PHONE TAPPING
- Phone tapping can only be carried out with proper legal authorization. This typically involves obtaining a warrant from designated authorities, such as the Home Secretary or the Union Home Ministry, under specific conditions outlined in the law. These conditions usually involve national security concerns, threats to public order, or in the interest of preventing a crime
- Once authorized, government agencies such as law enforcement or intelligence agencies liaise with telecom service providers (TSPs) to facilitate the interception. TSPs are required to cooperate with government agencies in providing access to the targeted communication channels
- TSPs use specialised equipment to tap into phone conversations or data transmissions. This can involve the installation of intercepting devices at various points within the telecommunications infrastructure, allowing for the monitoring of phone calls, text messages, and Internet communications
- Once intercepted, the communications are typically monitored and analyzed by designated personnel within the relevant government agencies. This may involve listening to phone calls, reading text messages, or analyzing internet traffic to gather intelligence or evidence related to the authorized investigation
- There are legal safeguards in place to prevent abuse of phone tapping powers. The intercepted communications must be used strictly for the purposes authorized by the warrant, and there are provisions for judicial oversight to ensure compliance with legal procedures and protection of individual rights to privacy
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Who Can Tap Phones?
In various states, police possess the authority to conduct phone tapping. At the national level, ten agencies are empowered to carry out such actions: the Intelligence Bureau, Central Bureau of Investigation (CBI), Enforcement Directorate, Narcotics Control Bureau, Central Board of Direct Taxes, Directorate of Revenue Intelligence, National Investigation Agency, Research and Analysis Wing (RAW), Directorate of Signal Intelligence, and the Delhi Police Commissioner. Any phone tapping conducted by unauthorized agencies is deemed unlawful. The regulations governing phone tapping in India are outlined in the Indian Telegraph Act of 1885
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- Section 5(2) of the Indian Telegraph Act of 1885 stipulates that phone tapping can be authorized by the Centre or states in cases of public emergencies or for public safety reasons, provided it is deemed necessary for maintaining public safety, national sovereignty, integrity, security, friendly relations with foreign states, public order, or preventing incitement to commit offenses.
- However, there is an exemption for the press, stating that press messages intended for publication in India from accredited correspondents to the Central or State Governments shall not be intercepted or detained unless specifically prohibited. The competent authority must document the reasons for phone tapping in writing.
- According to Rule 419A of the Indian Telegraph (Amendment) Rules, 2007, phone tapping orders can only be issued by designated government officials. Orders from the Government of India are issued by the Secretary to the Ministry of Home Affairs, while those from State Governments are issued by the Secretary in charge of the Home Department. These orders must be conveyed in writing to the service provider before phone tapping can commence.
- In exceptional circumstances, such as remote areas or operational urgencies, an authorized officer, not below the rank of a Joint Secretary to the Government of India or the State Home Secretary, may issue an order. However, in such cases, the interception must be promptly reported to the competent authority, which must approve or disapprove it within seven working days. If confirmation is not received within this period, the interception must cease.
- The duration of interception orders does not exceed 60 days unless renewed, up to a maximum of 180 days. Orders must contain reasons, and copies are forwarded to a review committee within seven days. This committee, chaired by the Cabinet Secretary at the Centre or the Chief Secretary in states, reviews interception requests regularly.
- Records related to interception orders are destroyed every six months unless required for functional purposes, and service providers are required to destroy interception-related records within two months of discontinuation. Multiple provisions aim to maintain transparency and accountability throughout the process.
- Service providers are responsible for ensuring no unauthorized interception occurs, with strict penalties, including fines or license revocation, for non-compliance. They must implement internal checks to maintain extreme secrecy and prevent unauthorized interception by their employees
The Indian Telegraph Act of 1885 holds significant historical importance in the context of India's telecommunications landscape.
Here's a brief overview of its historical background:
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Colonial Era: The Act was enacted during British colonial rule in India. It was a time when telegraphy was rapidly advancing globally and played a crucial role in communication and administration. The British colonial government in India recognized the importance of regulating telegraph services to maintain control and facilitate efficient communication across the vast territories of the Indian subcontinent.
