Syllabus: General Studies Paper 2

As Twitter initiated legal action against some of the government ordering it to take down certain content posted on the microblogging site, the focus is back on Section 69A of IT Act, 2000

• Alleging disproportionate use of power by officials, the social media company moved the Karnataka High Court against the Ministry of Electronics & Information Technology’s order content-blocking orders issued under Section 69 (A) of the Information Technology Act, 2000.
• IT Ministry had written to Twitter, asking it to comply with its orders by July 4 or lose its safe harbour protection under the intermediary rules.

Information Technology Act, 2000

• The Information Technology (IT) Act, 2000, governs all activities related to the use of computer resources.
• It covers all ‘intermediaries’ who play a role in the use of computer resources and electronic records.

Section 69 of the IT Act:

• It confers on the Central and State governments the power to issue directions to intercept, monitor or decrypt any information generated, transmitted, received or stored in any computer resource.

The grounds on which these powers may be exercised are:

• In the interest of the sovereignty or integrity of India, defence of India, the security of the state.
• Friendly relations with foreign states.
• Public order, or for preventing incitement to the commission of any cognizable offence relating to these.
• For investigating any offence.

Process of Blocking Internet Websites:

• Section 69A, for similar reasons and grounds (as stated above), enables the Centre to ask any agency of the government, or any intermediary, to block access to the public of any information generated, transmitted, received or stored or hosted on any computer resource.
• Any such request for blocking access must be based on reasons given in writing.

Intermediaries as per the IT Act 2000:

• Intermediary is defined in Section 2(1) (w) of the IT Act 2000.
• The term ‘intermediaries’ includes providers of telecom service, network service, Internet service and web hosting, besides search engines, online payment and auction sites, online marketplaces and cyber cafes.
• It includes any person who, on behalf of another, “receives, stores or transmits” any electronic record. Social media platforms would fall under this definition.

Obligations of Intermediaries under the Law:

• Intermediaries are required to preserve and retain specified information in a manner and format prescribed by the Centre for a specified duration.
• Contravention of this provision may attract a prison term that may go up to three years, besides a fine.
• When a direction is given for monitoring, the intermediary and any person in charge of a computer resource should extend technical assistance in the form of giving access or securing access to the resource involved.
• Failure to extend such assistance may entail a prison term of up to seven years, besides a fine.
• Failure to comply with a direction to block access to the public on a government’s written request also attracts a prison term of up to seven years, besides a fine.

Liability of Intermediaries:

• Section 79 of the IT Act 2000 makes it clear that “an intermediary shall not be liable for any third-party information, data, or communication link made available or hosted by him”.
• Third party information means any information dealt with by a network service provider in his capacity as an intermediary.
• This protects intermediaries such as Internet and data service providers and those hosting websites from being made liable for content that users may post or generate.
• Sections 79 also introduced the concept of “notice and take down” provision.
• It provides that an intermediary would lose its immunity if upon receiving actual knowledge or on being notified that any information, data or communication link residing in or connected to a computer resource controlled by it is being used to commit an unlawful act and it fails to expeditiously remove or disable access to that material.

Why has Twitter filed the lawsuit?

• It is learnt that in its filing, Twitter has claimed that many of the blocking orders are procedurally and substantively deficient under Section 69 (A) of the Act.
• This includes aspects such as not giving prior notice to users before taking down content posted by them.
• The company alleged that MeitY has failed to demonstrate how some of the content it wants taken down falls under the purview of Section 69 (A).
• The company has claimed that the basis on which multiple accounts and posts have been flagged by the Ministry are either “overbroad and arbitrary” or “disproportionate”

Syllabus: General Studies Paper 3

To prevent the slide in the rupee and shore up foreign exchange reserves, the RBI announced a series of measures.

• This includes relaxation in foreign investment in debt, external commercial borrowings, and Non-Resident Indian (NRI) deposits.

Stats

• The rupee depreciated 4.1 per cent to 79.30 against the US dollar in the current financial year.
• Foreign portfolio investors pulled out 2.32 lakh crore in six months, and $50 billion being shaved off forex reserves over the last nine months.

