10 JULY 2023

Topic 1 : Exercise JIMEX

Context: The seventh edition of the bilateral Japan-India Maritime Exercise 2023 (JIMEX 23) is being conducted.
 

Key details:

• It was hosted by the Indian Navy.
• It was started in 2012.
• Indian Participation:
  • INS Delhi, India’s first indigenously built Guided Missile Destroyer,
  • INS Kamorta, an indigenously designed and built Anti-Submarine Warfare Corvette,
  • fleet tanker INS Shakti,
  • a submarine,
  • maritime patrol aircraft P8I and Dornier, etc.Topic 2 : Ambergris

Context: Days after the carcass of a sperm whale washed up on a shore of the Canary Island a pathologist found ambergris, also known as ‘floating gold’.
 

About Ambergris

• Ambergris is a waxy substance that originates from the digestive system of protected sperm whales.
• One of the theories about its formation suggests that it is produced in the gastrointestinal tract of some sperm whales for the passage of hard, sharp objects that are ingested when the whale eats large quantities of marine animals.
• The ambergris is said to be passed like faeces and has a very strong faecal odour combined with a strong marine odour.
• Uses of ambergris
  • Ambergris is a rare substance, which contributes to its high demand and high price in the international market.
  • Traditionally, it is used to produce perfumes which have notes of musk.
  • While there are records of it being used to flavour food, alcoholic beverages and tobacco in some cultures in the past, it is rarely used for these purposes presently.
• Legalities in India
  • There is a ban on the possession and trade of ambergris in countries like the USA, Australia and India.
  • In the Indian context, sperm whales are a protected species under Schedule 2 of the Wildlife Protection Act and possession or trade of any of its by-products, including Ambergris and its byproducts, is illegal under provisions of the Wildlife Protection Act, 1972.Topic 3 : Mosaic viruses

Context: Tomato growers in Maharashtra and Karnataka have blamed cucumber mosaic virus (CMV) and tomato mosaic virus (ToMV) for the loss of yields.
 

About CMV and ToMV

• The two plant pathogens have similar names and cause similar damage to crops, but they belong to different viral families.
  • ToMV belongs to the Virgaviridae family and is closely related to the tobacco mosaic virus (TMV).
    • ToMV hosts include tomato, tobacco, peppers, and certain ornamental plants.
  • CMV has a much larger host pool that includes cucumber, melon, eggplant, tomato, carrot, lettuce, celery, cucurbits and some ornamentals. CMV was identified in cucumber in 1934, which gave the virus its name.
• Spread of virus:
  • ToMV spreads mainly through infected seeds, saplings, agricultural tools and often, through the hands of nursery workers who have failed to sanitise themselves properly before entering the fields.
  • CMV is spread by aphids, which are sap-sucking insects.
    • CMV too can spread through human touch, but the chances of that are extremely low.
• Impact on the crop:
  • Both viruses can cause almost 100 per cent crop loss unless properly treated on time.

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Topic 4 : Uniform Civil Code

Context: Recently, Prime Minister of India emphasised the crucial need for the implementation of a Uniform Civil Code (UCC) in India.
 

About Uniform Civil Code

• A Uniform Civil Code would provide for one law for the entire country, applicable to all religious communities, in their personal matters such as marriage, divorce, inheritance, adoption, etc.
• It aims to replace the existing diverse personal laws that vary based on religious affiliations.
   

Constitutional status:

• The framers of the Constitution recognised the need for uniform personal laws, but placed it in the Directive Principles of State Policy.
• Article 44 is among the Directive Principles of State Policy that have a provision for UCC.
• Currently, Indian personal law is fairly complex, with each religion adhering to its own specific laws.GS II : About DPSP
  • The Constitution lays down certain Directive Principles of State Policy, which though not justiciable, are ‘fundamental in governance of the country’.
  • It is the duty of the State to apply these principles in making laws.
  • Directive Principles are not enforceable by court, but are supposed to inform and guide governance.
  • These lay down that the State shall strive to promote the welfare of people by securing and protecting a social order, in which justice-social, economic and political-shall form in all institutions of national life.

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Has any state implemented the UCC?

• UCC is in force only in the state of Goa.
• The Goa Civil Code was given by the Portuguese in 1867.
• Uttarakhand is also set to be the first state in post-Independent to implement UCC.
   

