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Judgement on Netherland’s Digital Identification Scheme

Why in News In a first anywhere in the world, a court in the Netherlands has ruled against a digital identification mechanism called SyRI (System...

15 Feb 2020 Fundamental Rights
Right To Protest In A Free Society

The article is based on “The right to protest in a free society” that was published in The Hindu on 22nd January. It talks about the...

14 Feb 2020 Fundamental Rights
Public Safety Act

This article is based on “Dissent as sedition” which was published on The Indian Express on 11/02/2020. It talks about issues related to...

13 Feb 2020 Fundamental Rights
Reservations in Promotion is Not a Fundamental Right: SC

Why in News The Supreme Court has recently ruled that the states are not bound to provide reservation in appointments and promotions and that there...

10 Feb 2020 Fundamental Rights
SC’s Judgement on Anticipatory Bail

Why in News The Supreme Court has recently held that the protection of anticipatory or pre-arrest bail cannot be limited to any time frame or...

30 Jan 2020 Fundamental Rights
Freedom of Speech and Expression on Social Media

Why in News The High Court of Tripura has held that posting on social media was virtually the same as a fundamental right applicable to all...

24 Jan 2020 Fundamental Rights
The Big Picture- Article 131 - Special Powers of Supreme Court

Recently, the Kerala government filed a civil lawsuit in the Supreme Court (SC) challenging the Citizenship Amendment Act (CAA) 2019, under the...

21 Jan 2020 Fundamental Rights
SC’s Verdict on Curbs Imposed in J&K

Why in News The Supreme Court has recently given its ruling on the Kashmir lockdown and communications shutdown cases. The cases were also...

11 Jan 2020 Fundamental Rights
State can Regulate Minority Institutions: SC

Why in News Recently, the Supreme Court held that the state has the rights to introduce a regulatory regime in the national interest to provide...

07 Jan 2020 Fundamental Rights
SC Bats Against the Transfer of Community Resources

Why in News Recently, the Supreme Court of India held that the Government has no right to transfer “invaluable” community resources like...

01 Jan 2020 Fundamental Rights
Internet Curfew

This article is based on “Achieving public order by suspending freedoms is unacceptable”, “People’s Daily article on Net...

28 Dec 2019 Fundamental Rights
Samagra Shiksha

Why in News Ministry of Human Resource Development is implementing the Scheme of Vocationalisation of School Education. Under the scheme, a...

13 Dec 2019 Fundamental Rights
Right To A Fair Trial

Why in News The Supreme Court (SC), in a recent verdict, has held that the routine practice of investigating agencies of producing documents in...

05 Dec 2019 Fundamental Rights
Maharashtra Bill to Protect Mediapersons

Why in News The President of India has given assent to the Maharashtra Media Persons and Media Institutions (Prevention of Violence and Damage or...

25 Nov 2019 Fundamental Rights
World Children’s Day

World Children’s Day is celebrated on 20th November each year to promote international togetherness and awareness among children worldwide, and...

21 Nov 2019 Fundamental Rights
Supreme Court on Religious Practices

This article is based on “Fraught course”, “Explained: The three cases SC wants clubbed with Sabarimala review”,...

16 Nov 2019 Fundamental Rights
Right To Be Forgotten

This article is based on “The ‘right to be forgotten’ on the Internet” that was published in The Indian Express on...

24 Oct 2019 Fundamental Rights
Regulating Right to Freedom of Religion

The High Court of Karnataka has issued guidelines to all city municipal corporations regarding granting permission for temporarily using public roads...

28 Sep 2019 Fundamental Rights
Right to Internet Access and Digital Literacy

This article is based on Inequality of another kind which appeared in The Hindu on 24/09/2019. It talks about making the right to internet access...

25 Sep 2019 Fundamental Rights
Right To Be Forgotten

Recently, the European Court of Justice has allowed Google not to remove the links related to sensitive personal data worldwide. As per the European...