Measures taken

• RBI has allowed banks temporarily to raise fresh Foreign Currency Non-Resident Bank i.e. FCNR(B) and Non-Resident External (NRE) deposits without reference to the current regulations on interest rates.
• Currently, interest rates on FCNR(B) deposits are subject to ceilings of overnight Alternative Reference Rate (ARR) for the respective currency/ swap plus 250 basis points for deposits of 1-3 years maturity and overnight ARR plus 350 basis points for deposits of 3-5 years maturity.
• In the case of NRE deposits, interest rates should not be higher than those offered by the banks on comparable domestic rupee term deposits.
• Investments by FPIs in government securities and corporate debt made till October 31, 2022, will be exempted from this short-term limit.
• These will not be reckoned for the short-term limit of one year till maturity or sale of such investments.
• Currently, not more than 30 per cent of investments each in government securities and corporate bonds can have a residual maturity of less than one year.
• FPIs will be provided with a limited window till October 31, 2022, during which they can invest in corporate money market instruments like commercial paper and non-convertible debentures with an original maturity of up to one year.
• FPIs can continue to stay invested in these instruments till their maturity or sale.
• Also the central bank decided to increase the limit under the automatic route for external commercial borrowing (ECB) from $750 million or its equivalent per financial year to $ 1.5 billion.
• The all-in cost ceiling under the ECB framework is also being raised by 100 basis points, subject to the borrower being of investment grade rating.
• Further incremental FCNR(B) and NRE deposits will be exempt from the maintenance of cash reserve ratio and statutory liquidity ratio (SLR).
• This relaxation, which will add to the returns of NRIs

External Commercial Borrowings

• ECBs is a loan availed by an Indian entity from a nonresident lender with a minimum average maturity.
• Most of these loans are provided by foreign commercial banks buyers’ credit, suppliers’ credit, securitized instruments such as Floating Rate Notes and Fixed Rate Bonds etc.

Advantages of ECBs:

• ECBs provide opportunity to borrow large volume of funds.
• The funds are available for relatively long term.
• Interest rate are also lower compared to domestic funds.
• ECBs are in the form of foreign currencies. Hence, they enable the corporate to have foreign currency to meet the import of machineries etc.

Foreign Currency Non-Resident (Bank) account

• FCNR(B) accounts can be opened by NRIs and Overseas Corporate Bodies (OCBs) with an authorized dealer.
• Rate of interest applicable to these accounts are in accordance with the directives issued by RBI from time to time.

NRE accounts

• NRE accounts can be opened by NRIs and OCBs with authorized dealers and with banks authorized by RBI.
• These can be in the form of savings, current, recurring or fixed deposit accounts. Deposits are allowed in any permitted currency.
• Rate of interest applicable to these accounts are in accordance with the directives issued by RBI from time to time.

Syllabus: General Studies Paper 2

India and Australia decided to strengthen their partnership in the field of projects and supply chains for critical minerals.

• Australia confirmed that it would commit a $5.8 million to the three-year India-Australia Critical Minerals Investment Partnership.

What are critical minerals?

• Critical minerals are elements that are the building blocks of essential modern-day technologies, and are at risk of supply chain disruptions.
• These minerals are used everywhere from making mobile phones, computers to batteries, electric vehicles and green technologies like solar panels and wind turbines.
• It mostly include graphite, lithium and cobalt, which are used for making EV batteries; rare earths that are used for making magnets and silicon which is a key mineral for making computer chips and solar panels.

Why is this resource critical?

• As countries around the world scale up their transition towards clean energy and digital economy, these critical resources are key to the ecosystem that fuels this change.
• Any supply shock can severely imperil the economy and strategic autonomy of a country over-dependent on others to procure critical minerals.
• But these supply risks exist due to rare availability, growing demand and complex processing value chain.
• Many times the complex supply chain can be disrupted by hostile regimes, or due to politically unstable regions.

What is the China ‘threat’?

• According to the 2019 USGS Mineral Commodity Summaries report, China is the world’s largest producer of 16 critical minerals.
• China, according to a report by the International Energy Agency, is responsible for some 70% and 60% of global production of cobalt and rare earth elements, respectively, in 2019.
• The level of concentration is even higher for processing operations, China’s share of refining is around 35% for nickel, 50-70% for lithium and cobalt, and nearly 90% for rare earth elements.
• It also controls cobalt mines in the Democratic Republic of Congo, from where 70% of this mineral is sourced.
• In 2010, China suspended rare earth exports to Japan for two months over a territorial dispute.
• The decision made the market prices of RREs jump anywhere between 60% to 350%.

What are countries around the world doing about it?

USA

• After reviewing the vulnerabilities in its critical minerals supply chains and found that an over-reliance on foreign sources US has shifted its focus on expanding domestic mining, production, processing, and recycling of critical minerals and materials.

