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To participate in answer writing program, Register yourself for the test. Copies will be evaluated only for the registered students. Registration will be closed after the scheduled date.

48 Hrs. Answer Writing, Copy Evaluation and Marks Improvement Cycle

  • Step 1 (Answer Writing): Questions will be uploaded on the portal on the scheduled date at 7:00 AM.  You have to write your answers on an A4 size sheet leaving margins on both sides based on the UPSC pattern. Mention your name on the 1st page and page number on each page. After writing the answer, Click pictures of each page of your answer sheet, merge them all in a single PDF and upload in the comment section of the same question. Answers should be uploaded before 7:00 PM on the same day.
  • Step 2 In Next 48 Hrs (Copy Evaluation & Discussion): After evaluation, the first 50 copies will be uploaded on the same comment box and will be sent to you. In the evening 8:00 PM marks improvement sessions for the test with respective faculty in a group will be conducted online. So that students can get a wider perspective of the topics. Here you can discuss your evaluated copies also with the faculty.

Instruction:

  • Attempt One question out of the given two.
  • The test carries 15 marks.
  • Write Your answer in 150 words.
  • Any page left blank in the answer-book must be crossed out clearly.
  • Evaluated Copy will be re-uploaded on the same thread after 2 days of uploading the copy.
  • Discussion of the question and one to one answer improvement session of evaluated copies will be conducted through Google Meet with concerned faculty. You will be informed via mail or SMS for the discussion.

Question #1. Media has a seminal role in the democratization and good governance processes.” Elaborate. Also, analyse the new IT Rules 2021 for digital media platforms enacted by the government.

Question #2. 124 A of the Indian Penal Code has often attracted media glare and criticism from political scientists and public intellectuals. What are the main features of the section and why is it needed? In a free democracy like ours what are the desirable precautions that need to be taken care of before invoking section 124 A of the Indian Penal Code against the citizens of the country?

(Examiner will pay special attention to the candidate's grasp of his/her material, its relevance to the subject chosen, and to his/ her ability to think constructively and to present his/her ideas concisely, logically and effectively).

Model Answer

Question #1. “Media has a seminal role in the democratization and good governance processes.” Elaborate. Also, analyse the new IT Rules 2021 for digital media platforms enacted by the government.

Approach

  •         Introduce by briefly stating importance of media (30 words)
  •         Explain its role in democratization good governance processes (60 words)
  •         Analyse New Digital Media Rules.(30 words)
  •         Conclusion (30 words)

Hints:

The media has a very vital role to play in a democracy. Especially in a democracy because democracy survives on public opinion and it is the creation of public opinion which is the prerogative of the media. Particularly in a situation where people are not organized, it is the job of the media to comprehend and reflect public opinion. Thus rightly, the media is called as the fourth pillar of democracy. It identifies problems in our society and serves as a medium for deliberation. They also serve as watchdogs that we rely on for uncovering wrongdoings by those who are in power.

Media has three key roles in contributing to democratization:

  • The very vital function of the media is to act as a watchdog over the powerful, promoting accountability, transparency and public scrutiny.
  • The second important role of media is to function as a civic forum for political debate, facilitating informed electoral choices and actions;
  • The third function is to act as an agenda-setter for policy makers, strengthening government responsiveness for instance to social problems and to exclusion.

Role of Media in enabling good governance:

  • Enhanced Outreach: As the recent world events have demonstrated, media (traditional as well as social media) have emerged as a powerful platform for forming an opinion as well as generating mass support. In India alone, various sites such as Facebook, snapchat, etc. have over 15 million users each and Twitter has about 5 million users. These sites offer an opportunity to reach out to these audiences at a keystroke. Many of these facilitate access through mobile devices and with nearly 900 million mobile users in India, an unprecedented outreach is possible.
  • On-demand engagement: Media can connect policy makers to citizens in real time whenever need arises. In the Libyan and Middle East crisis, as per the information mentioned in the social media framework guidelines, the Ministry of External Affairs used social media platforms such as Twitter to assist locating and evacuating Indian Citizens from these locations.
  • One-to-one connection: Media platform offers the ability to connect with each and every individual. Such an interaction also enables the marginalized to participate in discussions and present their point of view, thereby improving the political position of marginalized or vulnerable groups, such as women, youth, and minorities in India.

Digital Media Rules 2021

In February 2021, the Ministry of Electronics and Information Technology and the Ministry of Information and Broadcasting (MIB) notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (Intermediary Rules 2021) under Section 87 of the Information Technology Act, 2000 (IT Act). The objective of the Intermediary Rules 2021, which supersede the Information Technology (Intermediaries Guidelines) Rules 2011, is to establish a harmonious, soft-touch oversight mechanism in relation to social media platforms as well as digital media and OTT platforms etc.

