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Dec 19 2023

Context: The Supreme Court (SC) has clarified that the Enforcement Directorate (ED)  need not furnish a person accused under the Prevention of Money Laundering Act (PMLA)  a copy of the FIR with the grounds of detention, during the time of the arrest.

ED’s Duty: SC Ruling on Grounds of Arrest Under PMLA

  • Legal Question: A Situation where ED  does not  furnish a copy of FIR to the arrestee at the time of arrest renders the arrest illegal under Section 19 of the PMLA, 2002?
  • Section 19 of the PMLA, 2002: Section 19 of the Prevention of Money Laundering Act (PMLA) states that the accused must be informed of the grounds of arrest “as soon as may be.”
  • Article 22 (1): It upholds the fundamental right of any person who is in custody to be informed as to why he has been arrested.
  • SC Clarification: SC said that if a  person arrested  is informed or made aware orally about the grounds of arrest at the time of his arrest, it complies with both  Section 19 of the PMLA and Article 22(1) of the constitution.
  • Reasonable Period: A written communication of the grounds of arrest needs to be provided only within a “reasonable period” i.e. within 24 hours of the arrest.
  • Legal Precedent: The Supreme Court in Pankaj Bansal v. Union of India  held that the Directorate of Enforcement (ED) must furnish the reasons for arrest to the accused in writing.
About PMLA Enactment: The Prevention of Money Laundering Act (PMLA), 2002 was enacted in January 2003

Objectives: 

  • The PML Act seeks to combat money laundering in India
  • Control: To prevent and control money laundering
  • Power to confiscate: To confiscate and seize the property obtained from the laundered money
  • Other issues: To deal with any other issue connected with money laundering in India
  • Punishment: The Act also proposes punishment under sec.4.

Enforcement Directorate (ED)

  • Established: In 1956.
  • Headquarters: New Delhi.
  • Objectives: It is responsible for enforcement of the Foreign Exchange Management Act, 1999 (FEMA) and certain provisions under the Prevention of Money Laundering Act.


To read more about:
Money laundering and PMLA

To read more about: Enforcement Directorate

News Source: The Hindu

 

Context: Only 18 CAG audit reports on the Union government’s accounts are tabled in parliament. 

CAG Audit Reports: Key Highlights

  • Basis of data: The data is based on an analysis of over 400 audit reports published on the CAG website between 2010 and 2023.
  • Steadily declining: The number of reports has been steadily decreasing in the last few years i.e. from 40 between 2014 and 2018  to 22 in the 2019- 2023 period.

Trends of the CAG Audit Reports

  • Railways: Only 14 CAG audit reports of the Railways Department were tabled in the last five years, down from 27 in the previous five-year period.
  • Civil department: Only 34 CAG audit reports of the Department were tabled in the last five years down from 42 in the last five years.
  • Defense: The latest report of the defense department dates back to 2017.

CAG audit reports

CAG audit reports

CAG audit reports

CAG audit reports

Reasons for Low Reports

  • Shortage of Workforce: IA&AD has witnessed a steady decline in staff strength ie from 48,253 in 2013-14 to 41,675 in 2021-22.
    • Indian Audit and Accounts Department (IA&AD) officers: The number of IA&AS officers employed came down to 553 in 2021-22 from 789 in 2014-15.
  • Sanction Strength: The total number of employees as a share of sanctioned posts has remained stagnant in the last few years.
  • Decline in Budget Allocation: The budget allocated to the IA&AD has also declined as compared to the share of the Union Budget’s total expenditure. 
    • For FY24, allocations to the IA&AD formed 0.13% of the Union Budget, down from 0.19% in FY17. 
About Comptroller and Auditor General of India (CAG)

Constitutional Body: Comptroller and Auditor General of India (CAG) is  a constitutional authority entrusted with the responsibility of auditing the accounts of the Union and state governments.

Constitution provisions: Article 148 of the constitution provides for an independent office of CAG.

