GS Analyst
Daily Current Affairs

Recently, the latest draft of Digital Personal Data Protection Bill, 2022 has been made open for public comment and the government is going to introduce the Bill in the budget session of 2023.

Background:

• The Union Information Technology Minister announced the withdrawal of The Personal Data Protection Bill, 2019in the Lok Sabha.
• He stated that the government has decided to come up with a fresh bill that fits into the comprehensive legal framework with reference to the suggestions made by the Joint Committee of Parliament (JCP) on the Bill.
• Apart from that, the panel, headed by the former Union Minister, had recommended about 97 corrections and improvements to the Bill.
• Now, the new bill has come up with a new set of guidelines addressing the loopholes in the previous statement and demarcating more stringent lines for violators.

Key features of the New Bill:

• Regarding Data protection principles: The current draft removes explicit reference to certain data protection principles such as collection limitation.
  • This would allow a data fiduciary to collect any personal data consented to by the data principal.
• Concept of ‘Deemed consent’: The DPDP Bill, 2022 also introduces the concept of “deemed consent”.

• Fines and Penalties: For breach of Law; According to the new bill, Companies dealing with the personal data of consumers that fail to take reasonable safeguards to prevent data breaches could end up facing penalties as high as around Rs.200 crore.
  • Under the previous bill, the penalty proposed on a company for violation of the law was 15 crores or 4 percent of its annual turnover, whichever is higher.
• For intimidating: Penalties are expected to vary based on the nature of non-compliance by data fiduciaries — entities that handle and process the personal data of individuals.
• Companies failing to notify people impacted by a data breach could be fined around Rs.150 crore, and those failing to safeguard children’s data could be fined close to Rs.100 crore.
• Administration body: The Data Protection Board, an adjudicating body proposed to enforce the provisions of the Bill, is likely to be empowered to impose the fine after giving the companies an opportunity of being heard.
• Scope of Data being protected: The new Bill will only deal with safeguards around personal data and is learned to have excluded non-personal data from its ambit.

Why the bill has been reconsidered many times?

• The current legal framework for privacy enshrined in the (Information Technology Rules, 2011) is wholly inadequate to combat harm to data principals, especially since the right to informational privacy has been upheld as a fundamental right by the Supreme Court (S. Puttaswamy vs. Union of India).
• Therefore the previous bill was inadequate on four levels:
  • The extant framework is premised on privacy being a statutory right rather than a fundamental right and does not apply to the processing of personal data by the government;
  • It has a limited understanding of the kinds of data to be protected;
  • It places scant obligations on the data fiduciaries which, moreover, can be overridden by contract and;
  • There are only minimal consequences for the data fiduciaries for the breach of these obligations.

Concerns associated:

• The new bill does not consider the concept of “sensitive personal data”. This includes biometric data, health data, genetic data, etc.
• This personal data is afforded a higher degree of protection in terms of requiring explicit consent before processing and mandatory data protection impact assessments.
• The DPDP Bill, 2022 seems to suppose that a notice is only to be provided to take consent of the data principal. This is a limited understanding of the purpose of the notice.
• A notice is also important for the data principal to exercise data protection rights such as the right to know what personal data is being processed by whom, whether that data needs correction or updating, and also to request deletion of data that may not be relevant for processing.

Way forward:

• Data protection laws need to ensure that the compliances for data fiduciaries are not so onerous as to make even legitimate processing impractical.
• The challenge lies in finding an adequate balance between the right to privacy of data principles and reasonable exceptions, especially where government processing of personal data is concerned. 
• With technological evolutions, an optimum data protection law design needs to be future-proof — it should not be unduly detailed and centered on providing solutions to contemporary concerns while ignoring problems that may emerge going forward.
• The law needs to be designed for a framework of rights and remedies that is readily exercisable by data principals given their unequal bargaining power concerning data fiduciaries.

The GI Registry at Guindy, Chennai, has received an application from the Tribal Development Council, Andaman & Nicobar Islands, seeking the GI tag for the Nicobari hodi craft.

About Nicobari hodi:

• “Hodi is the Nicobari tribe’s traditional craft.
• It is an outrigger canoe, very commonly operated in the Nicobar group of islands.
• The technical skills for building a hodi are based on indigenous knowledge inherited by the Nicobarese from their forefathers.
• The hodi is built using either locally available trees or from nearby islands, and its design varies slightly from island to island.
• Considerations to be taken into account include the length of the finished canoe, which has to be 12 times that of its width while the length of the undressed tree trunk has to be 15 times this width.
• Hodis is used for transporting people and goods from one island to another, for sending coconuts, and for fishing and racing purposes.
• Hodi races are held between islands and villages.
• This is the first application from the Union Territory seeking a tag for one of its products.

Significance of Nicobar Islands:

• Nicobarese and Shompens belonging to Mongoloid race inhabit these islands which differ from the Andaman tribes belonging to the Negritoid race.
• The major population of the Nicobari tribe is living in Car Nicobar Island which is one among the 11 inhabited islands of the Nicobar district under the Union territory of Andaman and Nicobar Islands.
• This island is flat with some cliffs and surrounded by white sandy beaches with bluish unpolluted water.
• The economy of the Nicobari tribe is intricately linked with the forest through coconut plantation and sea through fishing.
• The traditional craft of the Nicobari tribe is the Hodi, which is an outrigger canoe, very commonly operated in the Nicobar group of Islands.
  
  

• From time immemorial Nicobarese showed their excellent craftsmanship in constructing their canoe from a single log by hollowing the trunk of the tree.
• These canoes have proper buoyancy and stability for racing.

This month marks yet another annual “16 Days of Activism” against gender-based violence. It is an opportunity for India to align its commitment to all women, their protection, and their empowerment, regardless of their legal status.

“16 Days of Activism”:

• It is an annual international campaign that kicks off on 25 November, the International Day for the Elimination of Violence against Women, and runs until 10 December, Human Rights Day.
• It was started by activists at the inaugural Women’s Global Leadership Institute in 1999.
• It is used as an organizing strategy by individuals and organizations around the world to call for the prevention and elimination of violence against women and girls.
• The global theme for this year is “UNITE! Activism to end violence against women and girls”.

The Global scenario:

• Global Increase in violence: The world is faced with a global increase in reported domestic violence, child marriage, trafficking, sexual exploitation, and abuse.
• Events of Violence: The coup in Myanmar, a Taliban takeover in Afghanistan, and Russia’s invasion of Ukraine have all occurred in the last 18 months.

The case of refugees:

• Numbers: There are over 2,12,000 refugees in India including those supported by the Government of India, more than half of whom are women and girls.
• Accessing protection services: India ensures that refugees can access protection services that are on par with their fellow Indian hosts.
• Refugees registered directly by the Government:
• Refugees registered directly by the Government, are entitled to Aadhaar cards and PAN cards to enable their economic and financial inclusion.
• They can have access to national welfare schemes and contribute effectively to the Indian economy.
• Refugees registered with UNHCR, e.g. Afghanistan:
• They have access to protection and limited assistance services.
• They do not possess government-issued documentation.
• They are unable to open bank accounts.

Violence against Women:

• The United Nations defines violence against women as "any act of gender-based violence that results in, or is likely to result in, physical, sexual, or mental harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life."
• Violence against women is a social, economic, developmental, legal, educational, human right, and health (physical and mental) issue.
• It is a preventable cause of morbidity and mortality in women.
• Violence against women occurs throughout the life cycle from pre-birth, infancy, childhood, adolescence, and adulthood to old age.

Causes of violence against women:

• Gender Disparity: is one of the deep-rooted causes of violence against women that put women at risk of several forms of violence.
• Psychiatric Morbidity: It refers to the incidence of both physical and psychological deterioration as a result of a mental or psychological condition.
• Sociodemographic factors: Patriarchy has been cited as the main cause of violence against women.
• Family factors: Exposure to harsh physical discipline during childhood and witnessing the father beating the mother during childhood is a predictor of victimization and perpetration of violence against the wife in adulthood.

Consequences:

• Health issues: Violence in any form affects not only the physical mental sexual and reproductive health of women but also adversely affects their self-esteem, and ability to work and make decisions about fertility.
• Economic Issues: Violence against women can have a serious impact on the economy of the household as well as on the nation.
• Development: Violence obstructs the participation of women in development and planning programs both at micro and macro levels.
• Rights Issues: Any form of Violence against women hinders their realization of fundamental rights under Articles 14, 21, 19, and 32 of the Indian constitution.

Concerns:

• Underreporting
• Erring Laws
• Dearth of data and statistics
• Accused are known persons
• Improper implementation

Way Forward:

• Women in India continue to make progress in all areas of human endeavors, including politics, science, business, medicine, sports, and agriculture.
• India has the largest number of women in the United Nations peacekeeping forces.
• Women have overcome “the glass ceiling” in the armed forces and can also serve as commanders since 2020.
• The ‘Nari Shakti for New India’ campaign represents the aspirations of millions of women in India, who not only participate but lead development initiatives a clear display that women are leading from the front.

Union Home Minister has proposed a permanent secretariat for “No Money for Terror,” (NMFT) a ministerial body.

• The “No Money for Terror” conference was started in 2018, as an initiative of the French government, to specifically focus on cooperation between countries to choke terror funding.
• In 2019, the conference was held in Australia.
• It was to be held in India in 2020 but was postponed due to the Covid-19 pandemic.