Arguments For Uniform Civil Code

• It will promote integration of India:
  • The implementation of a Uniform Civil Code (UCC) will promote the integration of India by establishing a shared platform for diverse communities
  • Personal laws rooted in religion are a challenge to the unity of the nation.
  • The implementation of a Uniform Civil Code (UCC) will promote the integration of India by establishing a shared platform for diverse communities.
• Ease for Supreme Court of India:
  • The Supreme Court will find it easy to deal with cases involving marriage, divorce, property rights etc because presently it faces conflict situation due to different laws for the above subjects.
• It will fulfill constitutional objective:
  • The implementation of a Uniform Civil Code (UCC) is a constitutional objective aimed at ensuring equitable justice for all communities.
  • It would be ideal for India to establish a codified family law that aligns with progressive interpretations of religious texts and upholds constitutional principles of justice and equality.
• Reforming the Shariat law:
  • The Shariat Application Act of 1937 lacks provisions pertaining to significant elements including the minimum age for marriage, consent, meher (dowry), divorce proceedings, polygamy, child custody and guardianship, as well as women’s entitlement to property.
  • As a result, the practice of child marriages continues to endure.
  • These practises are deemed justified based on the principles of Shari’a law, which stipulates that a girl becomes eligible for marriage upon reaching the age of puberty.

Arguments Against Uniform Civil Code

• Violates fundamental right to freedom of religion:
  • The main argument against the UCC is that it violates the constitutional freedom to practice the religion of choice, which allows religious communities to follow their respective personal laws.
  • For example, Article 25 gives every religious group the right to manage its own affairs, and Article 29 gives them the right to conserve their distinct culture.
• No such precedent established:
  • If codified civil laws and criminal laws such as the Code of Criminal Procedure (CrPC) and the Indian Penal Code (IPC) don’t follow ‘one nation, one law’, then how can this diktat be applied to personal laws of communities
  • For example, the law of anticipatory bail differs from one state to another.
• A Hinduised Code:
  • The UCC will impose a ‘Hinduised’ code for all communities.
  • For example, a UCC could include provisions for family disputes on property inheritance, which may be in line with Hindu customs and will legally force other communities to follow the same.
• Recommendation of the Law Commission:
  • The 21st Law Commission emphasised the importance of reforming family laws across various religions to ensure gender equity, rather than solely focusing on the enactment of a Uniform Civil Code (UCC).
  • It focused on the consistency of rights rather than legislation.
  • The Law Commission expressed its support for achieving “equality within communities” between men and women, as opposed to pursuing “equality between” communities.
• Parliament not the sole authority:
  • According to the Constitution, the authority to enact legislation pertaining to personal laws is vested in both the Parliament and state Assemblies.
  • The inclusion of personal law in the Concurrent List (entry No. 5) appears to be motivated by the desire to maintain legal diversity.
• Against a multicultural society:
  •  The proposed Uniform Civil Code (UCC) should reflect India’s multiculturalism.
  • Ultimately, the significance of unity surpasses that of uniformity.

Impact of UCC on different personal laws:

• Hinduism
  • If the UCC is introduced existing laws like the Hindu Marriage Act (1955), the Hindu Succession Act (1956) would have to be amended.
  • For example, the Hindu Marriage Act says its provisions will not apply to the Scheduled Tribes.
  • The law states that customary practices will override the provisions.
  • But UCC won’t allow all these exceptions.

• Islam
  • The Muslim Personal (Shariat) Application Act, 1937, states that Shariat or Islamic law will guide marriage, divorce, and maintenance.
  • If the UCC comes in, then the minimum age of marriage under the Shariat law would be changed and polygamy could be abolished.
• Sikhs
  • Marriage laws that govern the Sikh are covered by the Anand Marriage Act of 1909.
  • However, there is no provision for divorce.
  • Sikh separations are then governed by the Hindu Marriage Act, but if UCC is introduced, a common law is likely to apply to all communities and marriages registered under the Anand Act.
• Parsi
  • Under the Parsi Marriage and Divorce Act, 1936, any woman who marries someone from another religion loses all rights to Parsi rituals and customs, but if UCC comes, this provision will be abolished.
  • Parsis do not recognise the rights of adoptive daughters, while an adopted son can only perform the last rites of the father.
  • If the UCC is introduced, then the guardianship and custody laws for all religions will be common.
• Christianity
  • UCC will impact Christian personal law such as inheritance, adoption, and succession, but it is the aspect of marriage and the non-recognition of divorce by the Catholic Church which will need more consideration.
  • The Christian Divorce Law makes the separation period of two years mandatory for any couple to get a mutual divorce, but if UCC comes in, this would be universal.
  • The Succession Act of 1925 gives Christian mothers no right in the property of their deceased kids.
    • All such property is to be inherited by the father.
    • This provision would also be abolished if UCC comes in.