25 Sep 2019 Fundamental Rights

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		'article_id' => (int) 4443,
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		'title' => 'Judgement on Netherland’s Digital Identification Scheme',
		'description' => '<h3>Why in News</h3>
<p>In a<strong> first anywhere in the world,</strong> a<strong> court in the Netherlands has ruled against</strong> a digital identification mechanism called <strong>SyRI (System Risk Indicator)</strong> due to <a href="/daily-updates/daily-news-editorials/privacy-judgement-and-the-aftermath" target="_blank" rel="noopener"><strong>data privacy and human rights concerns.</strong></a></p>
<ul style="list-style-type: square;">
<li>The Dutch Ministry of Social Affairs developed SyRI in 2014 <strong>to weed out those who are most likely to commit fraud and receive government benefits.</strong></li>
</ul>
<h3>Key Points</h3>
<ul style="list-style-type: square;">
<li><strong>Working of SyRI:</strong> <br />
<ul>
<li>It is based on the algorithm that analyses data ( such as taxes, land registries, employment records,etc.) provided by the government and calculates<strong> risk scores.</strong></li>
<li>The calculated risk scores are sent to relevant government arms, which <strong>stores</strong> these on government databases for a<strong> maximum of two years.</strong></li>
<li>The government, in that time period, <strong>could open an investigation on the targeted person.</strong></li>
</ul>
</li>
<li><strong>Court&rsquo; Ruling :</strong><br />
<ul style="list-style-type: circle;">
<li>The Court found using new technology to control fraud as acceptable, but it held SyRI was<strong> invasive and violative of the privacy guarantees given by European Human Rights Law as well as the <a href="/daily-updates/daily-news-editorials/right-to-be-forgotten-2" target="_blank" rel="noopener">EU&rsquo;s General Data Protection Regulation.</a></strong></li>
<li>It called it a case of <strong>&lsquo;Algorithmic Governance&rsquo;.</strong> As the algorithm would link socio-economic parameters like poverty and immigrant statuses with fraud risk.</li>
<li>Such <strong>opaque algorithmic decision-making</strong> may put citizens at a disadvantage to challenge the resulting risk scores, consequently threatening democratic features of the country.</li>
<li>It also ruled that SyRI was <strong>violative of principles of transparency and data minimisation.</strong></li>
</ul>
</li>
<li><strong>Dutch Government&rsquo;s Stand:</strong><br />
<ul style="list-style-type: circle;">
<li>The government claimed that the new technology <strong>prevented abuse</strong> <strong>and</strong> acted as <strong>only a starting point for further investigation instead of a final determination.</strong></li>
<li>The Dutch Ministry of Social Affairs has released a statement stating it will study the ruling, not declaring a complete removal of their system.</li>
</ul>
</li>
</ul>
<h3>Significance of the Ruling</h3>
<ul style="list-style-type: square;">
<li>The ruling is an example of <strong>how a data protection regulation can be used against government surveillance.</strong><br />
<ul style="list-style-type: circle;">
<li>Other European tech initiatives have been stalled by the EU&rsquo;s General Data Protection Regulation including a <strong>facial recognition system on students in Sweden and France.</strong></li>
</ul>
</li>
<li>The ruling sets a<strong> strong legal precedent for other countries to follow,</strong> as this is one of the <strong>first times a court</strong> anywhere has stopped the <strong>use of digital technologies and abundant digital information by welfare authorities on human rights grounds.</strong></li>
<li>It also demonstrates that legislative arms need to balance the usage of technology in the social security system and the protection of the rights of their citizens.</li>
</ul>
<h3>Netherlands Court Ruling and India</h3>
<ul style="list-style-type: square;">
<li>Similar to the <a href="/daily-updates/daily-news-analysis/supreme-court-upholds-aadhaars-constitutional-validity" target="_blank" rel="noopener"><strong>Supreme Court&rsquo;s Aadhaar judgment</strong> </a><strong>setting limits on the ID&rsquo;s usage,</strong> the Hague Court attempted <strong>to balance social interest with personal privacy.</strong> However, the Aadhaar judgment was about data collection and not regarding algorithmic decision-making.</li>
<li><strong>India&rsquo;s proposed <a href="/daily-updates/daily-news-editorials/personal-data-protection-bill-2019" target="_blank" rel="noopener">Personal Data Protection Bill (2019)</a> also contains many loopholes</strong> that could be potentially exploited<strong> like the USA.</strong> <br />
<ul style="list-style-type: circle;">
<li>The usage of the <strong>open-ended terms like &lsquo;National security&rsquo; or &lsquo;reasonable&rsquo;</strong> may lead <strong>to intrusion of the state into the private lives of citizens.</strong></li>
</ul>
</li>
</ul>
<p><a href="https://indianexpress.com/article/explained/dutch-ruling-digital-identification-schemes-data-privacy-6268752/" target="_blank" rel="noopener"><strong>Source: IE</strong></a></p>',
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		'article_id' => (int) 4438,
		'category_id' => (int) 22,
		'title' => 'Right To Protest In A Free Society',
		'description' => '<div class="border">
<p>The article is based on <a href="https://www.thehindu.com/opinion/op-ed/the-right-to-protest-in-a-free-society/article30618223.ece" target="_blank" rel="noopener"><strong>&ldquo;The right to protest in a free society&rdquo;</strong> </a>that was published in The Hindu on 22<sup>nd</sup> January. It talks about the Right to protest in a free society.</p>
</div>
<p>Recently, parliament passed the Citizenship Amendment Act (CAA) which gave rise to the massive protests by the people across states and students across universities. Public protests are the hallmark of a free, democratic society, whose logic demands that the voice of the people should be heard by those in power and decisions be reached after proper discussion and consultation. In order to participate in public protest, the right to freedom of speech &amp; expression, association and peaceful assembly are necessary.</p>
<h3>Right to Free Speech and Peaceful Assembly</h3>
<ul style="list-style-type: square;">
<li>The Right to free speech and expression transforms into the right to freely express an opinion on the conduct of the government.</li>
<li>The Right to association is required to form associations for political purposes &mdash; for instance, to collectively challenge government decisions and to even aim, peacefully and legally, to displace the government, to not merely check abuse of power but to wrest power.</li>
<li>The Right to peaceably assemble allows political parties and citizenship bodies such as university-based student groups to question and object to acts of the government by demonstrations, agitations and public meetings, to launch sustained protest movements.</li>
<li>Democracies everywhere are founded on two core political rights. <br />
<ul style="list-style-type: circle;">
<li>The first, the right of every citizen to freely elect their government and when dissatisfied with its performance, to vote it out of power in a legitimately held election (Article 326).</li>
<li>Any form of public action to challenge the government&rsquo;s proposals or decisions is also constitutionally legitimate, as long as it is done peacefully, Any arbitrary restraint on the exercise of such rights &mdash; for instance, imposing Section 144 &mdash; shows the inability of the government to tolerate dissent.</li>
</ul>
</li>
</ul>
<h3>Right to Protest: Constitutional Provisions</h3>
<ul style="list-style-type: square;">
<li>The Right to protest peacefully is enshrined in the Indian Constitution&mdash;<strong>Article 19(1)(a)</strong> guarantees the freedom of speech and expression; <strong>Article 19(1)(b)</strong> assures citizens the right to assemble peaceably and without arms.</li>
<li><strong>Article 19(2)</strong> imposes reasonable restrictions on the right to assemble peaceably and without arms. <br />
<ul style="list-style-type: circle;">
<li>These reasonable restrictions are imposed in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence.</li>
</ul>
</li>
<li>In <strong>Ramlila Maidan Incident v. Home Secretary, Union Of India &amp; Ors.</strong> case (2012), the Supreme Court had stated, &ldquo;Citizens have a <strong>fundamental right to assembly and peaceful protest</strong> which cannot be taken away by an arbitrary executive or legislative action.&rdquo;</li>
</ul>
<h3>Public Protest in India: Historical Context</h3>
<ul style="list-style-type: square;">
<li>The background of the Indian Constitution is formed by its anti-colonial struggle, within which the seeds of a political public sphere and democratic Constitution were sown.<br />
<ul style="list-style-type: circle;">
<li>The Indian people fought hard and long to publicly express their views on colonial policies and laws, to dissent from them, to shape minds and form public opinion against them, to speak to and against the government, to challenge it.</li>
<li>People not only signed writ petitions but staged dharnas, held large public meetings, peaceful protests and demonstrations and even, for instance in Gandhi&rsquo;s satyagraha, launched civil disobedience movements.</li>
</ul>
</li>
<li>Protests have also offered points of inclusion and participation to the voices that are not part of the mainstream as seen in the protests for creation of Andhra or the Chipko movement.</li>
</ul>
<h3>Protests: Making Public as the Watchdog of the Government</h3>
<ul style="list-style-type: square;">
<li>People act as watchdogs and constantly monitor governments' acts, which provides feedback to the governments about their policies and actions after which the concerned government, through consultation, meetings and discussion, recognise and rectify its mistakes.</li>
<li>However, resorting to violence during the protest is a violation of a key fundamental duty of citizens. Enumerated in <strong>Article 51A,</strong> the Constitution makes it a<strong> fundamental duty</strong> of every citizen <strong>&ldquo;to safeguard public property and to abjure violence&rdquo;.</strong></li>
</ul>
<h3>Conclusion</h3>
<ul style="list-style-type: square;">
<li>The Right of citizens to protest and gather peacefully without arms is a fundamental aspect of India&rsquo;s democracy. While it is also the obligation of the government to protect civilians from violent protests, certain essential principles need to be kept in mind.</li>
<li>The Right to protest is one of the core principles on which democracy survives and thrives. However, when a protest turns violent, as seen in some places in recent protests, it defeats the very purpose of the protest. While enjoying the rights, one must adhere to one&rsquo;s duties and responsibilities in a democratic society.</li>
</ul>
<table border="1" style="border-collapse: collapse; width: 100%;">
<tbody>
<tr>
<td style="width: 100%; border-style: dotted; border-color: #0040ff; background-color: #e1f5d3;">
<p><span style="color: #000080;"><em><strong>Drishti Mains Question</strong></em></span></p>
<p>Explain the significance of the right to protest in a democracy.</p>
</td>
</tr>
</tbody>
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		'article_id' => (int) 4429,
		'category_id' => (int) 22,
		'title' => 'Public Safety Act',
		'description' => '<div class="border">
<p>This article is based on <a href="https://indianexpress.com/article/opinion/columns/jammu-kashmir-psa-detention-article-370-6261340/" target="_blank" rel="noopener"><strong>&ldquo;Dissent as sedition&rdquo;</strong></a> which was published on The Indian Express on 11/02/2020. It talks about issues related to the Public Safety Act.</p>
</div>
<p>Recently, two former Jammu and Kashmir Chief Ministers have been detained under the state&rsquo;s stringent Public Safety Act (PSA), which enables authorities to detain any individual for two years without trial.</p>
<p>The Union government argued that abrogation of Article 370 would bring in a new golden age in Jammu and Kashmir, including the extension of all rights under the Indian Constitution to the state. However, six months on, the government has continuously invoked the Public Safety Act.</p>
<h3>What is Public Safety Act?</h3>
<ul style="list-style-type: square;">
<li>The <a href="/daily-updates/daily-news-analysis/j-and-k-public-safety-act" target="_blank" rel="noopener"><strong>Jammu &amp; Kashmir Public Safety Act (PSA), 1978</strong></a> is a preventive detention law, under which a person is taken into custody to prevent him or her from acting in any manner that is prejudicial to<strong> &ldquo;the security of the state or the maintenance of the public order&rdquo;.</strong><br />
<ul style="list-style-type: circle;">
<li>It is very similar to the <strong>National Security Act</strong> that is used by other state governments for preventive detention.</li>
</ul>
</li>
<li>It comes into force by an administrative order passed either by Divisional Commissioner or the District Magistrate and not by a detention order by police based on specific allegations or for a specific violation of laws.</li>
</ul>
<h3>Issues with Public Safety Act</h3>
<ul style="list-style-type: square;">
<li><strong>Detention Without Trial:</strong> The PSA allows for the detention of a person <strong>without a formal charge and without trial.</strong> <br />
<ul style="list-style-type: circle;">
<li>It can be slapped on a person already in police custody; on someone<strong> immediately after</strong> being granted bail by a court.</li>
</ul>
</li>
<li>Unlike in normal circumstances, a person who is detained under the PSA <strong>need not be produced before a magistrate within 24 hours of the detention.</strong></li>
<li><strong>No Right to File Bail Application:</strong> The detained person <strong>does not have the right to move a bail application</strong> before the court, and cannot engage any lawyer to represent him or her the detaining authority.</li>
<li><strong>Limited legal remedies:</strong> The only way this administrative preventive detention order can be challenged is through a<strong> habeas corpus petition</strong> filed by<strong> relatives</strong> of the detained person.<br />
<ul style="list-style-type: circle;">
<li>The High Court and the Supreme Court have the jurisdiction to hear such petitions.</li>
<li>However, if the order is quashed, there is<strong> no bar on the government passing another detention order under the PSA</strong> and detaining the person again.</li>
</ul>
</li>
<li><strong>Discretionary powers:</strong> The District Magistrate who has passed the detention order has protection under the Act, which states that the order is considered<strong> &ldquo;done in good faith&rdquo;.</strong><br />
<ul style="list-style-type: circle;">
<li>Therefore, officials are protected from any prosecutions or any legal proceedings.</li>
</ul>
</li>
<li><strong>Section 8 of the PSA:</strong> It provides a vast number of reasons for detention, <strong>ranging from &ldquo;promoting, propagating, or attempting to create, feelings of enmity or hatred or disharmony on grounds of religion, race, caste, community, or region&rdquo; to incitement, instigation, abetment and actual commission of such acts,</strong> and leaves it to district collectors or district magistrates to decide, giving a 12-day period within which an advisory board has to approve the detention.</li>
<li><strong>No Distinction Between Minor and Major Offences:</strong> It allows detention for up to 1 year for disturbance of public order and 2 years for actions<strong> &ldquo;prejudicial to the security of the State&rdquo;.</strong></li>
<li>All these actions bear an unsettling resemblance to the British response to protests against the<strong> Rowlatt Act of 1919.</strong></li>
</ul>
<h3>Supreme Court on Public Safety Act</h3>
<ul style="list-style-type: square;">
<li>The Supreme Court has held that while detaining a person under the PSA, <strong>the DM has a legal obligation to analyse all the circumstances</strong> before depriving that person of his/her personal liberty.</li>
<li>It has also held that when a person already under police custody is slapped with the PSA, the DM has to record <strong>&ldquo;compelling reasons&rdquo;</strong> for detaining that person.</li>
<li>While the DM can detain a person <strong>multiple times under the PSA,</strong> he or she has to produce fresh facts while passing the subsequent detention order.</li>
<li>Also, all the material on the basis of which the detention order has been passed, the Supreme Court has held, should be provided to the detained person for making an effective representation.</li>
<li>The grounds of detention has to explain and communicate to the person in the language understood by the detained person.</li>
</ul>
<h3>Way Forward</h3>
<ul style="list-style-type: square;">
<li>The report of the <strong>Group of Interlocutors for Jammu and Kashmir</strong> held that the sweeping powers in Public Safety Act make it open to misuse. It recommended:<br />
<ul style="list-style-type: circle;">
<li>The detention period should range from one week for minor offences to one month for major offences.</li>
<li>Assuming that actions <strong>&lsquo;prejudicial to the security of the State&rsquo;</strong> constitute far graver offences, three months&rsquo; detention should be ample for proceeding to trial.</li>
<li>Juveniles should not be held under the PSA at all.</li>
</ul>
</li>
<li>Now that the state has become a union territory, PSA should have been brought in line with the all-India legislation.</li>
<li>Regional leaders remain India&rsquo;s best bet in J&amp;K, their continuing detention will not go well in pursuance of establishing peace and finding a political solution in J&amp;K.<br />
<ul style="list-style-type: circle;">
<li>The government should urgently release all those in custody in J&amp;K, restore the Internet, and put its actions to an accountable, political test in Kashmir.</li>
</ul>
</li>
</ul>
<p>The Supreme Court has held that in order to prevent misuse of this potentially dangerous power, the law of preventive detention has to be strictly construed and meticulous compliance with the procedural safeguards, is mandatory and vital.</p>
<p>If citizens&rsquo; right to criticise a government becomes a law and order threat, the future of the republic as a functioning democracy becomes an open question.</p>
<table border="1" style="border-collapse: collapse; width: 100%;">
<tbody>
<tr>
<td style="width: 100%; border-style: dotted; border-color: #ff0000; background-color: #faf6d7;">
<p><span style="color: #000080;"><em><strong>Drishti Mains Question</strong></em></span></p>
<p>The provisions of the Public Safety Act 1978 encroach upon the established procedure of detention. Examine.</p>
</td>
</tr>
</tbody>
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		'article_id' => (int) 4386,
		'category_id' => (int) 21,
		'title' => 'Reservations in Promotion is Not a Fundamental Right: SC',
		'description' => '<h3>Why in News</h3>
<p>The Supreme Court has recently ruled that the <strong>states are not bound to provide <a href="/to-the-points/Paper2/reservation-in-india" target="_blank" rel="noopener">reservation</a> in appointments and promotions</strong> and that there is <strong>no fundamental right to reservation in promotions.</strong></p>
<div class="border-bg">
<p><strong>Related Constitutional Provisions about Reservation</strong></p>
<ul style="list-style-type: square;">
<li><strong>Article 16(4)</strong> empowers the state to make any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the state, is not adequately represented in the services under the state.</li>
<li>By way of the <strong>77<sup>th</sup> Amendment Act,</strong> a new clause <strong>(4A)</strong> was added to Article 16, empowering the state to make provisions for reservation in matters of promotion to <a href="/daily-updates/daily-news-editorials/creamy-layer-for-sc-s-st-s" target="_blank" rel="noopener"><strong>Scheduled Caste/Scheduled Tribe</strong></a> employees if the state feels they are not adequately represented in services.</li>
</ul>
</div>
<h3>Key Points from the Ruling</h3>
<ul style="list-style-type: square;">
<li><strong>Article 16 (4) and 16 (4A) of the Constitution are in the nature of enabling provisions,</strong> vesting a discretion on the state government to consider providing reservation, if the circumstances so warrant. <br />
<ul style="list-style-type: circle;">
<li>The state government cannot be directed to provide reservation for appointment in public posts. Similarly, the state is not bound to make reservations for Scheduled Castes and Scheduled Tribes in matters of promotions.</li>
</ul>
</li>
<li><strong>Articles 16 (4) and 16 (4-A)</strong> of the Constitution did not confer individuals with a fundamental right to claim reservations in promotion.<br />
<ul style="list-style-type: circle;">
<li>The Articles empower the State to make reservations in matters of appointment and promotion in favour of the Scheduled Castes and Scheduled Tribes only &ldquo;if in the opinion of the State they are not adequately represented in the services of the State&rdquo;.</li>
<li>Thus, the State government has discretion &ldquo;to consider providing reservations, if the circumstances so warrant&rdquo;.</li>
<li>However, if a State wishes to exercise its discretion and make reservation in promotions, it has to first collect quantifiable data showing inadequacy of representation of a class or community in public services.</li>
</ul>
</li>
<li><strong>Subject to Judicial Review</strong><br />
<ul style="list-style-type: circle;">
<li>If the decision of the state government to provide SC/ST reservation in promotion to a particular public post is challenged, it would have to place the data and prove before the court that reservation was necessary and does not affect the efficiency of administration.</li>
</ul>
</li>
</ul>
<p><a href="https://indianexpress.com/article/india/states-not-bound-to-give-reservation-in-jobs-promotions-supreme-court-6259549/" target="_blank" rel="noopener"><strong>Source: IE</strong></a></p>',
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		'article_id' => (int) 4297,
		'category_id' => (int) 21,
		'title' => 'SC’s Judgement on Anticipatory Bail',
		'description' => '<h3>Why in News</h3>
<p>The Supreme Court has recently held that the<strong> protection of anticipatory or pre-arrest bail cannot be limited to any time frame</strong> or &ldquo;fixed period&rdquo;.</p>
<ul style="list-style-type: square;">
<li>The questions referred to the Constitution Bench were twofold: <br />
<ul style="list-style-type: circle;">
<li>Whether the protection granted to a person under <strong>Section 438 of the</strong> <a href="/daily-updates/daily-news-editorials/re-imagining-cognizable-offences" target="_blank" rel="noopener"><strong>Code of Criminal Procedure</strong> </a>should be limited to a fixed period till the accused surrenders in court, and</li>
<li>Whether the life of anticipatory bail should end when the accused is summoned by the court.</li>
</ul>
</li>
</ul>
<h3>Anticipatory Bail<a href="http://www.drishtiias.com/images/uploads/1580378492_image4.jpg" target="_blank" rel="noopener"><img class="content-img" src="http://www.drishtiias.com/images/uploads/1580378492_image4.jpg" style="float: right;" width="400" caption="false" /></a></h3>
<ul style="list-style-type: square;">
<li><strong>Section 438 (anticipatory bail) of the Code of Criminal Procedure</strong> deals with direction for grant of bail to a person apprehending arrest.</li>
<li>It states that when any person has reason to believe that he may be arrested on an accusation of having committed a <strong>non- bailable offence,</strong> he may apply to the High Court or the Court of Session for a direction under this section; and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.</li>
<li>The<strong> high frequency of arbitrary and heavy-handed arrests to harass and humiliate citizens,</strong> and often at the interest of powerful individuals led to the enactment of Section 438.</li>
</ul>
<h3>Highlights of the Judgement</h3>
<ul style="list-style-type: square;">
<li><strong>Section 438 and its Importance</strong><br />
<ul style="list-style-type: circle;">
<li>Anticipatory bail helps thwart influential powers from implicating their rivals in false cases.</li>
<li>It protects people from the<strong> humiliation of detention in jail for days.</strong></li>
<li>Anticipatory bail is all the more needed now because there is a drive of political rivalry and &ldquo;this tendency is showing signs of steady increase&rdquo;.</li>
</ul>
</li>
<li><strong>Duration of Bail</strong><br />
<ul style="list-style-type: circle;">
<li>The <strong>life of an anticipatory bail</strong> order does not normally end at the time and stage when the accused is summoned by the court, or when charges are framed, but <strong>can continue till the end of the trial.</strong></li>
<li>A <strong>denial of bail amounts to deprivation of personal liberty (a fundamental right under Article 21 of the Constitution),</strong> thus, the Court should lean against the imposition of unnecessary restrictions on the scope of Section 438.</li>
<li><strong>Parliament has not thought it appropriate to curtail the power or discretion of the courts,</strong> in granting pre-arrest or anticipatory bail, especially regarding the duration, or till chargesheet is filed, or in serious crimes. Therefore, it would not be in the larger interests of society if the court, by judicial interpretation, limits the exercise of that power.</li>
</ul>
</li>
<li><strong>Grant of Anticipatory Bail</strong><br />
<ul style="list-style-type: circle;">
<li>The court held that <strong>a plea for anticipatory bail can be filed even before the registration of FIR</strong> as long as there is reasonable basis for apprehension of arrest and clarity of facts.</li>
<li>An application for anticipatory bail should be based on <strong>concrete facts and not vague or general allegations.</strong> The application should also contain bare essential facts relating to the offence and why the applicant reasonably apprehends arrest.</li>
<li>The <strong>grant of protection should not be &ldquo;blanket&rdquo;</strong> but confined to specific offence or incident for which relief from arrest is sought. It is open for the police to move court for arrest of the accused if there is any violation of bail conditions.</li>
</ul>
</li>
<li><strong>Conditions on Anticipatory Bail</strong><br />
<ul style="list-style-type: circle;">
<li>It is <strong>open for a court to impose appropriate conditions for grant of anticipatory bail</strong> if the specific facts or the features of the offence involved demands it.</li>
<li><strong>Restrictions/conditions can be imposed only on a case-to-case basis.</strong> Courts have to consider the nature of the offence, the role of the person, the likelihood of his influencing the course of investigation or tampering of evidence, including intimidating witnesses and fleeing justice.</li>
<li>It is essential for the court to evaluate the threat or apprehension, its gravity or seriousness and the appropriateness of any condition that may have to be imposed. Special or other restrictive conditions may be imposed if the case or cases warrant, but should not be imposed in a routine manner in all cases.</li>
</ul>
</li>
</ul>
<p><a href="https://www.thehindu.com/news/national/time-limit-on-advance-bail-violates-personal-liberty-supreme-court/article30687440.ece" target="_blank" rel="noopener"><strong>Source: TH</strong></a></p>',
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	(int) 5 => object(Cake\ORM\Entity) {