Conference 2022:

• It was attended by delegates from 72 countries and 15 international organizations.
• During the Conference, deliberations were held in four sessions with a focus on:
  • Global Trends in Terrorism and Terrorist Financing.
  • Use of Formal and Informal Channels of Funds for Terrorism.
  • Emerging Technologies and Terrorist Financing.
  • International Co-operation to Address Challenges in Combating Terrorist Financing

Key Points:

• India reiterated that all countries will have to agree on one common definition of ‘terrorism’ and ‘terror financing’.
• Avoid the issue from turning into a political issue.
• Prevention of the use of Non-Profit Organizations (NPOs) to spread terror Ideology.
• India has decided to develop national and global databases on crimes such as terrorism, narcotics, and economic offenses.
• India will circulate a discussion paper to all participating jurisdictions for their comments.
• India stressed the need to strengthen the United Nations Security Council framework to deal with the threat of terrorism.

Significance of Permanent Secretariat:

• To coordinate global efforts against terror funding more efficiently
• To sustain the continued global focus on countering the financing of terrorism.
• The time is ripe as India is positioning itself as a global player in the anti-terrorism fight.
• To deal with money laundering as well as combating the financing of terrorism issue.
• It will be working complementary to Financial Action Task Force (FATF).

Measures suggested:

• Preventing diversion from legal financial instruments by fighting anonymity in financial networks.
• Restricting the use of proceeds of other crimes for terrorist activities
• Preventing the use of new financial technologies, virtual assets such as crypto-currencies, wallets, etc., for terror activities
• Eliminate the use of Illegal channels, cash couriers, and hawala by terror networks
• Continuous capacity building of counter-terror and financial intelligence agencies of all countries.

India’s stand at NMFT Conference 2022:

• Regime Change in Afghanistan: India urged the international community to take cognizance of threats emerging from regime change in Afghanistan, as the last one had led to the 9/11 attacks.
• Stress on Terrorist's Safe Havens: India stressed that the international community should never ignore terrorists’ safe havens or their resources.
• Cost of Terrorism Supportive Countries: Certain countries support terrorism as part of their foreign policy. They offer political, ideological, and financial support to them.
• Threats from Organised Crime: Organised crime should not be seen in isolation and these gangs often have deep links with terrorist outfits.

Initiatives to Counter Terrorism:

National:

• In January 2009, in the wake of the 26/11 terrorist attack, the National Investigation Agency was established to deal with terrorist crimes.
• In India, the Unlawful Activities (Prevention) Amendment Act is the primary anti-terrorism law.
• To gather information related to security, the National Intelligence Grid (NATGRID) has been established.
• An operational hub has been created for the National Security Guard to ensure a rapid response to terrorist attacks.

Global:

United Nations Office of Counter-Terrorism (UNOCT)

• Terrorism Prevention Branch (TPB) of the United Nations Office on Drugs and Crime (UNODC)
• Financial Action Task Force (FATF)
• India’s Annual Resolution on Counter-Terror

A recent report by Morgan Stanley expects that India’s GDP is likely to surpass $7.5 trillion by 2031, making it the third-largest economy in the world.

Morgan Stanley (MS) Report:

• Morgan Stanley (MS), report titled “Why this is India’s decade”, states that “four global trends imply that India is set to become the third-largest economy within the coming decade due to:
  • Demographics
  • Digitalization
  • Decarbonization
  • Deglobalization
• India’s GDP is likely to surpass $5 trillion by 2031, more than double current levels.
• India’s per-capita income is expected to rise from $2,278 now to $5,242 in 2031, setting the stage for a discretionary spending boom.
• The number of households earning more than $35,000/year is likely to rise fivefold in the coming decade, to over 25 million.

What will trigger this rise?

• Off-shoring: In the post-Covid environment, global CEOs appear more comfortable with both working from home and working from India.
• In the coming decade, the number of people employed in India for jobs outside the country is likely to at least double to over 11 million.
• The all-time high MNC Sentiment Index shows, that Multinationals are more optimistic than ever about investing in India.
• Digital differentiation: IndiaStack, which operates at a population scale, is a transaction-led, low-cost, high-volume, small-ticket-size system with embedded lending that will take India from a ‘prepaid’ economy to a ‘postpaid’ (buy now, pay later) one.
  
  

  India Stack is a set of application programming interfaces (APIs) that allows governments, businesses, startups, and developers to utilize a unique digital Infrastructure to solve India’s hard problems towards presence-less, paperless, and cashless service delivery.

• Energy transition: Energy is a key to economic development, as it impacts education, productivity, communication, commerce, and quality of life.
  • India’s energy needs are still growing, and therefore legacy capacity using fossil fuels will not be destroyed as it transitions to a higher share of renewables.
  • All of India’s 600,000-plus villages have access to electricity, due to recent upgrades to transmission and distribution, among other changes.

