Indian Polity: January 2024 Current Affairs | Current Affairs & General Knowledge - CLAT PDF Download

Shimla Development Plan 2041

Context

The Shimla Development Plan 2041, focused on managing construction in Himachal Pradesh's capital city in a sustainable way, has received recent endorsement from the Supreme Court.

Shimla Development Plan 2041

• The Shimla Planning Area 2041 Development Plan, drafted by the Town and Country Planning Department of Himachal Pradesh and released in February of this year, is a geographic information system (GIS)-based initiative tailored for the Shimla Municipal Corporation and its surrounding regions. 
• Aligned with the AMRUT sub-scheme of the Government of India, the plan encountered legal challenges when the National Green Tribunal (NGT) issued stay orders in May 2022, deeming it unlawful and in violation of prior directives. 
• NGT's 2017 ruling had imposed restrictions on construction above two floors in the Shimla planning area, but the draft plan permitted taller structures and new development in specific zones. 
• Following an appeal to the Supreme Court in May 2023, the government was instructed to finalize the plan within six weeks after addressing objections.

Supreme Court’s decision

• The Supreme Court approved the Shimla Development Plan 2041 in January 2024, overturning the previous orders of the National Green Tribunal.
• The court stated that the tribunal cannot instruct the state government on how to create the development plan, but it can review the plan based on its merits.
• The court recognized that the plan seems to be well-balanced and sustainable, but it noted that parties can still challenge specific aspects of the plan.

About the AMRUT scheme

• The AMRUT mission, which was initiated in June 2015 by the Ministry of Housing and Urban Affairs with a view to providing all households clean water connections as well as sewerage connection.
• Improving water supply and sewerage systems, as well as the green spaces development coupling with reasonable promotion of non-motorized transport is given priority in this mission.
• The elements of the mission consist of capacity building, reform implementation, water supply as well sewerage management, storm water drain animation and parks.
• The mission is also set to enhance citizen services, lead to cost savings, boost financial stability and generate more resources besides increasing transparency.
• Also, states are actively involved in planning and implementing projects via the State Annual Action Plan (SAAP), which is endorsed by both Ministry and state authorities.
• The mission is controlled by the Apex Committee led by the Ministry’s Secretary with representatives of relevant ministries and organisations.

Reforming Organ Transplantation

Context

The Delhi High Court has suggested a preferable period of 6-8 weeks for finalizing organ transplant procedures that involve living donors. It has instructed the government to set clear deadlines for each step of organ donation applications as per The Transplantation of Human Organs and Tissues (THOT) Act, 1994, and the Transplantation of Human Organs and Tissues Rules, 2014 (THOT Rules).

What Does the THOT Act, 1994 Say?

• Legislation Overview:
  • The transplantation of human organs and tissues in India, along with posthumous organ donation, is regulated by law.
    
  • Regulations cover healthcare providers, hospitals, and penalties for violations.
• Organ Donors and Recipients:
  • Transplants can occur from deceased donors or living donors, typically close relatives.
    
  • The law permits living donations from immediate family members such as parents, siblings, children, spouses, grandparents, and grandchildren.
• Donations from Distant Relatives and Foreigners:
  • Altruistic donations from distant relatives or long-term friends require extra scrutiny to ensure no financial exchange.
    
  • Documentation, including identity proofs, family trees, and photos, is needed for living donations from close relatives, regardless of nationality.
• Donations from Unrelated Persons:
  • Donations from unrelated individuals need thorough documentation and photographic evidence of a long-term relationship.
    
  • An external committee evaluates these cases to prevent illegal transactions.
• Fines and Punishments:
  • Offering payment for organs, facilitating transactions, or falsifying documents can lead to up to 10 years in jail and a fine of Rs 1 crore.
    
• Formation of NOTTO:
  • The National Organ and Tissue Transplant Organization (NOTTO) operates under the Ministry of Health and Family Welfare.
    
  • Established by the Transplantation of Human Organs (Amendment) Act 2011, NOTTO coordinates national organ procurement, distribution, and maintains a registry for donations and transplants.