Indian Audit and Accounts Department: CAG is head of the Indian Audit and Accounts Department

Supreme Audit Institution Of India: The CAG and Indian Audit and Accounts Department (IA&AD) are known as the Supreme Audit Institution of India (SAI).  

Public Purse: CAG is considered the “Guardian of Public Purse.”

Appointment: He is appointed by the President of India.

Tenure: CAG holds office for a period of 6 years or 65 years, whichever is earlier.

Process of CAG report: The reports of the CAG are submitted to the President in case of the Union and to the Governor in case of the State who thereafter tables it in the respective houses.

Functions of CAG: 

Regular Audit: Every year, it is called a transactional audit through which we cover all states and schemes.

Performance Audit: It is an independent, objective, and reliable examination of whether the public sector undertakings, programs, activities, or organizations operating in accordance with the principles of economy, efficiency, and effectiveness.


News source:
The Hindu

 

Context: Recently a report on mRNA vaccine technology was published by WHO’s Science Council highlighting the potential benefits and limitations of mRNA vaccine technology was released.

Report on mRNA vaccine technology: WHO

  • Importance of R&D: The report reveals the importance of research and development (R&D) efforts to COVID-19 mRNA vaccines and outlines the challenges of inequitable access.
  • Global distribution: mRNA Global distribution of COVID-19 vaccinations was uneven because of a lack of resources for research and development as well as obstacles pertaining to intellectual property.
  • Customized mRNA: The ability to get easily customized, increases their potential as effective personalized therapies with fewer side effects.

About mRNA

  • Messenger RNA (abbreviated mRNA) is a type of single-stranded RNA involved in protein synthesis. 
  • Formation: mRNA is made from a DNA template during the process of transcription
  • Purpose: Messenger RNA (mRNA) molecules carry the coding sequences for protein synthesis and are called transcripts.
About RNA:

  • Ribonucleic acid (abbreviated RNA) is a nucleic acid present in all living cells that has structural similarities to DNA. 
  • It contains the following nitrogenous bases: adenine, guanine, uracil, and cytosine.
  • Function: To create proteins via translation

Types of RNA

  • tRNA: Transfer RNA (abbreviated tRNA) molecules carry amino acids to the ribosomes during protein synthesis.
  • rRNA: rRNARibosomal RNA (rRNA) molecules form the core of a cell’s ribosomes (the structures in which protein synthesis takes place)

Protein synthesis:

  • Protein synthesis is a two stage process involving:
    • Transcription: It refers to  the transfer of genetic instructions in DNA to mRNA in the nucleus. 
    • Translation: In this process the instructions in mRNA are read, and tRNA brings the correct sequence of amino acids to the ribosome. Then, rRNA helps bonds form between the amino acids, producing a polypeptide chain.

Application of mRNA 

  • Precisional drugs: It has scope in  preventing and treating many intractable diseases.
    • For Example: mRNAs are used to treat propionic acidaemia, a disease where children have low levels of two liver proteins (which prevents toxic by-products from building up in the body)
  • Easy to customize: Easy to customize for any protein, mRNAs can be edited to meet the needs of the patient through targeted drug delivery
  • mRNA-based cancer therapeutics: It helps in encoding tumor antigens for cancer vaccines, cytokines for immunotherapy, tumor suppressors to inhibit tumor development.

mRNA vaccine technology

To Read More about mRNA Vaccines:

 

Context: In its attempt to take the rupee global, India is in talks with Lesotho to conduct trade using the Indian currency.

India and Lesotho Rupee Trade

  • India is currently engaging in discussions with Lesotho to facilitate international trade using the Indian rupee, as part of its efforts to promote the currency on a global scale.
  • This will aid the ongoing trade negotiations with the Southern African Customs Union (SACU).
    • SACU is a five-nation grouping of Botswana, Eswatini, Lesotho, Namibia and South Africa

Rupee as Hard Currency

  • Direct trade in Indian Rupee will reduce the risk of conversion, and help elevate the Indian Rupee to the status of hard currency. 
  • Benefits: Help save the foreign exchange reserves. 
About Lesotho 

  • Lesotho lies entirely within the territory of South Africa.
  • Lesotho is called the “Kingdom of the Sky”.
  • Thabana Ntlenyana is the highest point of Lesotho.
  • It is in the Southern and Eastern Hemispheres of the Earth.

