak consent standards, convenience over necessity, erosion of rights, and multipurpose data use.

Introduction: India’s long-awaited data protection law, the Digital Personal Data Protection Act, 2023, has been finalized. While progress is better than inaction, a critical analysis is needed to gauge its impact on privacy rights. The effectiveness of the law hinges on two fundamental aspects: consent-based and non-consent-based use of personal data.

Standard Situations and Concerns:

• Consent Conundrum: The core challenge in data protection is defining the consent standard. Do individuals truly have a say in how their data is used? For instance, online behaviour might be scrutinized for personal profiling.
• Provisions in the Act: The law introduces provisions requiring informed consent through explicit positive actions. However, these provisions are weakened by a clause permitting data use if individuals haven’t explicitly refused consent. This phrasing implies that non-indication of refusal equates to consent, fostering ambiguity.
• Ambiguity and Confusion: The vague language raises concerns about interpreting consent standards, leading to legal confusion and business uncertainty. The weaker provision could potentially overshadow the stronger one.

Also read Digital Personal Data Protection Bill, 2022.

Balancing Convenience and Necessity:

• Navigating Public Functions: The law acknowledges that strict consent might hinder certain public functions like identity verification or welfare distribution.
• Previous Drafts vs. New Law: Earlier drafts emphasized data use without consent only if “necessary” for specific state functions. The new law alters this criterion, permitting data processing if it is “for” certain legitimate uses, not strictly required necessity.
• Impact on Privacy: This subtle wording shift significantly impacts the level of privacy protection by allowing convenience-driven data processing rather than necessitated use.

Rights Erosion and Lack of Control:

• Notification and Correction Rights: When data is used without consent, individuals remain uninformed and lack the right to rectify incorrect or unnecessary data. The inability to correct or erase non-consensual data undermines informational privacy principles.
• Data Multipurpose Use: The law allows data collected for one non-consensual purpose to be freely used for other purposes. This contradicts established principles like necessity and purpose limitation upheld by the Indian Supreme Court.

Broader Concerns and Conclusion:

• Deeper Concerns: Critics highlight concerns about the law’s impact on rights to information, free speech, surveillance reform, and regulatory structure.
• Policy Choices Over Legalities: While some might view the issues discussed as mere legal details, they represent deliberate policy choices that erode potential privacy rights.
• Enhancing Data Protection: To ensure the data protection law effectively safeguards personal information, addressing these flaws and ambiguities becomes imperative.

Nut Graf: Data Protection Act 2023, through its word choices and provisions, introduces ambiguities that could undermine privacy rights. Balancing convenience with necessity, notification rights, and data multipurpose use raise concerns about its effectiveness. It’s crucial to address these issues to create a more robust and meaningful data protection framework.

3. Is there a need to replace the IPC, the CrPC and the Evidence Act?

Syllabus: Important Aspects of Governance, Transparency and Accountability

Mains: Need for criminal law reform and provision of the  recent bill introduced

Context: Proposed Bills replacing IPC, CrPC, and Evidence Act spark debate on modernization, ambiguity, police powers, gender issues, and impact on precedents.

Introduction: Bills to Replace IPC, CrPC, and Evidence Act

• On August 11, 2023, Union Home Minister Amit Shah introduced three Bills in the Lok Sabha with the aim of replacing the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act. 
• These proposed changes have prompted discussions about the necessity of such replacements, the potential misuse of existing laws, and the implications of the new Bills. 

Need for Change: Reflecting Changing Values

• Changing Societal Dynamics: The current laws – IPC, CrPC, and Evidence Act – have been operational for decades but may not fully align with evolving societal values and democratic aspirations.
• Modernization Efforts: The proposed Bills seek to align the laws with contemporary realities. For example, the Bharatiya Nyaya Sanhita Bill amends 175 sections, introduces 8 new sections, and repeals 22 sections of the IPC to reflect these changes.

Read more on Indian Evidence Act.