India

• India has set up KABIL or the Khanij Bidesh India Limited, a joint venture of three public sector companies, to ensure a consistent supply of critical and strategic minerals to the Indian domestic market.
• Australia’s Critical Minerals Facilitation Office (CMFO) and KABIL had recently signed an MoU aimed at ensuring reliable supply of critical minerals to India.

United Kingdom

• The UK recently unveiled its new Critical Minerals Intelligence Centre to study the future demand for and supply of these minerals.

Other Countries

• In June last year, the US, Canada and Australia had launched an interactive map of critical mineral deposits with an aim to help governments to identify options to diversify their critical minerals sources.

Syllabus: General Studies Paper 2

Central Consumer Protection authority (CCPA) under the Department of Consumer Affairs has notified ‘Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022’.

What are the guidelines?

Objective

• To curb misleading advertisements and protect the consumers, who may be exploited or affected by such advertisements.

Key Provisions

A ‘valid’ advertisement:

• The guidelines lay down the conditions for non-misleading and valid advertisements.
• An advertisement can be considered non-misleading if it contains true and honest representation of goods and does not exaggerate the accuracy, scientific validity or practical usefulness or capability.
• In case of unintentional lapse, the advertisement may still be considered as valid if the advertiser has taken prompt action in letting the consumer know the deficiency.

Advertisements targeting children

• Advertisements that condone, encourage, inspire or unreasonably emulate behaviour that could be dangerous for children or take advantage of children’s inexperience, credulity or sense of loyalty etc. have been prohibited.
• The guidelines further require that the goods which require a health warning should not be advertised through children as well as personalities from music, sports and cinema.
• Advertisements that state any health or nutritional claims or benefits without being adequately and scientifically substantiated or any surgery which may have adverse effects on the physical and mental health of children are prohibited.
• The guidelines also require that advertisements including chips, carbonated beverages and such other snacks and drinks shall not be cast on channels exclusively meant for children.

Prohibits Surrogate Advertising:

• It bans surrogate advertising, a practice where a seller promotes a product whose advertisement is not allowed by disguising it as another product.
• Liquor ads commonly indulge in such practices — under the guise of selling soda, CDs, and even holiday packages.

Free claims advertisements:

• A free claims advertisement shall not describe any goods, products, or service to be ‘free’, ‘without charge’, or use such other terms if the consumer has to pay anything.

Bait Advertisements:

• The guidelines lay down conditions to be complied with while issuing bait advertisements.
• Bait advertisement means an advertisement in which goods, products, or service is offered for sale at a low price to attract consumers.

Other reforms

• The guidelines have also introduced the need to have “disclaimers in advertisements” to “clarify a claim made in such advertisement or make qualifications or resolve ambiguities therein in order to explain such claim in further detail.”
• Moreover, the advertiser must not attempt to hide material information with respect to any claim made in such advertisement, the omission or absence of which is likely to make the advertisement deceptive or conceal its commercial intent.

Significance

• The guidelines are pathbreaking because they fill significant consumer protection gaps while explicitly outlining advertiser duties.
• It also tries to discourage the promotion of illogical consumerism aimed at children.
• It performs an essential function in bringing the Indian regulatory framework at par with international norms and standards.
• The guidelines are momentous in empowering customers against mischievous advertisers.

While the guidelines must be hailed as a step in the right direction, there is a definite need to ensure their implementation in the spirit they have been drafted with.

General Studies: 2

Minister of Consumer Affairs, Food & Public Distribution released the 1st edition of ‘State Ranking Index for NFSA during the conference of Food Ministers of States/UTs on ‘Food Nutrition and Security in India’

• The State ranking Index for NFSA attempts to document the status and progress of implementation of NFSA and various reform initiatives across the country, post consultation with states.
• It highlights the reforms undertaken by States and UTs and create a cross-learning environment and scale-up reform measures by all states and union territories.
• The Index is built on three key pillars which covers the end-to-end implementation of NFSA through TPDS. These pillars are:
• NFSA— Coverage, targeting and provisions of the Act,
• Delivery platform, and
• Nutrition initiatives.
• Odisha topped the index, it is followed by Uttar Pradesh at the 2nd spot and Andhra Pradesh at 3rd amongst the General Category States.
• Among the Special Category states/UTs, Tripura stood first followed by Himachal Pradesh and Sikkim respectively.
• Among the 3 UTs where Direct Benefit Transfer (DBT) – Cash is operational, Dadra and Nagar Haveli & Daman and Diu is the top ranked UT.