Rupee Trade

    • Help the inclusion of Indian Rupee in the International Monetary Fund’s special drawing rights basket. 
    • It will also help lower the cost of financing for India. 
  • Present Status: Presently, around 22 countries have so far set up special bank accounts to trade in Indian rupee, including Malaysia, Sri Lanka, Germany, Maldives and the UK and SACU. 

What is Hard Currency?

  • Hard currency refers to money that is issued by a nation that is seen as politically and economically stable. 
  • Hard currencies are widely accepted for payment for goods and services and may be preferred over the domestic currency due to its stability.

Read More About: Internationalization of Rupee

News Source: The Mint

 

Context: The government has rejected regional cooperation, a key recommendation of a parliamentary standing committee to share glacier data with China and neighbors to tackle the threat of melting Himalayan glaciers.

Why Centre Rejects to Share Glacier Data with China?

Glacier Data

  • The report titled ‘Glacier Management in the Country – Monitoring of Glaciers / Lakes Including Glacial Lake Outbursts Leading to Flash-Floods in the Himalayan Region‘ recommended regional cooperation. 
  • Basis of the suggestion: It will allow seamless sharing of data on glacier movement, behavior, and hydrology with India’s neighbors. 
    • India has a treaty for sharing of hydrological information with neighbors, but there was no specific treaty for sharing glacier-related data.
  • Government response: In light of the tense relationship with China, the government has denied a new engagement with China on glacier data.
    • The Indo-China border standoff that began three years ago, is believed to be the reason for the denial. 

Data Sharing Mechanism related to Water Resources with China

  • Present Data Sharing with China: India already has a mechanism to resolve the issue of trans-border rivers and any newer mechanisms were not recommended by the government. 
  • Present Mechanism: 
    • Expert-level mechanism to discuss interaction and cooperation on the provision of flood season hydrological data. Umbrella Memorandum of Understanding (MoU): At present, there is no activity being undertaken under this. 
  • Past Mechanisms
    • MoU upon provision of Hydrological Information of the River Brahmaputra: Expired in June 2023.
    • MoU upon provision of Hydrological Information of the River Satluj: Expired in 2020
  • Mechanism for Glacier Related Data Sharing: Despite a number of government agencies working in the Himalayas, there is no data or mechanism available regarding the glacier loss.
    • There are concerns about the impact of China’s mega hydropower projects impacting India’s glacial and riverine systems, and comprehensive data sharing is needed. 

To Read More: Glacial Lake Outburst Flood (GLOF) in Sikkim

Source: Economic Times

 

Context: The King of Bhutan, has unveiled plans for a Gelephu smart city project, the Gelephu Special Administrative Region (SAR), spanning 1,000 sq km on its border with Assam.

Gelephu Smart City Project: India and Bhutan to Enhance Connectivity

Gelephu Smart City Project

  • The project will be part of the Sarpang district Special Economic Zone.
  • Gelephu is one of three entry points to Bhutan from India, the others being Samdrup Jongkhar to its east and Phuntsholing to its west. 

About Gelephu Smart City Project 

  • Dynamic Economic Corridor: The proposed land connection from Gelephu, traversing Assam and Northeast Indian states, extends to Myanmar, Thailand, Cambodia, Laos, Vietnam, Malaysia, and Singapore, forming a dynamic economic corridor that bridges South Asia to Southeast Asia
  • Aim:  To attract investments, boost trade and create jobs thereby facilitating the demand for goods and services.
  • It is rooted in the vision and values of Gross National Happiness (GNH), as it aspires to be a Mindfulness City and envisions setting up of “zero emission” industries.

India’s Role:

  • In the development of the Gelephu Mega Project, Indian government infrastructure and private Indian investment will be key. 
    • For Example: Indian Railways has completed the preliminary engineering-cum-traffic survey for the 57-km Kokrajhar-Gelephu rail link, which will be built with Indian support.

To Read More: India-Bhutan Relations

News Source: The Hindu

 

Context: Recently, the Subordinate Legislation Committee of Rajya Sabha has observed that the Union government is delaying the framing of rules for the Acts passed by Parliament. 

Key Findings of the Committee

  • Recurring Phenomenon: Delaying the framing of rules has become a recurring phenomenon for the Union Ministries.
  • High Pendency of Acts: Acts have still pending for many years, notwithstanding the time restriction for framing subordinate legislation and the Committee’s recommendations.
  • Leads to Inaction: Defeats the very purpose of enactment of the Acts as the Acts cannot be operated without the Rules/Regulations.
  • Earlier Precedent: By citing its 1971 report, the Committee said that if the rules were not framed within six months, the Secretary should inform the Minister concerned and obtain his orders.

Various Supporting Examples from the Committee

  • The National Food Security Act of 2013: Even after the Act came into force about ten years ago, the Rule-making process had been stuck up, especially on the part of State Governments. 
    • Delhi, Rajasthan, and Uttarakhand are yet to complete the process. 
  • The rules of Arbitration and Conciliation (Amendment) Act: Four years had lapsed without any progress, it could adversely affect the international business community to invest in India.
  • The Petroleum and Natural Gas Regulatory Board (PNGRB) Act 2006: Concerns were raised over the delay in framing the rules by this Ministry.
  • On the Department of Higher Education: Subordinate legislations of the Sikkim University Act, 2006; the Tripura University Act, 2006; the Indira Gandhi National Tribal University Act, 2007; and the Central University Act, 2009 have not been tabled yet.

About the Framing of Rules

  • An Executive Responsibility: Framing the rules is a duty of the Executive.
  • Evaluation of the Government Orders: Each House of Parliament has a Committee on Subordinate Legislation to examine Rules, Regulations, and government orders in detail.  
    • The detailed guidelines are mentioned in the Manual of Parliamentary Procedures that is issued by the Ministry of Parliamentary Affairs.
  • Time Frame: It is supposed to be done within six months of passing the Act, and the government must table the rules of an Act in Parliament. 
    • Provision of Extension: An extension may be granted for a maximum period of three months at a time. However, the reason needs to be stated.   

About the Subordinate Legislation Committee of Rajya Sabha

  • Constitution: The Committee shall consist of fifteen members nominated by the Chairman. 
  • Chairman of the Committee: He/she shall be appointed by the Chairman from amongst the members of the Committee, provided that if the Deputy Chairman is a member of the Committee, he/she shall be appointed.
    • Exercise of a Casting Vote: The Chairman of the Committee shall not vote in the first instance but in the case of an equality of votes on any matter. 
  • Quorum: To constitute a meeting of the Committee, the quorum shall be five. 
  • Mandate: To scrutinize and report to the Rajya Sabha whether the delegated powers to make Rules, Regulations, By-laws, Schemes, and other statutory instruments given to the Executive by the Parliament, are being properly exercised. 
  • Regulation of Procedure: The Committee shall determine its own procedure concerning all matters connected with considering any question of subordinate legislation in the Committee. 

 News Source: The Hindu

 

Context: Recently, India and Asian Development Bank (ADB) signed a $250 million policy-based loan for the Industrial Corridor Development Programme (Sub-programme 2).

ADB Approves $250 Million for Industrial Corridor Development

  • Earlier Experience: It builds on the $250 million Sub-programme 1 loan approved by ADB in October 2021 that helped strengthen policy frameworks for the National Industrial Corridor Development Programme (NICDP).
  • Significance: This policy-based loan will make manufacturing more competitive, strengthen national supply chains and links with regional and global value chains, and create more and better jobs.

Industrial Corridor

About National Industrial Corridor Development Programme (NICDP)

  • Nodal Ministry: Ministry of Commerce & Industry
  • Infrastructure Programme: It aims to develop futuristic industrial cities in India which can compete with the best manufacturing and investment destinations in the world. 

Apex Monitoring Authority of National Industrial Corridor Development and Implementation Trust

  • Constitution: The Government of India constituted the Apex Authority in August 2007 and re-constituted it in December 2016.
  • Industrial Corridor Composition: It comprises the Finance Minister as Chairperson, Minister-in-charge, Ministry of Commerce and Industry, Minister of Railways, Minister of Road Transport and highways, Minister of Ports, Shipping and Waterways, Vice-Chairman (NITI Aayog) and Chief Ministers of all NIC States as Members.

Significance of this Sub-programme 2

  • Integration of the Industrial Corridors with Multiple Facilities: The loan for the Sub-programme 2 will help in the integration of industrial corridors with transport, logistics and urban facilities under the government’s Prime Minister Gati Shakti platform. 
    • Gati Shakti Platform is a digital platform that will bring 16 ministries and departments of the Government of India together to have a coordinated execution of infrastructure connectivity projects across the country.
  • Promotion of Gender Equality: It will promote gender equality in manufacturing and corridor development.
  • Enhancement of Skills: It will help in the conduct of training and upskilling of workers in industrial corridors.
  • Development of Alternative Financing Solutions: It will help industrial corridors develop alternative financing solutions, such as green finance, for industrial cluster development. 
  • Improvement in Safety Practices: It will improve industrial workplace safety, integrate environment and climate change practices in these areas. 
  • Improvement of Investment Environment: To improve the ease of doing business, the programme will introduce a synchronized Central and State-level single window clearance system and digitize processes to streamline the logistics process.

To Read More: Asian Development Bank                                        

News Source: PIB

 

Context: Recently, the World Health Organization (WHO) announced the inclusion of noma disease in its official list of neglected tropical diseases (NTDs)

Inclusion of Nova Disease In WHO’s Official List Of Neglected Tropical Diseases

  • Recommendation: This decision was recommended by the 17th meeting of the Strategic and Technical Advisory Group for Neglected Tropical Diseases (STAG-NTD).
    • The Government of Nigeria spearheaded action to have Noma included in the list of NTDs.
  • WHO’s NTD List: Currently, WHO’s NTD list includes 21 diseases or groups of diseases. 
About Neglected Tropical Diseases

  • NTDs: These are a diverse group of 21 conditions mainly prevalent in tropical areas.
    • For Example: Buruli ulcer; and Chagas disease
  • They are ‘neglected’ because they are almost absent from the global health agenda. 
    • Even today, when the focus is on Universal Health Coverage, NTDs have limited resources and are almost ignored by global funding agencies.
  • Population Affected: It primarily affects impoverished communities and disproportionately affects women and children. 
  • Impact: These diseases cause devastating health, social, and economic consequences to more than one billion people.
  •  Neglected Tropical Diseases road map 2021−2030 
    • Reduce by 90% the number of people requiring treatment for NTDs
    • Reduce by 75% the disability-adjusted life years (DALYs) related to NTD
    • Eliminate at least one NTD from 100 countries
    • Eradicate two diseases (dracunculiasis and yaws) globally
  • Associated Challenges
    • The epidemiology of NTDs is complex and often related to environmental conditions. 
    • Many are vector-borne, have animal reservoirs, and are associated with complex life cycles. 
  • Significance of Recognition
    • The move aims to amplify global awareness, catalyze research, stimulate funding, and boost efforts to control the disease through multisectoral and multi-pronged approaches. 
    • Interventions addressing the burden of this devastating disease will contribute to achieving universal health coverage, as they will specifically target pockets of underserved populations. 

