Context: The five new candidates of BRICS formally became members on January 1, 2024.

About New Members of BRICS

• BRICS Expansion: This expansion introduces 5 new members to BRICS viz. Egypt, Ethiopia, Iran, Saudi Arabia, and the United Arab Emirates.
  • Argentina has decided to withdraw from its planned entry into the expanding BRICS club of nations.
• Significance: The expansion signifies a notable shift in the global landscape, characterized by increasing multipolarity.
• BRICS Summit 2024: The upcoming BRICS summit in Russia in October 2024 is set to undergo a significant transformation as it expands its membership to include five new nations alongside the original founding five viz. Brazil, Russia, India, China, and South Africa.

Further Reading: Argentina Formally Rejects BRICS Membership

News Source: Reuters

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Context: Justice BR Gavai has been nominated as the Chairman of the Supreme Court Legal Services Committee (SCLSC) after replacing Justice Sanjiv Khanna. 

What is the Supreme Court Legal Services Committee (SCLSC)?

• It was constituted under Section 3A of the Legal Services Authorities Act, 1987.
• Objective:  To provide “free and competent legal services to the weaker sections of society”
• Composition: SCLSC consists of chairperson BR Gavai and nine members nominated by the Chief Justice of India (CJI).
  • Further, the Committee can appoint officers and other employees as prescribed by the Centre, in consultation with the CJI.

Constitutional Provisions for Accessible Justice

• Article 39A:  It provides for free legal aid to the poor and weaker sections of the society and ensures justice for all.
• Articles 14 (right to equality) and 22(1) (rights to be informed of grounds for arrest) also make it obligatory for the State to ensure a legal system to provide justice to everyone.

Must Read: Centre Appoints Arvind Panagariya As Chairman of 16th Finance Commission

News Source: Indian Express

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Context: The  ‘SMART 2.0’ program has been launched by the Central Council for Research in Ayurvedic Sciences (CCRAS) along with National Commission for Indian System of Medicine (NCISM).

About SMART 2.0

• Aim: To promote robust clinical studies in priority areas of Ayurveda with Ayurveda academic institutions/hospitals across the country through mutual collaboration.
• Priority Research Areas: It aims at safety, tolerability and adherence to Ayurveda formulations in the priority research areas of Bal Kasa, Malnutrition, Insufficient lactation, Abnormal Uterine Bleeding, Osteoporosis in postmenopausal women and Diabetes Mellitus (DM)2.

Also Read: Casgevy Therapy

News Source: PIB

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Context: An integrated web portal for educational institutes in the country developed by ERNET India was launched by the Ministry of Electronics & Information Technology (MeitY).

About Web Portal

• Service Provided: The portal will offer domain registration, DNS and Value-added Services viz. Website as a Service (WaaS) and Learning Management as a Service (LMaaS).
• Website as a Service  (WaaS) is a cloud service developed to generate websites. It enables entities to choose from various themes for generating websites and customizing and managing the content easily, thus empowering them to maintain their online presence. 
  • Example: S3WaaS

• It will utilize open-source software and emerging technologies like Artificial Intelligence /Machine Learning.
• Function: 
  • The users can select from the variety of available templates for schools, colleges, and universities as per their requirements and create their own website and Learning Management System.
  • The user can publish the website and LMS by customizing the template with single click.

About ERNET India

• Ernet Full Form: Education and Research Network, India
• About: ERNET India is an autonomous not-for-profit scientific society.
• Nodal ministry:  Ministry of Electronics and Information Technology
• Focus: ERNET India mainly provides connectivity across various educational platforms in the country but also gives consultancy, project management, training and other value-added services such as web hosting, e-mail services, video conferencing, domain registration, CUG services.
• Roles: 
  • It is the exclusive domain registrar for all the education & research institutes having ‘ac.in’, ‘edu.in’ & ‘res.in’ as domain name.
  • It  offers smart classrooms, campus Wi-Fi, web accessibility, and satellite and terrestrial systems connectivity to the nation’s research and educational institutions.
• ERNET is identified by Govt. of India as the nodal network for India and is connected through a high-speed link to the pan-European Education and Research Network (GEANT).

Also Read: Section 67 IT Act 

News Source: PIB

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Context: Recently, the Similipal Kai Chutney made with kai pimpudi (red weaver ants) by the tribal people of Odisha’s Mayurbhanj district received the geographical identity tag.

Red Ant Chutney Of Mayurbhanj In Odisha Gets GI Tag

• The application was made by The Mayurbhanj Kai Society Ltd in 2020 for registration in Class 30 under sub-section (1) of section 13 of Geographical Indications of Goods (Registration and Protection) Act, 1999.

About Red Ant Chutney or Kai Chutney

• It contains valuable proteins, calcium, zinc, vitamin B-12, iron, magnesium, potassium, sodium, copper, amino acids which help to boost the immune system.