		'article_id' => (int) 4254,
		'category_id' => (int) 21,
		'title' => 'Freedom of Speech and Expression on Social Media',
		'description' => '<h3>Why in News</h3>
<p>The <strong>High Court of Tripura</strong> has held that posting on social media was virtually the same as a <strong>fundamental right</strong> applicable to all citizens, including government employees.</p>
<ul style="list-style-type: square;">
<li>It also asserted that government servants are entitled to hold and express their political beliefs, subject to the restrictions laid under <strong>the Tripura Civil Services (Conduct) Rules, 1988.</strong></li>
</ul>
<h3>Key Points</h3>
<ul style="list-style-type: square;">
<li>In another significant judgement, the High Court of Tripura ordered the police to refrain from prosecuting the activist who was arrested over a social media post where he criticised online campaign in support of the <a href="/to-the-points/Paper2/citizenship-amendment-act-2019" target="_blank" rel="noopener"><strong>Citizenship Amendment Act (CAA), 2019</strong></a> and warned people against it.</li>
<li>The HC held that these orders are in line with the very essence of the Indian Constitution.</li>
</ul>
<div class="border-bg">
<p><strong>Other Recent Judgements</strong></p>
<ul style="list-style-type: square;">
<li>The <a href="/important-institutions/drishti-specials-important-institutions-national-institutions/supreme-court-of-india" target="_blank" rel="noopener"><strong>Supreme Court of India</strong></a> also gave judgement on the <a href="/daily-updates/daily-news-editorials/internet-as-a-medium-of-freedom-of-expression" target="_blank" rel="noopener"><strong>internet shutdown and curbing of other civil liberties in the Jammu and Kashmir.</strong></a> It upheld the Right to access the Internet and released guidelines on imposition of <a href="/daily-updates/daily-news-analysis/section-144-of-crpc" target="_blank" rel="noopener"><strong>section 144 of CrPC.</strong></a></li>
<li>Recently, the<strong> Kerala High Court,</strong> in<strong> Faheema Shirin v. the State of Kerala</strong> case, declared the <a href="/daily-updates/daily-news-editorials/right-to-internet-access-and-digital-literacy" target="_blank" rel="noopener"><strong>Right to Internet Access</strong></a> as a fundamental right, forming a part of the right to privacy and the right to education under <strong>Article 21</strong> of the Constitution.</li>
</ul>
</div>
<p><a href="https://www.thehindu.com/news/national/social-media-posting-is-a-fundamental-right-rules-tripura-high-court/article30551332.ece" target="_blank" rel="noopener"><strong>Source: TH</strong></a></p>',
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		'article_id' => (int) 4222,
		'category_id' => (int) 15,
		'title' => 'The Big Picture- Article 131 - Special Powers of Supreme Court',
		'description' => '<p style="text-align: center;"><iframe width="560" height="315" src="https://www.youtube.com/embed/BdLb_HMiEGU" frameborder="0" allow="accelerometer; autoplay; encrypted-media; gyroscope; picture-in-picture" allowfullscreen="allowfullscreen"></iframe></p>
<p>Recently, <a href="/daily-updates/daily-news-analysis/kerala-challenges-constitutionality-of-caa" target="_blank" rel="noopener"><strong>the Kerala government filed a civil lawsuit</strong></a> in the Supreme Court (SC) challenging the Citizenship Amendment Act (CAA) 2019, under the provisions of <strong>Article 131</strong> of the Indian Constitution. Kerala claims that the Act is <strong>violative</strong> of the <strong>Doctrine of Basic Structure-</strong> as it is against the <strong>principle of equality, freedom, and secularism</strong> which forms part of the basic structure of the Constitution.</p>
<ul style="list-style-type: square;">
<li>The <a href="/to-the-points/Paper2/citizenship-amendment-act-2019" target="_blank" rel="noopener"><strong>CAA</strong></a> 2019 grants <strong>Indian citizenship to persecuted non-Muslim minorities</strong> viz. Hindus, Sikhs, Buddhists, Jains, Parsis and Christians who migrated to India from Afghanistan, Pakistan and Bangladesh on or before December 31, 2014.</li>
</ul>
<h3>Constitutional Provisions</h3>
<p><strong>Article-131: Original Jurisdiction</strong></p>
<ul style="list-style-type: square;">
<li>The<a href="/important-institutions/drishti-specials-important-institutions-national-institutions/supreme-court-of-india" target="_blank" rel="noopener"><strong> SC (as a federal court of India)</strong> </a>possesses Original jurisdiction to decide the disputes arising between different units of the Indian Federation like:<br />
<ul style="list-style-type: circle;">
<li>Centre and one or more states; or</li>
<li>Centre &amp; any state(s) on one side and one or more states on the other; or</li>
<li>Two or more states.</li>
</ul>
</li>
</ul>
<div class="border-bg">
<p><strong>Note:</strong> In the above-mentioned cases, the Supreme Court has<strong> exclusive original</strong> jurisdiction, which means that no other court in the country can decide such disputes and SC has the power to hear such disputes in the first instance &amp; not by the way of appeal.</p>
</div>
<ul style="list-style-type: square;">
<li>However, a few points need to be noted:<br />
<ul style="list-style-type: circle;">
<li>The dispute must involve a <strong>question of law or fact</strong> on which the existence/extent of a <strong>legal right</strong> depends. Thus, the questions of political nature are excluded from it.</li>
<li>Any suit brought before the Supreme Court by a<strong> private citizen</strong> against the Centre or a state <strong>cannot be entertained</strong> under this article.</li>
<li>Also, the provisions mentioned in this Article are <strong>subject to other provisions</strong> of the Constitution, i.e., if a remedy to any issue is present under any other Article of the Constitution, then this Article will not be available. For example, in cases of <strong>water disputes</strong> between two or more states, the remedy to such conflicts is entertained under <a href="/to-the-points/Paper2/inter-state-river-water-sharing-disputes" target="_blank" rel="noopener"><strong>Article 262 of the Constitution</strong></a> and not under Article 131.</li>
</ul>
</li>
</ul>
<p><strong>Part XI and the Seventh Schedule</strong></p>
<p><strong>Part XI (Articles 245-263) of the Indian Constitution</strong> consists of articles that describes the legislative, administrative, and financial relations between the Union and the States.</p>
<ul style="list-style-type: square;">
<li><strong>Article 246:</strong> Defines the <strong>legislative subject matters</strong> on which the Parliament and the State Legislatures can make laws. These matters are enumerated in the <strong>3 lists of Seventh Schedule.</strong> According to it,<br />
<ul style="list-style-type: circle;">
<li><strong>Parliament</strong> has exclusive powers to make laws on the subjects mentioned in the <strong>Union List.</strong> Parliament is also empowered to make laws for territories which presently do not form part of any state.</li>
<li><strong>State Legislature</strong> (in normal circumstances) has exclusive powers to make laws on subjects enumerated in the <strong>State List.</strong></li>
</ul>
</li>
</ul>
<div class="border-bg">
<p><strong>Note: Under 5 scenarios,</strong> the Parliament is empowered to make laws on State List subjects viz., if a resolution is passed to that effect by the <strong>Rajya Sabha</strong> (Article 249), during <strong>National emergency, President&rsquo;s Rule,</strong> if <strong>requested by two or more States,</strong> under obligation to implement an <strong>International Treaty.</strong></p>
</div>
<ul style="list-style-type: square;">
<li style="list-style-type: none;">
<ul style="list-style-type: circle;">
<li>Both <strong>Parliament &amp; State Legislature</strong> can make laws on items described in the <strong>Concurrent List.</strong> However, in case of any conflict, the <strong>Central law prevails.</strong></li>
</ul>
</li>
</ul>
<ul style="list-style-type: square;">
<li><strong>Seventh Schedule:</strong> The Constitution provides for a<strong> three-fold distribution</strong> of legislative subjects between the Union and the states, viz., List-I (the Union List), List-II (the State List) and List-III (the Concurrent List), described in this schedule:
<ul style="list-style-type: circle;">
<li><strong>Union List:</strong> This List contains matters of <strong>national importance</strong> and the matters which require<strong> uniformity of legislation nationwide.</strong> This list has at present <strong>100 subjects</strong> (originally 97) like defence, <strong>naturalisation &amp; citizenship (entry 17),</strong> banking, foreign affairs, atomic energy, communication, census, etc.</li>
<li><strong>State List:</strong> This List contains matters of <strong>regional and local importance</strong> which require state-specific solution and the <strong>matters which permit diversity of interest.</strong> It presently contains <strong>61 subjects</strong> (originally 66 subjects) like public order, police, public health and sanitation, agriculture, local government, gambling, etc.</li>
<li><strong>Concurrent List:</strong> This List contains matters on which <strong>uniformity of legislation throughout the country is desirable but is not essential.</strong> This List at present has<strong> 52 subjects</strong> (originally 47 subjects) like criminal law and procedure, civil procedure, marriage and divorce, population control and family planning, electricity, economic and social planning, etc.</li>
</ul>
</li>
</ul>
<p><strong>Articles 256 and 365</strong></p>
<ul style="list-style-type: square;">
<li><strong>Article 256</strong> of the Constitution states that the executive power of every State must ensure <strong>compliance with the laws made by the Parliament.</strong><br />
<ul style="list-style-type: circle;">
<li>Kerala has said in its suit that, under CAA it would be compelled to comply with its provisions because of <strong>Article 256.</strong> Kerala considers CAA to be arbitrary, unreasonable, irrational and violative of fundamental rights.</li>
<li>If it does not follow the same, the repercussions could be seen in the form of Article 365.</li>
</ul>
</li>
<li><strong>Article 365:</strong> In case of failure to comply with, or to give effect to, directions given by the Union, the President is empowered to make a decision thinking that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of this Constitution. Hence, the President&rsquo;s rule could be enacted.</li>
</ul>
<h3>Issues</h3>
<p><strong>Question of legality- Can a State Challenge a Central Law under Article 131?</strong></p>
<ul style="list-style-type: square;">
<li>In Kerala&rsquo;s filed petition, the question of legality arises as Kerala claims that CAA is violative of Fundamental rights. Now the SC has to decide:<br />
<ul style="list-style-type: circle;">
<li>If a State can claim that its legal rights are violated (even if some fundamental rights of some individuals within the State gets violated), and</li>
<li>Also, what are those legal rights which have been violated?</li>
</ul>
</li>
<li>However, in the <strong>West Bengal government&rsquo;s</strong> case in <strong>2017,</strong> the SC proclaimed that the State government cannot ask for any remedy related to Fundamental rights. The case was filed under Article 32 of the Constitution challenging the validity of the <a href="/daily-updates/daily-news-analysis/supreme-court-upholds-aadhaars-constitutional-validity" target="_blank" rel="noopener"><strong>&lsquo;Aadhaar Act&rsquo;</strong></a>. The Court also held that,<em><strong> &ldquo;Fundamental rights are available to individuals: citizens or non-citizens against the State (under Article 32 or Article 226) and not to the State entities.&rdquo;</strong></em></li>
<li><strong>Similar Petitions:</strong><br />
<ul style="list-style-type: circle;">
<li><strong>Chhattisgarh government</strong> also recently filed a suit in SC (under Article 131) against the <a href="/daily-updates/daily-news-editorials/nia-amendment-bill-2019" target="_blank" rel="noopener"><strong>National Investigation Agency (NIA) Act, 2008</strong></a> claiming that &lsquo;Police&rsquo; &amp; &lsquo;Public Order&rsquo; are the state subjects and States have the ultimate authority to make laws related to it.<br />
<ul style="list-style-type: disc;">
<li>NIA Act, 2008 takes away the state&rsquo;s power to investigate offences categorised as &lsquo;scheduled offences&rsquo; under the Act, though they are within State&rsquo;s jurisdiction.</li>
</ul>
</li>
<li>The <strong>West Bengal government</strong> earlier filed a case with regard to &lsquo;Rights in Mines in Coal-bearing areas&rsquo; against the Central law <strong>(Coal Bearing Areas (Acquisition and Development) Act, 1957)</strong> under Article 131. <br />
<ul style="list-style-type: disc;">
<li>The State claimed that the Act did not apply to lands vested in or owned by the State, and even if it applied to such lands, the Act was beyond the legislative competence of the Parliament.</li>
<li>In 1962, the SC entertained the West Bengal&rsquo;s petition under Article 131 as the <strong>State had legal rights</strong> in this case, however, it also upheld the Central law.</li>
</ul>
</li>
</ul>
</li>
<li><strong>Conflicting Judgments:</strong> There have been two conflicting judgments given by the Supreme Court on whether a State can file an original suit under Article 131 to challenge the constitutionality of a central law:<br />
<ul style="list-style-type: circle;">
<li>In the <strong>State of Madhya Pradesh vs Union of India, 2011 case,</strong> the issue dealing with <strong>electricity</strong> was raised and the Court held that States cannot challenge a central law under Article 131.</li>
<li>In the <strong>State of Jharkhand Vs State of Bihar, 2015 case,</strong> the SC took the opposite stance and referred the <strong>question of law</strong> to a <strong>larger Bench</strong> for final determination.</li>
</ul>
</li>
</ul>
<p><strong>Can Supreme Court test the validity of a law under Article 131?</strong></p>
<ul style="list-style-type: square;">
<li><strong>Legislative Competence:</strong> A law must be challenged in the Court if it is in <em><strong>excess of the legislative competence</strong> </em>of the framing authority.<br />
<ul style="list-style-type: circle;">
<li>Competence can be checked by checking the subject matter of the law forms part of <strong>which of the three Lists</strong> and has the competent authority framed the law on that matter.</li>
</ul>
</li>
<li><strong>Violation of Rights:</strong> The Court can check whether a <em><strong>particular law violates which kind of rights-</strong></em> whether Fundamental or Constitutional rights?<br />
<ul style="list-style-type: circle;">
<li>Kerala&rsquo;s petition is about violation of Fundamental rights and not about the legislative competence of the Parliament. Had the law been filed by any individual for the violation of their Fundamental Rights, the SC would have looked into the legality of the issue.</li>
</ul>
</li>
<li><strong>Violation of the Constitution:</strong> The Court can test a law if it is <em><strong>ultra-vires the Constitution.</strong> </em>In this regard, there are following Doctrines which have been evolved by the SC over a period of time:<br />
<ul style="list-style-type: circle;">
<li><strong>Doctrine of Basic Structure:</strong> The Doctrine of Basic Structure signifies the<strong> basic features</strong> of the Constitution, which cannot be changed/amended, as they form the foundation of the Constitution on which its core principles/existence stands.</li>
<li><strong>Doctrine of Pith &amp; Substance: Pith</strong> means <em><strong>&lsquo;true nature&rsquo; or &lsquo;essence of something&rsquo;</strong> </em>and <strong>Substance</strong> means<em><strong> &lsquo;the most important or essential part of something&rsquo;.</strong></em> Doctrine of Pith and Substance says that where the question arises of determining whether a particular law relates to a particular subject (mentioned in one List or another), the Court looks for the substance (i.e., the essential feature) of the matter. Thus, if the substance falls within Union List, then the <strong>incidental</strong> <strong>encroachment</strong> by the Central law on the subject mentioned in the State List <strong>does not make it invalid.</strong></li>
<li><strong>Doctrine of Colorable Legislation:</strong> The literal meaning of Colorable Legislation is that under the<strong> &lsquo;color&rsquo; or &lsquo;appearance&rsquo; of the power conferred for one particular purpose, the legislature cannot seek to achieve some other purpose</strong> which it is otherwise not competent to legislate on. It comes into play when a Legislature does not possess the power to make laws upon a particular subject but it indirectly makes law on it.
<ul style="list-style-type: disc;">
<li>For example, under the guise of exercising a legislative power, if an attempt is made to exercise judicial power, then this would imply a <strong>covert attempt</strong> to overcome one of the limitations imposed on the legislature by the Constitution.</li>
</ul>
</li>
</ul>
</li>
</ul>
<h3>Way Forward</h3>
<ul style="list-style-type: square;">
<li><strong>Politically motivated pleas</strong> must be abandoned and must not be entertained by the SC. Instead, determined efforts must be made to resolve them within the political arena.</li>
<li>In case of <strong>NIA: <a href="/important-institutions/drishti-specials-important-institutions-national-institutions/niti-aayog-national-institution-for-transforming-india" target="_blank" rel="noopener">NITI Aayog</a></strong> in its report (submitted in 2017) suggested for the<strong> creation of a list enumerating the federal crimes</strong> and this List crimes must only be investigated by the NIA or the <a href="/important-institutions/drishti-specials-important-institutions-national-institutions/central-bureau-of-investigation-cbi" target="_blank" rel="noopener"><strong>Central Bureau of Investigation (CBI).</strong></a><br />
<ul style="list-style-type: circle;">
<li>The Parliament must ensure the implementation of these recommendations as this will eliminate the confusion which Chhattisgarh faces regarding the cases to be dealt by the NIA and will bring in more clarity on the overlapping provisions.</li>
</ul>
</li>
<li><strong>Representatives of states</strong> must speak up in the Parliament when the laws are being framed &amp; passed rather than making hue and cry later.</li>
<li><strong>Federalism</strong> is a two-way street. Both the parties to it must respect the boundaries (or &lsquo;Lakshman Rekha&rsquo;) of one another that has been drawn by the Constitution. <br />
<ul style="list-style-type: circle;">
<li>The States must restrain themselves while defying the implementation of Central laws, if done it might lead to the <strong>breakdown of constitutional machinery.</strong></li>
<li>Like, in case of <a href="/daily-updates/daily-news-editorials/the-motor-vehicles-bill-for-road-safety" target="_blank" rel="noopener"><strong>Motor Vehicle Amendment Act, 2019,</strong></a> the subject matter and provisions of which falls under List-III of the Seventh Schedule, both Parliament and State Legislature can form a law. The States cannot outrightly reject the framed Central law by not implementing its provisions.</li>
<li>Hence, States are bound to implement the Central laws until and unless they are declared as void and unconstitutional by the Higher Courts of the country.</li>
</ul>
</li>
</ul>',
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		'article_id' => (int) 4130,
		'category_id' => (int) 21,
		'title' => 'SC’s Verdict on Curbs Imposed in J&K',
		'description' => '<h3>Why in News</h3>
<p>The Supreme Court has recently given its ruling on the Kashmir lockdown and communications shutdown cases.</p>
<ul style="list-style-type: square;">
<li>The cases were also related to the impact of the prohibitory orders issued under Section 144 of the <a href="/daily-updates/daily-news-editorials/re-imagining-cognizable-offences" target="_blank" rel="noopener"><strong>Code of Criminal Procedure (CrPC)</strong></a> on press freedom.</li>
<li>Internet access was snapped after <a href="/daily-updates/daily-news-analysis/article-370-and-35-a-revoked" target="_blank" rel="noopener"><strong>Jammu and Kashmir&rsquo;s special status was revoked</strong></a> and the state bifurcated into two union territories, Jammu and Kashmir, and Ladakh.</li>
</ul>
<h3>Key Points</h3>
<ul style="list-style-type: square;">
<li><strong>Ruling on Suspension of Internet</strong><br />
<ul style="list-style-type: circle;">
<li>Suspending Internet services indefinitely is impermissible under the <strong>Temporary Suspension of Telecom Services [Public Emergency or Public Service] Rules, 2017.</strong></li>
<li>The court held that suspension could be done for temporary duration only and the same is subject to judicial review.</li>
<li>A "complete and broad" suspension of telecom and Internet services should be resorted to only as a drastic measure in an "unavoidable" situation.</li>
<li>The Court has thus asked the government to <strong>review within seven days</strong> all orders directing suspension of internet services.</li>
</ul>
</li>
<li><strong>Upheld Fundamental Rights</strong><br />
<ul style="list-style-type: circle;">
<li>The<strong> freedom of free speech and expression on the Internet is a fundamental right under Article 19(1)(a) of the Constitution.</strong> The State cannot cite the extensive reach and impact of the Internet as a medium in order to restrict this right.</li>
<li><strong>Trade, occupation or commerce dependent on the Internet is a fundamental right under Article 19(1)(g).</strong></li>
<li>Restriction upon such fundamental rights should be in consonance with the mandate under Article 19 (2) and (6) of the Constitution, inclusive of the test of proportionality.</li>
</ul>
</li>
</ul>
<div class="border-bg">
<p><strong>Note:</strong> The <strong>Doctrine of Proportionality</strong> postulates that the nature and extent of the State&rsquo;s interference with the exercise of a right must be proportionate to the goal it seeks to achieve.</p>
</div>
<ul style="list-style-type: square;">
<li><strong>Ruling on Section 144</strong><br />
<ul style="list-style-type: circle;">
<li>The Court held that the<strong> repetitive orders</strong> under Section 144 CrPC as an<strong> abuse of power.</strong></li>
<li>The Court said that power under the Section 144 is exercisable not <strong>only where there exists present danger, but also when there is an apprehension of danger.</strong> However, the danger contemplated should be in the nature of <strong>an &lsquo;emergency&rsquo;</strong> and for the purpose of preventing obstruction and annoyance or injury to any person lawfully employed&rdquo;.</li>
<li>The government <strong>cannot recourse to blanket use of the power under Section 144 CrPC (for issuing restrictions)</strong> as a tool to prevent the legitimate expression of opinion or grievance or exercise of any fundamental rights. There is a need to find a balance regarding security and liberty of people.</li>
<li>The Court has thus asked the authorities to review forthwith the need for continuance of any such order.</li>
</ul>
</li>
</ul>
<div class="border-bg">
<p><strong>Temporary Suspension of Telecom Services [Public Emergency or Public Service] Rules, 2017</strong></p>
<ul style="list-style-type: square;">
<li>These are the rules to be followed if the government intends to temporarily suspend telecom services in any part of the country.</li>
<li>According to these rules, only the Home Secretary of the country and a secretary of a state&rsquo;s home department can pass such an order.</li>
<li>These also state that any such order should be taken up by a review committee within five days.</li>
<li>These rules have been framed by the government on the basis of the powers conferred by section 7 of the Indian Telegraph Act, 1885.</li>
</ul>
<p><strong>Relevant Provisions of Article 19</strong></p>
<ul style="list-style-type: square;">
<li><strong>Article 19(1)(a)</strong> states that all citizens shall have the right to freedom of speech and expression.</li>
<li><strong>Article 19(1)(g)</strong> states that all citizens shall have the right to practise any profession, or to carry on any occupation, trade or business.</li>
<li><strong>Article 19 (2)</strong> states that the State can impose reasonable restrictions on the exercise of the right to freedom of speech and expression in the interests of the :<br />
<ul style="list-style-type: circle;">
<li>Sovereignty and integrity of India,</li>
<li>Security of the State,</li>
<li>Friendly relations with foreign States,</li>
<li>Public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence.</li>
</ul>
</li>
<li>Under <strong>Article 19(6),</strong> the State can impose reasonable restrictions on the exercise of the right provided under Article 19(1)(g) in the interest of the general public.</li>
</ul>
<strong>Section 144 of the Code of Criminal Procedure</strong>
<ul style="list-style-type: square;">
<li>Section 144 CrPC, empowers a district magistrate, a sub-divisional magistrate or any other executive magistrate specially empowered by the state government in this behalf to issue orders to prevent and address urgent cases of apprehended danger or nuisance.</li>
<li><strong>Powers</strong><br />
<ul style="list-style-type: circle;">
<li>The magistrate can direct any person to abstain from a certain act or to take a certain order with respect to certain property in his possession or under his management.</li>
<li>This usually includes restrictions on movement, carrying arms and form assembling unlawfully. It is generally believed that assembly of three or more people is prohibited under Section 144.</li>
</ul>
</li>
<li>Section 144 CrPC has often been used to clamp down on telecommunication services and order Internet shutdowns.</li>
</ul>
</div>
<p><a href="https://www.thehindu.com/news/national/review-suspension-of-internet-in-jk-supreme-court/article30531478.ece" target="_blank" rel="noopener"><strong>Source: TH</strong></a></p>',
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	(int) 8 => object(Cake\ORM\Entity) {

		'article_id' => (int) 4097,
		'category_id' => (int) 21,
		'title' => 'State can Regulate Minority Institutions: SC',
		'description' => '<h3>Why in News</h3>
<p>Recently, the Supreme Court held that the <strong>state has the rights to introduce a regulatory regime</strong> in the national interest to provide minority educational institutions with well-qualified teachers so that they can achieve excellence in education.</p>
<ul style="list-style-type: square;">
<li>Minority institutions have the fundamental right under <strong>Article 30</strong> of the Constitution <strong>to establish and administer their educational institutions according to their choice.</strong> However, they <strong>cannot ignore the regulations recommended by the state.</strong></li>
</ul>
<h3>Key Points from the Judgement</h3>
<ul style="list-style-type: square;">
<li>The judgment held that the<strong> regulatory law should be a balance</strong> of the<strong> dual objectives</strong> of <strong>ensuring the standard of excellence</strong> as well as <strong>preserving the right of minorities to establish and administer</strong> their educational institutions.</li>
<li>For this, the <strong>court broadly divided education into two categories:</strong><br />
<ul style="list-style-type: circle;">
<li>Secular education.</li>
<li>Education &ldquo;directly aimed at or dealing with preservation and protection of the heritage, culture, script and special characteristics of a religious or a linguistic minority.&rdquo;</li>
</ul>
</li>
<li>When it comes to education related to minorities, the court advocated <strong>&ldquo;maximum latitude&rdquo;</strong> to be given to the <strong>management to appoint teachers.</strong><br />
<ul style="list-style-type: circle;">
<li>Teachers who believe in the religious ideology or in the special characteristics of the concerned minority would alone be able to imbibe in the students admitted in such educational institutions, what the minorities would like to preserve, profess and propagate.</li>
<li>However, secular minority institutions should focus on imparting education by availing the best possible teachers.</li>
</ul>
</li>
</ul>
<h3>Background</h3>
<ul style="list-style-type: square;">
<li>The judgment came after the validity of the <strong>West Bengal Madrasah Service Commission Act of 2008</strong> was challenged.<br />
<ul style="list-style-type: circle;">
<li>This Act <strong>mandated that the process of appointment of teachers in aided madrasahs would be done by a Commission,</strong> whose decision would be binding.</li>
<li><strong>Madrasahs are recognised as minority institutions.</strong></li>
</ul>
</li>
<li>The SC <strong>upheld the validity of the 2008 Act</strong> and said that the Commission is composed of people who have <strong>profound knowledge in Islamic Culture and Islamic Theology.</strong><br />
<ul style="list-style-type: circle;">
<li>It added that the Act was not violative of the rights of the minority educational institutions on any count.</li>
<li>The provisions of the Act were <strong>specially designed for madrasahs and the madrasah education system in West Bengal.</strong></li>
</ul>
</li>
<li>SC referred to the<strong> TMA Pai Foundation case, 2002</strong> and said that <strong>Article 30(1) (Right of minorities to establish and administer educational institutions of their choice)</strong> was neither absolute nor above the law. As per the laws laid in the case-<br />
<ul style="list-style-type: circle;">
<li>A regulation framed in the national interest<strong> must necessarily apply to all institutions</strong> regardless of whether they are run by majority or minority as the essence of Article 30(1) is to ensure equal treatment between the majority and minority institutions.</li>
<li>If an <strong>unfavourable treatment</strong> is given out to an educational institution established and administered by a minority, an <strong>objection can be raised.</strong></li>
<li>It becomes a different matter if a regulatory regime ensures excellence in educational institutions and the teacher selection method is designed to achieve excellence in institutions.</li>
</ul>
</li>
</ul>
<div class="border-bg">
<p><strong>Article 30 of the Indian Constitution:&nbsp;</strong>Right of minorities to establish and administer educational institutions.</p>
<p>(1) All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.</p>
<p style="padding-left: 30px;"><strong>(1A)</strong> In making any law providing for the compulsory acquisition of any property of an educational institution established and administered by a minority, referred to in clause (1), the State shall ensure that the amount fixed by or determined under such law for the acquisition of such property is such as would not restrict or abrogate the right guaranteed under that clause.</p>
<p>(2) The state shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language.</p>
</div>
<p><a href="https://www.thehindu.com/news/national/state-can-regulate-minority-institutions-says-supreme-court/article30496632.ece" target="_blank" rel="noopener"><strong>Source: TH</strong></a></p>',
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	(int) 9 => object(Cake\ORM\Entity) {