Way forward:

• It is imperative to ensure that certain groups or marginalised segments of society are not subjected to disadvantageous treatment during this endeavor
• Dr B R Ambedkar expressed the view that a Uniform Civil Code was a desirable objective but he recommended that its implementation should be voluntary.
• The inclusion of the Uniform Civil Code (UCC) in the Constitution was predicated upon the condition that it would be implemented at a time when the nation was deemed prepared to embrace it, and when there was sufficient social acceptance for its adoption.
• The 21st Law Commission exhibited a strong inclination towards prioritising gender equality within communities, as opposed to pursuing equality between communities.
• It is essential to remember that the struggle for a Uniform Civil Code is not one of homogenizing diverse cultures or infringing on individual religious freedom.
• Instead, it is a quest for gender justice, equal rights, and a shared sense of citizenship, irrespective of religious affiliation.
• The discourse on UCC should go beyond the binary of tradition and modernity or religious freedom and state intervention.
• Many nations are currently transitioning towards acknowledging and accepting diversity.
• It is important to note that the mere presence of diversity does not necessarily indicate discrimination, but rather signifies a thriving democratic society.
• We need to see it as a necessity for equality, an instrument for social justice, and a constitutional promise that needs to be fulfilled.
• This might be the way forward to ensure that laws do not remain the frozen script of what was once just but become the living voice of what is just now.Topic 5 : The Zo community

Context: The Zoram People’s Movement (ZPM), called for a reunification of the Zo people in view of the continuing ethnic violence between the dominant Meiteis and the Kuki-Zomi tribes in the neighbouring state.
 

About the Zo community

• Manipur’s Kuki-Zomi peoples come under the larger umbrella of the Zo ethnic tribes, one of the largest of which are the Lushei of Mizoram.
• The Chin Hills, or Indo-Chin hill ranges, is a thickly forested region with an elevation of 2,100-3,000 metres in northwestern Myanmar.
• The Hills are home to a large number of tribes that come under the Zo umbrella.
• The Zo peoples include all tribes of:
  • the Chin-Kuki-Mizo ethnic group spread across Myanmar, India, and Bangladesh, along with many sub-tribes and clans such as the Chin, Kuki, Mizo, Lushei, Zomi, Paitei, Hmar, Ralte, Pawi, Lai, Mara, Gangte, Thadou, etc.
• The tribes are believed to have migrated from China through Tibet to settle in Myanmar, and speak a group of Tibeto-Burman languages.
• Constant feuds among the tribal clans and their kings (chieftains) drove many of the clans westward to modern-day Mizoram and parts of Manipur in the 17th century.
• They remained socially and emotionally enmeshed with the Chin tribes of Myanmar.
• Apart from ethnicity and religion, the tribes are knit together by Christianity

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Topic 6 : Data Protection Bill

Context: The Digital Personal Data Protection Bill, 2022, a draft of which was floated previously, is expected to be tabled in Parliament’s Monsoon Session.
 

About the Bill:

• The Digital Personal Data Protection Bill, 2022, is a crucial pillar of the overarching framework of technology regulations the Centre is building.
• The proposed law will apply to processing of digital personal data within India; and to data processing outside the country if it is done for offering goods or services, or for profiling individuals in India.
• It requires entities that collect personal data, called data fiduciaries to maintain the accuracy of data, keep data secure, and delete data once their purpose has been met.
• The Bill is expected to allow “voluntary undertaking”.
  • Entities violating its provisions can bring it up with the data protection board, which can decide to bar proceedings against the entity by accepting settlement fees.
  • Repeat offences of the same nature could attract higher financial penalties.
• The data protection legislation specifies norms on management of personal data of Indian residents and requires explicit consent from people whose data is collected and used.
• The Bill draws from an EU law — The General Data Protection Regulation — and benchmarks 23 instances in which taking consent for recording data is not possible.
• The Bill has a clause for offering voluntary undertaking in case an entity wants to admit that a breach has occurred and pay penalty as mitigation measure to avoid court litigation.
• The Data Protection Board of India could fine firms which do not protect user data with fines for individual offences ranging from ₹10,000 to ₹500 crore, which may apply in case of data breaches.