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Consolidation of Telegraph Services: Prior to the enactment of the Indian Telegraph Act, telegraph services in India were managed by various private companies and government departments. The Act aimed to consolidate and regulate these services under a unified legal framework, providing the colonial government with the authority to oversee and manage telegraph communication effectively.
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Expansion of Telegraph Network: The late 19th century witnessed significant expansion in India's telegraph network, connecting major cities, towns, and administrative centers across the country. The Indian Telegraph Act provided the legal framework necessary for the establishment, operation, and maintenance of telegraph lines, stations, and equipment throughout British India.
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Regulation of Communication: The Act empowered the colonial government to regulate telegraph communication in India. It outlined provisions for issuing licenses, collecting fees, and enforcing regulations related to telegraphy. This regulatory framework played a crucial role in ensuring the smooth functioning of telegraph services and maintaining security and order in the colonial administration.
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Adaptation and Amendments: Over the years, the Indian Telegraph Act has undergone several amendments to keep pace with technological advancements and evolving communication needs. Subsequent amendments have expanded the scope of the Act to encompass new technologies such as telephone, internet, and digital communication, while also addressing emerging challenges related to privacy, security, and surveillance
The question of whether reforms are needed or if the Indian Telegraph Act of 1885 should be revoked entirely is a complex one, and it depends on various factors, including evolving technological advancements, legal considerations, and societal needs.
Here are some perspectives to consider:
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Reforms within the Act: The Indian Telegraph Act, despite its age, has been subject to numerous amendments over the years to accommodate changes in technology and communication practices. Reforms within the Act could focus on updating its provisions to reflect contemporary challenges such as digital communication, cybersecurity, and privacy concerns. This might involve clarifying and strengthening provisions related to data protection, surveillance, and lawful interception while safeguarding individual rights and freedoms.
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Modernization of Telecommunication Laws: Rather than revoking the Indian Telegraph Act outright, there could be a push for broader reforms aimed at modernizing telecommunication laws in India. This could involve drafting comprehensive legislation that addresses not only telegraphy but also other forms of communication such as telephone, internet, and digital platforms. Such legislation could provide a more coherent and adaptive framework for regulating modern communication technologies while upholding fundamental rights and principles.
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Enhanced Oversight and Accountability: Regardless of whether the Indian Telegraph Act is retained or replaced, there is a need for enhanced oversight and accountability mechanisms to ensure that any surveillance or interception activities conducted by authorities comply with legal standards and respect individual privacy rights. This could involve establishing independent oversight bodies or strengthening existing mechanisms for judicial review and transparency in surveillance practices.
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Public Consultation and Stakeholder Engagement: Any reforms to telecommunication laws, including the Indian Telegraph Act, should involve meaningful public consultation and engagement with relevant stakeholders, including civil society organizations, legal experts, technologists, and industry representatives. This would help ensure that any proposed changes reflect diverse perspectives and address the needs and concerns of all stakeholders.
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International Best Practices: In considering reforms to telecommunication laws, policymakers could also look to international best practices and standards for guidance. Studying the approaches adopted by other countries in regulating communication technologies and balancing security needs with individual rights could provide valuable insights for reform efforts in India
The legality of phone tapping in India must be considered within the framework of constitutional provisions, particularly Article 21 of the Indian Constitution, which guarantees the fundamental right to privacy and personal liberty. Here's an overview of how Article 21 relates to the legality of phone tapping:
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Article 21 - Right to Privacy and Personal Liberty: Article 21 of the Indian Constitution states that "no person shall be deprived of his life or personal liberty except according to procedure established by law." This provision is interpreted to encompass the right to privacy, which includes the right to confidentiality of communications.
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Scope of Article 21 in the Context of Phone Tapping: Phone tapping involves the interception of private communications, which directly implicates the right to privacy protected under Article 21. Individuals have a reasonable expectation of privacy in their communications, and any intrusion into this privacy must be justified by law and meet certain procedural safeguards.
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Legal Framework for Phone Tapping: The Indian Telegraph Act of 1885, along with subsequent amendments and rules, provides the legal framework for phone tapping in India. Section 5(2) of the Act allows for phone tapping in specific circumstances, such as public emergencies or in the interest of public safety, subject to procedural safeguards and oversight.