Features of the 2021 IT rules:

  • Due diligence by intermediaries: Intermediaries include internet or telecom service providers, online marketplaces, and social media platforms.  The due diligence to be observed by intermediaries includes: (i) informing users about rules and regulations, privacy policy, and terms and conditions for usage of its services, (ii) blocking access to unlawful information within 36 hours upon an order from the Court, or the government, and (iii) retaining information collected for the registration of a user for 180 days after cancellation or withdrawal of registration.  Intermediaries are required to report cyber security incidents and share related information with the Indian Computer Emergency Response Team.
  • Significant social media intermediaries: A social media intermediary with registered users in India above a threshold (to be notified) will be classified as Significant Social Media Intermediaries.
  • Intermediaries which provide messaging as a primary service must enable the identification of the first originator of the information on its platform.  This originator must be disclosed if required by an order from the Court or the government.
  • Code of Ethics for Digital Media Publishers: The Rules prescribe the code of ethics to be observed by publishers of digital media including: (i) news and current affairs content providers, and (ii) online curated content providers (also known as OTT platforms).
  • Grievance redressal:  The Rules require the intermediaries and digital media publishers to provide for a grievance redressal mechanism.
  • In case of digital media publishers (news and OTT), a three-tier grievance redressal mechanism will be in place for dealing with complaints regarding content: (i) self-regulation by the publishers, (ii) self-regulation by the self-regulating bodies of the publishers, and (iii) oversight mechanism by the central government.
  • Blocking of content in case of emergency: In case of emergencies, the authorised officers may examine digital media content and the Secretary, MIB may pass an interim direction for blocking of such content.

The IT Rules 2021 may seek regulatory parity, but are criticized for threatening to curb creative freedom. The rules have been criticized on following fronts:

  • Social media companies like WhatsApp have expressed apprehensions about the provisions in the new rules which require them to identify traceability when required to do so by authorities. They contend that this could possibly lead to the breaking of end-to-end encryption, which in turn can compromise users’ privacy.
  • The social media giant, Twitter, has raised concerns regarding free speech over the new IT guidelines.
  • Failure to comply with the rules could lead to the removal of ‘intermediary’ status (a safe harbour to avoid liability for the content that their users publish) of the companies and could possibly invite sanction or even punishment under the law.
  • It is alleged that restrictive regulations will incentivise a black-market boom and bankrupt smaller OTT players who are already losing up to 30 per cent of their annual revenue to piracy.
  • The range of powers granted under the IT Rules 2021 is much broader and includes requiring an apology or disclaimer, re-classification of content and deletion or modification of content. As a result, the IT Rules 2021 significantly expand the scope of powers available under Section 69A and facilitate subtler forms of censorship.
  • The three-tier regulatory framework created under the rules suffers from the substantive problem of lack of independence. The third tier, which is the Inter-Departmental Committee, comprises bureaucrats and there is no guaranteed representation from the judiciary or civil society.

Conclusion

The media has a critical role to mediate between the state and citizens through the debates and discussions about the major issues of the day and informing people about the stand of their leaders on such issues. If the channels of communication reflect the cultural and social pluralism and diversity of the society, in a fair and balanced manner, then only various opinion and different voices can be heard in public debates. And if one looks at the bigger picture, these actions of media democratize the governance processes.

 

Question #2. 124 A of the Indian Penal Code has often attracted media glare and criticism from political scientists and public intellectuals. What are the main features of the section and why is it needed? In a free democracy like ours what are the desirable precautions that need to be taken care of before invoking section 124 A of the Indian Penal Code against the citizens of the country?

 

Approach:

  • Introduce with a brief description of section 124A ( 50 words)
  • Highlight the need for such a law and criticism of the law ( 150 words)
  • Conclude with a way forward emphasizing on precautionary measures so as to prevent the abuse of sedition law( 50 words)

Hints:

Section 124-A of IPC is also popularly called the sedition law. It states that “whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law in India, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine”.

What constitutes sedition?

–   The expression “disaffection” includes disloyalty and all feelings of enmity.

–   Comments expressing disapprobation of the measures of the Government with a view to obtain their alteration by lawful means, without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offense under this section.

–   Comments expressing disapprobation of the administrative or other action of the Government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offense under this section.

Section 124A has been advocated for by following arguments:

  • Section 124A of the IPC has its utility in combating anti-national, secessionist and terrorist elements.
  • It protects the elected government from attempts to overthrow the government with violence and illegal means. The continued existence of the government established by law is an essential condition of the stability of the State.
  • Many districts in different states face a Maoist insurgency and rebel groups virtually run a parallel administration. These groups openly advocate the overthrow of the state government by revolution.
  • Against this backdrop, the abolition of Section 124A would be ill-advised merely because it has been wrongly invoked in some highly publicized cases

The blatant abuse of Sec 124 to crack down on political dissent has once again raised a clamour for scrapping it. Time and again the sedition law has earned ire from various sections of the society for being a colonial legacy that deserves no place in an independent democratic country.