About Noma Disease

Noma Disease

  • Noma Disease: Also known as cancrum oris or gangrenous stomatitis, it is a severe gangrenous disease of the mouth and face.
    • Gangrene: It is the death of body tissue due to a lack of blood flow or a severe bacterial infection. 
  • Causative Agent: It is caused by the spirochete Borrelia vincenti in association with anaerobic bacteria
  • Mortality Rate: It has a mortality rate of approximately 90% and is non -contagious in nature.
  • Major Challenges: 
    • Lack of Awareness: There is an extreme lack of awareness regarding the disease. 
    • Outdated Data: There are no reliable numbers of cases; the WHO website lists the ‘latest’ estimates of 140,000 cases per year and a prevalence of 770,000 cases. However, the data dates back to 1998. 
  • Prevention and Cure:
    • Since the disease has a high mortality rate, early detection is critical because therapy is most effective in the early stages. 
    • Its spread can be slowed significantly with basic hygiene, antibiotics, and nutritional rehabilitation.
    • Effective drugs like sulfonamides and penicillin and adequate surgical treatment are needed, however, they remain inaccessible for many due to extreme poverty.

News Source: DTE

 

Context: The Prime Minister used the ‘Bhashini AI Tool’ while delivering his speech during the inauguration ceremony of Kashi Tamil Sangamam 2.0 at Namo Ghat in Varanasi.

AI translation tool Bhashini used during PM Modi’s speech

  • Tamil Translation of Hindi Language: The Bhashini AI tool was used for the Tamil audience which used the earphones to access the Tamil translation of Hindi speech.
Kashi Tamil Sangamam 2023

  • It is an initiative by the Government of India as part of the government’s Ek Bharat Shreshtha Bharat Yuva Sangam programme to uphold the Spirit of Ek Bharat Shreshtha Bharat. 

To Read More: Kashi Tamil Sangamam 2023, here.

About Bhashini AI Tool

  • About: It is a real-time Artificial Intelligence-based translation tool.
  • Nodal Ministry: Ministry of Electronics and Information Technology (MeitY)
  • Objective: It can be used by people to communicate in their own language while talking to speakers of other Indian languages.
  • ‘Bhasadaan’ section:  Bhasha Daan includes the following categories for citizens to contribute to:
    • Suno India: Contribute by typing out audio content or validating transcriptions made by others.
    • Bolo India: Donate your voice through sentence recordings. Validate audio recordings contributed by others.
    • Likho India: Contribute by translating the provided text. Validate translations submitted by others.
    • Dekho India: Contribute by typing text seen or labeling images. Validate images contributed by others.

Importance of Bhashini AI Tool

  • Digitization of Services in Local languages: According to Census 2001, India has 22 official languages, 122 major languages, and 1599 other languages. In response to the dominance of English content online despite India’s rich linguistic diversity, the  Bhashini  will encourage developers to provide digital services in local languages. 
  • Potential Roadmap for Local Languages: As per a report by Analytics India Magazine, the project has a chance to create a roadmap to allow internet access for local languages.
  • Promoting Financial inclusion in the Native language: Bhashini had the potential to help promote financial inclusivity by extending digital financial services to people in their native language.

News Source: Economic Times

 

Context: This article is based on the news “Telecommunication Bill 2023: The changes it seeks in the telecom sector, why some have raised concerns” which was published in the Indian Express. 

  • The Telecommunication Bill 2023 was introduced in the Lok Sabha by the Union Minister for Communications, Electronics & Information Technology.
Relevancy for Prelims: Telecom Regulatory Authority of India (TRAI), Indian Telegraph Act, 1885, and Indian Wireless Telegraphy Act, 193. 

Relevancy for Mains: Telecommunication Bill 2023: Why is it needed? It’s key features and related concerns. 

About Telecommunication Bill 2023

Telecommunication Bill 2023

  • Streamlining Telecom Activities: The Telecommunication Bill 2023 aims to streamline the existing licensing system for telecom networks by transitioning to an authorization system. 
    • Currently, the telecom department issues over 100 types of licenses, registrations, and permissions, and the bill aims to consolidate many of them into a single authorization process.
Telecom Regulatory Authority of India (TRAI)

  • About: It is a statutory body established under the Telecom Regulatory Authority of India Act, 1997.
  • Mandate:  To regulate telecom services, including fixation/revision of tariffs for telecom services previously vested in the Central Government.
  • TDSAT: The TRAI Act 1997 was amended to  establish a Telecommunications Dispute Settlement and Appellate Tribunal (TDSAT) to take over the adjudicatory and dispute functions from TRAI. 