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Constitutional Validity of Phone Tapping: The Supreme Court of India has upheld the constitutionality of phone tapping in certain circumstances, provided it is carried out in accordance with law and procedural safeguards. In the landmark case of K.S. Puttaswamy v. Union of India (2017), the Supreme Court recognized the right to privacy as a fundamental right under Article 21 and emphasized the need for strict adherence to legal requirements and safeguards in cases involving intrusion into privacy, including phone tapping.
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Procedural Safeguards and Judicial Oversight: To ensure the legality of phone tapping, it must be authorized by competent authorities under the Indian Telegraph Act, and specific procedural safeguards must be followed. This includes obtaining prior authorization from designated officials, recording reasons for phone tapping, and judicial oversight to prevent abuse of power.
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Balancing Privacy and State Interests: While Article 21 protects the right to privacy, it also allows for reasonable restrictions on this right in the interest of state security, public order, and preventing crime. The legality of phone tapping depends on striking a balance between individual privacy rights and legitimate state interests, with the requirement that any intrusion into privacy be proportionate, necessary, and authorized by law
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For Prelims: Indian Polity and Governance
For Mains: General Studies II: Government policies and interventions for development in various sectors and issues arising out of their design and implementation
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Previous Year Questions
1.As per the interpretation by the Supreme Court of India, tapping of phone calls infracts the fundamental right provided in Article ________ of the Constitution.(SSC CPO 2019)
A.24
B.21
C.22
D.25
Answer (B)
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MONETARY POLICY COMMITTEE (MPC)
Monetary policy refers to the actions and strategies undertaken by a country's central bank to control and regulate the supply of money, credit availability, and interest rates in an economy. Its primary goal is to achieve specific economic objectives, such as price stability, full employment, and sustainable economic growth.
Central banks use various tools to implement monetary policy, including:
Interest Rates: Adjusting the interest rates at which banks lend to each other (known as the federal funds rate in the United States) influences borrowing and spending in the economy.
Open Market Operations: Buying or selling government securities in the open market to regulate the money supply. When a central bank buys securities, it injects money into the system, and when it sells them, it reduces the money supply.
Reserve Requirements: Mandating the amount of reserves banks must hold, affecting their ability to lend money.
By influencing the availability and cost of money, central banks aim to stabilize prices, control inflation, encourage or discourage borrowing and spending, and promote economic growth. However, the effectiveness of monetary policy can be influenced by various factors such as global economic conditions, fiscal policies, and market expectations.
3.What is the primary objective of the monetary policy?
The primary objective of monetary policy typically revolves around maintaining price stability or controlling inflation within an economy. Central banks often set an inflation target, aiming to keep it at a moderate and steady level. Stable prices help in fostering confidence in the economy, encouraging investment, and ensuring that the value of money remains relatively constant over time.
However, while controlling inflation is often the primary goal, central banks might also consider other objectives, such as:
Full Employment: Some central banks have a secondary objective of supporting maximum employment or reducing unemployment rates.
Economic Growth: Encouraging sustainable economic growth by managing interest rates and credit availability to stimulate or cool down economic activity.
Exchange Rate Stability: In some cases, maintaining stable exchange rates might be an important consideration, especially for countries with open economies heavily reliant on international trade.
These additional objectives can vary depending on the economic conditions, priorities of the government, and the central bank's mandate. Nonetheless, ensuring price stability is typically the fundamental goal of most monetary policies, as it forms the basis for a healthy and growing economy.
4. Monetary Policy Committee (MPC)
- In line with the amended RBI Act, 1934, Section 45ZB grants authority to the central government to establish a six-member Monetary Policy Committee (MPC) responsible for determining the policy interest rate aimed at achieving the inflation target.
- The inaugural MPC was formed on September 29, 2016. Section 45ZB stipulates that "the Monetary Policy Committee will ascertain the Policy Rate necessary to meet the inflation target" and that "the decisions made by the Monetary Policy Committee will be obligatory for the Bank."
- According to Section 45ZB, the MPC comprises the RBI Governor as the ex officio chairperson, the Deputy Governor overseeing monetary policy, a Bank official nominated by the Central Board, and three individuals appointed by the central government.
- The individuals chosen by the central government must possess "capabilities, ethical standing, expertise, and experience in economics, banking, finance, or monetary policy" (Section 45ZC)
- The Monetary Policy Committee (MPC) plays a crucial role in managing inflation through its decisions on the policy interest rate.
