31 Aug 2022: UPSC Exam Comprehensive News Analysis

E. Editorials

Category: GOVERNANCE

1. Drop the phone checking, draft surveillance curbing orders

Syllabus: Important aspects of governance, transparency, and accountability.

Mains: Key concerns associated with data surveillance

Context: The Supreme Court notings of the panel’s report in the Pegasus issue.

Details:

• It is argued that the Centre and the States act like a police state in the matter of surveillance. 
• Moreover, corporations also carry out surveillance at the same level, bypassing the law. Big corporate houses snoop on competitors and activists and thereby collect huge information about “persons of interest”.

For more on Supreme Court notings, read here: 28 Aug 2022: UPSC Exam Comprehensive News Analysis

Actions taken by different countries against surveillance:

• United States of America:
  • In 1978, an eleven-member Foreign Intelligence Surveillance Court was established, when Congress enacted the Foreign Intelligence Surveillance Act (FISA). It was in reaction to political spying. Besides, a civil liberties protection officer was appointed in the U.S. Office of the Director of National Intelligence for reporting to Congress.
  • The Wiretap Act of 1986 prohibited private entities from engaging in surveillance activity. Also, the government should seek permission from a federal court to do surveillance and it should be done when there is “no other option” left. 
  • The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (or Patriot Act 2001) which was enacted to counter international terrorism, also required the approval of the court.
• Ireland:
  • The Report on Privacy was released in 1997 targetting private entities and it recommended the recognition of statutory law.
• Other examples:
  • The New South Wales Law Reform Commission, 2005 created the office of the privacy commissioner. The office consists of inspectors to investigate cases.
  • The United Nations (UN) evolved the “no secret” rules concept contributing to the development of a legal framework. It was of the view that governments citing the reason of “national interest” for doing surveillance was not good. 
  • Practice 6 of the UN Good Practices on Oversight Institutions guides that a civilian independent institution should be established. And Practice 7 empowers this institution in carrying out an investigation and having uninterrupted access to information. And, Practice 9 of the same set allows citizens to file complaints in a court.
  • In 2015, the Venice Commission Report stated that the right to privacy was not good enough in the evolving context. The report supported independent control and oversight including checking the executive, parliamentary oversight, judicial review as well as oversight by expert bodies.

Concerns in India:

• Indian authorities authorize around 9,000 interception orders monthly, and these orders are issued by police officers rather than courts. 
• Facial recognition technology that is considered to be violative of human rights is used in India, without any protest. However, its usage was stopped both in the United States and the European Union. 
• A digital surveillance research agency ‘The Citizen Lab’ (based in Canada), published a report saying that software like “Blue Coat devices” and “PacketShaper” installation were found in India.
• According to another report by the same organization, “FinFisher”, a surveillance software, was found on various servers in India. 
  • FinFisher is a line of remote intrusion software whose products are marketed exclusively to intelligence and law enforcement agencies. 
  • The software was used by countries with questionable human rights records for targeted attacks against human rights campaigners. 
• The “Report of the Special Rapporteur” 2013 by the UN General Assembly reported that the Government of India has proposed to install a centralized monitoring system for routing all communications to the central government and allowing security agencies to bypass the service provider. This would take surveillance out of the realm of judicial authorization and eliminate accountability of the State. 
• The Guardian published a news article in 2013 placing India in the fifth position among countries where a huge amount of intelligence was gathered.
• In 2014, the Delhi police issued a tender to invite technology companies to supply Internet monitoring equipment. 
• A report was published by the Centre for Internet and Society, India, in 2014, which discussed the activities of an Indian company, ClearTrail Technologies that was engaged in mass monitoring and deep packet inspection.
• The Justice B.N. Srikrishna Committee report of 2018, stated that “much intelligence gathering does not happen under the remit of the law, there is little meaningful oversight and there is a vacuum in checks and balances to prevent the untrammeled rise of a surveillance society”.

Also read: Facial Recognition – Uses & Concerns: RSTV – Big Picture

Nut Graf: The Supreme Court should analyze the extensive precedents abroad and come up with binding orders to curtail unlawful surveillance by the Government as well as private parties.

Category: INTERNATIONAL RELATIONS

1. The many ways of helping Sri Lanka

Syllabus: India and Neighborhood relations

Mains: India- Sri Lanka relations

Context: Sri Lanka’s economic crisis.

Details:

• The civilians and the government authorities of Sri Lanka are tremendously appreciative of India’s response to the economic crisis of the island nation.
• India has provided assistance of nearly $4 billion to Sri Lanka.
• However, India’s engagement with Sri Lanka should not be restricted to liberal loans and should cover more dimensions.

For more information on India- Sri Lanka relations check the linked article.