		'article_id' => (int) 4042,
		'category_id' => (int) 21,
		'title' => 'SC Bats Against the Transfer of Community Resources',
		'description' => '<h3>Why in News</h3>
<p>Recently, the <a href="/important-institutions/drishti-specials-important-institutions-national-institutions/supreme-court-of-india" target="_blank" rel="noopener"><strong>Supreme Court of India</strong></a> held that the Government has no right to transfer &ldquo;invaluable&rdquo; <strong>community resources</strong> like village water ponds to powerful people and industrialists for commercialisation of the property.</p>
<ul style="list-style-type: square;">
<li>It is necessary to protect village commons for safeguarding the fundamental right guaranteed by <strong>Article 21 of our Constitution.</strong> These common areas like water ponds and wells are the lifeline of village communities and often sustain various chores and provide resources necessary for life.<br />
<ul style="list-style-type: circle;">
<li><strong>Article 21:</strong> Protection of life and personal liberty. No person shall be deprived of his life or personal liberty except according to the procedure established by law.</li>
<li>It is fundamental, non-derogable and is available to every person. Even the State cannot violate that right.</li>
</ul>
</li>
</ul>
<h3>Key Points</h3>
<ul style="list-style-type: square;">
<li>The judgment came on a <strong>plea against the transfer of village ponds&rsquo; sites</strong> of <strong>Saini village</strong> in the <strong>National Capital Region</strong> to some private industrialists by the Greater Noida Industrial Development Authority.</li>
<li>The <a href="/important-institutions/drishti-specials-important-institutions-national-institutions/national-green-tribunal-ngt" target="_blank" rel="noopener"><strong>National Green Tribunal</strong></a> <strong>(NGT) refused to intervene</strong> on the plea but the apex court ordered the authorities and the industrialists to remove all obstructions and restore the water bodies within three months.</li>
<li>SC said the <strong>State can not deprive the villagers of their existing source of water</strong> and other community resources even after the promise of providing them with an alternative source. There is no guarantee that the adverse effect of destroying the existing water body would be offset and people would be compelled to travel miles to access the alternative site.<br />
<ul style="list-style-type: circle;">
<li>Resources which are available for everyone&rsquo;s use in a community, village or town are called community resources. For example- ponds, playgrounds, public parks etc.</li>
</ul>
</li>
</ul>
<p><a href="https://www.thehindu.com/news/national/supreme-court-bats-against-transfer-of-community-resources/article30446113.ece" target="_blank" rel="noopener"><strong>Source: TH</strong></a></p>',
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	(int) 10 => object(Cake\ORM\Entity) {

		'article_id' => (int) 4016,
		'category_id' => (int) 22,
		'title' => 'Internet Curfew',
		'description' => '<div class="border">
<p>This article is based on <a href="https://indianexpress.com/article/opinion/columns/india-caa-protest-internet-shutdown-police-public-order-6177492/" target="_blank" rel="noopener"><strong>&ldquo;Achieving public order by suspending freedoms is unacceptable&rdquo;</strong></a>, <a href="https://indianexpress.com/article/india/peoples-daily-article-on-net-shutdowns-in-india-internet-cannot-be-independent-of-sovereignty-6174073/" target="_blank" rel="noopener"><strong>&ldquo;People&rsquo;s Daily article on Net shutdowns in India: &lsquo;Internet cannot be independent of sovereignty&rdquo;,</strong></a> <a href="https://indianexpress.com/article/opinion/columns/internet-access-government-restriction-shutdown-3102734/" target="_blank" rel="noopener"><strong>&ldquo;The cost of internet shutdowns&rdquo;,</strong></a> <a href="https://indianexpress.com/article/explained/internet-shutdown-west-bengal-assam-protest-6168496/" target="_blank" rel="noopener"><strong>&ldquo;The problem with shutting down the Internet&rdquo;</strong></a> which were published in The Indian Express. It talks about issues related to internet shutdowns in India.</p>
</div>
<p>Ensuring unhindered access to the internet at all levels is a top priority under<a href="/loksabha-rajyasabha-discussions/in-depth-digital-india" target="_blank" rel="noopener"><strong> Digital India programme.</strong></a> Ironically, a new report from the <strong>Center for Technology and Innovation at the Brookings Institute</strong> shows that<strong> India</strong> and Iraq share the dubious position of reporting the <strong>highest number of incidents</strong> involving the government-mandated shutdown of internet access.</p>
<p>Increasingly governments are resorting to shutting down the internet as the go-to solution for <strong>maintaining law and order</strong> like in case protests emanating from <a href="/to-the-points/Paper2/citizenship-amendment-act-2019" target="_blank" rel="noopener"><strong>Citizenship Amendment Act</strong></a>, Ayodhya dispute judgement etc. <strong>These shutdowns curb free speech online and have other multidimensional implications.</strong></p>
<div class="border-bg">
<p>According to a report by Software Freedom Law Centre (SFLC), since 2012, India has witnessed at least 254 internet shutdowns, of which 107 took place in 2018 alone.</p>
</div>
<h3>Related Internet Shutdown Laws</h3>
<ul style="list-style-type: square;">
<li>Home Departments in the states are mostly the authorities that enforce shutdowns, drawing powers from the <strong>Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules,</strong> 2017.<br />
<ul style="list-style-type: circle;">
<li>Powers have now been given to the Secretary of the Union Government, Secretary of the state government, to issue orders related to internet shutdown.</li>
</ul>
</li>
<li><a href="/daily-updates/daily-news-analysis/section-144-of-crpc" target="_blank" rel="noopener"><strong>Section 144 of the Code of Criminal Procedure, 1973</strong></a> has enabled many of the shutdowns in the recent past, especially until the time the telecom suspension Rules came into force in 2017.</li>
<li>The<strong> Indian Telegraph Act, 1885,</strong> whose Section 5(2) allows central and state governments to prevent the transmission of messaging during a &ldquo;public emergency or in the interest of public safety&rdquo;, or &ldquo;in the interests of the sovereignty and integrity of India, the security of the state&rdquo;.</li>
<li>The <strong>Information Technology Act</strong> (India&rsquo;s principal information technology sector law), has provided limited power to the government to issue individual web content blocking orders, instead of a larger suspension of interest itself.</li>
</ul>
<h3>Rationale of Internet Shutdown</h3>
<ul style="list-style-type: square;">
<li><strong>Check Fake News:</strong> Internet shutdowns are typically used <strong>when there is civil unrest,</strong> in order to block the flow of information about government actions or to end communication among activists and prevent the spread of rumours and fake news.</li>
<li><strong>Preventive Response:</strong> Cutting off the Internet is both an <strong>early and preventive response</strong> to block restive groups to organise riots against the Government.</li>
<li><strong>National Interest:</strong> The Internet <strong>cannot be independent of national sovereignty.</strong> Therefore, the necessary regulation of the internet is a reasonable choice of sovereign countries based on national interests.</li>
</ul>
<h3>Arguments Against Internet shutdown</h3>
<p><strong>Curbing Free Speech:</strong></p>
<ul style="list-style-type: square;">
<li><strong>Constitutionalism</strong> envisages limited powers of the government (which is a trustee and custodian of taking forward certain constitutional values).</li>
<li>The promise of<strong> free speech is preserved in Article 19(1)(a)</strong> of the Constitution.</li>
<li>Supreme Court in its landmark <strong>Shreya Singhal judgment</strong> recognised the <strong>internet as an essential medium to further our constitutional right to freedom of speech and expression.</strong></li>
<li><strong>Supreme Court in Sakal Papers judgement,</strong> held that no policy of the state can so much as regulate the circulation of a newspaper, as any such programme will directly impinge on the right to freedom of expression.<br />
<ul style="list-style-type: circle;">
<li>Since today publishing a newspaper without access to the Internet is an unimaginable task. Therefore, a blanket ban placed on the web will also transgress the guarantee of free speech.</li>
</ul>
</li>
</ul>
<p><strong>Economic Losses:</strong></p>
<ul style="list-style-type: square;">
<li>According to SFLC, there is a <strong>collective loss of 16,000 hours</strong> to Internet shutdowns in India. This has led to a loss of $3 billion to the Indian economy.</li>
<li><strong>Gig economy</strong> (Ola, Uber, Swiggy, Zomato etc), <strong>e-commerce sector,</strong> online banking all suffer due to restrictions on the internet.</li>
<li>The Internet has become so fundamental to our lives that the economic impact is only going to be higher in the future.</li>
</ul>
<p><strong>Social Cost:</strong></p>
<ul style="list-style-type: square;">
<li>Mobile-based essential services like mobile banking, health, education will also be denied due to internet shutdown.</li>
<li>It prevents even people who are caught in the midst of these kinds of law-and-order problems, people fleeing from arsonists, people who want to send word of safety to families, who want to arrange ambulances for someone who&rsquo;s injured.</li>
</ul>
<p><strong>UN Human Rights Council</strong> also pitches for the promotion, protection and enjoyment of human rights on the Internet.</p>
<h3>Conclusion</h3>
<p>State interests like security are important because they are the prerequisites for us to exercise our freedoms. However, in pursuing this, the freedoms themselves cannot be suspended.</p>
<p>Therefore, the government needs to clearly lay down a comprehensive framework, stating the conditions behind such Internet shutdowns.</p>
<table border="1" style="border-collapse: collapse; width: 100%;">
<tbody>
<tr>
<td style="width: 100%; border-style: dotted; border-color: #ff0000; background-color: #fcffcc;">
<p><span style="color: #003366;"><em><strong>Drishti Mains Question</strong></em></span></p>
<p>State interests like security are important because they are the prerequisites for us to exercise our freedoms. However, in pursuing this, the freedoms themselves cannot be suspended. Analyse the statement in the context of increasing internet shutdowns in India.</p>
</td>
</tr>
</tbody>
</table>',
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	(int) 11 => object(Cake\ORM\Entity) {

		'article_id' => (int) 3873,
		'category_id' => (int) 21,
		'title' => 'Samagra Shiksha ',
		'description' => '<h3>Why in News</h3>
<p>Ministry of Human Resource Development is implementing the <strong>Scheme of Vocationalisation of School Education.</strong></p>
<ul style="list-style-type: square;">
<li>Under the scheme, a vocational subject is offered for Classes IX to XII along with the general education to provide necessary employability and vocational skills for a variety of occupations.</li>
<li>The above scheme is being implemented under the umbrella of <strong>&lsquo;Samagra Shiksha &ndash; an integrated scheme for school education&rsquo;.</strong></li>
</ul>
<h3>Samagra Shiksha</h3>
<ul style="list-style-type: square;">
<li><strong>Key Provisions:</strong><br />
<ul style="list-style-type: circle;">
<li>Samagra Shiksha is an<strong> integrated</strong> scheme for school education extending from <strong>pre-school to class XII</strong> to ensure inclusive and equitable quality education at <strong>all levels</strong> of school education.</li>
<li>It <strong>subsumes</strong> the three Schemes of<strong> Sarva Shiksha Abhiyan (SSA), Rashtriya Madhyamik Shiksha Abhiyan (RMSA) and Teacher Education (TE).</strong><br />
<ul style="list-style-type: disc;">
<li>The scheme treats school education holistically as a <strong>continuum from Pre-school to Class 12.</strong></li>
</ul>
</li>
<li>The main emphasis of the Scheme is on improving the quality of school education by focussing on the <strong>two T&rsquo;s &ndash; Teacher and Technology.</strong></li>
</ul>
</li>
<li><strong>Vision:</strong><br />
<ul style="list-style-type: circle;">
<li>The vision of the Scheme is to ensure inclusive and equitable quality education from pre-school to senior secondary stage in accordance with the <strong>Sustainable Development Goal (SDG)</strong> for Education.<br />
<ul style="list-style-type: disc;">
<li><strong>SDG-4.1:</strong> Aims to ensure that all boys and girls complete free, equitable and quality primary and secondary education leading to relevant and effective learning outcomes.</li>
<li><strong>SDG 4.5:</strong> Aims to eliminate gender disparities in education and ensure equal access to all levels of education.</li>
</ul>
</li>
<li>The scheme mainly aims to support States in the implementation of the<a href="/to-the-points/Paper2/right-to-education" target="_blank" rel="noopener"><strong> Right of Children to Free and Compulsory Education (RTE) Act, 2009.</strong></a></li>
<li>Right to Education Act (RTE) is a fundamental right under <strong>Article 21-A</strong> of the Constitution of India.</li>
</ul>
</li>
<li><strong>Funding Pattern:</strong><br />
<ul style="list-style-type: circle;">
<li>The Scheme is being implemented as a <strong>Centrally Sponsored Scheme.</strong> <br />
<ul style="list-style-type: disc;">
<li>The fund sharing pattern for the scheme between Centre and States is at present in the ratio of <strong>90:10 for the North-Eastern States and the Himalayan States</strong> and <strong>60:40 for all other States and Union Territories with Legislature.</strong></li>
<li>It is <strong>100% centrally sponsored for Union Territories without Legislature.</strong></li>
</ul>
</li>
<li>The scheme also proposes to give flexibility to the States and UTs to plan and prioritize their interventions within the scheme norms and the overall resource envelope available to them.</li>
</ul>
</li>
</ul>
<p><a href="https://pib.gov.in/PressReleseDetail.aspx?PRID=1596200" target="_blank" rel="noopener"><strong>Source: PIB</strong></a></p>',
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	(int) 12 => object(Cake\ORM\Entity) {

