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Recently, the capacity building commission has launched the Young Scientists Induction Training programme in collaboration with the office of the principal scientific adviser (Office of PSA) at the Indian Institute of Management Visakhapatnam (IIM-V).  

What Is Young Scientists Induction Training Programme?

• Aim:  To enhance the skills of young scientists.
• It is a hybrid training module covering strategy, policy, system, soft skills, and societal relevance skills.

What Is  Capacity Building Commission (CBC)?

• The Capacity Building Commission (CBC) is a key component within the framework of the National Programme for Civil Services Capacity Building (NPCSCB), specifically the Mission Karmayogi initiative.

• Role Of Capacity Building Commission

  • To create Annual Capacity Building Plans for different departments, ministries, and agencies.
  • Oversee all Central Training Institutions that handle civil services capacity building.
  • Establishing rules for common mid-career training programs for all civil services.

• Independence and Structure

• • The CBC functions independently with complete executive authority.
  • It is made up of a three-member Commission, along with an internal Secretariat managed by a Secretary.

News Source: PIB

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For the year  2024 -25, the interim union budget has allocated Rs 1 crore to encourage the private sector to scale up research and innovation in sunrise industries. 

Centre Announces Rs 1 lakh Crore in Interest Free Loans for Private Sector Research

• The funding of Rs 1 crore will be created for fifty years through a loan with no interest. 
• In addition to this funding, a new scheme will be launched to increase capabilities of technological advancement in defence application.
• There is no explicit linkage between the corpus (announced in the budget) and the NRF, but it will obviously help the objectives of the National Research Foundation (NRF).

Contribution of Private Sector in R&D

• There are around  7888 R&D institutions in India according to the Directory of R&D Institutions 2021. 
  • Among these institutions, 66% were in the private sector. 
  • Though, Private sector is not fully developed, it has shown significant contribution in some specific areas such as 
    • Information Technology: These companies are focused on developing innovative solutions and are investing in AI, data analytics, etc. 
    • Biotechnology: The growth of biotechnology is at a very rapid rate due to its demand in various sectors such as textile, energy, medical, etc.
      • In 2023, this sector was valued around  92 billion U.S. dollars.
    • Pharmaceuticals: This sector has a larger domain in India due to which these companies are involved in new drug innovation and development. However, investment in this sector is still very low due to low spending on R&D in India. 

Challenges of Private Sector in R&D

• Inadequate Funding: It is a major problem in India. India spends around 0.7 % of GDP on R&D which is very low compared to global companies’ contribution.
• Lack of Infrastructure: In addition to the funding, infrastructure is also a major problem in India. There are few quality laboratories and research centers with requisite equipment. 
• Migration: Many talented individuals leave India and join international organizations due to which research and development calibr declines.  
  • The phenomenon of Emigration of the brightest minds to other countries is known as “brain drain”. 
• Lack of Proper Training and Education:  In India, students don’t get required equipment and training due to which they are incapable of using advanced technologies. 

Impact of Interest Free loans For Private Sector Research in India

Advantages Of Interest Free loans For Private Sector Research

• Financial Relief: 

  • The availability of interest-free loans will encourage more investment in research and development (R&D) , especially  long-term or risky projects. 
  • More R&D can speed up innovation in areas like healthcare, agriculture, and clean energy.

• Support for Startups:

  • Interest-free loans are great for new companies with good ideas but limited funding options.
  • It promotes a lively startup community focused on research and development.

• Research & Development (R&D) Centres:

  • Businesses concentrating on research and development can use the allocated funds to support revolutionary innovations.

• Education & Skill Development

• • Efforts focused on cultivating technology talent and skill development are vital in unlocking the potential benefits of this budgetary initiative.

Disadvantages Of Interest Free loans For Private Sector Research

• Inefficient Resource Allocation

  • Picking which projects get money is crucial. Poor decisions could favour big companies over new ones or fund projects with limited success.

• Distorted Research Priorities

• • If the loan program focuses too much on specific areas, it might take resources away from other important research.

• Profit Driven

  • Experts argue government decisions as private research is largely profit driven.

News Source: Downtoearth

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The foundation stone of Talabira Thermal Power Project of Neyveli Lignite Corporation India Limited was laid by the  Prime Minister in Sambalpur, Odisha

About Talabira Thermal Power Project

• Talabira Thermal Power Project Location: Sambalpur, Odisha
• Capacity: 2,400 MegaWatt 
• Budget: 27,000 crore rupees (approx)
• States share: Power Purchase Agreements have already secured the supply of 800 MW to Odisha, 1,500 MW to Tamil Nadu, 400 MW to Kerala, and 100 MW to Puducherry.

