Author: balancedreport

Categories
Art & Culture Science & Tech

Collab of Social Media Regulation with Free Speech

Facebook, one of the major social media platforms, has established the Oversight Board, an impartial organisation that examines its “content moderation” procedures.

The IT rules of 2021

  • Regulating social media intermediaries (SMIs): Governments from all around the world are debating how to regulate social media intermediaries (SMIs).
  • Addressing the concerns about SMI limiting free speech: It is critical for governments to update their regulatory framework in order to deal with new challenges given the complexity of the issue, the significance of SMIs in influencing public discourse, the impact of their governance on the freedom of speech and expression, the volume of information they host, and the ongoing technological advancements that affect it.
  • In order to address these difficulties, India revised its ten-year-old regulations on SMIs in 2021 with the IT Rules, 2021, which were largely designed to impose requirements on SMIs in order to guarantee an open, safe, and reliable internet.

Recent amendments?

  • The stated goals of the proposed revisions, which were released as a draught in June 2022, were triangular.
  • safeguarding constitutional rights: It was necessary to ensure that major IT companies did not violate the rights and interests of internet users under the Constitution.
  • Grievance resolution To make the Rules’ framework for resolving complaints stronger,
  • In order to avoid dominance: Early-stage Indian start-ups shouldn’t be impacted by compliance with these.
  • This resulted in a series of changes that may be broadly divided into two groups.
  • SMI has additional obligations: The first category includes adding more requirements to the SMIs to assure stronger user interest protection.
  • Appeal procedure: The establishment of an appellate procedure for grievance redressal fell under the second category.

Social media a double-edged sword

  • Platforms that handle social media often moderate user content on their websites. Users that break the terms and conditions of their platforms have their accounts removed, given higher priority, or suspended.
  • Government has too much power: The government’s current restrictions on internet speech are untenable in today’s online environment. There are currently millions of users of social media. Platforms have democratized public participation, and shape public discourse.
  • Hate speech on the internet: As the Internet’s usage grows, so too do its potential drawbacks. Online today, there is more hazardous and unlawful content.
  • Disinformation campaigns: Recent examples include hate speech against the Rohingya in Myanmar and on social media during COVID19.

Compromise between regulation and free speech

  • Governmental directives must be followed: In addition to being necessary and appropriate, government orders to remove content must also adhere to due process.
  • The most recent Digital Services Act (DSA) of the European Union (EU) serves as a suitable example. In the EU, intermediary liability is governed by the DSA. Government takedown orders must be reasonable and in proportion.
  • Platforms should have the option to fight the government’s order: The DSA allows intermediaries the chance to defend themselves and contest the government’s decision to censor information. These procedures will firmly protect online users’ right to free speech. The most significant thing is that an intermediary law must devolve important platform-level content filtering decisions.
  • A co-regulation concept: Platforms must be responsible for controlling content in accordance with general government regulations. Implementing such a coregulatory framework will accomplish three goals.
  • The terms of services will continue to be reasonably controlled by platforms: Coregulation will enable them the freedom to establish the changing criteria for harmful content, doing away with the necessity for stringent government regulations. Because private censorship is encouraged by government control, this will advance free expression online. The consequence of private censorship is to suppress user discourse.
  • Platforms are subject to the rule of law: As content censors, platforms have a significant amount of power over users’ freedom of speech. Platforms must adhere to due process and make proportionate judgements whenever they remove content or address user complaints. In order to properly resolve customer complaints, they must include procedures including notice, hearings, and reasoned orders.
  • Algorithmic transparency: Algorithmic openness can boost platform responsibility.

@the-end

The GACs need to be reviewed because they give the government more control over censorship. The statute that would replace the IT Act is anticipated to be a Digital India Act. This is the ideal time for the government to implement a coregulatory strategy for controlling online speech.

Categories
Governance

Should the legal age of consent for adolescents be raised?

The Protection of Children from Sexual Offenses, or POCSO, Act of 2012’s age of consent has been re-examined by the Karnataka High Court.

Age of Consent?

According to the POCSO Act, the legal age of consent for sex in India is 18. Sexual contact with a girl under the age of 18 is considered rape and her consent is not considered to be legitimate.

HC’s Statement

  • The issue of a girl’s permission who is 16 years old but under the age of 18 would need to be taken into account.
  • According to the HC, if it is in fact a violation of the POCSO Act or the Indian Penal Code, then this must be.
  • Sections 366 of the IPC, Section 6 of the POCSO Act, and Section 9 of the 2006 Prohibition of Child Marriage Act should be used to charge the perpetrator.

Terms of the POCSO Act?

  • Anyone younger than 18 is regarded as a child under the POCSO Act of 2012.
  • The POCSO Act considers the girl a “child” even though she is 16 years old; as a result, her consent is irrelevant, and any sexual activity is regarded as rape.

Concerns with such consent

  • When consent is disregarded, the accused is subject to harsh penalty.
  • Charges of child abuse are disproven: Several rape and kidnapping cases had their criminal processes invalidated by the courts.
  • The court is frequently persuaded that the law is being abused to the benefit of one or both parties.

Is the law being misused?

(1) Undermining relations of consent;

Disgruntled parents will occasionally bring a lawsuit to prevent a connection between two teenagers or kids who are approaching puberty.

Parents who wish to regulate who their daughters or sons desire to marry frequently employ POCSO.

(2) Coercion for marriage;

According to the study, eloping couples frequently do so out of dread of their parents’ disapproval.

The boy’s parents then file charges against him under the POCSO Act for rape and the IPC or the 2006 Prohibition of Child Marriage Act for abduction with the intention of marriage.

Judicial interpretations

  • When dismissing a POCSO complaint in the Vijaylakshmi v. State Rep case in 2021, the Madras High Court stated that the definition of “child” under Section 2(d) of the POCSO Act can be changed to 16 instead of 18.
  • The court recommended a maximum age difference of five years in consenting unions.
  • This, it claimed, will prevent a girl who is impressionable from being exploited or sexually misled by an adult who is much older.

Policy measures

  • The Prohibition of Child Marriage (Amendment) Bill, 2021, which proposes to raise the minimum age of marriage for women to 21 years, is being investigated by a parliamentary committee.
  • Raising the age, according to rights campaigners, may cause disadvantaged women to continue to be bound by social and familial expectations rather than benefiting the society.

@the-end

  • The government must look into the matter because the courts and rights advocates are pushing for a change to the age of consent requirements.
  • Adolescents must be made aware of the POCSO Act’s and the IPC’s strict regulations in the meantime.
Categories
Governance

Mother Tongue Survey of India (MTSI), what it is?

The Ministry of Home Affairs (MHA) has completed the Mother Tongue Survey of India (MTSI) with field videography of the country’s 576 languages.

  • The Mother Tongue Survey of India (MTSI), which included field recordings in all 576 of the nation’s official languages, has been completed by the Ministry of Home Affairs (MHA).
  • The Mother Tongue Survey of India is an initiative that collects data on the mother languages that have been regularly reported for at least two census decades.
  • The linguistic characteristics of the chosen languages are also documented.
  • The term “mother language” is one that the respondent has provided, but not needs to be the same as the actual linguistic medium.
  • The National Film Development Corporation (NFDC) and the NIC will record and preserve the linguistic information of the mother tongues surveyed in audio-video files.
  • For the sake of archiving, videotaped Mother Tongue speech data will also be uploaded to the NIC survey.

‘Mother Tongues’ in India

  • More than 19,500 dialects are spoken in India as mother tongues, according to an examination of census data from the linguistic group conducted in 2011.
  • Each of them belongs to one of 121 mother tongues.
  • Hindi is the language used as the mother tongue by the most people, accounting for 52.8 crore people or 43.6% of the population, according to the 2011 Linguistic Census.
  • Bengali, which is the mother language of 9.7 crore people and is spoken by 8% of the population, comes in second.

Role of mother tongue in the education of children

  • Mother tongue shall be the major medium of teaching in schools for children up to the age of eight, according to the new National Curriculum Framework (NCF).
  • The advantages of using your mother tongue as your major language of teaching are emphasised by the new NCF, which covers pre-school and schools I through II.
  • According to this, kids have a good grasp of their “home language” by the time they start preschool.
  • This push came after the PM and Home Minister repeatedly argued for it in terms of policy.

Why emphasize more on mother tongue?