		'article_id' => (int) 3803,
		'category_id' => (int) 21,
		'title' => 'Right To A Fair Trial',
		'description' => '<h3>Why in News</h3>
<p>The Supreme Court (SC), in a recent verdict, has held that the routine practice of investigating agencies of producing documents in sealed covers and the judges reproducing them as judicial findings of their own will affect the right to a fair trial of accused.</p>
<h3>Key Points</h3>
<ul style="list-style-type: square;">
<li><strong>Routine Practice:</strong><br />
<ul style="list-style-type: circle;">
<li>The apex court reacted sharply to the recent trend of agencies like the CBI and the Enforcement Directorate presenting documents in sealed covers to the courts, as evidence collected against the accused in the course of investigation.</li>
<li>The situation is made worse when judges convert the findings of the investigative agencies in these documents into their own judicial findings and reproduce them in orders, refusing the accused bail.</li>
</ul>
</li>
<li><strong>Verdict</strong><br />
<ul style="list-style-type: circle;">
<li>The Supreme Court in the specific case held that though it was open for a judge to receive the materials/documents collected during the investigation in order to either &ldquo;satisfy its conscience that the investigation is proceeding on the right lines&rdquo; or to grant bail, the judge cannot reproduce the material as his own findings in a judicial order.</li>
<li>It would be against the concept of a fair trial if in every case the prosecution presents documents in sealed cover and the findings on the same are recorded as if the offence is committed and the same is treated as having a bearing for denial or grant of bail.</li>
<li>The merits of a case should be left for the trial where the accused can defend himself.</li>
</ul>
</li>
</ul>
<h3>Rights of an Accused under Indian Constitution</h3>
<ul style="list-style-type: square;">
<li><strong>Article 22</strong> of the Indian Constitution confers the following rights on a person who is arrested or detained under an ordinary law: <br />
<ul style="list-style-type: circle;">
<li>Right to be informed of the grounds of arrest.</li>
<li>Right to consult and be defended by a legal practitioner.</li>
<li>Right to be produced before a magistrate within 24 hours, excluding the journey time.</li>
<li>Right to be released after 24 hours unless the magistrate authorises further detention.</li>
</ul>
</li>
<li>It needs to be noted that the above safeguards are <strong>not available to an enemy alien</strong> or a <strong>person arrested or detained</strong> under a <a href="/daily-updates/daily-news-analysis/j-and-k-public-safety-act" target="_blank" rel="noopener"><strong>preventive detention law.</strong></a></li>
</ul>
<p><a href="https://www.thehindu.com/news/national/leave-merits-of-a-case-for-trial-says-supreme-court/article30166216.ece" target="_blank" rel="noopener"><strong>Source: TH</strong></a></p>',
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	(int) 13 => object(Cake\ORM\Entity) {

		'article_id' => (int) 3711,
		'category_id' => (int) 21,
		'title' => 'Maharashtra Bill to Protect Mediapersons',
		'description' => '<h3>Why in News</h3>
<p>The President of India has given assent to the <strong>Maharashtra Media Persons and Media Institutions (Prevention of Violence and Damage or Loss to Property) Bill, 2017.</strong></p>
<ul style="list-style-type: square;">
<li><strong>Maharashtra</strong> is the <strong>first state</strong> to pass legislation which ensures <strong>protection for journalists.</strong></li>
</ul>
<h3>Key Provisions</h3>
<ul style="list-style-type: square;">
<li>The bill considers <strong>violent attacks on media persons a non-bailable offence.</strong><br />
<ul style="list-style-type: circle;">
<li>The offence shall be <a href="/daily-updates/daily-news-editorials/re-imagining-cognizable-offences" target="_blank" rel="noopener"><strong>cognizable</strong> </a>(police officer has the authority to make an arrest without a warrant and to start an investigation with or without the permission of a court) <strong>and triable</strong> by a<strong> first-class judicial magistrate.</strong></li>
</ul>
</li>
<li>Anyone who commits or attempts to commit any act of violence against <strong>journalists or media houses</strong> shall be punished with <strong>jail terms up to three years</strong> or with a <strong>fine up to Rs 50,000 or with both.</strong><br />
<ul style="list-style-type: circle;">
<li><strong>A media institution</strong> has been defined as any registered newspaper, news channel, news-based electronic outlet or news station establishment.</li>
<li><strong>A media person</strong> means a person whose principal vocation is that of a journalist, who is employed as a journalist, whether on a <strong>regular or contract basis.</strong></li>
</ul>
</li>
<li>Any offence against a media person will be investigated by a police officer <strong>above the rank of a Deputy Superintendent of Police.</strong></li>
<li>The <strong>assailant</strong> would also be liable to <strong>reimburse the medical expenditure</strong> incurred by the media persons in the attack.</li>
<li>The <strong>offender</strong> is also liable to<strong> pay compensation for damage or loss</strong> caused to the property of the media person or the media house as <strong>determined by the court.</strong></li>
</ul>
<h3>Significance</h3>
<ul style="list-style-type: square;">
<li>The act will ensure the<strong> safety of journalists in exercising freedom of speech and expression.</strong></li>
<li>It ensures the implementation of the <strong>&ldquo;Safety and Security of Journalists&rdquo; advisory (2017)</strong> by the <strong>Ministry of Home Affairs.</strong><br />
<ul style="list-style-type: circle;">
<li>The advisory was issued days after Bengaluru-based journalist Gauri Lankesh was shot dead in 2017.</li>
</ul>
</li>
<li>It will help to improve ranking under the <a href="/daily-updates/daily-news-analysis/important-facts-for-prelims-24th-april-2019" target="_blank" rel="noopener"><strong>World Press Freedom Index.</strong></a><br />
<ul style="list-style-type: circle;">
<li>India<strong> ranked 140<sup>th</sup> out of 180 countries</strong> in this index released by &lsquo;Reporters Without Borders&rsquo;.</li>
<li>According to the report violence against journalists including police violence, attacks by Maoist fighters and reprisals by criminal groups or corrupt politicians is one of the most striking characteristics of the current state of press freedom in India.</li>
</ul>
</li>
</ul>
<p><a href="https://www.thehindu.com/news/national/kovind-gives-asssent-to-maharashtra-bill-on-protecting-mediapersons/article30070031.ece" target="_blank" rel="noopener"><strong>Source: TH</strong></a></p>',
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		'article_id' => (int) 3676,
		'category_id' => (int) 21,
		'title' => 'World Children’s Day',
		'description' => '<p>World Children&rsquo;s Day is celebrated on <strong>20<sup>th</sup> November</strong> each year to promote international togetherness and awareness among children worldwide, and improve children's welfare.</p>
<ul style="list-style-type: square;">
<li>20<sup>th</sup> November is an important date as:<br />
<ul style="list-style-type: circle;">
<li>The <a href="/important-institutions/drishti-specials-important-institutions-international-institution/united-nations-1" target="_blank" rel="noopener"><strong>United Nations (UN) General Assembly</strong></a> adopted the <strong>Declaration of the Rights of the Child in 1959.</strong></li>
<li>The UN General Assembly adopted the <strong>Convention on the Rights of the Child </strong>in <strong>1989.</strong></li>
</ul>
</li>
<li>To commemorate the 30<sup>th</sup> anniversary of the Convention on the Rights of the Child, the <a href="/important-institutions/drishti-specials-important-institutions-international-institution/unicef-1" target="_blank" rel="noopener"><strong>United Nation Children&rsquo;s Fund (UNICEF)</strong></a> undertook the <strong>'Go Blue' campaign</strong> wherein landmark buildings around the world lit up blue on 20<sup>th</sup> November 2019 to show support for child rights. <br />
<ul style="list-style-type: circle;">
<li><strong>Indian Parliament</strong> was also part of the same.</li>
</ul>
</li>
</ul>
<div class="border-bg">
<p><strong>Convention on the Rights of the Child</strong></p>
<ul style="list-style-type: square;">
<li>It is a treaty adopted by the United Nations General Assembly in <strong>1989.</strong></li>
<li>Under the Convention, every human being <strong>under 18</strong> years old is <strong>recognized as a child.</strong></li>
<li>It sets out the civil, political, economic, social and cultural rights of every child, regardless of their race, religion or abilities.<br />
<ul style="list-style-type: circle;">
<li>It includes rights such as Right to Education, Right to Rest and Leisure, Right to Protection from Mental or Physical Abuse including Rape and Sexual Exploitation.</li>
</ul>
</li>
<li>It is the<strong> world&rsquo;s most widely ratified human rights treaty.</strong></li>
</ul>
</div>
<h3>Initiatives Taken by India</h3>
<ul style="list-style-type: square;">
<li><strong>India</strong> celebrates <strong>Children&rsquo;s Day</strong> on <strong>14<sup>th</sup> November</strong> every year.</li>
<li>India <strong>ratified the Convention on the Rights of the Child</strong> in 1992.</li>
<li>The <strong>under-5 mortality rate has fallen</strong> significantly from the 1990 level of 117 per 1000 live births to <strong>39 in 2016.</strong></li>
<li>The number of <strong>children having access to drinking water</strong> has increased from 62% in 1992 to 92% in 2019.</li>
<li>The <strong>National Policy for Children, 2013</strong> was adopted to affirm the Government&rsquo;s commitment to a rights based approach in addressing the continuing and emerging challenges in the situation of children.</li>
<li><a href="/to-the-points/Paper2/right-to-education" target="_blank" rel="noopener"><strong>The Right to Education Act 2009</strong></a>, has increased primary school attendance rates for girls from 61% to near universal in the same period.</li>
<li><strong>Prohibition of Child Marriage Act 2006</strong> saw prevalence of child marriage declining from 47% girls married before age 18 in 2005-2006, to 27% in 2015-2016.</li>
<li>With novel programmes and approaches like <a href="/daily-updates/daily-news-analysis/important-facts-for-prelims-25th-january-2019" target="_blank" rel="noopener"><strong>Beti Bachao-Beti Padhao,</strong></a> child friendly schools, child budgets and <a href="/daily-updates/daily-news-analysis/challenges-in-national-nutrition-mission" target="_blank" rel="noopener"><strong>POSHAN Abhiyan,</strong></a> the States and the Union government are ensuring that children have adequate protection and opportunities for growth and development.</li>
</ul>
<h3>Way Forward</h3>
<ul style="list-style-type: square;">
<li>The Government needs to <a href="/daily-updates/daily-news-editorials/malnutrition-in-india-1" target="_blank" rel="noopener"><strong>focus on the nutrition of children</strong></a> as presently 21% of children under age five years are wasted and 36% of children under age five years are underweight.</li>
<li>The Government also needs to ensure <strong>inclusive education</strong> by placing special focus on securing education to the more vulnerable differently abled children.</li>
</ul>
<p><a href="https://pib.gov.in/PressReleseDetail.aspx?PRID=1592515" target="_blank" rel="noopener"><strong>Source: PIB</strong></a></p>',
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	(int) 15 => object(Cake\ORM\Entity) {