• Feature:

• • There will be a set up  of 3 x 800 MW Ultra Super Critical Thermal Power Plant through NLCIL. 
  • It is a  pit head power station that will be intricately linked to NLCIL’s captive coal blocks, Talabira II and III, ensuring sustainability.

Significance

• The plant will  ensure higher efficiency, reduced carbon footprint and an impressive 10 percent eco-friendly biomass co-firing initiative.

News source: news on Air

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Recently, the Interim Budget 2024-25 presented by the Union Finance Minister announced the expansion of the application of Nano DAP on various crops in all agro climatic zones.

What is Nano DAP?

• Launch: The Union Home Minister launched Indian Farmers Fertiliser Cooperative’s (IFFCO’s) Nano DAP in April 2023.
• Composition: 8% Nitrogen and 16% Phosphorus by volume. 
• Characteristic Features: 
  • In Liquid State: Unlike conventional DAP, which comes in granular form, IFFCO’s Nano DAP is in liquid form.

• • Smaller Size: Its particle size is less than 100 Nanometre (nm).
    • More Efficient: This tiny particle size makes Nano DAP more efficient and enables the fertilizer to enter easily inside the seed surface or through stomata and other plant openings. 
    • Higher Yield: Better assimilation of the fertilizer inside the plant system leads to “higher seed vigor, more chlorophyll, photosynthetic efficiency, better quality and increase in crop yields.”

Benefits of Nano DAP

• Efficiency: It is more efficient than conventional DAP.
• Affordability: It is more pocket-friendly  than conventional DAP. 
• Subsidy Relief: Since the government provides significant subsidies on DAP, the adoption of a more inexpensive fertilizer will likely be a significant relief to the government’s subsidy burden.
• Convenience: It is easier to transport, store, and use than conventional DAP. 
• Reduced Imports: India currently imports significant quantities of fertilizer to meet domestic demand but the adoption of domestically-produced Nano DAP (produced in Kalol, Gujarat- India’s 1st IFFCO’s Nano DAP (Liquid) plant) can  significantly reduce this import burden.
• Self-Reliance: The adoption of Nano DAP will help in achieving self-sufficiency in fertilizers and greatly benefit Indian farmers. 
• Agricultural Growth: The adoption of Nano DAP will help Indian agriculture forward in foodgrain production and agricultural growth and development.

Conclusion

The various significant benefits of Nano DAP underscores the necessity for its more adoption and expansion. The expansion of the application of Nano DAP on various crops in all agro climatic zones is a right and required step, however the need to strike a balance between technological advancements and environmental sustainability is must.

Also Read: 

• Efficacy Of Liquid Nano Urea
• Introduction Of Sulphur Coated Urea (Urea Gold)

News Source: The Indian Express 

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Recently, the Indian Navy thwarted two piracy attempts off the Somali coast within a span of 36 hours.

Red Sea and Gulf of Aden Under Threat: Houthi Attacks Escalate

• Hotspot: Waters off the west coast of Africa, Gulf of Aden, Horn of Africa, Bangladesh, and the Strait of Malacca have seen attacks by pirates in the recent years 
• Resurgence:  A rise in piracy attacks is witnessed with  the first successful case of Somali piracy since 2017 recorded in December 2023
  • Reason:  Israel-Hamas War: A  separate surge of attacks launched by Yemen’s Iran-backed Houthi rebels in the Red sea and Gulf of Aden against Israeli-linked vessels
  • Security gap: International naval forces have been diverted north from the Gulf of Aden into the Red Sea, creating a security gap in the region.

About Maritime Piracy

• Maritime Piracy is an umbrella term used to describe a range of crimes from petty theft from ships at sea or anchorage to armed robbery and hijacking of a ship for ransom.
• It  is as old as seafaring itself and is a maritime manifestation of instability and misgovernance on land.

• Impacts of Maritime Piracy

• • Maritime Piracy causes panic in maritime business and leads to the establishment of high-risk areas
  • It  increases maritime insurance premiums. 
  • It affects the safety of ships and seafarers
  • It disrupts global supply chains.