  • The NCF asserts that research evidence supports the significance of teaching children in their mother tongue throughout the early years and beyond.
  • In their native tongue, children grasp topics most quickly and thoroughly.
  • Therefore, in the Foundational Stage, the child’s mother tongue, native language, or preferred language should serve as the primary medium of learning.

Status of the population census

  • The upcoming decennial census will be the 16th to be conducted since the first exercise in 1872.
  • The seventh census since independence will take place.
  • The Covid-19 pandemic outbreak caused the census to be delayed from its original 2021 date.

Updates in the new census

  • The Home Ministry has implemented new efforts, including as digital data processing and the use of geospatial technology, to enable efficient processing and prompt dissemination of data.
  • The study states that pre-census mapping operations would be carried out, including the creation and updating of maps that display administrative units.
  • Interactive web-based maps will be used to distribute the results of the census.
Categories
International Relations

Our India in G20 Presidency

The G20 presidency of India officially began on December 1 after the unveiling of the country’s logo, website, and theme by the Indian government. One Earth, One Family, One Future was Modi’s rallying cry, which was aptly emphasised by the phrase “Vasudhaiva Kutumbakam.”

G20?

  • The G20 is a global organisation that was founded in 1999 by the leaders of 20 of the world’s largest economies.
  • The European Union and 19 of the largest economies in the world are included.
  • More than 80% of the world’s GDP, 75% of trade, and 60% of the population are represented by its members.
  • The leaders of the G20 nations occasionally take part in summits to address the topics or challenges that affect the world.
  • India has been a G20 member since the group’s founding in 1999.

Current Global scenario and India’s G20 Presidency

  • War between Russia and the west: It must however take into account a complex geopolitical situation, including increased hostility between the US and China and tensions between the G7 and Russia over the conflict in Ukraine.
  • India’s attempts to practice meditation: The recent admonition from PM Modi to President Putin that “now is not the time for conflict” is rooted in the values of nonviolence and peace that are part of the Buddha and Gandhian legacies.
  • Energy crisis: Developmental priorities must come first. It will be necessary to find common ground on disagreements on energy diversification and the newest trade and technological challenges.
  • Economic crisis: Stagflation in the US, China, and Europe poses a threat to the prognosis for the world economy. An key requirement is macroeconomic and trade policy coherence.
  • Disruptions in the supply chain: Modi promoted collaboration on three crucial issues—trusted source, transparency, and time frame—at the “Global Supply Chain Resilience” meeting in October 2021. He mentioned the disruption of supply chains brought on by the Ukraine issue at the SCO Summit this year, as well as the severe energy and food shortages.

India’s Stand

  • Growing economy and rising stature: India’s G20 leadership corresponds with its rising stature and rapid economic growth rate, as well as its growing confidence.
  • Growingly important to the developing world is the nation’s outstanding performance with the Unified Payments Interface (UPI), Direct Benefits Transfer, and Aadhaar authentication in welfare systems.
  • Vaccine TRIPS waiver requests: The CoWIN platform’s adoption improved vaccine equity and accessibility. India has argued persuasively in favour of a TRIPS waiver to guarantee fair access to vaccine production.
  • SAGAR and Blue Economy: The G20 may take notice of India’s recent international initiatives, such as SAGAR (Security and Growth for All in The Region), “blue economy,” “clean oceans,” and infrastructure that is disaster-resistant.
  • India as true climate leader: PM Modi’s “Panchamrit” announcements at COP26, including net zero by 2070, 500 GW of non-fossil energy capacity by 2030, 50% of energy needs met by renewable sources by 2030, a reduction of 1 billion tonnes of carbon emissions by 2030, and a reduction of the carbon intensity of the Indian economy to less than 45% by 2030, established India as a climate leader.

@the-end

The broadest and most vulnerable constituency, notably in South Asia, should be represented by India’s presidency. This has the potential to significantly enhance the economic integration of South Asia, which is so important for India’s progress.

Categories
Terrorism & Challenges

Difficulties to International Counter-Terrorism Cooperation

One of the events the Indian government has planned to strengthen its counterterrorism diplomacy is the special UN Security Council Counter Terrorism Committee (UNSCCTC) session that was conducted last month in Mumbai and New Delhi and focused on new and emerging technology.

Counter-Terrorism Committee (CTC)

  • A subsidiary body of the UN Security Council is the CTC (UNSC).
  • To oversee the application of the resolution, the 15-member CTC was constituted at the same time.
  • The UNSC unanimously approved resolution 1373 in the wake of the terrorist events that occurred in the US on September 11, 2001. This is one of its obligations to all States.

Delhi Declaration on Terrorism

  • The Counter-Terrorism Committee (CTC) unanimously approved the Delhi Declaration on preventing the exploitation of new and emerging technology for terrorist purposes on day two of the Special Meeting.
  • The Declaration outlines a number of decisions, including the intention to continue working on recommendations related to the three special meeting themes and the choice to create a set of non-binding guiding principles to help Member States combat the threat posed by the use of new and emerging technologies for terrorist purposes.
  • The proclamation attempts to address the primary issues surrounding the misuse of crowdfunding, social media platforms, and drones and to establish rules that will aid in addressing the escalating problem.

Challenges for International Consensus on counter-terrorism

  • Narrow Global War on Terrorism (GWOT): The first issue is that the “Global War on Terrorism” (GWOT), as it was imagined by a post 9/11 United States, has ended, with the last chapter being written last year as the United States negotiated with the Taliban and ultimately withdrew from Afghanistan.
  • Non-cooperation with India by the USA and the rest of the world: The Global War on Terror was founded on an unequal strategy when India had pleaded for similar assistance to deal with the IC814 hijacking (December 1999), which occurred less than two years before the 9/11 attacks (it is now evident that those whom the Atal Bihari Vajpayee government was forced to release were all terrorists who went on to assist in planning, funding, or providing safe havens to the al-Qaida leadership.
  • The United States and China are escorting Pakistan: Even after the start of the Global War on Terror, Masood Azhar and Hafiz Saeed were never mentioned in the UNSC designations of those who posed the greatest threat to India because of their involvement in attacks there thanks to Pakistan’s status as a U.S. ally and China’s “iron friend.”
  • FATF is losing its power: The only real benefit that India saw from international cooperation came from Pakistan being removed from the Financial Action Task Force (FATF grey )’s list in October, a sign that the will to punish Pakistan for its support of terrorism had waned.
  • Realpolitik against Global Issue: In addition, the lacklustre response from the international community to the Taliban’s occupation of Kabul and their persecution of women and minorities there shows a growing disinterest in “another country’s problems.”
  • Ineffective UNSC resolutions: For India, this means that future counterterrorism cooperation will be less cooperative and that counterterrorism regimes like the UNSC Resolutions 1267, 1373, and others will be deemed obsolete and ineffective.

New and emerging technology in terrorism

  • Drone attacks: New technology and the terrorism-related weaponization of a variety of methods. Currently, drones are used to transfer money, drugs, ammunition, weapons, and even homemade explosive devices.
  • Potential Biowar Concerns over the use of biowarfare and Gain of Function (GoF) research to alter viruses and vectors that could be unleashed into targeted populations have intensified since the COVID19 epidemic.
  • Robotic soldiers and artificial intelligence (AI) technologies are already being used in the present to make it even simpler to carry out large-scale attacks while remaining undetected.
  • Bitcoin and other cryptocurrencies are used in terror financing, and social media, the dark web, and even gaming facilities are used for terrorist communications.
  • Global consensus: India’s place in it
  • India has long been at the vanguard of the push for international action to combat terrorism, which is more and more becoming a worldwide scourge.
  • India will host the conference “No Money for Terror” The third “No Money for Terror” (NMFT) conference, which will address potential new means of financing terrorism, will take place in New Delhi.
  • Making Use of the Global Counterterrorism Architecture: India will host a special briefing on the “Global Counter Terrorism Architecture,” looking at the challenges ahead, in December, when it assumes the United Nations Security Council Presidency for the final time before its two-year term in the Council comes to an end.

@the-end

Since the Taliban took control of Afghanistan, the West and the United States have all but abandoned efforts to combat terrorism worldwide. India is working harder than ever to achieve international agreement on cross-border terrorism. India’s diplomatic efforts will find it extremely difficult to combat terrorism.