- When inflation is too high, the MPC might decide to increase the policy interest rate. This action aims to make borrowing more expensive, which can reduce spending and investment in the economy.
- As a result, it could help decrease demand for goods and services, potentially curbing inflation.
- Conversely, when inflation is too low or the economy needs a boost, the MPC might decrease the policy interest rate.
- This move makes borrowing cheaper, encouraging businesses and individuals to spend and invest more, thus stimulating economic activity and potentially raising inflation closer to the target level.
- The MPC's goal is to use the policy interest rate as a tool to steer inflation toward a target set by the government or central bank.
- By monitoring economic indicators and assessing the current and expected inflation levels, the MPC makes informed decisions to maintain price stability within the economy
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For Prelims: Economic and Social Development
For Mains: General Studies III: Indian Economy and issues relating to planning, mobilization, of resources, growth, development and employment.
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Previous Year Questions
1. Consider the following statements: (UPSC 2021)
1. The Governor of the Reserve Bank of India (RBI) is appointed by the Central Government.
2. Certain provisions in the Constitution of India give the Central Government the right to issue directions to the RBI in the public interest.
3. The Governor of the RBI draws his natural power from the RBI Act.
Which of the above statements is/are correct?
A. 1 and 2 only B. 2 and 3 only C. 1 and 3 only D. 1, 2 and 3
Answer: C
2. Concerning the Indian economy, consider the following: (UPSC 2015)
Which of the above is/are component(s) of Monetary Policy? (a) 1 only (b) 2, 3 and 4 (c) 1 and 2 (d) 1, 3 and 4 Answer: C 3. An increase in Bank Rate generally indicates: (UPSC 2013) (a) Market rate of interest is likely to fall. (b) Central bank is no longer making loans to commercial banks. (c) Central bank is following an easy money policy. (d) Central bank is following a tight money policy. Answer: (d) 4. Which of the following statements is/are correct regarding the Monetary Policy Committee (MPC)? (UPSC 2017) 1. It decides the RBI's benchmark interest rates. 2. It is a 12-member body including the Governor of RBI and is reconstituted every year. 3. It functions under the chairmanship of the Union Finance Minister. Select the correct answer using the code given below: A. 1 only B. 1 and 2 only C. 3 only D. 2 and 3 only Answer: A |
INDIA-FRANCE RELATIONS
1. Context
2. India and France-Historical Background
- France has had a significant impact on Indian polity. The ideals of liberty, equality, and fraternity in the Preamble of the Indian Constitution have been borrowed from the French. India has been constituted into a ‘Republic’. This word too has been borrowed from France.
- India and France have been ‘Strategic Partners’ since 1998, ever since an agreement was signed in the same year between the two nations.
- Ever since, this strategic dialogue has evolved to include diverse areas like nuclear technology, defence partnership including maritime cooperation, cyber security, and space technology amongst others.
- This relationship needs to be closely watched and could emerge as a partnership, sans any issues and challenges.
3. The strategic partnership between the two Nations
Defence/Strategic Ties:
- India has signed a ‘Strategic Agreement’ with more than 35 countries but the deal signed with France in 1998 remains unique. While many other partnerships have run into trouble or are clouded by differences over various issues, the partnership has been growing with France.
- The area of cooperation now extends to technologies related to Nuclear energy, space, defence, cyber security, intelligence-sharing, and counter-terrorism amongst others.
France has supported India in its ‘Make in India’ program and extended its support to all forms of defence manufacturing. - France is a critical partner of the Indian Navy in its P 75I Program which seeks to build 24 naval submarines by 2030, 18 of which will be conventional and 6 shall be nuclear.
- 36 Rafale Fighter Jets will be handed over to the Indian Air Force soon. Already, during the Galwan Valley dispute with China, a few jets were handed over to India.
- As far as the Joint Exercises between the Armed Forces are concerned: Varuna 1, Garuda 2, and Shakti 3 have been held regularly.
- Earlier, the Cyber Security and Digital technology roadmap had been agreed to by both sides. This entails cooperation in the field of emerging technologies such as Artificial Intelligence, Super Computing and Machine Learning amongst others.