Section 124A is criticized on following fronts:

  • NCRB data shows that between 2016 and 2019, there has been a whopping 160 per cent increase in the filing of sedition charges with a conviction rate of just 3.3 per cent. Of the 96 people charged in 2019, only two could be convicted.
  • Governments- present and earlier ones- have indiscriminately invoked sedition charges against intellectuals, writers, dissenters and protesters.
  • Often seen as a draconian colonial law designed to suppress the voices of freedom fighters and subjugate the subjects of the British crown, there have been growing demands to erase it from the penal code by advocates of free speech.
  • Mahatma Gandhi, during his trial in 1922, termed Section 124-A as the “prince among the political sections of IPC designed to suppress liberty of the citizen”. He went on to tell the judge that “affection cannot be manufactured or regulated by law.
  • What was introduced by the Colonial regime to coerce Indians to show “affection” towards the government, has in post-Independence India, become a weapon to stifle dissent and throttle free speech that seeks accountability in governance.
  • In Kedar Nath v. the State of Bihar (1962), the constitution bench of the Supreme Court upheld the constitutional validity of Section 124A of the IPC. However, the court said that the offense of sedition would only be made out if the disputed speech amounts to “inciting violence against the government with the intention to create public disorder”. Therefore, a higher threshold of intentional inciting of violence was envisaged by the court.
  • The higher threshold set by the Supreme Court in Kedar Nath judgment has not deterred governments from misusing the sedition law for political advantage or to stifle dissent.
  • In 2018, the Law Commission of India in its report on the sedition law had clearly stated that for merely expressing a thought that is not in consonance with the policy of the Government of the day, a person should not be charged under sedition.
  • Critics argue that the vagueness of Section 124A exerts an unacceptable chilling effect on the democratic freedoms of individuals who cannot enjoy their legitimate democratic rights in fear of life imprisonment.

Conclusion:

“While it is essential to protect national integrity, it should not be misused as a tool to curb free speech. Dissent and criticism are essential ingredients of a robust public debate on policy issues as part of a vibrant democracy. Therefore, every restriction on free speech and expression must be carefully scrutinised to avoid unwarranted restrictions. The expression or thought that is not in consonance with the policy of the government of the day should not be considered as sedition. The Law Commission has rightly said, "an expression of frustration over the state of affairs cannot be treated as sedition". If the country is not open to positive criticism, there would be no difference between the pre- and post-Independence eras.

The Supreme Court needs to take into account the adverse impact of penalising dissent on the fundamental right to freedom of speech and expression.

Procedure of Answer Writing:

To participate in the answer writing program, Register yourself for the test. Copies will be evaluated only for the registered students. Registration will be closed after the scheduled date.

Answer Writing, Copy Evaluation, and Marks Improvement Cycle:

Step 1 (Theme, Details & Its Topics):

  1. Every round of Answer writing initiative will be around a theme related to the Subject/Topic.
  2. Please read the theme and its description, and try to cover the topics given within the theme before writing the answer along with the sources.

Step 2 (Answer Writing):

  1. Questions will be uploaded on the portal on the scheduled date at 7:00 AM.
  2. You have to write your answers on an A4 size sheet leaving margins on both sides based on the UPSC pattern.
  3. Mention your name, email id, location, and phone number on the 1st page in the top right corner and the page number on each page.
  4. After writing the answers, Click pictures of each page of your answer sheet, merge them all in a single PDF and upload them in the upload section of the same question.
  5. Kindly submit your written answers before 7:00 PM. Only the first 100 copies will be considered for evaluation. No request for late submission or evaluation will be entertained once the 100 mark is reached.

Note: Answer sheets without the proper guidelines given above will not be accepted for evaluation.

Step 3 (Copy Evaluation): Copies will be evaluated in the next 72 hours of the test date. After evaluation, copies will be uploaded into your account. During the copy evaluation period, doubt clearing and discussion about the theme or topic of the test with respective mentors of the test will be done in the telegram group

Step 4 (Mentorship): Evaluated copies will be sent to you via mail and also uploaded into your account on the website. After that a mentorship session for the marks improvement with respective faculty will be conducted on the Google Meet, so that students can get a wider perspective of the topics. Here you can discuss your evaluated copies also with the faculty. Top 5 copies of every test will be shared in the telegram group for reference.

Note: Aspirants who have not written the test can also participate in the mentorship session.

For Updates and Mentorship of the session, you will be notified through SMS or Telegram Group.

For Notification And Update About the Program Join Telegram Group at: https://t.me/gsscoreopendailyanswerwriting

Note: You have to write your answers on an A4 size sheet leaving margins on both sides based on UPSC pattern. Mention Your Name on 1st page and Page Number on each page. After writing the answer, Click pictures of each page of your answer sheet, merge them all in a single PDF and upload in the Your Answer Copy section of the same question.

Copy submission is closed now for this test.

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