		'article_id' => (int) 3641,
		'category_id' => (int) 22,
		'title' => 'Supreme Court on Religious Practices',
		'description' => '<div class="border">
<p>This article is based on <a href="https://indianexpress.com/article/opinion/editorials/fraught-course-sabarimala-verdict-supreme-court-6122011/" target="_blank" rel="noopener"><strong>&ldquo;Fraught course&rdquo;</strong></a>, <a href="https://indianexpress.com/article/explained/explained-three-cases-sc-wants-clubbed-with-sabarimala-review-women-entry-temple-religious-places-cji-ranjan-gogoi-6121578/" target="_blank" rel="noopener"><strong>&ldquo;Explained: The three cases SC wants clubbed with Sabarimala review</strong></a>&rdquo;, &ldquo;<a href="https://indianexpress.com/article/explained/explained-supreme-courts-sabarimala-order-and-the-essentiality-test-in-religious-practice-6119369/" target="_blank" rel="noopener"><strong>Sabarimala order: What is the &lsquo;essentiality&rsquo; test in religious practice?</strong></a>&rdquo;, which were published in The Indian Express on 16/11/2019. It talks about Indian judiciary&rsquo;s intervention in religious matters, mainly concerning women and their rights.</p>
</div>
<p>The <strong>Supreme Court&rsquo;s five-judge constitution bench</strong> has decided to <strong>refer the Sabarimala temple case,</strong> clubbed with other 3 pending cases broadly related to the rights of women in the sphere of religion, to a <strong>larger 7-judge Bench.</strong> This leads the apex court into potentially dangerous and conflicting territories.</p>
<p>The new bench has been tasked with finding the balance between the <a href="/daily-updates/daily-news-analysis/regulating-right-to-freedom-of-religion" target="_blank" rel="noopener"><strong>Right to Freedom of Religion</strong></a> and <strong>other constitutionally-guaranteed rights,</strong> especially the <strong>Right to Equality (Article 14:</strong> The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India), defining <strong>&ldquo;essential religious practice&rdquo;</strong> and<strong> &ldquo;constitutional morality&rdquo;.</strong></p>
<h3>Context</h3>
<p><strong>Entry of women into the Sabarimala temple</strong></p>
<ul style="list-style-type: square;">
<li>On 28<sup>th</sup> September <strong>2018, SC lifted the ban</strong> that prevented women and girls between the age of 10 and 50 (mainly menstruating women) from <strong>entering the famous Ayyappa shrine</strong> in Kerala by a majority verdict of 4:1.</li>
<li>It held that the centuries-old Hindu religious practice was <strong>illegal and unconstitutional (Article 14 and 25).</strong></li>
<li>Temple custodians argue that women of menstrual age are prohibited from offering prayers as the deity there, Ayyappa, is a celibate.</li>
</ul>
<p><strong>Muslim women&rsquo;s entry into mosques</strong></p>
<ul style="list-style-type: square;">
<li>In April <strong>2019,</strong> the SC was moved to seek directions <strong>for allowing Muslim women to enter mosques through the main door,</strong> and to have the &ldquo;Islamic right to visual and auditory access to the <strong>&lsquo;musalla&rsquo;</strong> (main prayer area)&rdquo;.</li>
<li>The petition said that &ldquo;this <strong>act of prohibition is void and unconstitutional</strong> as such practices are not only repugnant to the basic dignity of a woman as an individual but also violative of the fundamental rights guaranteed under <strong>Articles 14, 15, 21 and 25</strong> of the Constitution&rdquo;.</li>
<li>The matter was last heard on November 5, 2019, by a Bench comprising CJI-designate Justice S A Bobde and Justices S Abdul Nazeer and Krishna Murari.</li>
</ul>
<p><strong>Female genital mutilation among Dawoodi Bohras</strong></p>
<ul style="list-style-type: square;">
<li>On September 24, <strong>2018,</strong> a Bench of SC referred the matter in <strong>&lsquo;Sunita Tiwari vs Union of India and Ors&rsquo;</strong> to a larger Bench of the Supreme Court.</li>
<li>The petition, filed under <strong>Article 32</strong> of the Constitution, had questioned the constitutionality of the practice of <strong>Female Genital Mutilation (FGM)</strong> or<strong> &lsquo;khatna&rsquo;,</strong> or <strong>Female Circumcision (FC)</strong> or <strong>&lsquo;khafd&rsquo;,</strong> which the petitioner said was carried out on every girl child in the Dawoodi Bohra community.</li>
<li>The petition relied on the <strong>UN Convention on the Rights of the Child</strong> and the <strong>Universal Declaration of Human Rights</strong> and urged that the practice is violative of <strong>Article 21 (right to life and personal liberty).</strong></li>
<li>The Bench submitted that the matter should be referred to a larger Bench, which the SC accepted.</li>
</ul>
<p><strong>Entry of Parsi women married to non-Parsis in the Agyari</strong></p>
<ul style="list-style-type: square;">
<li>The <strong>Special Leave Petition</strong> in<strong> &lsquo;Goolrukh Gupta vs Burjur Pardiwala&rsquo;</strong> arose out of a judgment passed by the Gujarat High Court in <strong>2012.</strong></li>
<li>The petitioner, Goolrukh Contractor Gupta, moved the High Court in 2010 after her friend who too, like her, was a Parsi married to a Hindu, was <strong>denied entry to the Tower of Silence</strong> during her mother&rsquo;s last rites some years before.</li>
<li>In the court, Goolrukh Gupta&rsquo;s counsel, argued that the question was, &ldquo;in the case of marriage between a Hindu and Parsi, does it result in automatic conversion of religion?&rdquo; The matter hence <strong>raised issues of gender justice.</strong></li>
<li>In<strong> December 2017,</strong> a <strong>Constitution Bench observed</strong> that &ldquo;DNA does not evaporate&rdquo; after marrying outside one&rsquo;s religion&rdquo;, and that <strong>by marrying outside her religion, a woman does not &ldquo;surrender her affection to her father&rdquo;.</strong></li>
</ul>
<div class="border-bg">
<p><strong>The Doctrine of Essentiality</strong></p>
<ul style="list-style-type: square;">
<li>The doctrine of &ldquo;essentiality&rdquo; was invented by a seven-judge Bench of the Supreme Court in the <strong>&lsquo;Shirur Mutt&rsquo; case in 1954.</strong> The court held that the term &ldquo;religion&rdquo; will cover all rituals and practices &ldquo;integral&rdquo; to a religion, and took upon itself the responsibility of determining the essential and non-essential practices of a religion.</li>
<li>Essential religious practice test is a contentious doctrine evolved by the court to protect only such religious practices which were essential and integral to the religion.</li>
</ul>
<p><strong>Constitutional Morality</strong></p>
<ul style="list-style-type: square;">
<li>Constitutional morality provides a principled understanding for unfolding the work of governance. It specifies norms for institutions to survive and an expectation of behaviour that will meet not just the text but the soul of the Constitution. It also makes the governing institutions and representatives accountable.</li>
<li>Constitutional morality has been used to emancipatory effect in past cases by the apex court. One of the examples is <a href="/to-the-points/Paper2/to-the-point-paper-2-section-377-judgement" target="_blank" rel="noopener"><strong>decriminalising homosexuality.</strong></a></li>
</ul>
</div>
<h3>Concerns</h3>
<ul style="list-style-type: square;">
<li>Review parameters usually permit a narrow reconsideration in case of an error in the verdict or discovery of new evidence but <strong>passing on to larger bench could open up new questions,</strong> instead of settling the old ones.</li>
<li>There are concerns within the court itself about <strong>clubbing these four issues</strong> together because this will lead to a situation where not everyone is equally content and a uniform verdict <strong>can give rise to religious conflicts.</strong></li>
<li>The inability to solve issues like this and passing on to the larger benches <strong>narrows down the scope for justice</strong> and for courts as well.</li>
<li>In setting itself the task of<strong> defining this constitutional morality,</strong> the court will now have to go into the question of its limits and boundaries, of its possible clash with religious beliefs and faith.</li>
<li>The <strong>essentiality test impinges on the autonomy and freedom of religion</strong> which was meant to guarantee freedom to practice one&rsquo;s beliefs based on the concept of &ldquo;inward association&rdquo; of man with God.</li>
<li>The Court is <strong>creating problems for itself</strong> as well as <strong>circumscribing individual freedoms and treading into the clergy&rsquo;s domain.</strong></li>
</ul>
<h3>Way Forward</h3>
<ul style="list-style-type: square;">
<li>Each of these issues must be considered on their own ground with <strong>different redressal mechanisms.</strong> On essential religious practice, SC should go case by case rather than aim for a grand unified theory.</li>
<li>The court has been inconsistent in applying the essential religious practice doctrine and maybe it should be left like that only to avoid further tensions.</li>
<li>Court&rsquo;s push for expanding its remit and for hard clarity on complex questions will prove difficult and maybe counterproductive so it <strong>should not dwell deeper into the religious matter after a certain point.</strong></li>
<li>The court upheld ideas of freedom and equality and the constitutional promise of a pluralistic and inclusive society while redressing an injustice which should be <strong>upheld as a beacon of hope for a just and equal society.</strong></li>
</ul>
<table border="1" style="border-collapse: collapse; width: 100%;">
<tbody>
<tr>
<td style="width: 100%; border-style: dotted; border-color: #ff0000; background-color: #f8ffd6;"><span style="color: #000080;"><em><strong>Drishti Mains Question</strong></em></span><br /><br />Objectives of gender justice go beyond the boundaries of the courts. Comment.</td>
</tr>
</tbody>
</table>',
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		'article_id' => (int) 3448,
		'category_id' => (int) 22,
		'title' => 'Right To Be Forgotten',
		'description' => '<div class="border">
<p>This article is based on <a href="https://indianexpress.com/article/explained/explained-the-right-to-be-forgotten-on-the-internet-6041283/" target="_blank" rel="noopener">&ldquo;The &lsquo;right to be forgotten&rsquo; on the Internet&rdquo;</a> that was published in The Indian Express on 1/10/2019. It talks about the right to be forgotten in the Indian context.</p>
</div>
<p></p>
<p>Recently, the <strong>European Court of Justice (ECJ)</strong> ruled in favour of the search engine giant Google, which was contesting a French regulatory authority&rsquo;s <strong>order to have web addresses removed from its global database.</strong></p>
<p>The European Union&rsquo;s highest court ruled that an online privacy rule known as the <strong>&lsquo;right to be forgotten&rsquo;</strong> under European law <strong>would not apply beyond the borders of EU member states.</strong></p>
<p>The judgement is an important victory for Google, as now the online privacy law cannot be used to regulate the internet in countries such as India, which are outside the European Union.</p>
<h3>What is the &lsquo;right to be forgotten&rsquo;?</h3>
<ul style="list-style-type: square;">
<li><strong>The right to be forgotten empowers individuals to ask organisations to delete their personal data.</strong></li>
<li>It is provided by the EU&rsquo;s <strong>General Data Protection Regulation (GDPR)</strong>, a law passed by the 28-member bloc in 2018.</li>
</ul>
<div class="border-bg">
<p>Note:</p>
<ul style="list-style-type: square;">
<li>According to GDPR, the data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay.
<ul style="list-style-type: circle;">
<li>Under Article 2 of the GDPR, &ldquo;personal data&rdquo; means &ldquo;any information relating to an identified or identifiable natural person (&ldquo;data subject&rdquo;)&rdquo;.</li>
<li>&ldquo;Controller&rdquo; means &ldquo;the natural or legal person, public authority, agency or any other body which determines the purposes and means of the processing of personal data&rdquo;.</li>
<li>According to the GDPR website, &ldquo;undue delay&rdquo; is considered to be about a month.</li>
</ul>
</li>
</ul>
</div>
<ul style="list-style-type: square;">
<li>After a search engine company like Google gets requests under the GDPR to get information deleted, it first reviews and then removes links on country-specific sites within the European Union.</li>
<li>ECJ observed that the EU cannot enforce the &lsquo;right to be forgotten&rsquo; on countries which do not recognize such a right.</li>
</ul>
<h3>What is 'right to be forgotten' under the Indian scheme?</h3>
<ul style="list-style-type: square;">
<li><a href="/daily-updates/daily-news-analysis/justice-bn-srikrishna-committee-submits-data-protection-report" target="_blank" rel="noopener">Justice BN Srikrishna Committee&rsquo;s</a> draft Personal Data Protection Bill 2018, has introduced a new right called the right to be forgotten, which refers to the <strong>ability of an individual to limit, delink, delete, or correct the disclosure of the personal information on the internet</strong> that is misleading, embarrassing, or irrelevant.</li>
<li>According to Section 27 of the Bill, a <strong>data principal</strong> has a right to prevent the <strong>data fiduciary</strong> from using such data or information if data disclosure is no longer necessary, the consent to use data has been withdrawn or if data is being used contrary to the provisions of the law.
<ul style="list-style-type: circle;">
<li>Further, section 27(2) says the <strong>adjudicating officer (Data Protection Authority)</strong> can decide on the question of disclosure, and the circumstances in which he thinks such disclosure can override the <strong>freedom of speech and the citizen&rsquo;s right to information.</strong></li>
</ul>
</li>
<li>Right to be forgotten is in sync with the right to privacy, which was hailed by the Supreme court as an integral part of Article 21 (right to life) of the constitution in <a href="/daily-updates/daily-news-editorials/privacy-judgement-and-the-aftermath" target="_blank" rel="noopener">Puttaswamy judgement 2017.</a></li>
</ul>
<div class="border-bg">
<p>DATA PRINCIPAL</p>
<ul style="list-style-type: square;">
<li>It is the person, company, or entity whose information is being collected.</li>
<li>&ldquo;Data&rdquo; means information that is represented in a form that is more appropriate for processing.</li>
<li>&ldquo;Processing&rdquo; refers to the operations done to the data, often forms of organisation, searching, combining, and more to glean further information.</li>
</ul>
<p>DATA FIDUCIARY</p>
<ul style="list-style-type: square;">
<li>This can be a person, state, company, or any entity that decides why data should be processed and how it should be processed.&nbsp;</li>
</ul>
</div>
<h3>What are the issues with India's scheme of 'right to be forgotten'?</h3>
<ul style="list-style-type: square;">
<li><strong>Right to be forgotten gets in conflict with the right to information.</strong>
<ul style="list-style-type: circle;">
<li>This can be depicted in the cases where a rape victim has a right that her past is forgotten and at the same time a criminal cannot claim that he has the right to insist that his conviction should not be referred to by the media.</li>
</ul>
</li>
<li>Whether the data online has to be retained (right to information) or erased (right to be forgotten) from the web, the decision <strong>has to be taken by the Data Protection Authority.</strong>
<ul style="list-style-type: circle;">
<li>This may turn the <strong>right to be forgotten into danger to press freedom</strong> as a journalist has to wait for the decision of the adjudicating officer.</li>
<li>Thus, the freedom to criticise the public personalities for their public policies based on their past statements and activities will be in jeopardy.</li>
</ul>
</li>
<li>Also, <strong>a citizen seeking access to such information will be confused</strong>, whether to approach the <a href="/daily-updates/daily-news-analysis/14th-anniversary-of-right-to-information" target="_blank" rel="noopener">Central Information Commission</a> or Data Protection Authority.</li>
<li>The state retains unbridled powers to collect and process data, without the need for consent,<strong> for the national interest.</strong>
<ul style="list-style-type: circle;">
<li>However, the national interest is nowhere defined, which allows the application of the right to be forgotten under the discretion of the government.</li>
</ul>
</li>
</ul>
<h3>Way Forward</h3>
<ul style="list-style-type: square;">
<li>In order to implement the right to be forgotten, <strong>privacy needs to be added as a ground for reasonable restriction under Article 19 (2)</strong> by a major amendment to the Constitution.</li>
<li>There must be a balance between the right to privacy and protection of personal data (as covered under Article 21 of the Indian constitution), on the one hand, and the freedom of information of internet users (under Article 19), on the other.</li>
<li>A comprehensive data protection law must address these issues and minimize the conflict between the two fundamental rights that form the crucial part of the <strong>golden trinity (Art. 14,19 and 21)</strong> of the Indian constitution.</li>
</ul>
<div class="border-bg">
<p>Drishti Mains Question</p>
<p>Discuss how the right to be forgotten as proposed by Justice BN Srikrishna Committee, can override the freedom of speech and the citizen&rsquo;s right to information.</p>
</div>
<p></p>',
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		'article_id' => (int) 3248,
		'category_id' => (int) 21,
		'title' => 'Regulating Right to Freedom of Religion',
		'description' => '<p>The High Court of Karnataka has issued guidelines to all city municipal corporations regarding granting permission for temporarily using public roads and footpaths.</p>