About Kai or Red Weaver Ants or Oecophylla smaragdina:

• Red Weaver Ants are indigenous to the Mayurbhanj district, Odisha.
• Classification: Workers, major workers and queens. 
  • Workers and major workers are mostly orange coloured, while queens are greenish brown coloured. 
• They feed on small insects and other invertebrates like beetles, flies and hymenopterans. 
• Benefits:
  • Medicinal Oil: It is used as medicinal oil to cure rheumatism, gout, ringworm and other diseases by the tribes. 
  • Bio-control agents: It is recognised as bio-control agents as they protect a variety of tropical crops against insect pests, acting as an alternative to chemical insecticides.

News Source: Down to Earth

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Context: An inscription written in kannada and sanskrit has been discovered in the Mahadeva temple at Cacoda in southern Goa.

• The inscription is being attributed to the 10th century Kadamba period.

About Kadamba Inscription

• The inscription is composed as a vocal statement by Talara Nevayya on the death of his son Gundayya. 
• It is in the literary style of the Talangre inscription of Jayasimha I of the same period.
• The inscription opens with an auspicious word ‘Be it well’ (Swasthi Shri).
• Epigraph (an inscription on a building, statue or coin)  is engraved in Kannada and Nagari characters of the 10th century AD and belongs to the Kadambas of Goa.

About Kadambas of Goa (10th-14th century)

• Origin: The Kadambas of Goa are descendants of Mayurasharma (founder of the Kadamba Kingdom of Banavasi, 345-365 CE)
• They were the feudatory/subordinates of the Chalukyas of Kalyana.
• Kadamba Shasthadeva was appointed the Mahamandaleshwar of Goa by the Chalukya king, Tailapa II as a reward for his help against the Rashtrakutas.
  • Kadamba Shashthadeva later conquered the city of Chandrapur from the Shilaharas and established the Goan Kadamba dynasty in 960 CE.
• Capital: Chandor, formerly known as Chandrapur, was the capital of this dynasty, and an important port.
• King Shashthadeva made the port city of Gopakpattana as his subsidiary capital after annexing Goa, Port Gopakapattana and Kapardikadvipa and large part of South Konkan to his kingdom.

Also Read: Jagannath Temple Beautification Project

News Source: The Hindu

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Context: Recently, the 7th meeting of the India-Nepal Joint Commission was held in Kathmandu, Nepal.

India, Nepal hold Seventh Joint Commission Meeting

• The 7th meeting of the India-Nepal Joint Commission was attended by the Indian External Affairs Minister and his Nepali counterpart to discuss various aspects of bilateral relations across a range of areas like  trade and economic relations, land, rail and air connectivity projects, energy, disaster management etc.

About India-Nepal Joint Commission: 

• It was established in 1987 as a platform for the Foreign Ministers of both countries to review all aspects of the bilateral partnership.

Key Outcomes from the India-Nepal Joint Commission Meeting

• Power Export Agreement: Nepal and India signed a long-term agreement for the export of 10,000 MW of power to India for the next 10 years.
• Cooperation in Renewable Energy: The Nepal Electricity Authority and India’s National Thermal Power Corporation Limited (NTPC) also signed an MoU for cooperation in renewable energy.
• Inauguration of Cross-Border Transmission Lines: Inauguration of 3 cross-border transmission lines which was completed with the help of India (132 kV Raxaul-Parwanipur, 132 kV Kushaha-Kataiya and New Nautanwa-Mainahiya lines).
• Financial Aid for Reconstruction: India will provide 10 billion rupees to Nepal for reconstruction of earthquake hit areas of  Jajarkot and Rukum West.
• Satellite Cooperation Agreement: An agreement for the launch of Nepali satellites was formalized between the Nepal Academy of Science and Technology and NewSpace India Limited under the Indian Space Research Organisation.

To Read More about: India-Nepal Relations

News source: The Indian Express

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Context: The Ministry of Environment, Forest and Climate Change (MoEF&CC) has submitted three nominations from India for Ramsar Wetland City Accreditation (WCA).

Indore, Bhopal, Udaipur Named For Ramsar Wetland City Accreditation Under The Ramsar Convention On Wetlands

• Nominations: The first three Indian cities nominated are Indore (Madhya Pradesh), Bhopal (Madhya Pradesh) & Udaipur (Rajasthan) under the Ramsar Wetland City Accreditation (WCA). 
• The associated wetlands for the cities are: 
  • Sirpur Wetland (Ramsar site in Indore), Yashwant Sagar (Ramsar site closer to Indore) 
  • Bhoj Wetland (Ramsar Site in Bhopal) 
  • Five major wetlands — Pichola, Fateh Sagar, Rang Sagar, Swaroop Sagar, and Doodh Talai in and around Udaipur.

About Ramsar Wetland City Accreditation (WCA)

•  Ramsar Wetland City Accreditation is an outcome of the Ramsar Convention during COP12 held in the year 2015.
  • It is voluntary in nature and gives recognition to cities which have taken exceptional steps to safeguard their urban wetlands.
• Significance: It provides an opportunity to gain international recognition and branding opportunities for their efforts in conservation of wetlands.

Ramsar Convention

• It is an Intergovernmental treaty signed in 1971 at Ramsar (Iran) providing frameworks for the conservation & wise use of wetlands & their resources.
• Global Participation: As of January 2024, there are 172 contracting parties to the Ramsar Convention.
  • India is one of the contracting parties and has already declared a total of 75 wetland sites under the Ramsar Convention. 
• Montreux Record: It is a register of the list of those Ramsar Sites that need urgent attention and was launched in 1990. 

Some Interesting Facts About Ramsar Sites

• India’s Largest Ramsar Site: Covering approximately 11,000 square kilometers, the Sundarbans in West Bengal is India’s largest Ramsar Site. It serves as a vital habitat for the globally endangered Bengal tiger.
• Geographic Diversity of India’s Ramsar Sites: India’s Ramsar Sites showcase remarkable diversity, ranging from high-altitude locations like Tso Kar and Tsomoriri in Ladakh to coastal areas such as Chilika Lake in Odisha.
• Waterfowl Paradise: These sites provide a sanctuary for waterfowl, hosting around 180 bird species, including flamingos, pelicans, and various migratory birds.
• Dominance of Tamil Nadu: It leads among Indian states with the highest number of Ramsar Sites, boasting a total of 14 sites. This highlights the state’s dedication to preserving its wetland ecosystems.
• Ranganathittu Bird Sanctuary in Karnataka: A haven for birdwatchers, this Ramsar Site is home to diverse avian species, making it a must-visit for nature enthusiasts.
• Ancient Keoladeo National Park in Rajasthan: Formerly known as Bharatpur Bird Sanctuary, this Ramsar Site in Rajasthan has a rich history and is renowned for its avian diversity, particularly during the winter migratory season.
• Pong Dam Lake: Situated in Himachal Pradesh, this Ramsar Site is a crucial stopover for numerous migratory birds traveling along the Central Asian Flyway.
• Urban Wetlands:Some Ramsar Sites are found in urban areas, exemplified by Thane Creek in Mumbai, highlighting the coexistence of nature and urban development.

Must Read: List of Total Ramsar Sites in India 2023 

News Source: PIB

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Context: The Election Commission of India has brought in new rules for allocation of symbols to Registered Unrecognised Political Parties (RUPPs). 

New Rules for Allocation of Symbols to Registered Unrecognised Political Parties 

• As per new rules, audited accounts of the last three financial years, expenditure statements of last two elections, and the signature of the authorized office-bearer of the party are needed  for allocation of symbols.
• Symbol: After furnishing these details, the Registered Unrecognised Political Parties will be eligible for ‘concession of common symbol allotment’.
  • The symbol is allotted as per the Election Symbols (Reservation & Allotment) Order, 1968
• Applicability: The new rules would come into effect from January 11,  2024.

What are Registered Unrecognised Political Parties?

• Definition: Registered Unrecognised Political Parties are either newly-registered parties or those which have not secured enough percentage of votes in the Assembly or general election to become a State party, or those that have never contested elections after being registered.
  • In the 2019 Lok Sabha election, only 30% of RUPPs contested.Such parties don’t enjoy all the benefits extended to the recognised parties.
• Registration of the Political Parties are governed under Representation of the People Act (RPA) of 1951.

Requirement For Allocation Of Symbols

• Common symbols are provided to RUPPs based upon an undertaking that they would put up “at least 5% of total candidates with regard to said Legislative Assembly election of a State”.

News Source: The Hindu

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Context: Recently, the Union Home and Co-opreation Minister launched the e-Samridhi Portal or Tur Dal Procurement Portal.

About e-Samridhi Portal (Tur Dal Procurement Portal)

• Aim: To empower tur dal producers with better prices through procurement, streamlined processes and direct bank transfers by National Agricultural Cooperative Marketing Federation of India (NAFED) and National Cooperative Consumers Federation of India (NCCF).
• Portal registration of farmers can be done directly or through PACS and FPO.

How does this e-Samridhi Portal work?

• Under it, the buffer stock of pulses will be purchased from the farmers registered on the portals of NAFED and NCCF.
• Direct Transfer: The payment to the farmers will be made by NAFED directly into their mapped bank account. 

Significance of e-Samridhi Portal 

• Streamlining of the Process: The multilingual electronic portal will connect farmers, NAFED and concerned government departments, streamlining processes for better accessibility.
• Food Security: It will reduce dependence on imports by purchasing 80% of the buffer stock directly from farmers thereby ensuring the future food security. 
• A Vision for New Green Revolution: It is in a direction towards a new green revolution that will include pulses and oilseeds along with traditional crops like wheat and rice. 

Must Read: Cabinet Raises MSP for Six Rabi Crops for Marketing Season 2024-25

News Source: PIB

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Context: Recently, the Indian Railways has increased the supply of 19,742 fog pass devices to ensure smooth operations with an aim to ensure that train running schedules are not affected.

About the Fog Pass Device

• A Navigation Device: It is a GPS based navigation device that helps the loco pilot to navigate during dense fog conditions. 

How does Fog Pass Device Help?

• Fog pass device provides On-board real-time information (display as well as voice guidance) to Loco Pilots regarding location of fixed landmarks such as Signal, Level Crossing gate (Manned & Unmanned), permanent speed restrictions, neutral sections etc. 
• Further, it displays approach indications of the next three approaching fixed landmarks in geographical order accompanied with a voice message approximately 500m on approach.

General features of Fog Pass Device

• Suitability: 
  • For all types of sections like single line, double line, electrified as well as non electrified sections.
  • For all types of electric and diesel locomotives, Electric Multiple Units (EMUs)/Mainline Electric Multiple Unit (MEMUs)/Diesel Electric Multiple Units (DEMUs).
  • For train speeds up to 160 KMPH.
• Specifications: 
  • It is a standalone system.
  • It is portable, compact in size, light in weight (not more than 1.5 Kg including battery) and of robust design.
  • It has built-in rechargeable battery back-up for 18 hrs.
  • It is unaffected by weather conditions like Fog, Rain or Sunshine.
• Benefits: 
  • Easy to Carry: Loco Pilot can carry the device easily with him to the locomotive on resuming his duty.
  • Easy to Place: It can be easily placed on the cab desk of a locomotive.

Also Read: Gajraj System: Indian Railways to Install AI-Based Elephant Protection Software

News Source: PIB

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Context: This article is based on the news “We must bust myths around the social service sector” which was published in the Live Mint. The Civil Society Organisations played an important role in the development Process. However,  the idea that interventions can be self-sustaining is unrealistic.

What are Civil Society Organisations (CSOs)?

• About: Civil Society Organisations are organized voluntary non-state institutions operating mostly on a non-profit basis. 
• Objective: The main focus of the Civil Society Organisations is service delivery, particularly access, quality and accountability.  They play integral roles in the successful functioning of democratic governance systems and are active stakeholders in social, economic, and cultural activities.
• Membership: They are formed and led by the citizens to champion their collective or common interests and concerns of the members, specific target groups, or the general public. 

Roles Played by Civil Society Organisations (CSOs) in Society

• Support Service Delivery

• • They extend support toward effective and timely delivery of basic services.
  • Civil Society Organisations ensure this through awareness generation, evidence, collaboration, and advocacy. 
  • Smile Foundation is a child education NGO aiming to empower underprivileged children by providing education and healthcare support.

• Policy Formulation: 

  • Many Civil Society Organisations today focus on stronger consultation and collaboration mechanisms with the government to support policy action plans and legislation.
    • The Mazdoor Kisan Shakti Sangathan (MKSS) spearheaded the right-to-information movement in Rajasthan – and subsequently, throughout India.

• Research and Evidence

  • Civil society plays a significant role in the policy landscape with the growth of research and evidence in India.
    • Civil Society Organisations gather relevant data from the grassroots, implement and refine programs, and drive decisions rooted in evidence. 
    • For Example The Association for Socially Applicable Research (ASAR) is a nonprofit company that works towards research, awareness and action on social issues.

• Innovation

• • Civil society in India is seen as a key player in developing and scale innovative models of change.
  • Given the diverse range and scope of Civil Society Organisations, they have a unique strength to pilot test models, share good practices, and replicate through example. 
    • Ex-The State Government of Karnataka scaled the Mysore Resettlement and Development Agency’s innovative models of self-help groups and watershed management.

• Civil Society Organisations working as Active Partners of Development: 

• • They fill the development gaps left behind and help the community at the grassroots level.
  • Ex-CSO engaged in MGNREGS to organize the workers into formal groups/labour collectives to improve their participation in implementation and to ensure the provision of entitlements provided under the Act.
    • NGOs like Pratham Oxfam India provide education to children in rural areas.

• Empowering Marginalised Sections

  • These organizations work relentlessly to fight social and gender inequalities.
    • The Ex-Milaan Foundation is working for an inclusive and equal world for girls. 
    • So far, 40,000 children and their communities have benefited through Milaan Foundation.

• Mobilization of the Citizens and Resources

  • They involve communities in development works by engaging them in planning and designing the same. 
    • They use community resources for initiatives like building community infrastructure, houses, and toilets, and in providing basic services like water, electricity etc.
    • Society for the Promotion of Area Resource Centers (SPARC) NGO is working on housing and infrastructure issues for the urban poor.

Concerns Related to Civil Society Organisations in India

• Administrative Expenses: The FCRA Act limits administrative expenses to 20% posing a significant challenge for NGOs engaged in research, advocacy, capacity building, networking, and model development for social innovations. 
  • These activities often incur substantial meetings, salaries, and travel costs, categorizing them as administrative expenses. 
  • Such constraint of administrative spending may render the existence of an organization unfeasible. 
• Multiple Regulatory Authorities: There are multiple regulatory authorities for the regulation of the Civil Society Organisations sector leading to overlapping compliance requirements.
  • Ex-In the office of the charity commissioner regulates Western India, trusts and societies, and non-profit companies by the Registrar of Companies, whereas the income tax authorities regulate the matters of tax exemption.
  • Moreover, the Ministry of Home Affairs regulates the flow of funds from foreign sources to NGOs and Civil Society Organisations.
• Lack of Uniformity and Standardization: Since ‘charity’ is a state and not a central subject in India, some states have excessive regulations while others have virtually none at all. 
  • Ex- In the states of Maharashtra and Gujarat, the charity commissioner requires regular filing of  ‘change reports’, as well as prior permission for buying and selling immovable property. 
  • On the other hand, the National Capital (Delhi) and some other states do not have a charity commissioner. 
  • New Civil Society Organisations  attempt to seek registration in New Delhi or such territories where they can bypass the regulatory authority.
• Increased Compliance Norms: The increasing compliance requirements for CSR donations increased transaction costs. 
  • CSR donations require escrow account maintenance, impact analysis,etc.
  • International non-profit contributions declined by 30% in the past five years, driven by the changes in the FCRA. 
• Anti-National Activities: It has been alleged that some Civil Society Organisations have been involved in anti-national activities by taking foreign funding.
  • Many NGOs have been assisting Maoists-Naxals and pro-Pakistan organizations, carrying out anti-India activities directly or indirectly by taking foreign funding.
• Accountability Issues:  Accountability and transparency in financial matters has been found to be lacking. 
  • There have been increasing incidences of misuse of funds by these organizations. 
  • In January 2017, the Supreme Court of India called for an audit of nearly 30 lakh NGOs as the NGOs failed to give an account of expenditure made out of the fund they had received.

Challenges Civil Society Organisations face in Acting as Alternate Public Service Delivery in India

• Concern with Sustainability: The changes and improvements made in a community with social sector interventions are not self-sustaining and require continued care and energy.
  • Ex- In certain panchayats, significant efforts have been made to prevent child marriages and caste-based discrimination. However, the halting of the work by Civil Society Organisations (Civil Society Organisations),  led to erosion of progress.
• Concerns of Scalability: The notion promises rapid transformations across diverse geographies and populations by applying the principles of effective work in one context to another, facilitating learning and adaptation.
  • In reality, in diverse social conditions, it is really difficult to apply one model or practice to another on account of differences in resources, manpower and infrastructural support, etc. 
• Inability to Create Systemic Change: Numerous participants, ranging from donors to Civil Society Organisations, assert that they strive to bring about system changes. 
  • However, such assertions lack a realistic assessment that such minuscule efforts alone are unlikely to bring about systemic change. They will at best yield incremental progress in one segment of the system.
  • As per a study, only one-third of NGO programs were found to reach the poor and most marginalized groups, and the level of targeting of landless, Dalits, poor women and poor Muslims was less than their proportion in the total population.
• Questions on the Efficiency and Integrity of Civil Society Organisations: There is a widespread belief that Civil Society Organisations are inefficient, ineffective, corrupt, or some combination thereof. 
  • In reality, Civil Society Organisations are no more corrupt or ineffective than any other enterprise in our society. 
  • Perpetuating this myth not only harms the innumerable people who are diligently dedicated to improving society, but it also undermines their efforts.

Legal Framework of Civil Society Organisations in India

• Societies Registration Act 1860

• • It registers associations, which are nonprofit-making entities, for literary, scientific, and charitable purposes.

• The Indian Trusts Act 1882 

• • It is a federal act for managing private trusts. However, different states later adopted their own public trust acts to register trusts for public, religious, or charitable purposes. 

• Section 8 of the Indian Companies Act 2013

• • This section allows companies to be registered as not-for-profit for a list of purposes, such as to promote arts, science, education, social welfare, and environmental protection, among others.

• FCRA Amendment Act 2020

  • The Foreign Contribution Regulation Act (FCRA) applies to all NPOs, such as societies, trusts, and Section 8 companies, which accept foreign contributions for their work. 
    • It limits the percentage of foreign contributions spent on administrative expenses to 20% instead of 50%. 
    • It also limits the transfer of funds from the recipient organization to other partners and associated organizations. 
    • It prohibits sub-granting of FCRA funds.
    • It mandates using the Aadhar card, a national biometric identity card, for all office bearers. 
    • Failure to adhere to these regulations can lead to the cancellation of an organization’s registration.
    • All foreign contributions are mandated to be received in a designated FCRA bank account with the State Bank of India in New Delhi.