Sowing of Rice

• In the conference the Centre has asked the States to increase the sowing of paddy in the wake of reports that there is a decrease in its sowing.
• The Union Minister of Food and Public Distribution said the international demand for both rice and wheat has increased and asked the States to increase the sowing of paddy in this kharif season.
• The Centre’s data says that paddy has been sown on 43.45 lakh hectares till July 1, which is 05% less than last year’s sowing of 59.56 lakh hectares during the same period of 2021.
• Minister also stated the States should increase the sowing as wheat’s demand has increased globally.

General Studies: 3

Around 100 students in Sikkim have reported skin infections after coming in contact with Nairobi flies.

• The population of Nairobi flies, a species of insect native to East Africa, is growing at a fast pace in Sikkim.

What are Nairobi flies?

• Nairobi flies, also called Kenyan flies or dragon bugs, are small, beetle-like insects that belong to two species, Paederus eximius and Paederus sabaeus.
• They are orange and black in colour, and thrive in areas with high rainfall, as has been witnessed in Sikkim in the past few weeks.
• Like most insects, the beetles are attracted by bright light.

How are humans affected by them?

• Usually, the insects attack pests that consume crops and are beneficial for humans — but at times, they come in contact with humans directly are cause harm.
• These flies do not bite, but if disturbed while sitting on anyone’s skin, they release a potent acidic substance that causes burns.
• This substance is called pederin, and can cause irritation if it comes in contact with the skin, leading to lesions or unusual marks or colouring on the skin.
• The skin begins to heal in a week or two, but some secondary infections can occur, especially if the victim scratches the irritated skin.

Have there been outbreaks of the disease?

• Major outbreaks have happened in Kenya and other parts of eastern Africa. In 1998, unusually heavy rain caused a large number of insects to come into the region.
• Outside Africa, outbreaks have happened in India, Japan, Israel, and Paraguay in the past.

General Studies: 2

Protests in Uzbekistan’s autonomous province of Karakalpakstan

• The protests had broken out in response to the government’s plan to restrict the region’s long-held autonomy.
• Thousands took to the streets of the region’s capital, Nukus.

Who are the Karakalpaks?

• The name Karakalpakstan is derived from the Karakalpak people, an ethnic minority group of around 2 million.
• Karakalpak translates to ‘black hat’, referring to their traditional headgear.
• The Karakalpaks consider themselves to be a distinct cultural group in Uzbekistan.
• Their Turkic language – Karakalpak – is closely related to Kazak.
• Their separate language is a crucial aspect of their cultural identity.
• In their genealogical narrative, the Karakalpaks claim to share a common point of origin with the neighbouring Kazakhs, Uzbeks and Turkmen, but believe that over time they diverged from the others.
• This narrative marks the Karakalpaks as culturally separate from their neighbouring groups

General Studies: 3

The Environment Ministry proposes to soften the provisions of punishment for the violations of Environment Protection Act (EPA)

• It proposes to replace a clause that provides for imprisoning violators with one that only requires them to pay a fine.
• This does not apply to violations that cause grave injury or loss of life.
• The proposed fines, in lieu of imprisonment, are also 5-500 times greater than those currently levied.

Existing Provisions

• The Act currently says that violators will be punishable with imprisonment up to five years or with a fine up to ₹1 lakh, or with both.
• Were violations to continue, an additional fine of up to ₹5,000 for every day during which such failure or contravention continues after the conviction would be levied.
• There’s also a provision for jail terms to extend to seven years.

The two major changes proposed are

• Appointing an “adjudication officer” who would decide on a penalty in cases of environmental violations
• In case of serious violations which lead to grievous injury or loss of life, they shall be covered under the provision of Indian Penal Code, 1860.
• The amendments also propose the creation of an “Environmental Protection Fund’’ in which the amount of penalty will be remitted

Reasons for proposed amendments

• An analysis by the Centre for Science and Environment found that Indian courts took between 9-33 years to clear a backlog of cases for environmental violations.
• Beginning 2018, close to 45,000 cases were pending trial and another 35,000 cases were added in that year.
• Ministry stated that the rationale governing the amendments is that it had received suggestions to decriminalise existing provisions of the EPA to weed out fear of imprisonment for simple violations.