<ul style="list-style-type: square;">
<li><strong>Major Observation:</strong> <br />
<ul style="list-style-type: circle;">
<li>The <strong>right under Article 25</strong> (freedom to the free profession, practice and propagation of religion) of the Constitution of India <strong>does not extend to public road and footpath.</strong></li>
<li>One cannot get the rights to use public roads and streets just because it is for religious purposes.</li>
</ul>
</li>
<li><strong>Inspection is Mandatory:</strong> <br />
<ul style="list-style-type: circle;">
<li>Authorities cannot mechanically process applications filed under the State Municipal Corporations Act for grant of permission to temporarily use public roads or footpaths for any purposes, including for the celebration of religious festivals or functions.</li>
<li>The authorised officers will have to <strong>compulsorily inspect the premises,</strong> including roads and footpaths, and will have to <strong>take a report from the traffic police on the impact on traffic,</strong> before granting any permission.</li>
<li>Putting up temporary structures can be permitted only after ensuring that <strong>such structures would not</strong> cause any obstruction to the free flow of traffic or <strong>curtail the right of citizens to free use of footpaths.</strong></li>
<li>The corporations have been <strong>directed not to permit digging up of roads</strong> or footpaths while granting permission to put up temporary structures.<br />
<ul style="list-style-type: disc;">
<li>The <strong>Supreme Court</strong> has already held that it is a <strong>fundamental right of citizens to use public roads for passage of vehicles,</strong> and footpaths to walk<strong> (in line with Article 21 of the Constitution).</strong></li>
</ul>
</li>
</ul>
</li>
<li><strong>Display of the Permission at the Location:</strong> <br />
<ul style="list-style-type: circle;">
<li>The <strong>copy of the permission</strong> and conditions imposed for putting up temporary structures, including the period of permission, <strong>should be displayed</strong> prominently by those to whom the permission has been granted.</li>
<li>Any structures <strong>not displaying a copy</strong> of the permission can be treated as <strong>illegal and removed.</strong></li>
</ul>
</li>
</ul>
<div class="border-bg">
<p><strong>Article 25:&nbsp;Freedom of Conscience and Free Profession, Practice and Propagation of Religion</strong></p>
<ul style="list-style-type: square;">
<li><strong>Fundamental Right Enshrined:</strong> Article 25 says that all persons are equally entitled to freedom of conscience and the right to freely profess, practice and propagate religion.</li>
<li>The<strong> implications</strong> of this are:<br />
<ul style="list-style-type: circle;">
<li><strong>Freedom of conscience:</strong> Inner freedom of an individual to mould his relation with God or Creatures in whatever way he desires.</li>
<li><strong>Right to Profess:</strong> Declaration of one&rsquo;s religious beliefs and faith openly and freely.</li>
<li><strong>Right to Practice:</strong> Performance of religious worship, rituals, ceremonies and exhibition of beliefs and ideas.</li>
<li><strong>Right to Propagate:</strong> Transmission and dissemination of one&rsquo;s religious beliefs to others or exposition of the tenets of one&rsquo;s religion.</li>
</ul>
</li>
<li><strong>Scope:</strong> <br />
<ul style="list-style-type: circle;">
<li>Article 25 covers religious beliefs (doctrines) as well as religious practices (rituals).</li>
<li>Moreover, these rights are available to all persons&mdash;<strong>citizens as well as non-citizens.</strong></li>
</ul>
</li>
<li><strong>Restrictions:</strong> <br />
<ul style="list-style-type: circle;">
<li>These rights are subject to <strong>public order, morality, health</strong> and other provisions relating to fundamental rights.</li>
<li>The State is <strong>permitted to regulate or restrict</strong> any economic, financial, political or other secular activity associated with religious practice.</li>
</ul>
</li>
</ul>
<p><strong>Article 21: Protection of Life and Property</strong></p>
<ul style="list-style-type: square;">
<li>It declares that <strong>no person shall be deprived of his life</strong> or personal liberty <strong>except according to the procedure established by law.</strong></li>
<li>This right is available to <strong>both citizens and non-citizens.</strong></li>
</ul>
</div>
<p><a href="https://www.thehindu.com/todays-paper/tp-national/tp-karnataka/" target="_blank" rel="noopener"><strong>Source: TH</strong></a></p>',
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		'article_id' => (int) 3221,
		'category_id' => (int) 22,
		'title' => 'Right to Internet Access and Digital Literacy',
		'description' => '<div class="border">
<p>This article is based on <a href="https://www.thehindu.com/opinion/op-ed/inequality-of-another-kind/article29492512.ece" target="_blank" rel="noopener"><strong>Inequality of another kind</strong></a> which appeared in The Hindu on 24/09/2019. It talks about making the right to internet access and digital literacy, a fundamental right.</p>
</div>
<p>Recently, the Kerala High Court, in Faheema Shirin v. the State of Kerala case, declared the <strong>right to Internet access as a fundamental right</strong> forming a part of the right to privacy and the right to education under Article 21 of the Constitution.</p>
<p>The court held that, in an <strong>information society,</strong> unequal access to the Internet creates and reproduces socio-economic exclusions.</p>
<h3>What are the impact and challenges of Internet Access and Digital Literacy on Socio-Economic Development?</h3>
<ul style="list-style-type: square;">
<li>Offering services online has cost and efficiency benefits for the government and also allows citizens to bypass lower-level government bureaucracy.<br />
<ul style="list-style-type: circle;">
<li>It increases the <strong>accountability and transparency</strong> of the government.</li>
<li>It leads to <strong>better public service delivery.</strong></li>
<li>It increases <strong>participation of citizenry</strong> into politics. etc.</li>
</ul>
</li>
<li>In a global economy, <strong>knowledge of digital processes</strong> transforms the way in which people work, collaborate, consume information, and entertain themselves.</li>
<li>It will also augment the government&rsquo;s efforts to provide better education, health and employment opportunities.</li>
<li>It also helps in socio-cultural mobilisation in Indian society.</li>
</ul>
<h3>Challenges to Internet Accessibility</h3>
<p>Recently, due to the<strong> information revolution,</strong> many businesses and services have become digital and only some of them are available online.</p>
<ul style="list-style-type: square;">
<li>The <strong>digital divide</strong> emanating from <strong>information poverty, lack of infrastructure, and lack of digital literacy</strong> leads to social and economic backwardness.<br />
<ul style="list-style-type: circle;">
<li>The digital divide can be seen <strong>throughout the socio-economic spectrum</strong> of India i.e. between rural and urban India, rich and poor, India&rsquo;s demographic profile (old and young, male and female).</li>
</ul>
</li>
<li>According to the <strong>Deloitte report,</strong> &lsquo;Digital India: Unlocking the Trillion Dollar Opportunity&rsquo; in mid-2016, <strong>digital literacy in India was less than 10%.</strong></li>
<li>Also, in the absence of Internet access and digital literacy enabling that access, there will be the further exclusion of large parts of the population, exacerbating the already existing digital divide.</li>
<li>Even though the government has provided various e-services at grassroots through common service centres, without internet access and digital literacy, these are of no use.</li>
</ul>
<h3>Why the Right to Internet Access Should be a Fundamental Right?</h3>
<ul style="list-style-type: square;">
<li><strong>Curbing Inequality is the basis of social justice and development.</strong></li>
<li>Also, reducing inequality also finds mention in <strong>Articles 39 of the directive principle of state policy,</strong> in the Indian Constitution.<br />
<ul style="list-style-type: circle;">
<li>It has now become a settled judicial practice to read fundamental rights along with directive principles with a view to defining the scope and ambit of the former.</li>
</ul>
</li>
<li>Right to Internet access and digital literacy is important to get rid of the digital divide and allow citizens increased access to information, services, and the creation of better livelihood opportunities.</li>
</ul>
<h3>Government Initiatives in the Field of Internet Access</h3>
<ul style="list-style-type: square;">
<li>The government has acknowledged the digital revolution and is in pursuit of digital inclusion.<br />
<ul style="list-style-type: circle;">
<li>Government has launched, <a href="/daily-updates/daily-news-analysis/important-facts-for-prelims-22nd-february-2019" target="_blank" rel="noopener"><strong>the Bharat Net programme</strong></a>, which aims to have an optical fibre network in all gram panchayats.</li>
<li>Bharat Net will act as the infrastructural backbone for having Internet access all across the country.</li>
<li>However, the project has consistently missed all its deadlines while the costs involved have doubled.</li>
</ul>
</li>
<li>Also, the <strong>National Digital Literacy Mission</strong> has barely touched 1.67% of the population.</li>
<li>This has been acknowledged in the Sustainable Development Goals as well as by the Indian government and has led to the <strong>Digital India mission.</strong></li>
</ul>
<div class="border-bg">
<p><strong>National Digital Literacy Mission</strong></p>
<ul style="list-style-type: square;">
<li><strong>National Digital Literacy Mission</strong> (NDLM) has been initiated with the vision to empower at least one person per household with crucial digital literacy skills by 2020.</li>
<li>NDLM is an effort to complement the government&rsquo;s vision to transform one from each household as digitally literate.</li>
<li>The project aims at helping adults with low technological literacy develop the skills they need to interact in an increasingly digital world.</li>
</ul>
</div>
<h3>Way Forward</h3>
<ul style="list-style-type: square;">
<li>In this framework, the state would have:<br />
<ul style="list-style-type: circle;">
<li><strong>A positive obligation</strong> to create infrastructure for a minimum standard and quality of Internet access as well as capacity-building measures which would allow all citizens to be digitally literate.</li>
<li><strong>A negative obligation</strong> to protect citizen&rsquo;s right to privacy (declared a fundamental right by the Supreme court in Puttaswamy judgement).</li>
</ul>
</li>
<li>The government should invest the resources saved by moving services online, to create Digital infrastructure.</li>
<li>The definition of digital literacy today must include the ability to access and act upon resources and information found online.</li>
<li>Internet access and digital literacy are dependent on each other, and creation of digital infrastructure must go hand in hand with the<strong> creation of digital skills.</strong></li>
<li>Apart from it, there is a need to <strong>strengthen telecom regulations,</strong> so as to ensure market competition and make the internet affordable to all.</li>
<li><strong>Zero-rated services for mobile data access,</strong> could be an intermediate step to fully open and affordable Internet access for the poorest, provided that the choice of selecting services is transparent and inclusive.</li>
</ul>
<p>While the Kerala High Court judgment acknowledges the role of the right to access the Internet in accessing other fundamental rights, it is imperative that the right to Internet access and digital literacy be recognised as a right in itself.</p>
<table border="1" style="border-collapse: collapse; width: 100%;">
<tbody>
<tr>
<td style="width: 523px; border-style: dotted; border-color: #ff0000; background-color: #fcffe6;">
<p><em><strong><span style="color: #0000ff;">Drishti Mains Question</span><br /><br /></strong></em>Unequal access to the Internet creates and reproduces socio-economic exclusions. Discuss.</p>
</td>
</tr>
</tbody>
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		'article_id' => (int) 3217,
		'category_id' => (int) 21,
		'title' => 'Right To Be Forgotten',
		'description' => '<p>Recently, the <a href="/important-institutions/drishti-specials-important-institutions-international-institution/european-union" target="_blank" rel="noopener"><strong>European Court of Justice</strong></a> has <strong>allowed Google not to remove</strong> the links related to sensitive personal data <strong>worldwide.</strong></p>
<ul style="list-style-type: square;">
<li>As per the European law, Google is not under any obligation to remove such information globally on its search engine versions in lieu of request made by any particular state.</li>
</ul>
<h3>Background</h3>
<ul style="list-style-type: square;">
<li>The case between France and Google to remove sensitive information available globally on the Google related to certain class of people was a test of whether individuals have the right to demand the removal of personal data from internet search results without stifling free speech and legitimate public interest.</li>
<li>The court in its judgment <strong>limited the reach</strong> of the online privacy law known as <strong>&lsquo;right to be forgotten&rsquo;,</strong> restricting people&rsquo;s ability to control what information is available about them on the internet and stated that the balance between privacy and free speech must be taken into account while deciding if websites should be delisted over the internet.</li>
</ul>
<div class="border-bg">
<p><strong>European Court of Justice</strong></p>
<ul style="list-style-type: square;">
<li>The <strong>European Court of Justice (ECJ)</strong> is the highest court in the European Union in matters of European Union law, established in 1952.</li>
<li>The Court of Justice of the European Union, which has its<strong> seat in Luxembourg,</strong> consists of two courts: the <strong>Court of Justice and the General Court (created in 1988).</strong></li>
<li>Its main function as set out in <strong>Article 164 of the Treaty of Rome</strong> is to ensure that in the application and interpretation of the EU law uniformly across all EU member states and to certify that countries and EU institutions abide by EU law.</li>
</ul>
</div>
<h3>Right to be Forgotten in Indian Context</h3>
<ul style="list-style-type: square;">
<li>Right to be forgotten refers to the ability of an individual to limit, delink, delete, or correct the disclosure of the personal information on the internet that is misleading, embarrassing, or irrelevant.<br />
<ul style="list-style-type: circle;">
<li>It allows for the <strong>lawful removal</strong> of personal information of an individual if such request is made.</li>
</ul>
</li>
<li>The <strong>right to be forgotten is distinct from the right to privacy</strong> because the right to privacy comprises of the information that is not publicly known, whereas the right to be forgotten involves removing information that was publicly known at a certain time and not allowing third parties to access the information.</li>
<li><strong>Legislative Stand:</strong> In India, there are <strong>no legal provisions</strong> related to it.<br />
<ul style="list-style-type: circle;">
<li>Neither the <a href="/daily-updates/daily-news-analysis/draft-it-rules-issued-by-government" target="_blank" rel="noopener"><strong>Information Technology (IT) Act 2000 (amended in 2008)</strong></a> nor the IT Rules, 2011 deals with the right to be forgotten.</li>
<li>Only <strong>Section 27 of the draft Data Protection bill</strong> has listed out three scenarios in which an individual will have the right to restrict or prevent continuing disclosure of personal data, also known as the right to be forgotten.</li>
<li>This will be applicable if data disclosure is no longer necessary, or the consent to use data has been withdrawn, or if data is being used contrary to the provisions of the law.</li>
</ul>
</li>
<li><strong>Judicial Stand:</strong> There have been instances, where the High courts have upheld the right of an individual to be forgotten. <br />
<ul style="list-style-type: circle;">
<li>For instance, the <strong>Karnataka High Court</strong> upheld a woman&rsquo;s right to be forgotten stating that the right is in line with the trend in the western countries. In the sensitive cases involving women in general and highly sensitive cases involving rape or affecting the modesty and reputation of the person concerned, it must be adhered to.</li>
<li>The <strong>Delhi High Court,</strong> in another case had asked from the Centre and Google whether the right to privacy included the right to delink from the Internet the irrelevant information.</li>
</ul>
</li>
</ul>
<h3>Way Forward</h3>
<ul style="list-style-type: square;">
<li>There must be a balance between the right to privacy and protection of personal data (as covered under Article 21 of the Indian constitution), on the one hand, and the freedom of information of internet users (under Article 19), on the other.</li>
<li>A comprehensive data protection law must address these issues and minimize the conflict between the two fundamental rights that form the crucial part of the <strong>golden trinity</strong> (Art. 14,19 and 21) of the Indian constitution.</li>
</ul>
<p><a href="https://www.thehindu.com/news/international/google-not-required-to-apply-right-to-be-forgotten-worldwide-european-court-of-justice/article29498896.ece" target="_blank" rel="noopener"><strong>Source: TH</strong></a></p>',
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