- Recently, an Agreement between the Centre for Development of Advance Computing (C-DAC) and ATOS for cooperation in quantum computing, AI and supercomputing is signed.
- France also supports India in its bid for permanent membership of the United Nations Security Council.
- With the assistance and support of France, India became a member of various non-proliferation groups such as the Wassenaar group (2017), NSG, Missile Technology Control Regime (2016) and the Australia Group (2018).
- France has also opposed many of the unsustainable projects being executed under China’s One Belt One Road (OBOR) initiative.
4. Other areas that can be explored in Strategic Partnership:
- India and France can cooperate in other areas such as the Afghan peace deal which is under considerable strain as the US selfishly leaves the region. Indian interests are expected to be 164 affected as Pakistan state-sponsored terrorists run amok in Kabul and other cities. It is here that India and France can step in along with other nations and forge a partnership.
- Another area that is of mutual interest to both nations is Iran. France supported the Joint Comprehensive Plan of Action in 2015 along with the US and other nations. India which faced the fear of attracting sanctions under the US legislation ‘Countering American Adversaries Through Sanctions Act (CAATSA)’ reduced its oil imports and delayed its other connectivity projects in Iran. This deal in 2015 brought a sigh of relief to India. However, this was short-lived as in 2018, the US pulled out of the deal. India once again faces the fear of CAATSA.
- In the year 2016, India and France signed a ‘White shipping agreement’ to encourage the movement of commercial ships.
- One potential area of cooperation exists in the Indo-Pacific region. France can join the ASEAN nations and the QUAD grouping in ensuring that freedom of navigation on the high seas is protected.
5. What is the Bastille Day celebration?
- Bastille Day, also known as French National Day or La Fête Nationale, is a significant celebration in France that commemorates the storming of the Bastille prison on July 14, 1789.
- This event marked a pivotal moment in the French Revolution and the beginning of the end of absolute monarchy in France. Bastille Day is celebrated annually on July 14th and is a symbol of French unity, liberty, and national pride.
- Bastille Day commemorates the storming of the Bastille prison, which was seen as a symbol of royal authority and tyranny. The event marked the uprising of the French people against the monarchy and served as a catalyst for the French Revolution.
- The celebration of Bastille Day involves various festivities, including parades, fireworks, concerts, and public gatherings. The largest and most renowned parade takes place on the Champs-Élysées in Paris, where military troops, historical reenactments, and public figures participate.
6. Challenges observed in the bilateral relations between India and France
- Nuclear Non-Proliferation: One challenge in the India-France relationship has been India's status as a nuclear-armed nation outside the framework of the Nuclear Non-Proliferation Treaty (NPT). France is a signatory to the NPT and has expressed concerns regarding nuclear proliferation. Balancing India's nuclear ambitions with France's commitment to non-proliferation has been an ongoing challenge.
- Defense Trade Imbalance: While defense cooperation between India and France has seen significant growth, there has been a trade imbalance in this sector. India is a major buyer of French defense equipment, including aircraft, submarines, and missiles. However, there has been limited progress in developing a more balanced trade relationship, with Indian defense exports to France being relatively modest.
- Economic and Trade Issues: Despite efforts to enhance economic cooperation, there have been some trade-related challenges. These include issues related to market access, trade barriers, and regulatory hurdles. Both countries have made efforts to address these challenges through dialogues and negotiations, but further progress is still needed to unlock the full potential of bilateral trade and investment.
- Climate Change and Environmental Concerns: Climate change and environmental sustainability have become increasingly important areas of cooperation between India and France. However, challenges exist in aligning their priorities and approaches to address climate change. India's focus on development and energy security, including its reliance on coal, may sometimes diverge from France's emphasis on clean energy and emissions reduction.
- Regional and International Dynamics: India and France have their own regional and international interests, which can sometimes create divergences or competing priorities. For example, France has historical ties and strategic interests in regions such as the Middle East and Africa, where India also has growing economic and geopolitical interests. Aligning their respective policies and approaches in these regions can be a challenge.
- Cultural Differences and Communication: Cultural differences and communication gaps can also pose challenges in bilateral relations. Differences in language, communication styles, and cultural norms can create misunderstandings or difficulties in effectively engaging with each other.