Way Forward to the Civil Society Organisations

• Reduced Compliance Laws: Additional laws or compliance requirements should not be introduced for regulating Civil Society Organisations. The Union government can exercise its powers to investigate NPOs through the Comptroller Auditor General and CBI.
• New Appellate Body for FCRA-related Grievances: The home ministry may constitute an appellate body to address FCRA-related grievances.
• Capacity Building and Training: Capacity building of professionals working in Non-Government Organisation, community-based organizations, Voluntary Organisation and Civil Society Organisation is the need of the hour. 
  • Emerging tools and specific skills and tactics are necessary to build the capacity of volunteers and social workers. 
  • Training programs should empower the functionaries of organizations to perform internally better and towards the community they serve holistically.
• Charitable Funding: The Civil Society Organisations should look into ways to promote more collective giving, a type of philanthropic giving in which organizations combine their contributions to generate greater sums of money to address issues.
  • Collectivisation needs to be done geographically, where societies unite over common social challenges and unite their resources to address them.
• Synergy between Civil Society Organisations, Government and Private Sector:  The advantages of grassroots level work by the Civil Society Organisations, resources, and technologies with the private sector and traditional Government structures need to be harnessed to ensure the overall progress of society and achieve the goal of holistic development.

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Context: With the future development and applications of Artificial Intelligence (AI), the principle of territorial sovereignty is being transformed into that of digital Sovereignty. 

About Digital Sovereignty 

• Meaning of Sovereignty

  • Sovereignty means that the state is the supreme and exclusive authority in a territory and it is subject to no internal competitors or no unwanted external influence.

• Definition of Digital Sovereignty

  • Although there is no universal definition, digital sovereignty is an umbrella term that refers to the ability to exercise control over digital assets, such as data, content or digital infrastructure, or over the use of those assets. 
    • Digital sovereignty is often used to describe an ordered, value-driven, regulated, reasonable and secure digital sphere. 
    • It is presumed to resolve the multifaceted problems of individual rights and freedoms, collective and infrastructural security, political and legal enforceability and fair economic competition. 

Reasons for Rising Significance of Digital Sovereignty

• Rising Digitalisation: It is a major driver in shaping economics, politics, and the balance of power in global affairs. 
  • As per the market estimates, the global digital transformation market size is anticipated to reach around USD 1000 billion by 2025 from around USD 470 billion in 2020. 
• Rise of Corporate Governance: Transborder and multi-level governance of AI is at the very heart of corporate governance, and sovereignty over peoples and nations is being transformed into masses of accumulated classified data. 
• Global Data Governance: It is contested by nations and industry players seeking to shape the rules of the road to benefit their strategic interests. 
  • India has placed itself at the heart of the battle with its foreign policy vision fuelled by the principle of ‘data sovereignty’, a broad notion that supports the assertion of sovereign writ over data generated by citizens within a country’s physical boundaries. 
• Contest Over Digital Sovereignty: Over the last decade, digital sovereignty has become a central element in policy discourses on digital issues, popular in both authoritarian and democratic countries alike. 
• Rise in Digital Economy: India desires to claim more of the economic benefits of cyberspace, in the growing digital economy. In this emerging landscape, digital sovereignty is about how a state regulates and exercises control over the technology and services in use there.
  • For instance, cloud services are becoming increasingly important to be able to use, transfer and store data. However, data stored in cloud computing services may be under the jurisdiction of more than one country’s laws which may make an organization’s compliance even more difficult when there are multiple domestic data privacy statutes to juggle across the countries.

• Other Reasons for Rising Significance of Digital Sovereignty

• • Concerns about state surveillance (rising from the 2013 Snowden Revelations). 
  • Concerns over the level of dependence on extranational infrastructure and systems.
  • Concerns over online harms.

India and Digital Sovereignty

• India’s digital sovereignty vision has three pillars: 
  • A push to leverage data as a key tool of economic growth and development by asserting regulatory oversight over the practices of multinational private actors.
  • A domestic push backed by a global diplomatic course of action to prevent the inequitable construction of digital trade rules.
  • The leveraging of data security in bilateral security disputes. 
• Global Data Governance: Through multilateral diplomacy at the World Trade Organization (WTO) and other forums, India has placed itself at the centre stage of the global battle on data governance. 
  • India has taken strong positions in WTO debates, including asserting that any rule-making on data governance outside the consensus-driven model of the WTO will dilute the voices of emerging economies and suppress their sovereign right to frame rules that further their citizens’ best interests.
  • A key pillar of foreign policy vision in this domain is the principle of data sovereignty, which supports the assertion of sovereign writ over data generated by citizens within a country’s physical boundaries.

Challenges Associated with Digital Sovereignty

• Ideological Confrontations

  • The world is split into two ideological camps for crafting norms of the digital world for the global community. 
    • The first led by the US, which believes in unrestricted data flow, takes a laissez-faire approach to government intervention and protection of international human rights online with multistakeholder feedback.
    • The other is championed by the Russian and Chinese philosophy of information sovereignty which allows states to define their network frontiers and regulate them as they see fit, bearing their sovereign interests in mind. 

• Data Colonialism 

  • The extractive economic practices of Western technology companies seeking to consolidate their market power at the expense of individual users in the developing world, who are, the creators of this data.
    • India does not sign the Osaka declaration on cross-border data flow, the initiative seeks to standardize rules in the global movement of data with better protection for personal information and intellectual property.