Categories
Environment & Biodiversity

In news—Snow Leopard

The first-ever snow leopard sighting from the Baltal-Zojila region has given the high-altitude regions of Jammu & Kashmir and Ladakh new hope for the elusive animal.

The number of snow leopards in J&K and Ladakh is unknown.

In Himachal Pradesh and Uttarakhand, the Snow Leopard Population Assessment of India (SPAI) has already been completed.

In these two States, there are 50 and 100 great cats, respectively, according to estimates.

Snow Leopard

The hilly areas of Central and Southern Asia are home to snow leopards.

Their geographic range in India includes the UTs of J&K and Ladakh, Himachal Pradesh, Uttarakhand, Sikkim, and Arunachal Pradesh in the eastern Himalayas, as well as a significant portion of the western Himalayas.

In 2009, Project Snow Leopard was established to improve the protection of animals in the high altitudes of the Himalayas.

It seeks to provide a framework for conservation that is knowledge-based, flexible, and fully engages the local populations that share the snow leopard’s range.

Conservation status

The IUCN Red List categorises the snow leopard as Vulnerable.

Additionally, the snow leopard is classified in Appendix I of the Convention on International Trade in Endangered Species along with all other big cats (CITES).

The Wildlife (Protection) Act of 1972 in India places the snow leopard on Schedule I, providing it the greatest level of protection possible.

Categories
Governance

Centre opposes a HC petition challenging Surrogacy Law

A petition contesting specific aspects of the surrogacy legislation, including the Assisted Reproductive Technology (Regulation) Act, 2021, and the Surrogacy (Regulation) Act, 2021, was opposed by the Center before the Delhi High Court.

the CASE

  • One of the clauses being contested is the prohibition on using surrogacy as a reproductive option for unmarried men and married women who are expecting a child.
  • It contested the outlawship of corporate surrogacy.
  • The petitioners claim that the only other option open to them is commercial surrogacy in their argument.

Invoking Article 21

One aspect of the right to privacy protected by Article 21 of the Constitution is the individual decision of one person to have a child through surrogacy, or the right of reproductive autonomy.

Therefore, the petition argued, the right influencing a decision to conceive or beget a child through surrogacy cannot be removed.

According to the rule

  • A married couple may only choose surrogacy on medical grounds, according to the Surrogacy (Regulation) Act of 2021.
  • According to the legislation, a couple consists of a married Indian “man” and “woman,” with the lady having to be between the ages of 23 and 50 and the guy having to be between the ages of 26 and 55.
  • A child of their own shouldn’t be born to the pair.
  • Despite the fact that surrogacy is legal for unmarried women, they must be between the ages of 35 and 45 and be either widows or divorcees.
  • The law prohibits unmarried men from becoming surrogates.

Features of the Surrogacy (Regulation) Act, 2021

  • It describes surrogacy as a procedure where a woman bears a child for an intending couple with the purpose of giving the kid to the intending couple after the delivery.
  • regulating surrogacy: Altruistic surrogacy, which pays the surrogate mother nothing except for medical costs and insurance, is permitted but commercial surrogacy is outlawed.
  • Surrogacy is legal for the following purposes: Surrogacy is legal if it is used for the following reasons: I intended couples with documented infertility; (ii) charitable causes; (iii) not for profit; (iv) not to produce children for prostitution, sale, or other forms of exploitation; and (v) for any condition or disease that has been specifically listed by regulations.
  • The intended pair must possess “certificates of essentiality” and “certificates of eligibility” issued by the relevant body, such as the District Medical Board.

Eligibility criteria for surrogate mother:

  • The surrogate mother must meet the following criteria in order to receive a certificate of eligibility from the relevant agency:
  • a married woman with her own child;
  • age range of 25 to 35;
  • She will only ever be a surrogate once; and
  • hold a certificate proving your physical and mental health for surrogacy.
  • Additionally, the surrogate mother is unable to donate her own gametes for the procedure.
Categories
International Relations

Russia-Ukraine war: India’s role

The horrific war in Ukraine, which is already in its ninth month and has shocked the entire world, is drawing more international attention as external affairs minister Subrahmanyam Jaishankar makes his bilateral visit to Russia this week.