The Environment (Protection) Act (EPA)

• EPA was enacted in 1986 with the objective of providing the protection and improvement of the environment.
• The Central government is also empowered to:
• Plan and execute a nation-wide programme for the prevention, control and abatement of environmental pollution.
• Lay down standards for the quality of environment in its various aspects.
• Lay down standards for emission or discharge of environmental pollutants from various sources.
• The restriction of areas in which any industries, operations or processes or class of industries, operations or processes shall/ shall not be carried out subject to certain safeguards.
• The Central Government may appoint officers under this Act for various purposes and entrust them with the corresponding powers and functions.
• The central government as per the Act has the power to direct:
• The closure, prohibition or regulation of any industry, operation or process
• The stoppage or regulation of the supply of electricity or water or any other service
• Restriction on Pollutant Discharge: No individual or organisation shall discharge/emit or permit to discharge/emit any environmental pollutant in excess of the prescribed standards.
• Compliance with Procedural Safeguards: No individual shall handle or shall be caused to handle any hazardous substance except in accordance with the procedure and without complying with the safeguards, as prescribed.
• Powers of Entry and Inspection: Any person empowered by the Central Government shall have a right to enter (with the assistance deemed necessary) at any place:
• Establishment of Environmental Laboratories: The Central Government, as per the Act, is entitled to recognize any laboratory or institute as environmental laboratories to carry out the functions entrusted to such a laboratory.
• Penalties for Offences: Non-compliance or Contravention to any of the provisions of the Act is considered as an offence.
• Any offences under the EPA are punishable with the imprisonment of upto five years or a fine upto one lakh rupees or both.
• Cognizance of offences: No Court shall take cognizance of any offence under this Act except on a complaint made by:
• The Central Government or any authority on behalf of the former

General Studies: 3

Gujarat plans on restoring at least 76,000 hectares of this 2,497 sq km grassland which is a high-biodiversity area.

Banni grasslands of Gujarat

• The grasslands of Gujarat constitute about 4.33 per cent (8,490 sq km) of the total geographical area, distributed in eight districts and three different climatic regions — Kutch, Saurashtra and central Gujarat.
• A majority of grasslands in Gujarat (41 per cent) are found in the Kutch district.
• Banni grassland was declared a Protected Forest in 1955, under the Indian Forest Act, 1927.
• Besides having 40 species of grass and 99 species of flowering plants, Banni is also home to the Indian wolf, jackal, Indian fox, desert fox, desert cat, caracal, hyena, chinkara, Nilgai, wild boar, Indian hare and common monitor lizard
• Banni also has 273 bird species and in years of good rainfall, is home to thousands of migratory birds.

Threats

• The landscape of Banni has shown drastic changes with the deterioration of the grassland taking place due to heavy uncontrolled grazing, widespread ingress of Prosopis Juliflora (a harmful exotic tree species), dams constructed on rivers flowing towards Banni, periodic occurrence of droughts and continuous increase in soil salinity.

Invasion of alien species

• It was found that in the year 1989, the area was dominated with grasslands covering 54.57% of the area followed by saline areas devoid of vegetation covering 27.30 per cent and Prosopis Juliflora, an alien invasive species, covering only 15.72 per cent of the area.
• Today Prosopis Juliflora dominant area has increased encroached to more than 30 per cent.

Restoration project

• The mainstay of the restoration project is the removal of this alien species, which incidentally was introduced to the area by the forest department in the 1960s to stop the ingress of the salt flats.
• With a huge 20-lakh livestock population that depends on the grassland, the second part of the project envisions the production and storing of fodder for local farming and pastoral communities that live here.

General Studies: 2

Pointing out that the problem of pendency of cases is “intensifying” due to lack of sufficient number of judges, Chief Justice of India again points out the delay in appointment of judges

Pendency of cases in India

• Reasons for this include growth of the Indian economy, population, rising awareness about rights etc.
• In the absence of infrastructure and sufficient number of judges commensurate with the increasing workload, the problem is intensifying.
• Thus there is a need for transforming and upgrading the judicial infrastructure in India, as well as filling up judicial vacancies and augmenting the strength.

Appointment of HC Judges:

• Article 217 of the Constitution: It states that the Judge of a High Court shall be appointed by the President in consultation with the Chief Justice of India (CJI), the Governor of the State.
• In the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court is consulted.
• Consultation Process: High Court judges are recommended by a Collegium
• The proposal, however, is initiated by the Chief Justice of the High Court concerned in consultation with two senior-most colleagues.
• The recommendation is sent to the Chief Minister, who advises the Governor to send the proposal to the Union Law Minister.
• The Chief Justice of the High Court is appointed as per the policy of having Chief Justices from outside the respective States.
• The Collegium takes the call on the elevation.