• Against Free and Open Internet

• • Concern with the ideal of data sovereignty and global attempts to leverage it has come under heavy criticism from various stakeholders as the concept violates the free and open Internet principle. 
    • Critics argue that data sovereignty hampers innovation and economic growth, and is a ruse for authoritarian digital governance.

• Security of National Infrastructures

• • There is an erosion of trust among public institutions due to the lack of understanding of rapidly changing technology among legislators, public servants, and the general public. Further, there is a growing mistrust of technology from certain countries 
    • For instance, the countries of the Five Eyes intelligence alliance (United States, Australia, Canada, New Zealand, and the United Kingdom) have banned or are rolling out bans of Huawei, viewing it as a potential threat to security.

Steps Taken By India For the Digital Sovereignty

• National Digital Communications Policy 2019: Major official document referring explicitly to the notion of digital sovereignty. Along with strategic goals for the development of the information and communications technology (ICT) sector, which proposes adopting data protection and cybersecurity measures.
• New Information Technology (Intermediary Guidelines) Rules 2021: Intermediary Guidelines Rules with more stringent content moderation rules for online platforms, making numerous references to the protection of India’s sovereignty and integrity. 
• Digital Personal Data Protection Act, 2023: To replace India’s existing Information Technology Act of 2000 and provide comprehensive oversight of the digital landscape. It seeks to address modern challenges like cybercrime, data protection, deepfakes and online safety.

Way Forward to the Digital Sovereignty

• Ideological Mediation: Nations across the globe have differing interpretations of digital sovereignty, with the third way which appropriately regulating multinational companies to further public interest while still championing civil liberties online and cross-border data flows with minimal restrictions.
  • India has been regarded as a crucial digital decider in this space, and its diplomacy will likely define this regime for years to come. 
  • Further, the European Union is perhaps shifting away from the US camp towards a third way.
• New Coalitions: India should also look to build new coalitions related to the storage of data. 
  • For instance, the Quadrilateral Security Dialogue provides an interesting prospect as Australia has already invested AU$500,000 to support the development of a Quad Tech Network that focuses on cybersecurity and sensitive technology issues, including AI. 
• Global AI Regulation: In 2020, India became a founding member of Global Partnership on Artificial Intelligence, a coalition set up to chart out rules of the road for the governance of artificial intelligence (AI). 
  • It comprises all G7 member countries, South Korea, Singapore, Slovenia, and the EU. 
• Adopting a Flexible Approach: India need not to follow an ‘all or nothing’ deal that forces it to adopt consensus-based rule-making on all issues of digital trade. Instead, India should push for the modular approach adopted by the Digital Economy Partnership Agreement (DEPA) between Singapore, Chile and New Zealand. 
• • DEPA members can decide on an assortment of modules they want to comply with. Such an arrangement could push towards the creation of a global legal architecture that is enforced incrementally.
• Promoting Alternative Indian Platforms like: 
  • Koo: Koo is an Indian microblogging and social networking platform launched with a focus on Indian languages and a government-friendly stance, as an alternative to X (formerly known as Twitter). 
  • BharatOS: A mobile operating system to challenge Google whose Android operating system (OS) dominates the country’s smartphone market. 
  • Open Network for Digital Commerce (ONDC): It displays products and services from member e-commerce platforms, and is touted as an alternative to Amazon and Walmart. 

Must Read: Global AI Summit London 2023 – Global Governance of Artificial Intelligence

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Context: The Ministry of Health and Family Welfare has asked all States and UT’s for data on the total count of single women (divorcees/widows) and unmarried women who have effectively utilized Assisted Reproductive Technology (ART). The aim is to evaluate the implementation of the ART Act, 2021.

Highlights of the Assisted Reproductive Technology (Regulations) Amendment Rules, 2023

• Fertility experts have welcomed the move for inclusion of single women/unmarried women as a category.
• The Ministry has also notified the Assisted Reproductive Technology (Regulations) Amendment Rules, 2023, under the Assisted Reproductive Technology (Regulation) Act, 2021 to provide donors and patients with better care. 
• The Health Ministry had also sought category-wise data of the total number of couples and single women who used surrogacy successfully following the implementation of the Surrogacy Act, 2021.
• The request to share the data of successful ART cases will give information related to the success rate of various ART clinics. 

What are Assisted Reproductive Technology (ART) Services?

• ART includes techniques for obtaining a pregnancy by handling the sperm or the oocyte (immature egg cell) outside the human body and transferring the gamete or the embryo into the reproductive system of a woman.  
• These include gamete donation (of sperm or egg), in vitro fertilization, and gestational surrogacy.  

About Assisted Reproductive Technology (Regulation) Act 2021 Or ART Act 2021

• About: Assisted Reproductive Technology (Regulation) Act was passed on December 20, 2021 to regulate the practice of ART clinics and ART banks in India.
• Objective: It deals with proper supervision, regulation, licensing, and ensuring good ethical practices in the rapidly evolving field of assisted reproduction.
• Significance: With the advent of in vitro fertilisation (IVF) technology, there has been a rise in ART clinics in the country necessitating the need for supervision and regulation to safeguard the rights of women seeking fertility treatment. 