Ukraine’s war and India’s Strategy so far

  • India’s balanced approach: There are good grounds for India to be pleased that the West now understands better its position on Ukraine. The Indian response to the problem has been under constant fire from the Western media and think groups in recent months for being lacking in moral clarity and strategic coherence in the face of Russia’s unwarranted aggression.
  • India refused to expressly condemn Russia’s aggression against Ukraine over the course of the past nine months and pushed on a truce rather than calling for a dialogue between the warring parties. At the same time, India refrained from supporting Russian aggression, emphasised the need to uphold the UN Charter, emphasised the inviolability of territorial sovereignty, cautioned against the use of nuclear weapons, and attempted to raise awareness of the negative economic effects of the conflict on the “Global South.”
  • America showed sensitivity to India’s position: In the Biden administration there was a measure of understanding of where Delhi was coming from and India’s long-standing equities in the relationship with Russia and the constraints it imposed on India. Official Washington never let the heat of the Ukraine crisis in Europe undermine the longer-term American imperative of engaging India to stabilize the Indo-Pacific. The same can’t be said about Europe, but then the continent was right in the middle of the gravest conflict since the Second World War. The European trauma from a shattered peace is real.
  • India’s role in the grain shipment and nuclear power station: According to recent reports in the US media, India made diplomatic contributions at a number of pivotal points during the nine-month-long conflict, including helping to resolve disagreements over the grain shipment agreement from Ukraine and lowering the risks of a war aimed at the nuclear power station in eastern Ukraine at Zaporizhzhia.

India’s Role

Indian influence is minimal. South Block is in an intriguing position because of its good ties to both Moscow and Washington. However, communication between the US and Russia is not limited to India. Moscow and Washington are not wholly dependent on other parties.

Efforts by west and Russia

  • Defence ministers’ communications: The defence ministers of the two nations have frequently spoken with one another, reminding one another of their redlines in the conflict. Winter will gradually reduce the opportunities for military operations in Ukraine, giving all sides a chance to pause, regroup, and re-evaluate their strategy and tactics.
  • Putin’s approach: Putin’s present emphasis on obliterating Ukrainian cities and his sporadic threats to deploy nuclear weapons highlight Russia’s weakness rather than strength in the Ukraine war. From a military standpoint, Russia cannot easily claim a “win” in this conflict.
  • Limitations of Putin: Putin may be forced to think about a fair draw that will preserve his political reputation and help Ukraine win some territory. Is it possible to say the same of the other Vladimir? Vladimir or Volodymyr the Great, who lived in the 10th century, is credited by both the Russians and the Ukrainians with founding their countries.
  • Ukraine’s approach: Volodymyr Zelenskyy, the president of Ukraine, has led the nation’s defence against Russian invasion with astonishing tenacity. The Ukrainian army, in contrast to the Russian troops, are fighting to defend their country from invasion and have dealt the Russians serious military defeats.
  • Limitations of Ukraine: Can Zelenskyy liberate all of Russia’s occupied areas, including Crimea, which Russia seized forcibly in 2014? Zelenskyy may like to continue fighting until he achieves his objective, but the Western coalition that is supporting him is having second thoughts.
  • Western sanctions against Russia: The West wagered that the severe economic sanctions it imposed when Moscow began its conflict with Ukraine would bring down the Russian economy. The sanctions’ consequences are starting to have a significant impact on Western cultures, but Russia is still standing.
  • Cost of energy increasing and sanctions being ineffective Political support for a swift end to the battle is rising across Europe as the economic and energy costs of the war rise. Republicans and Democrats in the US, which has emerged as Ukraine’s main ally, are both questioning the current American “blank cheque” for Ukraine. In this week’s midterm elections for the US Congress, Republicans are predicted to perform strongly, which might exacerbate internal conflict and put a shadow over American foreign policy, especially the Ukraine approach.
  • Although these events do not necessarily spell the end of US strategy, Washington is starting to reassess. Washington provided Kyiv with crucial private counsel this week, urging more adaptability in Zelenskyy’s approach to talks with Putin.

@the-end

It is essential to put an end to the war in Ukraine since the western economy, particularly, is experiencing an energy and inflation crisis. India’s role as a peace broker for the Ukraine conflict has little effect. West and Russia need to see that their hopeless quest for total victory is actually doing more harm than good. Better for the world if the war ends sooner.

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