Key highlights of the Bill

• Applicability:
  • The Bill will apply to the processing of digital personal data within India where such data is:
    • collected online, or
    • collected offline and is digitised.  
  • It will also apply to the processing of personal data outside India, if it is for offering goods or services or profiling individuals in India.  
• Definition:
  • Personal data is defined as any data about an individual who is identifiable by or in relation to such data.  
  • Processing has been defined as an automated operation or set of operations performed on digital personal data.
    • It includes collection, storage, use, and sharing.
• Consent:
  • Personal data may be processed only for a lawful purpose for which an individual has given consent.  
  • Consent will be deemed given where processing is necessary for:
    • performance of any function under a law,
    • provision of service or benefit by the State,
    • medical emergency,
    • employment purposes, and
    • specified public interest purposes such as national security, fraud prevention, and information security.
  • For individuals below 18 years of age, consent will be provided by the legal guardian.
• Rights and duties of data principal:
  • An individual, whose data is being processed (data principal), will have the right to:
    • obtain information about processing,
    • seek correction and erasure of personal data,
    • nominate another person to exercise rights in the event of death or incapacity, and
    • grievance redressal.  
  • Data principals will have certain duties.  They must not: 
    • register a false or frivolous complaint,
    • furnish any false particulars, suppress information, or impersonate another person in specified cases.  
• Obligations of data fiduciaries:
  • The entity determining the purpose and means of processing, called data fiduciary, must:
    • make reasonable efforts to ensure the accuracy and completeness of data,
    • build reasonable security safeguards to prevent a data breach and inform the Data Protection Board of India and affected persons in the event of a breach, and
    • cease to retain personal data as soon as the purpose has been met and retention is not necessary for legal or business purposes (storage limitation).
      • The storage limitation requirement will not apply in case of processing by government entities.
• Transfer of personal data outside India:
  • The central government will notify countries where a data fiduciary may transfer personal data.  
  • Transfers will be subject to prescribed terms and conditions.
• Exemptions:
  • Rights of the data principal and obligations of data fiduciaries (except data security) will not apply in specified cases including prevention and investigation of offences, and enforcement of legal rights or claims.  
  • The central government may, by notification, exempt certain activities from the application of provisions of the Bill.  
  • These include:
    • processing by government entities in the interest of the security of the state and public order, and
    • research, archiving, or statistical purposes.
• Data Protection Board of India: 
  • The central government will establish the Data Protection Board of India. 
  • Key functionsof the Board include:
    • monitoring compliance and imposing penalties,
    • directing data fiduciaries to take necessary measures in the event of a data breach, and
    • hearing grievances made by affected persons.
  • The central government will prescribe:
    • composition of the Board,
    • selection process,
    • terms and conditions of appointment and service, and
    • manner of removal.

Arguments for the Bill:

• Easy enforcement of laws:
  • Data localisation will help law-enforcement access data for investigations and enforcement.
  • As of now, much of cross-border data transfer is governed by individual bilateral “mutual legal assistance treaties”.
• Support of local companies:
  • Many domestic-born technology companies, which store most of their data exclusively in India, support localisation.
  • Localisation will also increase the ability of the Indian government to tax Internet giants.

Arguments against the Bill:

• Against Right to Information:
  • Concerns have been raised on an amendment to the RTI Act, 2005 in the DPDP Bill that would prohibit government departments from sharing personal information.
  • Due to this government departments may refuse to share information that could hold public officeholders accountable.
• Appointment of members of board by the centre:
  • The control of the central government in appointing members of the data protection board is also a subject of concern.
  • The chief executive of the board will be appointed by the central government, which will also determine the terms and conditions of their service.
     

Comparison with other countries:

• An estimated 137 out of 194 countries have put in place legislation to secure the protection of data and privacy.
• Africa and Asia show 61% (33 countries out of 54) and 57% (34 countries out of 60) adoption respectively.
• Only 48% of Least Developed Countries (22 out of 46) have data protection and privacy laws.
• EU model:
  • The GDPR focuses on a comprehensive data protection law for processing of personal data.
  • It has been criticised for being excessively stringent, and imposing many obligations on organisations processing data.
• US model:
  • Privacy protection is largely defined as “liberty protection” focused on the protection of the individual’s personal space from the government.
  • It is viewed as being narrow in focus, because it enables collection of personal information as long as the individual is informed of such collection and use.
• China model:
  • The Personal Information Protection Law (PIPL) gives Chinese data principals new rights as it seeks to prevent the misuse of personal data.

Conclusion:

• This bill presents an inadequate and problematic legal framework for data protection in India.
• It is to be hoped that the government will take constructive critique on board, and modify the bill to bring it on par with global best principles on privacy protection.Topic 7 : Gandhi Sagar Sanctuary

Context: Officials plan to shift some African cheetahs from Kuno National Park (KNP) in Madhya Pradesh to the Gandhi Sagar Sanctuary in Madhya Pradesh itself.

About Gandhi Sagar Sanctuary:

• Gandhi Sagar Sanctuary is a wildlife sanctuary in Madhya Pradesh.
• It was notified in 1974 and more area was added in 1983.
• The Chambal River passes through the sanctuary dividing it into two parts.
• Places archaeological and religious importance
  • Chaturbhujnath temple, dedicated to Vishnu, is located about 8 km from Gandhi sagar dam site
  • Hinglajgarh or Hinglaj Fort is an ancient fort
  • Taxakeshwar temple or Takhaji is a place of religious and historical importance in Mandsaur district
  • Bhanpura Museum depicts the popular arts of Mandsaur
  • Dharmrajeshwar is an ancient Buddhist and Hindu cave temple site of 4th-5th Century in Mandsaur