What are the risks to these projections?

• Prolonged global recession or sluggish growth
• Adverse geopolitical developments
• Domestic politics and policy errors
• Shortages of skilled labor
• Steep rises in energy and commodity prices

Investing In the India Decade:

 The country gives investors a plethora of compelling reasons to invest in India.

• The largest youth population in the world
• Huge domestic market
• Flourishing economy
• Diverse sectors
• Governance
• Thriving infrastructure

Other reports favoring India's growth:

National Bureau of Economic Research (NBER): It publishes a paper titled: “The future of global economic power”. It has used the UN’s demographic data and IMF economic data to predict:

• China and India will become the world’s top two economies.
• The share of the US and Western Europe will shrink to just 12.3 percent and 11.9 percent, respectively.
• productivity growth and its interaction with demographic change are going to be the main drivers of future economic power.
• If recent productivity continues and demographic projections prove accurate, India will account for one-third of world output in 2100 and China for over one-fifth.

A Report by the Centre for Science and Environment (CSE) to mark World Antimicrobial Awareness Week (WAAW) mentioned that Antimicrobial resistance (AMR) is a ‘silent pandemic’ and is a global public health threat. 

Key Points:

• The report has highlighted concern over the increasing use of antibiotics and infectious diseases are becoming difficult to treat.
• According to a study, some 4.95 million deaths were associated with, and 1.95 million deaths were directly attributable to bacterial AMR worldwide in 2019.
• Apart from health, AMR is also likely to heavily impact livelihood and economies.
• Waste from farms, factories, community, and healthcare settings contributes to the emergence and spread of AMR through environmental routes.
• Prevention implies the adoption of strategies and approaches that can reduce the need for antimicrobials.
• For example, in the human health sector, better sanitation, access to clean water, and appropriate hand hygiene can reduce the chances of infection and the need for antimicrobials.
• The Centre for Science and Environment (CSE) is also going to promote Ethnoveterinary medicine (EVM) for treating animals.

What is Antimicrobial Resistance?

• Antimicrobial Resistance is the resistance acquired by any microorganism (bacteria, viruses, fungi, parasites, etc.) against antimicrobial drugs that are used to treat infections.
• It occurs when a microorganism changes over time and no longer responds to medicines making infections harder to treat and increasing the risk of disease spread, severe illness, and death.
• The World Health Organisation (WHO) has identified AMR as one of the top ten threats to global health.
  
  

Factors Responsible:

• Antibiotic consumption in humans
• Access to antibiotics without prescription.
• Lack of knowledge about when to use antibiotics.
• Steroidal injection into Animals
• Anti-microbial drugs for animals
• Untreated disposal of sewage water bodies

Threats:

• Life-threatening Condition: The growth of AMR has proved to be a major challenge in the treatment of sepsis, which is a life-threatening condition, and, unfortunately, the failure of antibiotics is leading to deaths that are preventable.
• Reduction in Medical Advances: AMR is also undermining and undoing medical advances over decades, especially for high-burden diseases like tuberculosis and various cancers.
• Achievements of Goals: It is putting the gains of the Millennium Development Goals at risk and endangers the achievement of the Sustainable Development Goals.
• Increase in Superbugs: Untreated wastewater from medical facilities is awash with chemical compounds that promote Superbugs.
• Expanding with Time: The concoction of self-medication and over-the-counter (OTC) antibiotic availability has led to one of the highest rates of antibiotic resistance in the world.

Recent Government Initiatives:

• National Programme on AMR containment: Launched in 2012. Under this programme, AMR Surveillance Network has been strengthened by establishing labs in State Medical College.
• National Action Plan on AMR: It focuses on the One Health approach and was launched in April 2017 with the aim of involving various stakeholder ministries/departments.
• AMR Surveillance and Research Network (AMRSN): It was launched in 2013, to generate evidence and capture trends and patterns of drug-resistant infections in the country.
• AMR Research & International Collaboration: Indian Council of Medical Research (ICMR) has taken initiatives to develop new drugs /medicines through international collaborations in order to strengthen medical research in AMR.
• Antibiotic Stewardship Program: ICMR has initiated an Antibiotic Stewardship Program (AMSP) on a pilot project across India to control the misuse and overuse of antibiotics in hospital wards and ICUs.
• DCGI had banned 40 Fixed Dose Combinations (FDCs) which were found inappropriate.

Way forward:

• Addressing AMR requires a multipronged and multisectoral approach. The urgency to develop new drugs should not discourage us from instituting measures to use the existing antimicrobials judiciously.
• One Health Approach: AMR has the potential to return the world to a pre-antibiotic era when medicines could not treat even simple infections.
• Therefore, to contain AMR, there is a need for a One Health Approach through coherent, integrated, multi-sectoral cooperation and actions, as human, animal, and environmental health are integrated.