Areas of engagement for the future:

• India can share technical expertise/knowledge, and help the country in upgrading skills in various areas of economic activity.
• Agriculture and allied activities: It is an area where India can make a significant difference.
  • For example, Sri Lanka imports dairy products worth $315 million annually. 
    • The country’s self-sufficiency in the dairy sector would not only have saved precious foreign exchange but also would have reduced the despondency of the citizens during the peak of the economic crisis.  
    • Moreover, Sri Lanka’s climatic conditions, with an average annual rainfall of nearly 185 cm show its enormous potential in the dairy sector, which is still untapped. 
  • Similarly, the poultry sector deserves special focus as it is unable to come to terms with rising input costs and faces shortages of veterinary medicines. 
    • The domestic production of maize, which is the most common primary ingredient of poultry feed, is still low in production. 
    • India through its agricultural universities can share its knowledge to help increase production as well as productivity.
  • Agricultural machinery is another area where India can provide help to Sri Lanka.
• Energy: India’s participation in energy projects will be desirable, considering how the problem unfolded in this sector on the island. But participation in this sector is equally dependent on Sri Lanka’s political leadership’s response. 
• MSME sector: India can provide technological leverage to the MSME sector of Sri Lanka. As it has not achieved its potential as per the annual report of the Central Bank of Sri Lank, 2021, India can provide help through ‘Digital MSME’ and ‘RAMP’ (Raising and Accelerating MSME Performance) programmes.
• School education: This is another area where India’s presence can help a lot. 
  • India can provide help in establishing modern computer labs and smart classrooms, especially in Tamil-dominant regions. 
  • Indian universities can consider establishing satellite campuses in the neighbouring country. 
  • Moreover, a collaborative programme can be taken up for training employees of the public sector entities.
• Cultural Front: India can provide help in this aspect by allowing more Buddhist monks to visit religious places in Sri Lanka.
• India should give special assistance to the Northern and Eastern Provinces as these areas are inhabited by the Tamil and Muslim ethnic minorities, and are badly hit.

Also read: Sri Lankan Civil War

Nut Graf: There is much greater scope for India to engage with its southern neighbour in a constructive way. A politically and economically stable neighbour will be in India’s interest too, as Sri Lanka is known for performing much better than other neighbouring countries of India.

2. Floods and foes

Syllabus: India and Neighborhood relations

Mains: Pakistan Floods

Context: Pakistan affected by a natural disaster – Floods.

Details:

• Pakistan is facing the worst natural disasters in the form of floods. 
• Around 1,100 people have already died, and approximately 33 million people have been affected.
• According to the officials, one-third of Pakistan is affected by floods and there is economic damage of about $10 billion to houses, roads, and infrastructure.
• The floods have also impacted the standing crops, and as the waters recede, fears of food shortages, as well as disease spread, are expected to rise.
• UN Secretary-General appealed for aid to Pakistan, which has been hit by “monsoon on steroids”, indicating unnatural climatic patterns reflective of global warming and climatic change.

Measures taken to mitigate the impact of floods:

• China, the UAE, the U.K., the U.S., Qatar, and Turkey have dispatched aid to the flood-hit country.
• The International Monetary Fund has announced a $1.1 billion bailout tranche as part of ongoing negotiations with Pakistan which is already facing an economic crisis. 
• Pakistan Finance Minister has proposed to lift the trade ban imposed on India after the Jammu-Kashmir reorganization in 2019, so that import of Indian vegetables and essential commodities can be eased. 

Opportunity for India-Pakistan relations:

• Despite the poor relations, both India and Pakistan must put aside their domestic considerations, and India should provide help to those stranded due to floods. 
• India should take the responsibility of being a “first responder” just as it did with Afghanistan, Nepal, Sri Lanka, and the Maldives. 

Read more on India – Pakistan relations in the linked article.

Nut Graf: It would be tragic if enmity comes between the two neighbouring countries at this time of crisis. The political leadership of both nations should discuss ways to mitigate the catastrophe at hand.

Q1. Consider the following statements with regards to PARAKH: (Level – Medium)

Q2. Consider the following statements with respect to La Nina: (Level – Easy)

Q3. Consider the following statements with regards to IAEA: (Level – Medium)

Q4. ‘Man of the Hole’, recently seen in the news, belongs to which of the following 
nations? (Level – Easy)

Q5. According to India’s National Policy on Biofuels, which of the following can be used 
as raw materials for the production of biofuels? (Level – Difficult)

I. UPSC Mains Practice Questions

1. Why are Sections 6 to 10 of the Special Marriage Act under scrutiny? How are these provisions being misused? (250 words; 15 marks) (GS Paper 2/Polity and Governance)
2. As Sri Lanka faces its gravest economic crisis, examine the ways in which India can further help the country. (250 words; 15 marks)(GS Paper 2/International Relations)