Concerns and Ambiguities in the New Bills

• Detention Without Charges: One contentious point is the extension of detention without charges from 60 to 90 days in the new Code of Criminal Procedure. This raises questions about the balance between security concerns and individual rights.
• Police Discretion and Use of Force: The new CrPC grants discretionary powers to the police, allowing actions like handcuffing, arrest of women after sunset under exceptional circumstances, and use of force during arrests. This discretion could potentially legitimize encounters and violence.
• Custodial Period: The Bharatiya Nyaya Sanhita Bill proposes an extended custodial period of up to 90 days. The need for such an extension is debated, considering potential implications for due process.

Similarities and Changes in the New Bills

• Continuity of Certain Practices: Despite changes, the new Bills retain some existing practices, such as violence, detention without charges, and potential ambiguities in defining offences.
• Ambiguity in Definitions: The replacement of “sedition” with “subversive activities” and the broad definition of “terrorist acts” raise concerns about ambiguity and misuse of these terms.
• Issues of Gender and Sexual Offenses: The new laws address sexual offences against women but lack clarity on offences involving men or non-binary individuals.

Impact on Existing Precedents and Jurisprudence

• Disruption of Legal Precedents: The repeal and revocation of key provisions raise concerns about the impact on established legal precedents and case laws.
• Redefinition of Offenses: New provisions like ‘subversive activities’ and changes in numerical section references could complicate legal documentation and enforcement.

Misuse of Existing Laws: Addressing Concerns

• Prevention of Misuse: While some sections of the existing laws have been misused, it is important to address misuse without rendering the entire law irrelevant.
• Specific Changes: The removal of Section 377 pertaining to consensual sex between same-sex has been a significant step. However, concerns remain about repealing provisions without appropriate replacements.

Read more on Section 377 of IPC.

Welcome Changes in the New Bills

• Definition of Terrorism and Organized Crimes: The attempt to define terrorism and organized crimes is seen as a positive step toward addressing these issues.
• Expedited Trials: The provision for expediting trials, such as requiring judgments within 30 days after trial conclusion, and limiting adjournments to two, is welcomed for enhancing the efficiency of the criminal justice system.

Nut Graf:  The introduction of the new Bills to replace the IPC, CrPC, and Evidence Act has sparked discussions about their necessity, potential impacts, and the need for public input. While there are concerns about ambiguities, potential misuse, and disruption of legal precedents, there are also positive aspects such as attempts to modernize the laws and expedite trials. The debate surrounding these changes underscores the importance of balancing evolving societal values, individual rights, and effective law enforcement.

2. WHO chief asks nations to unlock power of traditional medicine

• Global Summit on Traditional Medicine
  • WHO Director-General Tedros Adhanom Ghebreyesus urges countries to harness the potential of traditional medicine.
  • Seeks evidence-based suggestions for a global strategy at G-20 Health Ministers’ meeting in Gandhinagar.
• Integration into National Health Systems
  • Ghebreyesus hopes the “Gujarat Declaration” will embed traditional medicine in national health systems.
  • Calls for merging traditional medicine and science to maximise its potential.
• Ayush Ministry’s Role
  • Co-hosted by Ayush Ministry, the event aims to unlock traditional medicine’s power.
  • Emphasises the importance of science-backed traditional healing practices.
• Health-Related Sustainable Development Goals
  • Health Minister Mansukh Mandaviya highlights G-20’s collective potential for the UN‘s health-related Sustainable Development Goals.
  • Envisions a world united under the ethos of “One earth, one family, one future.”
• Global Centre for Traditional Medicine
  • WHO’s Global Centre for Traditional Medicine, headquartered in Jamnagar, Gujarat, advances traditional medicine worldwide.
  • Accelerates global progress in traditional medicine practices.
• Medical Value Travel
  • Minister Mandaviya launches Advantage Healthcare India portal for medical value travel.
  • Medical value travel facilitates specialised resources and services sharing for unmet global healthcare needs.
  • Ghebreyesus suggests leveraging medical value travel for offering unique and unavailable healthcare solutions.

Q1. Consider the following statements about Amyotrophic Lateral Sclerosis (ALS):

Q2. With reference to Project 17A (Alpha) frigates, consider the following statements:

Q3. Which Indian state hosted the first WHO Traditional Medicine Global Summit in 
2023?

Q4. With reference to the Digital Personal Data Protection Act, 2023, which of the 
following statements is/are incorrect?

Q5. With reference to the Registration of Births and Deaths (Amendment) Bill, 2023, 
consider the following statements: