Recently, the Personal Data Protection Bill, 2019 was introduced in Parliament. The Bill has been referred to a Joint Parliamentary Committee for detailed examination, and the report is expected by the Budget Session, 2020. The Bill seeks to provide for protection of personal data of individuals, create a framework for processing such personal data, and establishes a Data Protection Authority for the purpose. In this blog, we provide a background to the 2019 Bill, and explain some of its key provisions.
What is personal data and data protection? Data can be broadly classified into two types: personal and non-personal data. Personal data pertains to characteristics, traits or attributes of identity, which can be used to identify an individual. Non-personal data includes aggregated data through which individuals cannot be identified. For example, while an individual’s own location would constitute personal data; information derived from multiple drivers’ location, which is often used to analyse traffic flow, is non-personal data. Data protection refers to policies and procedures seeking to minimise intrusion into the privacy of an individual caused by collection and usage of their personal data.
Why was a Bill brought for personal data protection? In August 2017, the Supreme Court held that privacy is a fundamental right, flowing from the right to life and personal liberty under Article 21 of the Constitution. The Court also observed that privacy of personal data and facts is an essential aspect of the right to privacy. In July 2017, a Committee of Experts, chaired by Justice B. N. Srikrishna, was set up to examine various issues related to data protection in India. The Committee submitted its report, along with a Draft Personal Data Protection Bill, 2018 to the Ministry of Electronics and Information Technology in July 2018. The Statement of Objects and Reasons of the Personal Data Protection Bill, 2019 states that the Bill is based on the recommendations of the report of the Expert Committee and the suggestions received from various stakeholders.
How is personal data regulated currently? Currently, the usage and transfer of personal data of citizens is regulated by the Information Technology (IT) Rules, 2011, under the IT Act, 2000. The rules hold the companies using the data liable for compensating the individual, in case of any negligence in maintaining security standards while dealing with the data. The Expert Committee in its report, held that while the IT rules were a novel attempt at data protection at the time they were introduced, the pace of development of digital economy has shown its shortcomings.3 For instance, (i) the definition of sensitive personal data under the rules is narrow, and (ii) some of the provisions can be overridden by a contract. Further, the IT Act applies only to companies, not to the government.
What does the Personal Data Protection Bill provide? The Bill regulates personal data related to individuals, and the processing, collection and storage of such data. Under the Bill, a data principal is an individual whose personal data is being processed. The entity or individual who decides the means and purposes of data processing is known as data fiduciary. The Bill governs the processing of personal data by both government and companies incorporated in India. It also governs foreign companies, if they deal with personal data of individuals in India.
Will individuals have rights over their data? The Bill provides the data principal with certain rights with respect to their personal data. These include seeking confirmation on whether their personal data has been processed, seeking correction, completion or erasure of their data, seeking transfer of data to other fiduciaries, and restricting continuing disclosure of their personal data, if it is no longer necessary or if consent is withdrawn. Any processing of personal data can be done only on the basis of consent given by data principal.
Are there any restrictions on processing of an individual’s data? The Bill also provides for certain obligations of data fiduciaries with respect to processing of personal data. Such processing should be subject to certain purpose, collection and storage limitations. For instance, personal data can be processed only for specific, clear and lawful purpose. Additionally, all data fiduciaries must undertake certain transparency and accountability measures such as implementing security safeguards and instituting grievance redressal mechanisms to address complaints of individuals. Certain fiduciaries would be notified as significant data fiduciaries (based on certain criteria such as volume of data processed and turnover of fiduciary). These fiduciaries must undertake additional accountability measures such as conducting a data protection impact assessment before conducting any processing of large scale sensitive personal data (includes financial data, biometric data, caste, religious or political beliefs).
What is the grievance redressal mechanism if the above restrictions are not followed? To ensure compliance with the provisions of the Bill, and provide for further regulations with respect to processing of personal data of individuals, the Bill sets up a Data Protection Authority. The Authority will be comprised of members with expertise in fields such as data protection and information technology. Any individual, who is not satisfied with the grievance redressal by the data fiduciary can file a complaint to the Authority. Orders of the Authority can be appealed to an Appellate Tribunal. Appeals from the Tribunal will go to the Supreme Court.
Are there any exemptions to these safeguards for processing of personal data? Processing of personal data is exempt from the provisions of the Bill in some cases. For example, the central government can exempt any of its agencies in the interest of security of state, public order, sovereignty and integrity of India, and friendly relations with foreign states. Processing of personal data is also exempted from provisions of the Bill for certain other purposes such as prevention, investigation, or prosecution of any offence, or research and journalistic purposes. Further, personal data of individuals can be processed without their consent in certain circumstances such as: (i) if required by the State for providing benefits to the individual, (ii) legal proceedings, (iii) to respond to a medical emergency.
Is the Bill different from the draft Bill suggested by the Expert Committee? The Bill has made several changes from the draft Bill. For instance, the Bill has added a new class of significant data fiduciaries, as social media intermediaries. These will include intermediaries (with users above a notified threshold) which enable online interaction between users. Further, the Bill has expanded the scope of exemptions for the government, and additionally provided that the government may direct data fiduciaries to provide it with any non-personal or anonymised data for better targeting of services.
In a follow-up blog, we will provide a detailed comparison of the key provisions of this Bill with the Draft Personal Data Protection Bill 2018, released by the Justice B. N. Srikrishna Committee.
The first tripartite Memorandum of Agreement was signed between the department of Fisheries Government of India, NARBARD and the Government of Tamil Nadu for the implementation of Fisheries and Aquaculture Development Fund (FIDF). Speaking on the occasion Shri Giriraj Singh, Union Minister for Fisheries, Animal Husbandry and Dairying said that a dedicated fund has been created namely the Fisheries and Aquaculture Infrastructure Development Fund with a total of Rs. 7522.48 crore to address the infrastructure requirement for fisheries sector. He urged the coastal states to pay attention to deep sea fishing, post harvesting, cage culture and export promotion. FIDF provides concessional finance to the eligible entities, cooperatives, individuals and entrepreneurs for development of identified fisheries infrastructure. The National Bank for Agriculture and Rural Development (NARBARD), National Cooperatives Development Corporation (NCDC) and all scheduled banks are Nodal Loaning entities (NLEs) to provide concessional finance under the (FIDF).
The Department of Fisheries, Ministry of Fisheries, Animal Husbandry and Dairying under the FIDF provides interest subvention up to 3% per annum for providing the concessional finance by the NLEs at the interest rate not lower than 5% per annum.
The Government of Tamil Nadu has signed the first Tripartite MoA for availing the initial concessional finance of Rs 420 crore from NARBARD for development of three fishing harbours in the State namely, (i) Tharangampadi in Nagapattinam Ditrict, (ii) Thiruvottriyur Kuppam in Tiruvallur District and (iii) Mudhunagar in Cuddalore District. These will create safe landing and berthing facilities for a large number of fishing vessels plying in the area, augment fish production in the regions, facilitate hygienic post–harvest handling of fish, stimulate growth of fisheries related economic activites and employment opportunities.
NABARD as one of the Nodal Loaning Entities (NLEs) provides concessional finance for development of fisheries infrastructure facilities through State Governments/State Entities under the FIDF, after execution of the Tripartite MoA. Proposals to the tune of Rs.1715.04 crore received from various State Governments and other Eligible Entities (EEs) have been recommended as date by the Central Approval and Monitoring Committee constituted in the Department for consideration under FIDF. The project proposals of Government of Tamil Nadu and Andhra Pradesh for development of fishing harbours in their respective States form the major part of these recommended projects.
Child Development, protection and Welfare In order to ensure development, care and protection of children through cross-cutting policies and programmes the Ministry of Women and Child Development has undertaken various measures to spread awareness about child rights and facilitate access to learning, nutrition, institutional and legislative support for enabling children to grow and develop to their full potential.
WCD Ministry launches Bharatiya Poshan Krishi Kosh The Union Minister of Women and Child Development (WCD) and Textiles, Smriti Zubin Irani, along with Bill Gates, co-chair of Bill & Melinda Gates Foundation launched the Bharatiya Poshan Krishi Kosh (BPKK) on November, 18, 2019 in New Delhi. The BPKK will be a repository of diverse crops across 128 agro-climatic zones in India for better nutritional outcomes.
At the behest of the Ministry of WCD the Harvard Chan School of Public Health through its India Research Center and the Bill and Melinda Gates Foundation will document and evaluate promising regional dietary practices and the messaging around them and develop a food atlas on regional agro-food systems. Both efforts are aimed at mobilizing the diverse sectors of the society.
In consultation with Ministry of WCD and Bill & Melinda Gates Foundation, the project team will select around 12 high focus states which are representative of the geographical, social, economic, cultural and structural diversities of India. In each of the states or group of states the team will identify a local partner organization which has relevant work experience in Social and Behavior Change Communication (SBCC) and nutrition for developing the food atlas.
September 2019 celebrated as POSHAN Maah POSHAN Maah was celebrated in September this year and in one month 36 million POSHAN related activities were held across the country. During POSHAN Maah 1.3 million Anganwadi workers, 1.2 million Anganwadi helpers and state agencies reached out to 85 million beneficiaries.
Fund allocation under POSHAN Abhiyaan has increased in the last 3 years from Rs. 950.00 crore in 2017-18 to Rs. 3061.30 crore in 2018-19 and to Rs. 3400.00 crore in 2019-20.
There is no provision under the POSHAN Abhiyaan to provide nutritious food. Providing Supplementary Nutrition is a part of Anganwadi Services scheme. POSHAN Abhiyaan ensures convergence of various nutrition related schemes/interventions of various line Ministries.
Software and dashboard for POSHAN Abhiyaan POSHAN Abhiyaan empowers the frontline functionaries like Anganwadi Workers and Lady Supervisors by providing them with smart phones. ICDS-Common Application Software have been developed under POSHAN Abhiyaan which enables data capture, ensures assigned service delivery and prompts for interventions wherever required.
This data/information is then made available on web-based ICDS-CAS dashboard on a near real time basis, for monitoring, to the supervisory staff at Block, District, State and National level, for action and decision making at their end. The dashboard displays data and provides reports on various programme areas to the administrative officers to interpret and use the information for improving service delivery.
The goal of Poshan Abhiyaan is to achieve improvement in nutritional status of Children (0-6 years) and Pregnant Women and Lactating Mothers (PW&LM) in a time bound manner in next three years period beginning 2017-18 with fixed targets as under:
For achieving the above targets, Poshan Abhiyaan is to ensure convergence of all nutrition related schemes of the Ministry of Women and Child Development on the target population. This includes convergence of Anganwadi Services, Pradhan Mantri Matru Vandana Yojana, Scheme for Adolescent Girls of Ministry of Women & Child Development; Janani Suraksha Yojana (JSY), National Health Mission (NHM) of Ministry of Health and Family Welfare, Swachh Bharat Mission of Ministry of Jal Shakti; Public Distribution System (PDS) of Ministry of Consumer Affairs, Food & Public Distribution (CAF&PD), Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS) of Ministry of Rural Development (MoRD) and other programmatic interventions of Department of Drinking Water and Sanitation, Ministry of Panchayati Raj, Ministry of Tribal Affairs and Ministry of Housing and Urban Affairs. Convergence Action Plan guidelines in this regard have been issued to all the States/UTs and line Ministries.
The approved budget of Poshan Abhiyaan for a period of three years is Rs. 9046 crore. A sum of Rs. 3400 crore has been allocated for Poshan Abhiyaan for the year 2019-20.
POSHAN Anthem Vice President of India, M. Venkaiah Naidu launched the POSHAN Anthem on 3rd December 2019. The aim of the POSHAN Anthem is to inspire people to join the movement to fight the scourge of malnutrition. Speaking on this occasion the Vice President of India congratulated Prasoon Joshi and Shankar Mahadevan, the lyricist and music composer and singer of the anthem and hoped that through this song the message of nutrition will reach each and every corner of the country. He appreciated the efforts of the Ministry of Women and Child Development in using innovative tools to take the message of nutrition to all citizens of India. The Vice President also urged that the anthem may be sung in as many regional languages as possible so that it becomes a song of the people. The overriding priority of all legislators, administrators, civil society activists and citizens must be to ensure that all children of the country get the best possible childhood added the Vice President. He further said that the 1.3 million Anganwadi workers are the nutrition warriors and change agents who are at the forefront of this battle against malnutrition. He hoped that the song will become an anthem and lead to a nutrition revolution to transform India in to a malnutrition free country by 2022.
Protection of Children from Sexual Offences (POCSO) Section 28 of the POCSO Act 2012 provides for establishment of Special Courts for the purpose of providing speedy trial. Further, Section 35 of the POCSO Act provides that the evidence of the child shall be recorded within a period of thirty days of the Special Court taking cognizance of the offence and reasons for delay, if any, shall be recorded by the Special Court. Further, Section 35 also lays down that the Special Court shall complete the trial, as far as possible, within a period of one year from the date of taking cognizance of the offence.
The Government of India has taken the following steps to ensure speedy dispensation of justice: In furtherance to The Criminal Law (Amendment) Act, 2018, the Government has finalized a scheme in August, 2019 for setting up of total of 1023 Fast Track Special Courts (FTSCs) across the country for expeditious trial and disposal of pending cases pertaining to rape and POCSO Act, 2012, in a time-bound manner under Centrally Sponsored Scheme. The Scheme is for one year spread over two financial years i.e.2019-20 and 2020-21.
The Criminal Law (Amendment) Act, 2013 was enacted for effective deterrence against sexual offences. Further, the Criminal Law (Amendment) Act, 2018 was enacted to prescribe even more stringent penal provisions including death penalty for rape of a girl below age of 12 years. The Act also inter-alia mandates completion of investigation and trials within 2 months each.
A “National Database on Sexual Offenders” has been launched on 20th September, 2018 to facilitate investigation and tracking of sexual offenders across the country by law enforcement agencies.
An online analytic tool for police called “Investigation Tracking System for Sexual Offences” has been launched on 19.02.2019 to monitor and track time-bound investigation on sexual assault cases in accordance with the Criminal Law (Amendment) Act, 2018.
In order to improve investigation, steps have been taken to strengthen DNA analysis units in Central and State Forensic Science Laboratories. This includes setting up of a State-of-the-Art DNA Analysis Unit in Central Forensic Science Laboratory, Chandigarh.
Guidelines have been notified for collection of forensic evidence in sexual assault cases and the standard composition in a Sexual Assault Evidence Collection Kit. A total number of 6023 officers have been trained by the Bureau of Police Research and Development (BPR&D) and Lok Nayak Jayaprakash Narayan National Institute of Criminology and Forensic Science. BPR&D has distributed 3,120 Sexual Assault Evidence Collection Kits to State Governments/UT Administration as orientation kit as part of training.
A scheme namely Cyber Crime Prevention against Women and Children (CCPWC) has been approved under which an online cybercrime reporting portal (www.cybercrime.gov.in) has been launched on 20th September, 2018 to enable public to report complaints pertaining to child pornography/ child sexual abuse material, rape/gang rape imageries or sexually explicit content.
Women empowerment and protection Empowered women living with dignity and contributing as equal partners in development in an environment free from violence and discrimination; and, well-nurtured children with full opportunities for growth and development in a safe and protective environment
Promoting social and economic empowerment of women through cross-cutting policies and programmes, mainstreaming gender concerns, creating awareness about their rights and facilitating institutional and legislative support for enabling them to realize their human rights and develop to their full potential.
Strengthening of AHTUs & WHDs in States Across the Country The Empowered Committee (EC) under Nirbhaya Framework, chaired by Secretary, Ministry of Women and Child Development, recommended setting up of Anti-Human-Trafficking-Units (AHTUs) at the cost of Rs. 100 crores for safety and security of women and girl victims of trafficking.
100% cost of setting up of these AHTUs has been recommended to be borne by the Central Government under Nirbhaya Fund as per the MHA proposal. The EC has also suggested that psycho-social counselling and legal counselling and aid should be made available through these AHTUs to the beneficiaries.
The EC also recommended setting up of Women Help Desks (WHDs) in Police Stations in all States and UTs at cost of Rs. 100 crores to be funded 100% by the Central Government under Nirbhaya Fund. WHDs will be gender sensitive desks for grievance redressal of women through the policing system, as well as catalysts for improved community interaction of the police with focus on crime against women and children. The desks will also help create a conducive atmosphere for distressed women and girls to approach the police stations without any hesitation and fear.
The EC has suggested that these WHD should preferably be headed by women police officers not below the rank of Head Constables, and preferably by women officers not below the ranks of JSI or ASI. Further, training, orientation and sensitization of both men and women police officials working at or in relation to WHDs at police stations, should also be taken up.
Presently, WHDs have been approved for ten thousand police stations. However, the EC has suggested that the facility may be expanded to all the police stations in the country over a period of time or in phases.
Pradhan Mantri Matru Vandana Yojana Pradhan Mantri Matru Vandana Yojana Reaches One Crore Beneficiaries Pradhan Mantri Matru Vandana Yojana (PMMVY), a flagship scheme of the Government for pregnant women and lactating mothers has achieved a significant milestone by crossing one crore beneficiaries. The total amount disbursed to the beneficiaries under the scheme has crossed Rs. 4,000 crores.
PMMVY is a direct benefit transfer (DBT) scheme under which cash benefits are provided to pregnant women in their bank account directly to meet enhanced nutritional needs and partially compensate for wage loss. Implementation of the scheme started with effect from 01.01.2017. Under the ‘Scheme’, Pregnant Women and Lactating Mothers (PW&LM) receive a cash benefit of Rs. 5,000 in three instalments on fulfilling the respective conditionality, viz. early registration of pregnancy, ante-natal check-up and registration of the birth of the child and completion of first cycle of vaccination for the first living child of the family. The eligible beneficiaries also receive cash incentive under Janani Suraksha Yojana (JSY). Thus, on an average, a woman gets Rs. 6,000.
One Stop Centre (OSC) Scheme Indira Gandhi Matritva Sahyog Yojana (IGMSY) has been discontinued on 31st March 2017. The One Stop Centre (OSC) Scheme provides a range of services including police facilitation, medical aid, psycho-social counselling, legal counselling and temporary shelter to women affected by violence in an integrated manner under one roof. So far 728 OSCs have been sanctioned and 595 OSCs have started operations.
Recognizing the need to prevent women from exploitation and to support their survival and rehabilitation, the scheme of Short Stay Home for women and girls was introduced as a social defence mechanism, by the then Department of Social Welfare in 1969.
The scheme is meant to provide temporary accommodation, maintenance and rehabilitative services to women and girls rendered homeless due to family discord, crime, violence, mental stress, social ostracism or are being forced into prostitution and are in moral danger. Another scheme with the similar objectives namely Swadhar was launched by the Department of Women and Child Development in 2001-02 for women in difficult circumstances. The scheme through the provisions of shelter, food, clothing, counselling, training, clinical and legal aid aims to rehabilitate women in difficult circumstances. Centre for Market Research and Social Development, New Delhi conducted an evaluation in 2007 to assess the performance of both the schemes. The evaluation report while citing the effectiveness and positive impact of measures adopted under the schemes for counselling and rehabilitation found that the profile and category of residents, admission procedure, counselling, quality of service, vocational training, rehabilitation and follow up procedure are almost similar in both the schemes. It, therefore, recommended merger of these two schemes for better functioning and outcomes with lesser administrative burdens and procedures. There were total number of 307 Short Stay Homes and 311 Swadhar Grehs functioning in the year 2013-14.
The Guidelines and SOP for the OSCs have been circulated to all the States/ UTs and districts for effective implementation of One Stop Centre (OSC) scheme. Awareness generation programmes related to One Stop Centre scheme are conducted by State Governments/ UT Administrations from time to time.
Nirbhaya Fund Government of India has set up a dedicated fund called Nirbhaya Fund for implementation of initiatives aimed at enhancing the safety and security of women in the country. Under the Nirbhaya Fund, the proposed projects should have the features like direct impact on safety and security concerns of women, optimum use of existing infrastructure, innovative use of technology, no duplication of existing government schemes/ programmes, provision for real time intervention as far as possible. strict privacy and confidentiality of women’s identity and information and defined monitoring mechanism.
The Central Ministries/Departments, States/UTs, Autonomous and other Government Bodies can submit proposals as per the prescribed procedure. As per the guidelines issued by Ministry of Finance, Ministry of Women and Child Development is the nodal authority for appraisal of the schemes/proposals received under Nirbhaya Fund. An Empowered Committee of officers (EC) under the Chairpersonship of Secretary, Ministry of Women and Child Development has been set up for appraising various schemes/ projects proposed to be funded from the Nirbhaya Fund.
What is Winter Solstice? The winter solstice happens every year when the Sun reaches its most southerly declination of -23.5 degrees. In other words, it is when the North Pole is tilted farthest away from the Sun, delivering the fewest hours of sunlight of the year.
The Sun is directly overhead of the Tropic of Capricorn in the Southern Hemisphere during the December solstice and is closer to the horizon than at any other time in the year. The day after the winter solstice marks the beginning of lengthening days, leading up to the summer solstice in June.
What does ‘solstice’ mean? The term ‘solstice’ derives from the Latin word ‘solstitium’, meaning ‘Sun standing still’. On this day the Sun seems to stand still at the Tropic of Capricorn and then reverses its direction as it reaches its southernmost position as seen from the Earth. Some prefer the more teutonic term ‘sunturn’ to describe the event.
Key facts: The conference was organised by the Department of Administrative Reforms and Public Grievances (DARPG), Government of India, in collaboration with the Government of Maharashtra and the Maharashtra State Commission for Right to Public Services.
Previously, the Shillong Declaration and the Jammu Resolution have been adopted for good governance.
Overview of the resolution: As per the resolution, the GOI, the Government of Maharashtra and other participating States shall collaborate to:
To empower the citizens by policy interventions for better service delivery through timely updation of citizens charters, implementation of enactments and benchmarking standards for continuous improvement; To empower citizens by adopting a bottom-up approach to bring massive improvements in quality of grievance redressal and reduction in timelines of grievance redressal;
To adopt a holistic approach of systemic public grievance reforms through improved mapping, formulation of monitoring matrix, data collection and evaluation in quality of grievance redressal; To provide an enabling environment for States and Ministries/Departments of the Government of India for creating web portals and to adopt a holistic approach for improved service delivery through digital platforms;
To focus on dynamic policy-making and strategic decisions, monitoring of implementation, appointment of key personnel, coordination and evaluation; To achieve a sense of common identity by exchange of technical expertise in the areas of Improved Service Delivery between the paired States under the Ek Bharat – Shreshth Bharat Program;
To ensure timely publication of Good Governance Index to identify the quality of governance in 10 sectors especially those pertaining to welfare and infrastructure at the Union, State and District levels.
For Prelims and Mains: Key features of the policy: Under the new policy, all the government schools will be divided into three categories – hard, middle and soft.
All new recruits will be initially given hard posting for a mandatory period of three years, including probationary posting, and subsequently middle posting for five years.
All general transfer of teachers will be made in the month of April/May through online process.
Significance: The policy will ensure need-based distribution of teachers to protect the academic interests of the students, and optimize job satisfaction among the teachers in a free and transparent manner.
What is Section 144? It gives power to a District Magistrate, a sub- divisional Magistrate or any other Executive Magistrate on behalf of the State Government to issue an order to an individual or the general public in a particular place or area to “abstain from a certain act” or “to take certain order with respect to certain property in his possession or under his management”.
This order can be passed against a particular individual or general public. The order can be passed even ex-parte. As held by the Supreme Court, mere apprehension of danger is not a sufficient ground to curb citizens’ rights by invoking Section 144 CrPC.
Implications: Section 144 restricts carrying any sort of weapon in that area where it has been imposed and people can be detained for violating it. The maximum punishment for such an act is three years.
According to the order under this section, there shall be no movement of public and all educational institutions shall also remain closed and there will be a complete bar on holding any kind of public meetings or rallies during the period of operation of this order. Section 144 also empowers the authorities to block the internet access.
Duration of Section 144 order: No order under Section 144 shall remain in force for more than two months but the state government can extent the validity for two months and maximum up to six months. It can be withdrawn at any point of time if situation becomes normal.
As per the Section, the order can be passed only “if such Magistrate considers”, that the direction is likely to prevent: obstruction, annoyance or injury to any person lawfully employed. danger to human life, health or safety. disturbance of the public tranquility, or a riot or affray.
Value addition for Mains: Test of Proportionality and the Supreme Court guidelines: The orders under this provision will lead to the infringement of fundamental rights to freedom of speech and expression, assembly and movement guaranteed under Articles 19(1)(a),(b) and (c) of the Constitution. Hence, the orders under Section 144 have to meet the test of “reasonable restrictions” as per Article 19.
To ascertain whether a restriction on liberties guaranteed under Article 19 is reasonable or not, the Supreme Court has developed the “test of proportionality”.
In the Constitution Bench decision in Modern Dental College case (2016), the SC held that a law imposing restrictions will be treated as proportional if : It is meant to achieve a proper purpose, and If the measures taken to achieve such a purpose are rationally connected to the purpose, and If such measures are necessary.
Four-fold test to determine proportionality: In Puttaswamy case (2017), the SC laid down a four-fold test to determine proportionality: A measure restricting a right must have a legitimate goal (legitimate goal stage).
It must be a suitable means of furthering this goal (suitability or rationale connection stage). There must not be any less restrictive but equally effective alternative (necessity stage). The measure must not have a disproportionate impact on the right holder (balancing stage).
So, the legality of the orders passed under Section 144 CrPC will be tested on the basis of these principles of ‘reasonableness’ and ‘proportionality’.
Concerns over its misuse: Contradictory approach of Article 19 (1) (b) and (c) of the constitution and section 144 of CrPC is a “reflection of a colonial legacy and the unquestioning adoption of most of the provisions of the 1872 Code of Criminal Procedure by the contemporary Indian State”.
More often than not, the section has been used to curb even peaceful dissent. What next? The government should make sure that there is no blanket imposition. Existing checks and balances and judicial oversight are insufficient. Therefore, a thorough review is necessary. Public order and right to peaceful dissent– both should be ensured.
Key facts: Space Force would become the youngest US military branch, and the first new service since the establishment of the US Air Force back in 1947. The Space Force would be part of the Department of the Air Force.
Functions: The main goal of the Space Force is to secure and extend American dominance of the space domain. It will organize, train, and equip military space forces.
Challenges: The fundamental difficulty of a space corps is that the physical environment of space is not conducive to the conduct of military operations without incurring serious losses in the form of spacecraft and debris. And despite efforts to make spacecraft more fuel efficient, the energy requirements are enormous.
The technical demands of defending assets in space make the possibility of dominance and space as a domain for war-fighting a sort of chimera.
Why space has become so important? Space is a “war-fighting domain” and global powers like Russia and China are already treating it as such.
Besides, the stakes are high. Much of our 21st-century economy and lifestyle — from bank transactions to weather forecasting to television service to the GPS directions — depends on satellites functioning round the clock and without interruption. The military depends on them too.
In 2007, China shot down one of its own satellites — mission accomplished in its own right, it also littered orbit with potentially destructive space debris. Many saw the operation as a veiled display of military power.
The body has usually been supportive of Pakistan and often sided with Islamabad in its disputes with India.
Background: The Citizenship Amendment Bill was passed by the Parliament and signed into law by the President this month.
According to the Citizenship Amendment Act (CAA), members of Hindu, Sikh, Buddhist, Jain, Parsi and Christian communities who have come from Pakistan, Bangladesh and Afghanistan till December 31, 2014 following religious persecution there will get Indian citizenship.
Observations made by OIC: The OIC urged the Indian government to ensure the safety of the Muslim minority and the protection of their religious sites. It also cautioned that “any action, contrary to these principles and obligations, may lead to further tensions and may have serious implications on peace and security across the region.”
About the OIC: Organisation of Islamic Cooperation is an international organization founded in 1969, consisting of 57 member states. It is the second largest inter-governmental organization after the United Nations.
The organisation states that it is “the collective voice of the Muslim world” and works to “safeguard and protect the interests of the Muslim world in the spirit of promoting international peace and harmony “. The OIC has permanent delegations to the United Nations and the European Union. Permanent Secretariat is in Jeddah, Saudi Arabia.
Significance of OIC for India: OIC’s growing economic and energy interdependence with India has become important in recent times.
That India has one of the world’s largest Muslim populations, of course, is the immediate explanation of the surprising invite for Swaraj to address the OIC.
It is observed to honor the birth anniversary of the famous mathematician Srinivasa Ramanujan who greatly contributed towards mathematical analysis, number theory, infinite series and continued fractions.
National Mathematics Day: In 2012, the Indian Government declared that 22 December will be celebrated every year as National Mathematics Day.
Highlights of Srinivasa Ramanujan’s life: In 1911, Ramanujan published the first of his papers in the Journal of the Indian Mathematical Society. Ramanujan traveled to England in 1914, where Hardy tutored him and collaborated with him in some research.
He worked out the Riemann series, the elliptic integrals, hypergeometric series, the functional equations of the zeta function, and his own theory of divergent series.
The number 1729 is known as the Hardy-Ramanujan number after a famous visit by Hardy to see Ramanujan at a hospital.
Hardy observed Ramanujan’s work primarily involved fields less known even amongst other pure mathematicians.
Ramanujan’s home state of Tamil Nadu celebrates 22 December as ‘State IT Day’, memorialising both the man and his achievements, as a native of Tamil Nadu. The Dev Patel-starrer ‘The Man Who Knew Infinity’ (2015) was a biopic on the mathematician.
The Mission Shat Pratishat was launched in September by the Punjab education department with the aim to further improve the results of government schools, as compared to the previous year.
The objective is to achieve 100 per cent result in classes 5, 8, 10, and 12 of government schools.
The department has coined a slogan: “Asambhav Nu Sambhav Banaiye, Shatpratishat Natija Liyaiye’ (Make impossible possible and secure 100 per cent results).
West African Nations Rename Common Currency- eco: Eight West African countries have agreed to change the name of their common currency to Eco.
CFA franc was their currency so far. The CFA franc was initially pegged to French franc and has been linked to euro for about two decades.
The 8 West African countries namely- Ivory Coast, Mali, Burkina Faso, Benin, Niger, Senegal, Togo and Guinea-Bissau currently use CFA France as their currency. All these countries, except Guinea-Bissau, are former French colonies.
Chilai-Kalan’: Context: The 40-day harshest winter period in Kashmir, known in the local parlance as ‘Chillai-Kalan’, has begun with the upper reaches of the valley receiving snowfall. These 40 days are when the chances of snowfall are the highest and the maximum temperature drops considerably.
Hunar Haat: Hunar Haats are organised by Ministry of Minority Affairs under USTTAD (Upgrading the Skills & Training in Traditional Arts/Crafts for Development) scheme. The USTTAD scheme aims at preserving & promoting the rich heritage of the traditional arts & crafts of the Minority communities.
Hunar Haat is an exhibition of handicrafts and traditional products made by artisans from the Minority communities. Aimed at promoting and supporting artisans from Minority communities and providing them domestic as well as international markets for displaying and selling their products.