 Indian Telegraph Act, 1885

  • It governs the use of telegraphs in India.
  • It empowers the government to take possession of telegraphs, regulate the use of telegraphs, and intercept messages in certain circumstances.

Indian Wireless Telegraphy Act, 1933

  • It regulates the possession of wireless telegraphy apparatus.

Telegraph Wires (Unlawful Possession) Act, 1950

  • It regulates the possession of telegraph wires and provides for the punishment of the offense of unlawful possessions.
  • Overhauling Telecom Legislation: It repeals the Indian Telegraph Act, of 1885, the Indian Wireless Telegraphy Act, of 1933, and the Telegraph Wires (Unlawful Possession) Act, of 1950.  
    • It also amends the Telecom Regulatory Authority of India (TRAI) Act, 1997.

Why is the Telecommunication Bill 2023 needed?

  • Transformation of Sector: The telecommunication sector has witnessed significant transformations in the past decade, including changes in its nature, usage, and underlying technologies.
    • For example, 5G technology and its application.
  • Revamp of Archaic laws: India is a huge market for telecom and internet companies. However, the telecom sector in India was largely governed by three laws, two of which were made in colonial times and the third in the year 1950.
    • The Telecommunication Bill 2023 creates a legal and regulatory framework that prioritizes the safety and security of telecommunication networks, while promoting inclusive digital growth.

Telecommunication Bill 2023: Key Features 

  • Authorisation for Telecom-related Activities: Prior authorization from the central government will be required to: 
    • Provide telecommunication services
    • Establish, operate, maintain, or expand telecommunications networks
    • Possess radio equipment.
Telecom Sector in India 

  • The Telecommunications industry is divided into the following subsectors: Infrastructure, Equipment, Mobile Virtual Network Operators (MNVO), White Space Spectrum, 5G, Telephone service providers, and Broadband.
  • The Telecom industry in India is the second largest in the world with a subscriber base of 1.179 Bn as of August 2023 (wireless + wireline subscribers).
  • India secures 2nd rank in “Mobile broadband internet traffic within the country” and “International Internet bandwidth”.
  • The 5G network has been rolled out in all 28 states and 8 UTs.
  • Assignment of Spectrum: Spectrum allocation will predominantly occur through auctions, except for specific use cases, where allocation will be done on an administrative basis.The government has listed 19 services/entities under the first schedule wherein spectrum can be given administratively  bypassing the auction process.
    • Such services include national security, defence, public broadcasting, disaster management etc, satellite services including global mobile personal communication by satellite services (GMPCS) license holders, BSNL, and MTNL. 
    • Apart from the first schedule, spectrum should be provided through auction.
  • Interception of Messages:  Messages between two or more persons may be intercepted on the specified grounds of:
    • Security of the state
    • Prevention of incitement of offences
    • Public order
  • Suspension of Telecom Services: The Telecommunication Bill 2023 allows the central government to temporarily take control of telecom services in case of an emergency in the interest of national security and in case of emergencies.
  • Guidelines for Press Messages: The press messages accredited to the Central Government or a State Government shall not be intercepted or detained unless their transmission is prohibited under the applicable rules.
  • Guidelines for Unutilised Spectrum: The Telecommunication Bill 2023 allows the government to take back a spectrum that is unutilized for insufficient reasons and also opens the door for sharing, trading, and leasing of the spectrum. 
    • It provides the option to surrender unused spectrum, but there will be no payment from the government for it.
    • A voluntary undertaking mechanism has been introduced to encourage the voluntary disclosure of unintentional lapses and to facilitate compliance. 
  • Grievance Redressal: The dispute resolution process for breaches of terms and conditions includes a tiered structure, including an adjudicating officer, a designated committee of appeals, and the Telecom Disputes Settlement and Appellate Tribunal (TDSAT).
  • Cyber Security Measures: The central government may provide rules for ensuring the cyber security of communication networks and services.
    • Measures may include collection, analysis, and dissemination of traffic data that is generated, transmitted, received, or stored in telecommunication networks.
  • Powers to Specify Standards: The central government can prescribe standards and assessments for telecom equipment, infrastructure, networks, and services.
    • Telecom equipment needs to be procured from trusted sources only.
  • Right of Way: In order to install telecom infrastructure, facility providers may request a right of passage over public or private property.  
    • Rights of way must be granted non-discriminatory and non-exclusive to the greatest extent feasible.
  • Protection of Users: The central government may implement measures to safeguard users, including
    • Obtaining prior consent to receive specific messages, such as advertising messages.
    • Mechanism to allow users to report malware or specified messages.
  • Appointments to TRAI:   The Telecommunication Bill 2023 amends the TRAI Act to allow individuals with: 
    • at least 30 years of professional experience to serve as the chairperson
    • at least 25 years of professional experience to serve as members.
  • Priority Transmission of Messages during Disaster: During any public emergency, the Centre or a State government may temporarily seize any telecommunication service.
Universal Service Obligation Fund (USOF)