Features of ART Act 2021

• Provision of ART services: ART services will be provided through ART clinics, which offer ART related treatments and procedures, and  ART banks, which collect, screen and store gametes.   
• Registration of ART clinics and banks: Under the act, a National Registry is to be maintained which acts as a central database with details of all ART clinics and banks in the country.  
  • The central and state governments have to appoint appropriate authorities to support registration related services.
• National and State Boards:  The National and State Boards constituted under the Surrogacy Act 2021 will also act as the National and State Boards for the regulation of ART services.  
• Registration of Clinics: The central government will appoint authorities called the Appropriate Assisted Reproductive Technology and Surrogacy Authority which will regulate the registration of clinics for both surrogacy and ART services. 
  • The Authorities will be constituted at national and state level.
• Eligibility Criteria for Commissioning Parties:  ART services may be commissioned by Single women or married couples where the woman is between 21 and 50 years of age, and the man is between 21 and 55 years and the married couples must be infertile.
  • Foreigners are not prohibited from availing ART services. 
• Eligibility Criteria for Donors:  A bank may obtain semen from males between 21 and 55 years of age, and eggs from females between 23 and 35 years of age.  
  • The woman may donate eggs only once in her life and not more than seven eggs may be retrieved from her.  
  • A bank must not supply gametes of a single donor to more than one commissioning party (i.e. couples or single women seeking services).
• Conditions for Offering Services: ART procedures must be conducted only with the written consent of the commissioning parties and the donor.  
  • Genetic disease screening:Clinics are required to check for genetic diseases before implantation and are prohibited from providing any sex-selective services (e.g. sex determination).
  • Insurance Coverage for donor: Parties seeking ART services have to provide insurance coverage in the favour of the oocyte donor (for any loss, damage, or death of the donor). 
• Rights of a child born through ART:  A child born through ART will be deemed to be a biological child of the commissioning couple and will be entitled to the rights and privileges available to a natural child of the commissioning couple.  
  • A donor will not have any parental rights over the child.
• Duties of ART Clinics and Banks:  ART clinics and banks have to share information related to enrolment of the commissioning parties and donors, procedures being undertaken, and outcome of the procedure, with the National Registry.  
  • The records of all donations have to be maintained for at least 10 years, after which the records must be transferred to the National Registry.   
• Regulating Surrogacy: The Act brings into its ambit the treatment of surrogacy and hence ensures protection of the rights of surrogate mothers. 

Challenges With ART Act 2021

• Concerns of Privacy Violation: The requirement of ART clinics and banks to share personal information of the donors and the commissioning parties with the National Registry risk the violation of their privacy rights.
• No provisions for Counselling for Donors: While the ART Act mandates ART clinics to offer counseling services to commissioning parties regarding the success probabilities of ART procedures, there is absence of provisions related to counseling for donors.
• Lack of consent for donors: Commissioning parties may withdraw consent before the embryo or gamete is transferred to the woman’s uterus. However,  donors have not been given similar rights to withdraw their consent. 
• Issue of Qualification of Professionals not Addressed: The Act does not address the issue of qualification, experience, and the desired skills of the professionals working in ART clinics and banks.
• No regulation of adoption:  Adoption is generally pursued by couples after unsuccessful fertility treatment. However, adoption remains unregulated in India.
• Challenges in Implementation: The registration process for the numerous ART clinics and ART banks operating in the country is challenging.
  • Ensuring compliance with all aspects of the Act, particularly the strict enforcement of fines and other penalties for non-compliance, is a formidable task for both national and state ART and surrogacy boards. 
  • Since health is a state subject, each state has to formulate context-specific rules suitable for their settings. 
• Difficulty in Finding Suitable Donors: The restrictions significantly limit the opportunities for ART couples to find suitable donors. 
  • India, much like the rest of the world, is facing a decrease in fertility rates and further limiting available donors has led to increased problems for commissioning parties.
• Concerns with International Surrogacy Contracts: Legal complications from the signing of surrogacy contracts between international couples and local women offering surrogacy services. 

Surrogacy Act 2021 Vs ART Act 2021

Must Read: Rights Of Women Vs. Rights Of The Unborn Child

Way Forward

• Protecting Privacy Rights:  As recommended by the Standing Committee, the personal data of patients and commissioning couples should be converted to a form  so as to maintain their confidentiality.
  • The data should be collected for a specific purpose and kept for the period required for that purpose. 
• Addressing International Surrogacy Contracts: There should have been a detailed provision addressing any disputes arising from surrogacy contracts. 
  • This becomes significant considering the involvement of many international couples from developed countries seeking surrogacy services in a developing country like India.
• Provision for Regulating Adoption: Regulation of adoption should need to be addressed alongside ART and surrogacy.

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