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For Prelims: Strategic Agreement, P 75I Program, Varuna 1, Garuda 2, Shakti 3, Countering American Adversaries Through Sanctions Act (CAATSA), QUAD, ASEAN, and Bastille Day.
For Mains: 1. Examine the bilateral relations between India and France, highlighting the key areas of cooperation, challenges faced, and the potential for future collaboration.(250 words).
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Previous year Questions1. Consider the following countries: (UPSC 2015)
1. China
2. France
3. India
4. Israel
5. Pakistan
Which among the above are Nuclear Weapons States as recognized by the Treaty on the Non-Proliferation of Nuclear Weapons, commonly known as the Nuclear Non-Proliferation Treaty (NPT)?
A. 1 and 2 only
B. 1, 3, 4, and 5 only
C. 2, 4, and 5 only
D. 1, 2, 3, 4 and 5
Answer: A
2. India along with which country jointly launched International Solar Alliance during the United Nations Climate Change Conference (COP21)? (KPSC 2017)
A. United Kingdom
B. France
C. United States of America
D. Germany
Answer: B
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NATIONAL TESTING AGENCY (NTA)
- The NTA administers three major undergraduate entrance exams: JEE-Main for engineering, NEET-UG for medical courses, and CUET-UG for admissions to various other undergraduate programs.
- Each year, these exams see participation from over 5 million candidates. In addition, the NTA conducts CUET-PG for postgraduate admissions, UGC-NET, and CSIR UGC-NET. UGC-NET is used to determine eligibility for junior research fellowships, assistant professorships, and PhD admissions in Indian universities and colleges.
- CSIR UGC-NET is accepted for PhD admissions in disciplines such as Chemical Sciences, Earth, Atmospheric, Ocean and Planetary Sciences, Life Sciences, Mathematical Sciences, and Physical Sciences.
- The NTA also oversees the Common Management Admission Test (CMAT), Hotel Management Joint Entrance Examination, Graduate Pharmacy Aptitude Test, and entrance exams for institutions like Delhi University, Jawaharlal Nehru University, the Indian Institute of Foreign Trade (IIFT), and the Indian Council of Agricultural Research (ICAR)
- This year, the NTA faced criticism for awarding grace marks to 1,563 NEET candidates to compensate for lost time due to examination delays at seven centres.
- This decision was challenged in the Supreme Court, with claims that it inflated scores and resulted in a record 67 candidates sharing the top rank.
- Consequently, the grace marks were withdrawn, and a retest was conducted for these candidates. Additionally, the NEET question paper was reportedly leaked, as discovered by the Bihar Police.
- The UGC-NET exam was cancelled a day after being conducted due to concerns about its integrity, with the Education Ministry confirming that the exam paper had been leaked on the darknet. As a precautionary measure, the CSIR UGC-NET was also postponed
POCSO ACT
1. Context
2. Development of Legislation Against Child Sexual Abuse in India
- The Constitution of India includes provisions to protect children's rights.
- India has ratified international instruments like the Convention on the Rights of the Child and the Protocol on the Sale of Children.
- India lacked specific legislation addressing child sexual abuse.
- Cases were tried under various provisions of the Indian Penal Code, which were deemed insufficient.
- A child sexual abuse racket was exposed in Goa during the 1990s.
- The state government responded by enacting a law in 2003 to promote child rights.
- The Special Expert Committee under Justice VR Krishna Iyer drafted the Children's Code Bill, presenting a comprehensive framework for child rights in India.
- In 2005, the Department of Women and Child Development prepared a draft bill to address different offenses targeted against children.
- Published by the Ministry of Women and Child Development.
- Covered 13 states with a sample size of 12,447 children, 2,324 young adults, and 2,449 stakeholders.
- Found that 50.76% of children surveyed reported experiencing one or more forms of sexual abuse.
- Boys reported a higher overall percentage of sexual abuse than girls, contrary to prevailing perceptions.
- In September 2010, the Ministry of Women and Child Development prepared a draft bill.
- After several revisions, it came into force as the POCSO Act on Children's Day (November 14, 2012).
3. Analysis of POCSO Act Trials and Case Characteristics
- Acquittals and Convictions: Analysis shows that 43.44% of trials under the POCSO Act end in acquittals, while only 14.03% end in convictions. For every one conviction, there are three acquittals, indicating a significant disparity.
- State-wise Disparity in Acquittals and Convictions: Acquittals are significantly higher than convictions in all states studied. Examples: In Andhra Pradesh, acquittals are seven times more than convictions, and in West Bengal, acquittals are five times more than convictions. Kerala has a relatively lower gap, with acquittals constituting 20.5% and convictions constituting 16.49% of total disposals.
- Relationship Between Victim and Accused: Out of 138 examined judgments, only 6% of cases involved accused who were strangers to the victim. In 44% of cases, the relationship between the victim and accused was unidentified. Known acquaintances constituted 22.9% of the accused, family members accounted for 3.7%, and cases with prior romantic relationships made up 18%.
- Age Distribution of Victims and Accused: Among the 138 cases studied, 5.47% of victims were under 10 years, 17.8% were between 10-15 years, and 28% were between 15-18 years. The age of the victim was unidentified in 48% of cases. Age details of accused individuals were not identified in 63.6% of cases. Identified age ranges of accused: 11.6% between 19-25 years, 10.9% between 25-35 years, 6.1% between 35-45 years, and 6.8% above 45 years.
- Offenses and Severity: Penetrative sexual assault (31.18%) and aggravated penetrative sexual assault (25.59%) collectively account for over half of all POCSO cases. These offenses carry the most stringent punishments under the POCSO Act.
4. Analysis of POCSO Case Disposal and Pendency
- Delayed Disposal: On average, it takes 509.78 days for a POCSO case to be disposed of, exceeding the one-year stipulated timeframe under the Act.
- Increase in Pending Cases: The pendency of POCSO cases had been gradually increasing over the years. Notably, there was a sharp rise in pending cases between 2019 and 2020, attributed to the impact of the COVID-19 pandemic.
- Reasons for Delay: Slow pace of police investigation and delays in depositing samples with Forensic Science Laboratories were identified as primary reasons for case delays.
- Transfers of Cases: 22.76% of cases were disposed of through transfers from one court to another. One-fifth of the cases in the dataset ended in transfers, indicating administrative mismanagement or wrongful appreciation of facts by the police.
- Increasing Transfer Trend: The percentage of transfers out of total disposals was around 8% in 2013 but rose to a little over 19% in 2019 and a concerning 42% in 2020. This trend is seen as problematic due to the time wasted as cases are transferred between courts.
5. POCSO Trials and Case Statistics in India
- Delhi's POCSO Trials and Case Length: Delhi has the highest number of POCSO trials in the country, with 13.54 cases per 100,000 population in 2018. However, Delhi also had the highest average case length in 2020, at 1,284.33 days.
- Average Time for Convictions: Chandigarh and West Bengal are the only states where the average time taken for convictions is within one year. States like Chhattisgarh, Haryana, Kerala, Sikkim, Chandigarh, and the NCT of Delhi have a higher reporting of POCSO cases.
- Districts with the Highest Number of POCSO Trials: The five districts with the highest number of POCSO trials (pending and disposed of) are Namchi (Sikkim), New Delhi, Central Delhi, Medak (Telangana), and West Garo Hills (Meghalaya).
- Pendency and Disposal Rates: Uttar Pradesh has the highest pendency, with 77.77% of the total POCSO cases filed between November 2012 and February 2021 pending. Tamil Nadu has the highest disposal percentage at 80.2%.
- Districts with Highest Pendency Percentages: The five districts with the highest pendency percentages include Lucknow, Hardoi, Budaun, and Allahabad in Uttar Pradesh and Howrah in West Bengal.
6. Gaps in Implementation
- Absence of Support Persons: According to the study, "support persons" are not appointed in most POCSO cases. The Supreme Court highlighted that in 96% of cases, victims were not provided with a support person.
- Role of support Persons: A support person can be an individual or organization working in child rights or protection, an official from a children's home or shelter home. or a staff member of the District Child Protection Unit (DCPU). Their role is to guide and support the victim throughout the legal process.
- Insufficient Designated POCSO Courts: The analysis reveals that not all districts have designated POCSO courts. As of 2022, 408 POCSO courts have been established in 28 states under the Government's Fast Track Special Court Scheme.
- Lack of Special Public Prosecutors: There is a shortage of special public prosecutors specifically appointed to handle POCSO cases. Even when appointed, they are often engaged in non-POCSO cases, leading to a lack of dedicated focus on POCSO matters.
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For Prelims: Protection of Children from Sexual Offences (POCSO), Convention on the Rights of the Child, and the Protocol on the Sale of Children, Children's Code Bill, 2000, Child Abuse Report (2007).
For Mains: 1. Critically analyze the findings of the analysis on convictions, acquittals, victim-accused relationships, and offense patterns in POCSO cases in India. (250 words).
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Previous year Question
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1. In India, the Protection of Children from Sexual Offences (POCSO) Act, ____ is a comprehensive law to provide for the protection of children from the offenses of sexual assault, sexual harassment, and pornography, while safeguarding the interests of the child. (SSC CGL 2021)
A.2012
B. 2006
C. 2010
D. 2008
Answer: A
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G20: CLIMATE ACTION
- Renewable energy refers to energy that is generated from naturally replenishing sources and is considered environmentally friendly because it produces little to no greenhouse gas emissions or other harmful pollutants. These sources of energy are often referred to as "renewable" because they are naturally replenished on a human timescale, unlike fossil fuels which are finite and contribute to climate change
- Incidentally, tripling of renewable capacities was also among the lowest-hanging fruits available to the G20 grouping on the climate front, despite some initial reservations from traditional fossil fuel-producing countries like Russia and Saudi Arabia
- Renewable energy is already being deployed at a rapid pace across the world, with annual capacity additions growing by around 10% every year. And though the push no doubt came from the developed countries, there is no inherent objection to the deployment of renewable energy from the developing countries
- For countries like India and China, the growth of renewable energy is also the most preferred way to contribute to the global fight against climate change, and bring down the role of fossil fuels in their economies.
- Tripling capacities within seven years is an ambitious task, nonetheless. The current global installed capacity of renewable energy is just short of 3,400 GW. In 2022, about 295 GW of new capacity was added, the highest ever.
- To triple the total capacity by 2030, the world would have to add nearly 1,000 GW of new capacity every year.
- That is what agencies like the International Renewable Energy Agency (IRENA) and the IEA, and climate activists and civil society organisations have been pushing for
- Tripling renewable capacity by 2030 is an ambitious, yet achievable goal. Annual capacity additions have more than doubled from 2015 to 2022, rising by about 11% per year on average
- As part of their climate action plans, about 135 countries have promised to create or enhance their renewable energy capacities, but as of now most of the new capacity addition is happening in a handful of large developing countries.
- India and China together account for more than 50% of global capacity additions in each of the last five years.
- In 2022, out of the 295 GW of additional capacity installed throughout the world, China alone added 140 GW, or nearly 48%.
- The tripling target cannot be achieved without the rapid growth in demand from other developing countries, mainly in Africa
- The addition of the African Union to the G20 is expected to provide the right impetus for this. Also, it is likely that this commitment will be adopted by the COP28 climate change meeting in Dubai this year, in which case it will have global ownership
- In 2022, out of the 295 GW of new renewable capacity created, 191 GW, or 65%, came from solar energy. The ISA was created specifically for the purpose of rapidly scaling up solar energy across the world, but it is still to realise its full potential
- The other big challenge, of course, is the availability of financial resources. According to an IRENA outlook, investments of about 5.3 trillion USD would be required per year, till 2050, to enable the energy transition that will limit the global rise in temperatures to within 1.5 degree Celsius from pre-industrial times.
- But even if the tripling target is achieved by 2030, it alone would not be sufficient for the 1.5 degree Celsius goal.
- According to current projections, the greenhouse gas emissions in 2030 would exceed the 1.5 degree Celsius compatible levels by about 24 billion tonnes of CO2 equivalent. Renewable energy, if tripled, would be able to avoid only 7 billion tonnes of CO2 equivalent, or less than one third of what is required.
- It is for this reason that many climate observers were disappointed with the G20 outcome
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Previous Year Questions
1. Which one of the following is associated with the issue of control and phasing out of the use of ozone-depleting substance? (UPSC CSE 2015)
A.Bretton woods conference
B. Montreal Protocol
C. Kyoto Protocol
D. Nagoya Protocol
Answer (B)
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