Context:

The Gujarat High Court has dismissed an opposition leader’s plea seeking a stay on his conviction in a criminal defamation case in which he has been sentenced to two years in prison.

 More on News:

• The Single Judge of the Gujarat High Court has held that the ‘Modi’ community or surname is a “well-defined identifiable and suable class”. 
• Justice Hemant Prachchhak outlined that said the opposition leader’s offence is all the more serious because his “thief” remarks affected a large section of society and not just the Prime Minister.

About Defamation:

• Defamation is the communication of a false statement that harms the reputation of an individual person, business, product, group, government, religion, or nation.

Defamation Law in India:

• In India, defamation is categorised as either criminal or civil, and both types are covered by the Indian Penal Code (IPC) and the Code of Civil Procedure (CPC).
• Defamation is an offence under both the civil and criminal law. 
• In Civil law, defamation is punishable under the Law of Torts by imposing punishment in the form of damages to be awarded to the claimant. 
• Under the Criminal law, Defamation is a bailable, non-cognizable offence and compoundable offences. The Indian Penal Code punishes the offence with a simple imprisonment up to two years, or with fine, or both.

Image Credits: Times of India

Constitutional Provisions:

• Article 19(2) has imposed reasonable exemption to freedom of speech and expression granted under Article 19(1) (a). Contempt of court, defamation and incitement to an offence are some exceptions.

Fundamental Rights vis-i-vis Defamation:

• It is often argued that defamation laws are a violation of fundamental rights guaranteed under Article 19 of the constitution. 
• The Supreme Court has ruled that the criminal provisions of defamation are constitutionally valid and are not in conflict with the right to free speech. 
• The court also held that the freedom of speech and expression is “absolutely sacrosanct” and is not absolute. 
• The right to life under Article 21 shall also include the right to reputation of a person and cannot be allowed to crucify by other’s right of free speech.

Defamation Laws around the World:

• Japan: Japan’s  laws allow both criminal and civil prosecution in defamation cases. Those convicted face a year in prison with an option of forced labour and a fine up to 300,000 yen.
• New Zealand: In New Zealand, criminal defamation was abolished in 1993. 
• USA: Defamation is not a criminal offence at the federal level, the American Civil Liberties Union notes that 24 states still retain criminal defamation provisions. 
• Europe: The Organisation for Security and Co-operation in Europe said in 2017 that three-fourths of member states have criminal provisions against defamation despite recommendations by international rights bodies.

Legal Provisions of Defamation:

• Section 499 of the Indian Penal Code (IPC): It states defamation could be through words, spoken or intended to be read, through signs, and also through visible representations.
  • Explanation 2 to Section 499 of the Indian Penal Code provides that criminal defamation extends to a “collection of persons”.
• Exceptions under Section 499: These include “imputation of truth” which is required for the “public good” and thus has to be published, on the public conduct of government officials, the conduct of any person touching any public question and merits of the public performance.
• Punishment under Section 500 of IPC: “Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.”

What is the procedural requirement for filing a criminal defamation case and how is the law set into motion?

• Criminal defamation provisions are read in conjunction with the procedural requirements laid down in the Code of Criminal Procedure (CrPC). 
• The offence has been categorised as non-cognisable and bailable and hence a mere filing of a police complaint by an aggrieved person does not entail arrest of an alleged offender. 
• Therefore, a complaint is more often than not filed before a magistrate, seeking prosecution of alleged offenders and their arrest. 
• The complainant needs to record his statement to convince the magistrate that the case warrants summons to the accused and their arrest. 
• Once summoned, the prosecution is set into motion and at this stage, it becomes imperative for the accused to move for bail before the magistrate. 
• If the complainant succeeds in establishing a prima facie case, the trial proceeds, otherwise the accused are discharged without being sent for a full-fledged trial.

Controversies around Defamation:

• Freedom of Expression: The Broad interpretation of defamation laws and the potential for abuse can have a chilling effect on individuals and media organisations, limiting their ability to express opinions or report on matters of public interest.
• Criminalising Defamation:  Critics argue that criminalising defamation is excessive and that civil remedies should be sufficient to address defamation claims.
• 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.

Attempt to Decriminalise Defamation:              

Protection of Speech and Reputation Bill, 2016:

• Tathagata Satpathy, a member of Parliament belonging to the Biju Janata Dal, drafted a private member’s Bill entitled “The Protection of Speech and Reputation Bill, 2016”.
• Objective: To decriminalise defamation and remove the “chilling effect” of old provisions that throttle free speech and encourage censorship.
• The Bill seeks to remove the criminal provisions while guarding the right to reputation with stronger, more effective remedies for civil relief, including apologies, corrections and retractions, and the award of reasonable damages.

Arguments in Favour of Decriminalizing Defamation:

• Freedom of Expression: It allows individuals to freely express their opinions and engage in robust public debate without the fear of criminal prosecution.
• Proportionate Response: Criminal sanctions, such as imprisonment, are considered excessive and may have a chilling effect on free speech.
• Deterrent Effect: The threat of criminal prosecution can deter individuals from expressing their opinions or criticising public figures or institutions. 
• Reduced Burden on Legal System: Criminal defamation cases often burden the already overloaded judicial system. 

Arguments against Decriminalizing Defamation:

• Protecting Reputation: Criminalising defamation holds individuals accountable for making false and damaging statements.
• Deterring Fake News: Criminal sanctions for defamation can act as a deterrent against spreading false information or malicious rumours. 
• Protecting Vulnerable Individuals: Criminal defamation acts as a safeguard against the potential misuse of free speech to harm the reputation of individuals who may be less able to defend themselves.
• Upholding Social Order: Criminal defamation laws contribute to maintaining social order by discouraging false and damaging statements that can lead to public unrest, enmity, or defamation of character.

Supreme Court’s Directives:

• In the Subramanian Swamy vs Union of India Case: The Supreme Court said that the fundamental right to freedom of speech and expression must be balanced against the right to reputation. 
• The Court also stated that the offence of criminal defamation does not violate freedom of speech and expression under Article 19 (1) (a) of the Constitution and is a proportionate or reasonable restriction as per the law laid down in Article 19 (2).
• The Court also said that while the right to free speech and dissent exist in a democracy, it cannot mean that a citizen can defame another as protection of reputation is a fundamental right as well as a human right.

Way Forward:

• Balancing Privacy and Public Interest: It is important to strike a balance between an individual’s right to privacy and the public’s right to know. 
• Reviewing Punitive Measures: It is important to examine the amount of punitive damages awarded in defamation cases to avoid imposing excessive penalties that may discourage individuals from freely expressing their opinions.
• Prevent Misuse of  Law: The State should act as a parent of all its citizens when it comes to the invocation of the law of defamation and laws cannot be misused by using the State as a tool to settle personal adversaries.

News Source: the Hindu

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Context: 

The United States has decided to send cluster munitions to Ukraine to help its military push back Russian forces.

About Cluster Munition:

• Cluster munition is a bomb that opens in the air and releases smaller “bomblets” across a wide area. 
• The bomblets are designed to destroy tanks and equipment, as well as troops, hitting multiple targets at the same time. 
• Cluster munitions have had a high dud rate.
  • Dud Rate: It means that thousands of the smaller unexploded bomblets can remain unexploded and can kill and maim people decades later.
• Range: Strike targets 15 to 20 miles (24 to 32 kilometers) away.

The utilization of cluster munitions presents several critical issues:

1. Civilian Casualties: These weapons can cause harm to civilians, including children who may not be aware of the dangers associated with unexploded bomblets.
2. Environmental Impact: Cluster munitions can contaminate land for prolonged periods.
3. Indiscriminate Nature: These weapons lack precision targeting, making them indiscriminate and increasing the risk of harm to civilians.

News Source: Indian Express

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Context: 

The scientific test experiment of hydrogen powered buses will be done  between Delhi and Faridabad.

About Hydrogen Fuel Cell:

• A hydrogen fuel cell is an electrochemical cell that converts the chemical energy of hydrogen into electricity. 
• The cell consists of a positive anode and a negative cathode and it uses electrolysis to generate electricity. 
• The fuel cell’s core is made of solid or liquid electrolyte to aide the process.

Advantages of Hydrogen Fuel Cell:

• Higher efficiency: Hydrogen-powered fuel cells have two or three times the efficiency of traditional combustion technologies.
• Fuel Abundance: It is a basic earth element and is available in abundance.
• Clean fuel: When it burns, it doesn’t emit harmful substances. The only by-product or emission from the usage of hydrogen fuel is water. It makes this fuel 100% clean.
• Environmentally Friendly: It is a non-toxic substance which is rare for a fuel source.
• Renewable source: Hydrogen can be produced again and again, unlike other non-renewable sources of energy.
• No recharging needed: Fuel cells work like batteries but, unlike batteries, they will not run down or need recharging and can continue to produce electricity while the fuel source (in this case, hydrogen) is supplied.
• No moving parts: Being comprised of an anode, cathode and an electrolyte membrane, there are no moving parts in a fuel cell, making them silent in operation and highly reliable.

Challenges Associated:

• Cost: The cost of fuel cells can be high given the use of platinum as one of the largest component materials. There is work underway to find non-platinum catalyst approaches.
• Hydrogen Extraction: The extraction of hydrogen for use in fuel cells can take a lot of energy to achieve, undermining the green benefits of fuel cell use
• Infrastructure: There is a need to create the infrastructure to support the growth in fuel cell use, including retrofitting vehicles.
• Safety: The flammable nature of hydrogen poses evident safety concerns for its widespread use.
• Fuel Storage: Hydrogen’s energy content by volume is low. This makes storing hydrogen a challenge because it requires high pressures, low temperatures, or chemical processes to be stored compactly.

Applications: 

• Stationary fuel cells can be utilised as a backup source of power, power for remote locations, distributed power generation and co-generation.
• Fuel cells have the capacity to power any portable application that uses batteries – from hand-held devices to portable generators.
• Fuel cells power transportation such as personal vehicles, trucks, buses and marine vessels; it can also provide auxiliary power to traditional transportation technologies.

News Source: The Hindu

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Context: 

The Ministry of Education has released the report on Performance Grading Index (PGI) 2.0 for states/UTs.

About Performance Grading Index:

• Devised by: Department of School Education and Literacy, Ministry of Education
• Aim: To assess the performance of the school education system at the state/UT level by creating an index for comprehensive analysis.
• First released: for the year 2017-18 

PGI 2.0

• The new PGI structure covers 73 indicators, focused more on qualitative assessment besides including digital initiatives and teacher education.
• Aim: 
  1. To propel States & UTs towards undertaking multi-pronged interventions that will bring about the much-desired optimal education outcomes covering all dimensions.
  2. To help States and UTs to pinpoint the gaps and accordingly prioritise areas for intervention to ensure robust school education systems at every level.
• Categories of Indicators: Outcomes, Governance Management
• Indicators of PGI 2.0 have been aligned to policy initiatives and interventions introduced post implementation of National Education policy (NEP) 2020.
• Domain wise division of categories: 
  1. Learning Outcomes
  2. Access
  3. Infrastructure & Facilities
  4. Equity
  5. Governance Process
  6. Teachers Education and Training
• Grades: 
  1. The PGI 2.0 for 2021-22 classified states/UTs into ten grades.
  2. The highest achievable grade is ‘Daksh’, which is for state/UT scoring more than 940 points out of a total of 1,000 points. 
  3. The lowest grade is ‘Akanshi-3′, which is for a score up to 460.  
  4. Other grades: Utkarsh, Atti-Uttam, Uttam, Prachesta 1, Prachesta 2, Prachesta 3, Akanshi 1, Akanshi 2, Akanshi 3.
  5. The grades/levels obtained by States/UTs in previous editions of the PGIs are not comparable as with the grades/levels obtained by States/UTs in this new edition.

Key Findings: 

• None of the states/UTs could achieve the top five grades in the overall category. 
• Only two states/UTs, namely Punjab and Chandigarh have attained Grade Prachesta -2 (score 641-700)
• Six states/UTs joined Grade Prachesta – 3 (score 581-640)
• 13 states/UTs joined Grade Akanshi -1 (score 521-580)
• 12 states/UTs attained Grade Akanshi – 2 (score 461-520)
• Three states got Grade Akanshi – 3.

News Source: pib

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Context: 

An executive magistrate in Srinagar has sent 11 men to jail after they were detained for allegedly not rising for the National Anthem.

Prevention of Insults to National Honour Act, 1971:

• The law was enacted on December 23, 1971. 
• It penalises the desecration of or any insult to the national symbols like National Flag, National Anthem, Indian Map as well as the contempt of the Constitution of India. 
• Section 3 of the Act prescribes jail up to three years and/ or a fine for intentionally preventing the singing of the National Anthem or causing disturbance to any assembly engaged in such singing.

Related Judgments of Supreme Court:

Bijoe Emmanuel vs State Of Kerala case, 1986

• The court granted protection to three children belonging to the millenarian Christian sect Jehovah’s Witnesses, who did not join in the singing of the National Anthem at their school. 
• The court held that forcing them to sing the Anthem violated their fundamental right to religion under Article 25 of the Constitution.
• The Supreme Court said that Article 25 was incorporated in recognition of the principle that the real test of a true democracy is the ability of even an insignificant minority to find its identity under the country’s Constitution.
• Standing up respectfully when the National Anthem is sung but not singing oneself does not either prevent the singing of the National Anthem or cause disturbance to an assembly engaged in such singing so as to constitute the offence under the Prevention of Insults to National Honour Act.

Shyam Narayan Chouksey vs Union of India 2016

• The Supreme Court passed an interim order that: 
  • All the cinema halls in India shall play the National Anthem before the feature film starts.
  • All present in the hall are obliged to stand up to show respect to the National Anthem.
• However, in its final judgement in the case passed on in 2018, the court modified its 2016 interim order.
• It said that the order passed in 2016 is modified to the extent that playing of the National Anthem prior to the screening of feature films in cinema halls is not mandatory, but optional or directory.

News Source: Indian Express

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Context: 

The 2023 Global Peace Index (GPI) recently released its annual ranking of the most peaceful countries in the world.

About Global Peace Index:

• The GPI ranked 163 independent states and territories according to their level of peacefulness. 
• Released by: Institute for Economics and Peace (IEP)
• Measurement Domains:
  • Societal safety and security
  • Ongoing domestic and international conflict
  • Militarisation

Key Findings

Global Trends:

• The average level of global peacefulness deteriorated by 0.42 per cent. 
• Over the last 15 years, the world has become less peaceful, with the average country score deteriorating by five per cent.
• Top 5 Peaceful Countries: 
  • Iceland is the most peaceful country in the world since 2008. 
  • It is accompanied at the top by Denmark, Ireland, New Zealand, and Austria.
• Bottom 5 Peaceful Countries: 
  • Afghanistan is the least peaceful country in the world for the eighth consecutive year. 
  • It is followed by Yemen, Syria, South Sudan, and the Democratic Republic of the Congo.

India:

• India has occupied the 126th spot in the rankings.
• India experienced an improvement of 3.5 per cent in overall peacefulness over the past year, owing to improvements in violent crime, neighbouring countries’ relations, and political instability.
• Reduction in geopolitical tensions with China owing to the decrease in border incidents, less social unrest more generally, led to an improvement in the political instability indicator in India.

News Source: Indian Express

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Context: 

Recently, a 15-year-old boy in Kerala’s Alappuzha district died due to a rare infection caused by Naegleria fowleri or “brain-eating amoeba”.

Image Source: The Indian Express

About Naegleria fowleri:

• Naegleria fowleri, commonly known as “brain-eating amoeba,” is a single-cell organism.
• It is found in warm freshwater environments such as lakes, hot springs and swimming pool.
• It is so small that it can only be seen with a microscope. 
• Only one species of Naegleria, Naegleria fowleri, infects people.
• Spread: 
  • The amoeba enters the body through the nose and travels to the brain, leading to a severe and usually fatal brain infection known as primary amebic meningoencephalitis (PAM).
  • It does not spread from person to person.
• Prevention Measures for Swimmers
  • Avoiding warm freshwater bodies with inadequate chlorination
  • Using nose clips during water-related activities
  • Using sterile water for nasal cleansing rituals
  • Maintain clean swimming pools and practice proper hygiene
• Symptoms: Severe headache, fever, nausea, vomiting, stiff neck, confusion, seizures, hallucinations
• Death Rate: 97%
• Treatment: US-based Centers for Disease Control (CDC) recommends treatment with a combination of drugs, often including amphotericin B, azithromycin, fluconazole, rifampin, miltefosine, and dexamethasone. 

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Context: 

The Department of Administrative Reforms & Public Grievances (DAPRG)  has launched the third edition of the NeSDA framework.

• It has earlier released two editions of NeSDA study in 2019 and 2021.

About National e-Governance Service Delivery Assessment (NeSDA) Framework:

• Objective: To measure the depth and effectiveness of existing e-Governance service delivery mechanisms from the citizen’s perspective. 
• NeSDA framework has been based on the Online Service Index (OSI) of UN eGovernment Survey.
  • It has been customized for the Indian federal structure and the e-Governance landscape of the sates and Union Territories (UTs).
• DARPG undertakes NeSDA study biennially. 
• The study assesses States, Union Territories (UTs), and focus Central Ministries on the effectiveness of e-Governance service delivery. 
• Benefits: NeSDA helps the respective governments improve their delivery of citizen centric services and shares best practices across the country.

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