What Do the THOT Rules, 2014 Say?

• Authorisation Committee:
  • Rule 7 of the 2014 Rules provides for the constitution of the Authorisation Committee and the nature of enquiry and evaluation conducted by it.
  • Rule 7(3) says the Committee must ensure there is no commercial transaction involved in cases where the donor and recipient are not near relatives.
  • Rule 7(5) says that if a recipient is in a critical condition and needs transplantation within a week, the hospital can be approached for an expedited evaluation.
• Living Donor Transplantations:
  • For living donor transplantations, Rule 10 describes the application process, which requires joint applications by the donor and recipient.
  • Rule 21 requires the Committee to personally interview applicants and determine their eligibility to donate.

What is the Authorisation Committee?

• About:
  • The Authorisation Committee oversees and approves organ transplant procedures involving donors and recipients who are not near relatives.
  • This approval is crucial, especially in cases where organs are donated for reasons of affection, attachment, or other special circumstances, to ensure ethical compliance and prevent illegal practices.
• Composition:
  • Section 9(4) of the Act,1994 says the “composition of the Authorisation Committee shall be such as may be prescribed by the Central Government from time to time”.
  • State government and Union Territories “shall constitute one or more Authorisation Committee consisting of such members as may be nominated by the State Government and the Union Territories.”
• Powers:
  • Under Section 9(5), the Committee is expected to conduct a thorough inquiry while reviewing applications for transplant approval.
  • A crucial aspect of the inquiry is to verify the authenticity of the donor and recipient, and ensure that the donation is not driven by commercial motives.
• Role of Parliament:
  • Section 24 of the Act allows the Centre to make rules, subject to parliamentary approval, for carrying out the various purposes of the Act.
  • These can relate to the manner and conditions under which a donor may authorise the removal of their organs before death.
  • Also how a brain-stem death is to be certified, or the steps to be taken to preserve human organs removed from anyone, etc.
    

What did the High Court Decide?

• Constitution of Authorisation Committees
  • The Act mandates state governments/Union Territories to form one or more authorisation committees, consisting of nominated members.
  • High Court underscores the necessity of it to maintain the integrity and effectiveness of organ transplantation protocols.
• Timelines for Living Donor Transplantation Application:
  • The high court stipulates that the timeline for processing living donor transplantation applications should not exceed a maximum of 10 days from the date of application.
  • Within a maximum of 14 days, the court mandates the verification of documents concerning the domicile status of the recipient and donor.
  • Any opportunity given to the donor or recipient to complete required documentation must be communicated within the prescribed timeline under the Rules.
• Scheduled Interviews and Family Meetings
  • After four to six weeks of receiving the application, interviews should be scheduled within two weeks.
  • The committee should conduct the interview, facilitate a family meeting, and convey the decision within this timeframe.
  • The court emphasizes that the entire process, from submission to decision, should ideally not exceed six to eight weeks.
• Recommendations to Government:
  • The high court calls for the judgment to be presented to the Secretary, Ministry of Health and Family Welfare, ensuring the prescription of timelines for all steps in the consideration of organ donation applications, after consulting relevant stakeholders.

Pradhan Mantri Anusuchit Jaati Abhyuday Yojana

The Prime Minister's Scheme for the Welfare of Scheduled Castes (PM-AJAY), introduced during the fiscal year 2021-22 by the Ministry of Social Justice and Empowerment, aims to uplift marginalized Scheduled Caste (SC) communities in India. This initiative consolidates three previously existing Centrally Sponsored Schemes: the Prime Minister's Model Village Scheme (PMAGY), Special Central Assistance to Scheduled Castes Sub Plan (SCA to SCSP), and Babu Jagjivan Ram Hostel Scheme (BJRHS).

Key Objectives of Pradhan Mantri Anusuchit Jaati Abhuyday Yojana

• Poverty Reduction: The primary aim is to reduce poverty within SC communities by generating additional employment opportunities through skill development, income-generating schemes, and various initiatives.
• Education Promotion: Increase literacy and encourage enrollment of SCs in schools and higher educational institutions by providing adequate residential facilities in quality institutions, particularly in aspirational districts/SC majority blocks and across India.

Components of PM-AJAY

• Development of SC-Dominated Villages (Adarsh Gram)
  • Formerly known as Pradhan Mantri Adarsh Gram Yojana (PMAGY).
  • Aims to ensure integrated development of SC-majority villages.
  • Focus on providing infrastructure for socio-economic development.
  • Targets improvement in monitorable indicators across 10 domains such as drinking water, sanitation, education, health, and more.
• ‘Grants-in-aid’ for District/State-level Projects
  • Formerly known as Special Central Assistance to Scheduled Caste Sub Plan.
  • Supports socio-economic development through grants for comprehensive livelihood projects, skill development, and infrastructure development.
  • Special provisions include dedicating funds for SC women, infrastructure, and skill development.
• Construction of Hostels in Higher Educational Institutions
  • Implemented through State Governments, UT Administrations, central and State Universities/Institutions.
  • Cost norms vary based on regions, with 100% central assistance for boys’ hostels.
  • Aims to facilitate quality education, reduce dropouts, and provide financial support for hostel construction.

PM-AJAY Significance  

• Holistic Development:
  • Integrates three Centrally Sponsored Schemes for comprehensive development.
  • Addresses education, health, infrastructure, and livelihoods.
• Empowerment through Skill Development:
  • Emphasizes skill development for enhanced employability.
  • Supports skilling courses and institutions.
• Infrastructure in SC-Dominated Villages:
  • Focuses on developing Adarsh Grams for self-sustainability.
  • Provides essential infrastructure for socio-economic growth.
• Education and Residential Facilities:
  • Aims to increase literacy and SC enrollment in quality institutions.
  • Ensures residential facilities in aspirational districts.
• Addressing Socio-Economic Disparities:
  • Targets poverty reduction through income-generating schemes.
  • Supports livelihood projects and asset acquisition.
• Women Empowerment:
  • Allocates funds exclusively for SC women’s economic development.
  • Promotes gender equality within the SC community.
• Monitoring with Indicators:
  • Includes monitorable indicators across domains for systematic evaluation.
  • Facilitates evidence-based decision-making.
• Financial Support for Hostels:
  • Provides financial assistance for hostel construction in higher education.
  • Ensures equitable access and reduces dropouts among SC students.

Achievements of  PM-AJAY

• In the Adarsh Gram sector, a total of 1834 villages were designated as model villages in the fiscal year 2023-24. Regarding grants-in-aid, the prospective plan for 17 states has received approval, prioritizing economic growth, infrastructure enhancement, and skill development. 
• Additionally, 15 new hostels have been approved for construction in the fiscal year 2023-24.

Conclusion

The Prime Minister's Scheduled Caste Upliftment Scheme is a broad and ambitious endeavor aimed at the holistic advancement, empowerment, and elevation of Scheduled Caste communities in India. By incorporating diverse elements, the initiative seeks to tackle socio-economic inequalities, foster education, and establish sustainable means of livelihood. Remarkable progress has been evident during the initial phases of its execution.

Website Blocking by the Government

Context

The number of website blocking orders has witnessed an exponential increase, surging over 100 times from 2013 to October 2023, as revealed in response to a Right to Information (RTI) application.

Dimensions of the Article

• Trends in Website Blocking Orders in India
• Government Website Blocking: Reasons and Challenges
• Implications of Government Website Blocking

Trends in Website Blocking Orders in India

• The escalation of website blocking orders in India has been remarkable, rising from 62 in 2013 to 6,954 by October 2023. 
• These orders are executed under Section 69A of the Information Technology (IT) Act, 2000. This surge aligns with the substantial growth in internet usage, particularly after a significant reduction in mobile data prices in 2016.

Scope and Nature

• Most blocked web pages likely pertain to individual posts, videos, or profiles. 
• Immediate tracing of the location of web/application servers is undertaken when non-compliance with laws or court orders is identified.

Legal Framework for Website Blocking

• The website blocking activities fall under the purview of the Information Technology Act, 2000. This Act governs activities related to computer resource usage in India and encompasses 'intermediaries' involved in computer resource and electronic record utilization.
• The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, issued by the Ministry of Electronics and Information Technology under the IT Act 2000, regulate content and conduct of intermediaries and digital media platforms, leading to the blocking of websites and channels violating rules.
• Section 69 of the IT Act empowers the Central and State governments to issue directions for intercepting, monitoring, or decrypting information in any computer resource. Grounds for exercising these powers include interest in the sovereignty or integrity of India, defence of India, maintenance of friendly relations with foreign states, preservation of public order or prevention of incitement to cognizable offences.

Government Website Blocking: Reasons and Challenges

• Government’s Motivations for Blocking Websites: The government's motivations for blocking websites are primarily driven by concerns related to national security, public order, and adherence to legal regulations. It aims to counter threats such as terrorism, hate speech, or the dissemination of illegal content.
• Challenges in Website Blocking: Challenges arise as users can easily bypass blocks using tools like Virtual Private Networks (VPNs), making enforcement challenging. Moreover, evolution in encryption technologies employed by web browsers and companies complicates the level of visibility that Internet providers have on user activity.

Implications of Government Website Blocking

• Freedom of Expression Concerns: Government website blocking raises concerns about freedom of expression, necessitating a balance between protecting national interests and citizens’ rights to express opinions.
• Limitation of Information and Perspectives: Website blocking hinders access to valuable information and diverse perspectives, limiting the public’s ability to stay informed and make well-rounded decisions.
• Economic Repercussions: The practice of website blocking may have economic implications, affecting legitimate businesses hosted on blocked platforms, potentially stifling innovation and economic growth.
• Trust and Perception: Arbitrary or unjustified website blocking can lead to a loss of trust in government institutions, impacting civic engagement and shaping public perception and trust in the government’s commitment to democratic values.

Bilkis Bano Case and Remission

Context

This editorial discusses the recent Supreme Court decision regarding the case of Bilkis Bano, focusing on the Gujarat government's remission granted to 11 convicts serving life imprisonment for her gangrape during the 2002 communal riots.

Supreme Court Constitution Bench Decision on Bilkis Bano Case and State’s Role in Remission Policy

• According to a Constitutional Bench ruling in Union of India vs V. Sriharan (2015), the state where convicts are sentenced is responsible for deciding remission applications. As a result, the previous Supreme Court decision, which deemed the Gujarat government as the appropriate authority to grant remission in this case, was deemed unlawful. 
• Consequently, the remission orders for the 11 convicts have been revoked, and they have been instructed to return to prison within a two-week period.

The Concept of Remission Policy in India

• The Core Principles of Remission Policy
  • If a criminal is curable, he ought to be improved by education and other suitable arts and then set free as a better citizen and less of a burden to the State. 
  • Prisons are meant to be rehabilitative justice rather than simply being an instrument to carry out retributive punishment
• Pardoning Power of President and Governor (Constitutional Provisions)
  • Both the President (Article 72) and the Governor (Article 161) have the power of pardon.
  • However, the President’s power under Article 72 is wider than the Governor under Article 161 which differs in the following two ways:
  • Court Martial: President to grant pardon extends in cases where the punishment or sentence is by a Court Martial but Article 161 does not provide any such power to the Governor.
  • Death Sentence: The President can grant pardon the sentence of death but the Governor’s power does not extend to death sentence cases.
• Statutory Provisions for Remission Policy
  • The Code of Criminal Procedure (CrPC) provides for remission of prison sentences. The Bharatiya Nagarik Suraksha Sanhita (BNSSS) is a law that replaces the CrPC.
  • Prisons is a State Subject. Hence, prison rules of each State identify certain reformative and rehabilitative activities that the prisoners can undertake in order to earn remission in the form of days.
  • Section 432: The ‘appropriate government’ may suspend or remit a sentence, in whole or in part, with or without conditions.
  • Section 433: Any sentence may be commuted to a lesser one by the appropriate government.
  • Power lies to State Governments: So that they may order the release of prisoners before they complete their prison terms.
  • Some states have remission policies that completely deny remission opportunities to certain categories of offenders or have significantly longer periods of incarceration for certain offenses before consideration of remission.
• Guidelines that Need to be followed while Granting Remission
  • In ‘Laxman Naskar vs State of West Bengal (2000): The SC laid down five grounds:
  • Whether the offense is an individual act of crime without affecting the society at large
  • Chance of recurrence of crime
  • Whether the convict has lost their potentiality in committing crime
  • Whether there is any fruitful purpose of confining the convict any more
  • Socio-economic condition of the convict’s family
  • Also, convicts serving life sentences are entitled to seek remission after serving a minimum of 14 years in prison.
• Guidelines by the Supreme Court for Remission Policy
  • In Epuru Sudhakar vs State of Andhra Pradesh (2006), SC has held that judicial review of an order of remission is only available when there is a non- application of mind; relevant materials have not been considered, the order is mala fide, or based on irrelevant considerations or suffers from arbitrariness. 
• Associated Challenges with Remission Policy
  • Subjectivity: The individualized nature of the inquiry is subjective.
  • Arbitrariness: There is both a lack of transparency on how the associated committees are formed to decide individual applications and reasons guiding the decisions. 
  • Unchecked Discretion: The Bilkis Bano case is an example of unchecked discretion. The concern of non-application of mind is writ large in the case of the 11 convicts in Bano’s case because the orders of the Gujarat government for each of them are exact copies.

Concerns over Hit-and-Run Law

Context

Transport operators and commercial drivers hailing from Maharashtra, Chhattisgarh, West Bengal, and Punjab have organized demonstrations in opposition to the latest laws regarding accidents involving drivers who flee the scene.

Principle underlying the law

• It wants to prevent drivers from engaging in rash and negligent driving that may lead to death.
• It creates a positive obligation on part of the offender to report such an incident to the police or magistrate
• It enforces moral responsibility on the part of the offender towards the victim of a road accident.
• Such conversion of moral responsibility into a legal duty is not new to cases pertaining to motor vehicle accidents.
• For instance, Section 134 of the Motor Vehicles Act, 1988, requires the driver to take all reasonable steps to secure medical attention for the injured person unless it is not practicable on account of mob fury.
• Provision – Section 106 (2) of the Bharatiya Nyaya Sanhita, 2023.
• Hit and Run – It is an offence for fleeing an accident spot and failing to report the incident to a police officer or a magistrate.
• Penalty – It is up to 10 years in jail and Rs 7 lakh fine. Section 106 (1) of the BNS applies to rash or negligent driving where if the driver reports the matter to the police, they shall incur a punishment of up to 5 years with a fine.

What are the concerns with the new law?

• Primary concern – Severe punishment of imprisonment and a fine for the drivers.
• Not aligned with the realities of road transport – It fails to consider
• Driver’s challenging work conditions, including long driving hours and difficult roads.
• The factors beyond the driver’s control, such as poor visibility due to fog.
• The scenario of mob violence against drivers in the event that they stop to assist the injured at accident sites.
• It may be abused by law enforcement agencies to their detriment.
• Against the principles of equality– An exception under 106 (1) of the BNS for doctors, where the punishment will be up to 2 years with a fine.
• Other issues – There is no actual mention in the BNS about the fine being Rs 7 lakh.
• Despite increase in the quantum of punishment, the offence has not been made non-bailable.
• Mismatch with existing provision – Section 161 of the Motor Vehicles (Amendment) Act, 2019, provides Rs 2 lakh compensation for victims of hit-and-run accidents and for grievous hurt it is Rs 50,000.
• Unlike Section 106 (2) of BNS, the compensation in this case is not recoverable from the drivers.

What lies ahead?

• Moderate and grade the liabilities - The liability of a wide variety of people working in different sectors needs to be moderated as done with doctors.
• It needs to provide a separate punishment for the acts of rash driving and negligent driving.
• For road accidents resulting in minor injuries, measures like community service or revoking of driving licences or mandatory driving retests etc. could be imposed.
• Consider contributory factors in negligent acts – The behaviour of commuters, road conditions, lighting on the road, etc. must be considered.

Supreme Court Legal Services Committee

About

• The SCSLC, established by NALSA as per the Legal Services Authorities Act, 1987, aims to offer free legal aid to marginalized groups in matters within the Supreme Court's jurisdiction.
• It comprises a chairperson, a sitting SC judge, and members chosen by the CJI based on qualifications set by the government.
• The committee's secretary, appointed by the CJI, must meet specific experience and qualification criteria.
• Regulations by NALSA govern the members' and secretary's tenure and employment terms.

Need for SCLSC

• Article 39-A of the Indian Constitution mandates the State to ensure equal access to justice and provide free legal aid to citizens, addressing economic or other barriers.
• The Supreme Court Legal Services Committee (SCLSC) endeavors to provide legal assistance to marginalized groups.
• While the Supreme Court is the ultimate justice authority, accessing it is challenging due to high fees and expenses.
• Many individuals in India cannot afford representation in the Supreme Court, leading to a feeling of exclusion from justice.
• SCLSC was established to alleviate this issue by offering free legal aid to eligible individuals under the Legal Services Authorities Act, 1987, ensuring universal access to the highest Court of Justice.

Functions of SCSLC

• To administer and implement the legal services programme in so far as it relates to the Supreme Court of India and for this purpose take all such steps as may be necessary and to act in accordance with the directions issued by the Central Authority from time to time.
• To conduct Lok Adalat in the Supreme Court from time to time under the aegis of the National Legal Services Authority and different categories of matters which are pending before the Hon’ble Supreme Court
• To receive and scrutinize applications for legal services and to decide all questions as to the grant of or withdrawal of legal service.
• To maintain panels of advocates on record and of senior advocates in the Supreme Court for giving the legal advice.
• To decide all matters relating to payment of honorarium, costs, charges, and expenses of legal services to the advocates on record and to senior advocates of the Supreme Court.
• To prepare and submit returns, report and statistical information in regard to the legal services programme to the Central Authority.

Membership of SCSLC: SCSLC shall consist of a Chairman, Secretary and not more than 9 members:

• Chairman: Chairman shall be a sitting judge of Supreme Court.
• Secretary: To be appointed by CJI in accordance with rules and qualifications laid down by central government.
• Ex officio members:
  • Attorney General for India.
  • Joint Secretary, Department of Justice, Ministry of Law and Justice.
  • Additional Secretary, Department of Expenditure, Ministry of Finance, or his nominee.
  • Registrar General of the SC.

Other members: other members shall be appointed by central government in consultation with CJI who are:

• Eminent person in the field of law
• Person of repute who is specially interested in implementation of Legal Service Scheme
• Eminent social worker engaged in the upliftment of weaker sections like SCs, STs, women, children and labour.

Outlook of OTT in 2024

Context

The Indian OTT industry is currently facing the challenge of balancing growth with profitability in a market sensitive to pricing. In 2023, significant disruptions and challenges influenced the course of the Over-The-Top (OTT) Market in India.

What is Over-The-Top?

• Overview:
  • OTT, short for "Over-The-Top," refers to the delivery of content directly to viewers over the internet, bypassing traditional broadcast, cable, or satellite TV services. The OTT market encompasses a range of streaming media services offering movies, TV shows, music, and more.
  • Examples: Among the multitude of OTT platforms are Netflix, Disney+, Hulu, Amazon Prime Video, Peacock, CuriosityStream, and Pluto TV.
• Advantages of OTT:
  • Flexibility and Convenience: Users enjoy the freedom to access content at their convenience across various devices.
  • Diverse Content: OTT platforms offer a wide selection of movies, TV shows, documentaries, and original productions to cater to diverse interests.
  • Personalization: Algorithms recommend content based on user preferences, enhancing the viewing experience.
  • Cost-Effectiveness: OTT services often provide more affordable pricing options compared to traditional cable or satellite TV subscriptions, including free content supported by ads.
  • Global Accessibility: Users worldwide can access content irrespective of their location, thanks to OTT platforms.
• Limitations of OTT:
  • Internet Dependence: Seamless streaming requires reliable high-speed internet, posing challenges in areas with poor connectivity.
  • Content Fragmentation: Exclusive content rights across platforms lead to fragmentation, necessitating multiple subscriptions for accessing specific content.
  • Data Privacy Concerns: Collection of user data for personalization raises privacy issues if mishandled or shared with third parties without consent.
  • Content Quality and Quantity: While there's a vast selection of content, quality can vary, and the abundance of choices can overwhelm users when searching for high-quality material.

What was the State of OTT in 2023 and Outlook for 2024?

• In 2023, the OTT landscape saw disruptive moves with platforms offering premium content for free, impacting subscription revenue.
• Monetization challenges persisted, none reaching break-even due to high content costs.
• Freemium models emerged, curbing password sharing and integrating ads. Regulatory concerns lingered but censorship wasn't favored, fostering selective data sharing.
• Looking to 2024, expect cost-efficient content strategies with a decline in experimental content. Mergers among major players like Zee/Sony and potential collaborations like RIL/Disney may restructure market dynamics, influencing bargaining power and content costs.
• Pricing strategies will continue evolving, likely intensifying limitations on sharing and embedding ads.
• Regulatory compliance may tighten, emphasizing sensitivity toward religious or minority sentiments. Increased transparency in viewership trends will aid advertisers and creators.

What Can be Done for Better Regulation of OTT?

• Self-Regulation Frameworks: 
  • Encouraging OTT platforms to establish clear content guidelines and rating systems similar to traditional media can promote transparency.
  • Industry-led self-regulation can address concerns without stifling creativity, fostering a balance between artistic freedom and responsible content creation.
• Collaborative Oversight Bodies:
  • Forming independent bodies composed of industry experts, stakeholders, and government representatives is essential. These bodies can monitor content, address complaints, and establish industry standards collaboratively.
• Clear Content Classification and Ratings:
  • Implementing standardized content classification systems is necessary to assist users in making informed viewing decisions based on age-appropriateness and content themes.
• Transparency in Data Sharing:
  • OTT platforms should be encouraged to selectively share viewership trends with oversight bodies. This facilitates content evaluation and ensures compliance with guidelines, promoting transparency in data sharing practices.
• Regular Audits and Compliance Checks:
  • Conducting periodic audits is crucial to verify platform adherence to established guidelines. This promotes accountability and responsible content curation by ensuring ongoing compliance.

Prithvi Vigyan Scheme

The Union Cabinet, under the leadership of the Prime Minister, has approved the "Prithvi Vigyan (Prithvi)" scheme, a major initiative of the Ministry of Earth Sciences. This scheme, with a budget of Rs 4,797 crore, is slated to run from 2021 to 2026.

About

• Consolidation of Programs:
  • The Prithvi scheme integrates five current sub-schemes:
  • Atmosphere & Climate Research-Modelling Observing Systems & Services (ACROSS),
  • Ocean Services, Modelling Application, Resources and Technology (O-SMART),
  • Polar Science and Cryosphere Research (PACER),
  • Seismology and Geosciences (SAGE),
  • Research, Education, Training and Outreach (REACHOUT).
• Aim:
  • This amalgamation aims to deepen our comprehension of Earth’s systems and utilize scientific insights to generate societal, environmental, and economic advantages.

Objectives and Focus Areas 

• Comprehensive Observations: The scheme emphasizes long-term monitoring across the atmosphere, ocean, geosphere, cryosphere, and solid earth to track Earth System’s vital signs and changes.
• Development of Predictive Models: It focuses on creating models for weather, ocean, and climate hazards and advancing climate change science.
• Exploration Initiatives: Exploration of Polar Regions and high seas is a key aspect, aiming to discover new phenomena and resources.
• Technological Advancements: The scheme also stresses the development of technology for the sustainable exploitation of oceanic resources for societal applications.

Role of the Ministry of Earth Sciences

• Provision of Critical Services: The Ministry is responsible for delivering crucial services related to weather, climate, ocean and coastal states, hydrology, seismology, and natural hazards.
• Support in Disaster Management: These services are essential for issuing forecasts and warnings for natural disasters, thereby aiding in disaster preparedness and risk mitigation.

Holistic Approach to Earth System Sciences

• Broad Scope of Study: Earth System Sciences involve studying the atmosphere, hydrosphere, geosphere, cryosphere, and biosphere, and their complex interactions.
• Integrated Research Efforts: The Prithvi scheme aims to address these components comprehensively, enhancing understanding and providing reliable services for India.

Impact and Future Prospects

• Addressing Major Challenges: The scheme’s integrated research and development efforts will tackle significant challenges in various fields like weather, climate, oceanography, cryospheric studies, and seismology.
• Harnessing Resources Sustainably: It explores sustainable methods to utilize both living and non-living resources, contributing to national development and environmental conservation.

Section 132 of the Income Tax Act,1961

The article examines the ongoing tendency of courts to give excessive deference when interpreting laws concerning privacy rights in India, despite a notable Supreme Court ruling in 2017. It specifically discusses the broad authority given to tax authorities by Section 132 of the Income Tax Act, emphasizing the importance of fairness and more rigorous scrutiny of government actions by the judiciary.

Key Highlights

• The 2017 Supreme Court decision affirmed the fundamental right to privacy but hasn’t significantly impacted the interpretation of related statutes.
• Section 132 of the Income Tax Act grants broad powers to tax authorities, allowing searches without judicial warrants.
• Recent incidents, like a lawyer’s raid, raise concerns about the abuse of these powers and the lack of safeguards.

Key Challenges

• The persistence of a culture of judicial deference to executive authority in interpreting statutes.
• The broad and unchecked powers granted to tax authorities under Section 132 of the Income Tax Act.
• Lack of proportionality and strict judicial review in executive actions, risking potential abuse of power.

Key Terms

• Judicial Deference
• Section 132 of the Income Tax Act
• Proportionality
• Fundamental Right to Privacy
• Executive Authority

Key Phrases

• “Culture of justification”
• “Judicial Deference”
• “Doctrine of proportionality”
• “Wednesbury rule”

Key Quotes

• “The promised culture of justification is rarely on show, replaced by a culture of judicial deference.”
• “Search and seizure powers must adhere to the doctrine of proportionality, ensuring a balance between means and violated rights.”

Key Examples and References

• The Gujarat High Court questioning income-tax authorities on a lawyer’s raid.
• The evolution of income-tax laws, especially the 1961 legislation and the subsequent Supreme Court cases.

Key Statements

• “Post-Puttaswamy, there ought to be no place for the Wednesbury rule, especially when fundamental rights are at stake.”
• “The state’s power to search and seize must be subject to the doctrine of proportionality.”

Critical Analysis

• The article critically examines the inconsistency in judicial interpretation post the Puttaswamy case, emphasizing the need for a more stringent review of executive actions, particularly in cases involving privacy rights. 
• It questions the application of the Wednesbury rule and advocates for a proportional and justifiable approach.

Way Forward

• Advocate for a reevaluation of Section 132 of the Income Tax Act in light of the Puttaswamy judgment.
• Emphasize the importance of proportionality and judicial scrutiny in executive actions, especially those involving fundamental rights.
• Call for a more comprehensive and balanced approach to interpreting statutes, ensuring protection against arbitrary executive excesses.