Maritime Piracy in Indian Ocean

• Peak:  As per  The International Chamber of Commerce International Maritime Bureau, which tracks piracy attacks globally, 
  • The total number of attacks in the Indian Ocean region attributed to Somali pirates peaked in 2011 with  237 recorded incidents with gunmen launching attacks as far as 3,655 kilometers (2,270 miles) from the Somali coast in the Indian Ocean.
  • But saw a drastic decline to 14 between 2015 and 2020 after international navies sent warships and commercial shipping deployed armed guards.

Indian Ocean As a Hotspot For Maritime Piracy

• Poor Policing:  The coastal countries have weak maritime forces, or none at all.
• Shipping choke points: The Indian Ocean has high concentrations of shipping traffic, being either choke points in shipping routes where ships are forced to converge or slow down by geography, or anchorages where ships remain stationary for days before entering port.
• Poor Law and Order situation: Poor governance or turmoil on land close to these areas leads to unemployment, poverty and consequently, crime.
• Jurisdictional ambiguities:  These areas are mostly international waters, international straits, or archipelagic waters which are long stretches of sea that fall within the maritime jurisdiction of several countries. 

Role of Indian Navy to Counter Maritime Piracy

• The Indian Navy has been among the most proactive forces deployed in the troubled area off the Horn of Africa and the Gulf of Aden with its anti- piracy starting from 2008.
• Maritime Intervention Operations (MIO): The Indian Navy has developed extremely high expertise in this niche area of naval operations using marine commandos in intervention operations. 
• Several recent intervention and rescue operations: 
• • Rescue  of a Sri Lankan fishing trawler, Lorenzo Putha, in a coordinated action with the Sri Lankan and Seychelles navies on January 29, 
  • Rescue  of two Iranian flagged boats with Iranian and Pakistani crew by the Offshore Patrol Vessel INS Sumitra within 36 hours 

Way Forward

• Coordination: Navies of different countries can coordinate and  use a common communication protocol, maintain presence, and share information to thwart piracy attempts.
• Warnings and escort service: Warnings and escort service  about suspect vessels and announcement of  escort schedules for merchant ships transiting the high-risk area can join shipping convoys between designated points.

News Source: The Indian Express

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Department for Promotion of Industry and Internal Trade (DPIIT) organizes nationwide ‘One District One Product Sampark’ events.

DPIIT Organising ‘ODOP Sampark’ Programme To Revive Indigenous Industries

• These events create awareness about the initiative and showcase success stories emerging from various districts across the nation.
• ‘One District One Product Sampark’ led by DPIIT in partnership with the Press Information Bureau (PIB) provides a dynamic space for real-time insights, addressing challenges, and exploring opportunities faced by rural-local industries, contributing to immediate growth and development.

What is One District One Product?

One District One Product: It is an initiative launched with the aim of unlocking the full potential of districts, fostering economic and socio-cultural growth, and generating employment, particularly in rural areas. 

• • The One District One Product (ODOP) concept originated in Japan as a strategy for regional development.
  • Examples : Zari Zardozi embroidery of Bhopal , Blue Pottery of Jaipur
• Nodal Ministry: Ministry of Commerce and Industry. 
• It is a centrally sponsored scheme shared by the Centre and states in 60:40 contributions.
• Objective : To transform each district in India into an export hub by promoting its specialized products. 
  • This involves scaling up manufacturing, supporting local businesses, identifying potential foreign customers, and aligning with the vision of ‘Atmanirbhar Bharat.’
• The One District One Product Initiative has identified 1102 products from 761 districts nationwide. 
• It aligns with the ‘Districts as Exports Hub’ initiative led by the Directorate General of Foreign Trade (DGFT), Department of Commerce.

Significance Of One District One Product  

• Promotion of Traditional Expertise By Identifying a specific product or industry in which a district can excel, leveraging factors such as local resources, traditional skills, historical significance, or existing infrastructure. 
• Enhancement of Cultural Heritage: Promotion of Industries integral to a district’s cultural identity. It will help in safeguarding cultural heritage and ensures the transmission of traditional skills across generations by preserving and revitalizing these crafts. 
• Product Diversification: One District One Product aims to mitigate vulnerability arising from dependence on a limited number of industries by encouraging a diverse range of products across districts.
• Boost to Inclusive Growth : By involving marginalized communities, women, and artisans through skill development, training, and entrepreneurship will enhance economic activities, reducing disparities and fostering social equity.
• Sustainability : One District One Product prioritizes sustainability by leveraging local resources and expertise, aligning with principles of environmental conservation and responsible resource utilization. 
• Promotion of Exports : By prioritizing the improvement of quality, branding, and marketing for products unique to each district, One District One Product has the potential to boost export levels. 
• Supply Chain Improvement Right from upgrading production techniques, improving product quality, developing branding and marketing strategies, and establishing efficient distribution networks.

Way Forward

• Promotion of Infrastructure Development for FPOs, SHGs,micro enterprises.
• Capacity Building: Schemes like PM Vishwakarma which aims to elevate Indian crafts & skills among local artisans  globally through systematic growth and recognition. 
• Integration with E-commerce platform: For improved outreach, product design, and manufacturing, expanding into new markets. 

Conclusion

In the era of globalization, initiatives such as One District One Product prove beneficial for local sectors grappling with challenges like credit access, high institutional credit costs, technology gaps, supply chain integration issues, and safety compliance. Reinforcing these aspects through One District One Product not only minimizes waste and generates employment but also aligns with the government’s objective of doubling income for farmers and local artisans.

News Source: PIB

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According to the latest global burden estimates by the World Health Organization (WHO), in 2022, India witnessed over 14.1 lakh new cancer cases and recorded more than 9.1 lakh deaths attributed to the disease. 

Cancer Burden In India: WHO Estimates

• According to the Report Cancer Prevalence among Men were majorly affecting the lip, oral cavity, and lungs, comprising 15.6% and 8.5% of the new cases, respectively. 
• While among women, breast and cervical cancers were the most frequent, accounting for approximately 27% and 18% of the new cases, respectively. 
• WHO also published survey results from 115 countries, showing a majority of countries do not adequately finance priority cancer and palliative care services, as part of universal health coverage (UHC).

Major Findings of WHO On Cancer Burden In India & World

• Cancer Burden In India: In 2022, nearly 32.6 lakh people in India survived within 5 years of a cancer diagnosis.
  • The risk of developing cancer before 75 was 10.6%, and the risk of death from cancer by the same age was 7.2%.
• Cancer Burden Globally: It estimated around 2 crore new cancer cases and 97 lakh deaths, with about 5.3 crore people surviving 5 years post-diagnosis. 
  • Cancer Incidence: 1 in 5 people worldwide develops cancer in their lifetime, and 1 in 9 men and 1 in 12 women die from the disease. 
  • Cancer management Scenario: Only 39% of surveyed countries covered cancer management in their core health services, and 28% covered palliative care.
  • Most Common Type of Cancer: Lung cancer cause of global cancer deaths (19%). Breast cancer in women is 7% of global cancer deaths. 
    • Cervical cancer was the eighth most common globally.
  • Highest age-standardized rate of cancer deaths: Europe (82 per 1 lakh people).
  • Highest risk of developing cancer before 75 (38%) : Oceania 
  • Highest death risk from cancer (11.5%) : Europe 

What is Cancer ?

• Cancer is a disease of the genome which is caused by changes in genes that cause some cells to divide in an uncontrolled way through a process known as metastasis. 
  • Metastasis is the movement or spreading of cancer cells from one organ or tissue to another.
• Treatment varies based on cancer type and includes surgery, radiotherapy, and systemic therapy and Palliative care.

Cause of Cancer

Cancer arises from the transformation of normal cells into tumor cells in a multi-stage process which are the result of the interaction between a person’s genetic factors and three categories of external agents, including: 

• Physical carcinogens, such as ultraviolet and ionizing radiation; 
• Chemical carcinogens, such as asbestos, components of tobacco smoke, alcohol, aflatoxin (a food contaminant), and arsenic (a drinking water contaminant); and
• Biological carcinogens, such as infections from certain viruses, bacteria, or parasites. 

Prevention From Cancer 

• Maintaining a healthy body weight, incorporating fruits and vegetables into the diet, and engaging in regular physical activity are effective preventive actions. 
• Limiting or abstaining from alcohol consumption is another means of lowering cancer risk. 
• For those recommended, vaccination against HPV and hepatitis B is advised. 
• Avoiding exposure to ultraviolet radiation, from the sun or artificial tanning devices.
• Ensuring the safe use of radiation in healthcare, both for diagnostic and therapeutic purposes, is crucial. 
• Occupational exposure to ionizing radiation should be minimized. 
• Individuals should limit exposure to outdoor and indoor air pollution, including the radioactive gas radon, which can accumulate in buildings.

Government Initiative for Preventing & Reducing Cancer Burden in India 

• The National Cancer Grid is another significant effort aimed at coordinating cancer care and research across the country. 
• The National Tobacco Control Programme focuses on raising awareness about the harmful effects of tobacco, aiming to decrease both demand and supply of tobacco products. 
• The Rashtriya Arogya Nidhi (RAN) was initiated to address the financial requirements associated with cancer treatment.
•  The government also supports the HPV vaccine program as a preventive measure against cervical cancer.
• FSSAI‘s new labeling regulations target cancer-causing chemicals in food, promoting inter-sectoral action. 

Global Efforts to Reduce Cancer Burden

WHO Global Action Plan for the Prevention and Control of NCDs 2013–2020 provides a road map.
Observance of World Cancer Day on 4th February.
Focusing on Scientific Research for the treatment of various types of cancer.

Way Forward to Reduce Cancer Burden In India

• Risk Reduction: About 50%-60% of cancer cases can be prevented by managing known risk factors. 
  • Behavior promotion can mitigate factors like tobacco use (27% of cases), alcohol, poor diet, low physical activity, obesity, and pollution. 
• Awareness Generation: A multisectoral approach involving government, private practitioners, and civil society is vital for enhancing health literacy on cancer. 
• Promotion of Health Infrastructure: Strengthening health systems is crucial for better access to screening, early detection, and timely, affordable treatment. 
• Focus on Scientific Research & Data-Driven Policies: Designating cancer as a notifiable disease could enhance research by providing access to accurate data for informed policy decisions.

Also Read:

• Bio-Imaging Bank
• ImmunoACT’s NexCAR19 CAR T Cell Therapy

News Source: ET

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This article is based on the news “Interim budget mentions blue economy 2.0: What this means” which was published in the Indian Express. Recently, the Interim Budget 2024-25 presented by the Union Finance Minister stressed on environment-friendly development through the promotion of “blue economy 2.0”.

Blue Economy & Responsible AI in Focus at G20

• India, as the host of the G20 summit, prioritised blue economy discussions.
• The Comptroller & Auditor General of India chaired the Engagement Group for Supreme Audit Institutions (SAls) of the member countries in June 2023, wherein two priorities were blue economy and responsible Artificial Intelligence.

What is Blue Economy?

• The Concept of Blue Economy was introduced by Gunter Pauli in his 2010 book- “The Blue Economy: 10 years, 100 innovations, 100 million jobs”.
• Blue Economy Meaning: As per the World Bank, the blue economy is the “sustainable use of ocean resources for economic growth, improved livelihoods, and jobs while preserving the health of the ocean ecosystem”.

Interim Budget on Blue Economy 2.0

• Restoration and Adaptation: A scheme for restoration and adaptation measures, and coastal aquaculture and mariculture with integrated and multi-sectoral approach will be launched.
• Integrated Aqua Parks: The setting up of five integrated aqua parks is also announced.
• Pradhan Mantri Matsya Sampada Yojana (PMMSY): PMMSY would be enhanced to double the exports to Rs 1 lakh crore and generate 55 lakh employment opportunities.

India’s Blue Economy Policy 

• A draft blue economy policy India on India’s Blue Economy was first released in July 2022. 
• Focus Areas: Manufacturing, Emerging Industries, Trade, Technology, Services and Skill Development, Logistics, Infrastructure and Shipping, Coastal and Deep-Sea Mining and Offshore Energy and Security, Strategic Dimensions and International Engagement.
• Recommendations: It contained key recommendations on National Accounting Framework for Blue Economy and Ocean Governance, Coastal Marine Spatial Planning and Tourism Priority, Marine Fisheries, Aquaculture and Fish Processing. 

Steps Taken By India for Blue Economy

• Deep Ocean Mission: It was launched by the Ministry of Earth Sciences to boost India’s maritime infrastructure and harness the living and non-living resources from the deep-oceans.
• Blue Economy Vision 2025: Harnessing Business Potential for India Inc and International Partners is a pioneering effort by FICCI to sensitise about the growing global and regional emphasis on sustainability of harnessing the ocean resources.
• National Fisheries Policy of India: It focuses on sustainable utilisation of fisheries wealth from marine and other aquatic resources.
• Sagarmala Project: It is the strategic initiative for port-led development through the extensive use of IT enabled services for modernization of ports.
• O-SMART: It aims at regulated use of oceans, marine resources for sustainable development.
• Integrated Coastal Zone Management: It focuses on conservation of coastal and marine resources, and improving livelihood opportunities for coastal communities etc.
• India-Norway Task Force on Blue Economy for Sustainable Development: In 2020, both countries inaugurated it to develop and follow up joint initiatives.

Significance of India’s Blue Economy

• Highly Profitable: According to research commissioned by the high-level panel for a sustainable ocean economy, USD1 invested in key ocean activities yields five times return, often more.
• India’s blue economy supports 95% of the country’s business through transportation and contributes an estimated 4% to its Gross Domestic Product.
• Achievement to SDG: It supports all of the United Nations’ Sustainable Development Goals (SDGs), especially SDG14 ‘life below water’.
• Sustainable Energy: Supporting the increasing demand for renewable energy, offshore regions have tremendous potential in the form of offshore wind, waves and ocean currents.

Challenges for India’s Blue Economy

• Fragmented Fishing Industry with lack of access to credit and modern technology hinders blue economy growth.
• Climate Change and Natural Disasters pose significant threats such as sea-level rise, increased ocean acidity, etc.
• Waste and Pollution such as marine litter, chemical pollutants, and untreated sewage.
• Invasive species through oil spills can disrupt marine ecosystems and negatively impact indigenous species and industries.
• Congestion in Ports due to inadequate maintenance infrastructure, inefficient operations, and high cargo volumes, leading to delays and increased costs.

Conclusion

With India’s vast maritime interests, the blue economy holds a significant position in India’s economic growth, employment generation, equity and protection of environment. It is the right time to achieve the best of its potential while maintaining the sustainability of the marine environment.

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This article is based on the news “Law Commission recommends retaining criminal defamation ‘within the scheme of criminal laws” which was published in the Hindu. Recently, the 22nd Law Commission of India has submitted its report number 285 titled “The Law of Criminal Defamation” to the Government of India.

Law Commission Report On Law of Criminal Defamation: Key Highlights

• Examination of Issues: The Law Commission received a reference from the Ministry of Law & Justice in 2017, requesting the Commission to examine various issues relating to the Defamation laws and make recommendations thereon.
• Review of Impact of Criminal Defamation: A request was made highlighting the need for a review related to the impact of the law of criminal defamation on the freedom of speech and expression. 
  • The reference suggested a need to reform the law on defamation, stating that existing laws neither serve the interests of the aggrieved person nor the principle of free speech.
• Law Commission Report On Criminal Defamation: The 22d Law Commission decided to take up this issue and review the law relating to criminal defamation in light of the existing criminal laws, including the Bharatiya Nyaya Sanhita, 2023 and the Bharatiya Nagarik Suraksha Sanhita, 2023, as well as the judgments concerning the subject matter, released its report.

What is Defamation?

• Defamation: It is the communication of a false statement that harms the reputation of an individual person, business, product, group, government, religion, or nation.
• Defamation Law: It professes to protect personal character and public institutions from destructive attacks, without sacrificing freedom of thought and the benefit of public discussion.
• Categorisation of Defamation Laws in India: In India, defamation is an offence under both the civil and criminal law.
  • Civil defamation law in India: Defamation is punishable under the Law of Torts by imposing punishment in the form of damages to be awarded to the claimant. 
    • A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits a tortious act.
  • Criminal defamation law in India: Defamation is a bailable, non-cognizable and compoundable offence. 

• Defamation Laws in India

• • Bharatiya Nyaya Sanhita, 2023 (BNS): The offence of defamation carries a simple imprisonment of up to two years or a fine, or both or with community service.
    • Section 354 of the BNS defines defamation and corresponds to Section 499 of the IPC.
  • Indian Penal Code (IPC): The offence of defamation carries a punishment of simple imprisonment of up to 2 years or a fine or both. The law of criminal defamation is enumerated in Sections 499, 500, 501 and 502 of the IPC, 1860.
  • Information Technology (IT) Act, 2000: All defamation related criminal and civil laws are applicable to defamation done by use of social media under the IT Act, 2000.

Need for Criminal Defamation Laws

• Balancing Constitutional Values: The need for a legal provision addressing criminal defamation arises from the essential task of balancing the constitutional values:
  • In a democratic society, the right to free speech and expression is revered as a foundational tenet. 
  • Further, the protection of individual reputations is a fundamental facet of human dignity. 
• Stronger Deterrent Effect: Compared to possible monetary damages in civil lawsuits, criminal punishment, such as fines or imprisonment, have a greater deterrent effect against intentional and destructive defamation. 
• Public Interest in Protecting Reputation: A person’s reputation and general well-being can be seriously impacted by defamation. Criminal prosecution conveys a message stating that such injury is not acceptable and acknowledges the public interest in protection of reputation.
• Protecting Vulnerable Groups: Criminal laws pertaining to defamation can provide important safeguards against discrimination and hate speech directed towards marginalized communities or minorities, among other vulnerable groups. 
• International Practice: The international human rights treaties have emphasised on the right to reputation. 
• • Article 12 of the Universal Declaration on Human Rights, 1948, stipulates that no one shall be subjected to attack on his honour and reputation.
  • International Covenant on Civil and Political Rights (ICCPR), to which India is a signatory, recognises reputation of an individual as a restriction upon the right of expression. 

Issues Relating to Defamation Law in India

• Right to Free Speech vs Right to Reputation: The law of defamation has been described as ‘a tale of two interests.’ In the first, the right holders possess the constitutional right of ‘free speech‘, and on the other end, lies the crucial right to reputation. 
• Criminalization of Defamation: It remains a topic of debate, with some advocating for a shift towards civil remedies to address reputational harm while others emphasising on maintaining the stringent protection against one’s reputation.
• Colonial Legacy: Criminal defamation traces its origin from the colonial era and is in conflict with the democratic values and free speech as enshrined under Article l9(1)(a) of the Constitution of India.
• Constitutional Validity of Restrictions: The offence of defamation seeks to protect the reputation of an individual. It is held in a series of judgments, the right to reputation is an integral part of the right to life and liberty under Article 21. 
• • The issue does not require the prevalence of a particular right, rather it evaluates whether one’s right of unrestricted speech encroaches upon another’s right to reputation.
• Misuse and Harassment: There have been instances where defamation cases have been filed against journalists, activists, and whistleblowers to silence them or deter them from exposing wrongdoing.

• • Further, Right to Information (RTI) could involve filing malicious requests to tarnish someone’s reputation.

Way Forward

• Recommendation of the Law Commission: 22nd Law Commission of India recommended that criminal defamation be retained within the scheme of criminal laws in the country. 
  • In its report on the law on criminal defamation, the commission said that the right to reputation flows from Article 21 of the Constitution, and being a facet of right to life and personal liberty, it needs to be “adequately protected” against defamatory speech and imputation.
• Balancing of Fundamental Rights by Courts: The argument of giving more weight to a particular right does not stand tall. Thus, balancing of the two fundamental rights is done in order to give a harmonious construction to both. 
• • For instance, in the case of Ram Jethmalani v. Union of India, the court held that the rights of citizens to effectively seek the protection of fundamental rights under Article 32 have to be balanced against the rights of citizens and persons under Article 21.
  • Further, the Bharatiya Nyaya Sanhita, 2023 has added a provision of community service as an additional punishment. This law itself gives a balancing approach.
• Principles of Proportionality: As long as the law satisfies the principles of proportionality, it is deemed to be falling within the permissible limits for violating the constitutional right.
  • The Indian Supreme Court in K.S. Puttaswamy v. Union of India, has laid down the test for proportionality: 
    • The action must be sanctioned by law. 
    • The proposed action must be necessary in a democratic society for a legitimate aim. 
    • The extent of such interference must be proportionate to the need for such interference. 
    • There must be procedural guarantees against abuse of such interference. 
• Prevent Misuse: Preventing the misuse of criminal defamation, with its potential to cover dissent and restrain free expression, is important to ensure democracy. 
  • When criminal defamation provisions are exploited as tools to silence individuals, journalists, or critics, it not only hampers the free flow of information but also impedes the democratic principles of accountability and transparency.
  • For example, the Supreme Court, in Vijaykant v. City Public Prosecutor remarked that defamation cases should not be used as a political counter weapon against critics of the government. 
• Following Principle of Mediating Maxims: The political theorist, Joel Feinberg, in his principle of “mediating maxims” stated that the need to prevent harm (private or public) to parties other than the actor is always an appropriate reason for legal coercion.

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