  • USOF was set in December 2003 by amending the Indian Telegraph Act  1885. 
  • It provides widespread and non-discriminatory access to quality ICT services at affordable prices to people in rural, remote, and unserved areas.
  • Telecom operators contribute 5% of their AGR (adjusted gross revenue) to the USOF.
    • The government can establish a system to guarantee that messages sent by a user authorised for response and recovery are transmitted first.
  • Digital Bharat Nidhi: The bill renames the USOF as Digital Bharat Nidhi and allows its use for research and development.
  • Authority to Waive fees: The bill vests the power of the government to waive off entry fees, license fees, penalties, etc. in the interest of consumers.

Telecommunication Bill 2023: Concerns

  • Privacy Concerns: To curb fraud, entities are mandated to carry out biometric authentication of their users. This raises concerns related to the privacy of users.
  • Ambiguity in Definition: The new definition of ‘telecommunication services’ has been kept generic and is prone to wide interpretations.
    • The specific reference to OTT communication services has been removed from the definition of ‘telecommunication services.  
  • Possession of Network: The Telecommunication Bill 2023 gives the government the authority to “take temporary possession” of the network.
    • According to experts, the government needs to define “possession” and specify how long a “temporary” term would last.
  • Potential Misuse of Power: The Telecommunication Bill 2023 empowers the central and state governments to suspend communication during any public emergency’ or ‘in the interest of public safety’. This power could be misused to curb dissenting voices.
  • Restrictive Powers of TRAI: The draft also seeks to allow the appointment of private sector corporate executives for the role of TRAI chairperson.
    • This shift might limit TRAI’s role with no industry watchdog having a neutral and independent approach crucial for fostering progressive and positive growth in the telecom sector.
  • Spectrum allocation:  Private telecom companies are divided on this matter.
    • During TRAI’s consultation process in June this year Elon Musk’s Starlink, Amazon’s Project Kuiper, and India’s Tata Group opposed allocation of satellite spectrum through auction. Meanwhile, Bharti Airtel and Reliance Jio supported spectrum auctions.

Must Read: Regulation Code For OTT Platforms In India

Conclusion:

  • The Telecommunication Bill 2023 represents a progressive step towards the telecommunication reform process.
  • However, concerns raised by the stakeholders should be addressed.
Mains Question: Discuss the issues related to OTT regulation in India. What are the salient features of Draft Indian Telecommunication Bill 2022? (250 words, 15 Marks)

 

Context: This article is based on the news “Cyber crime growing at the rate 15-20% annually in India: West Bengal IGP Cyber Cell” which was published in the Economic Times. In 2022, Cyber Crimes in India recorded a 24% increase compared to the previous year, according to the latest data released by the National Crime Records Bureau (NCRB).

Relevancy for Prelims: NCRB Data on Cyber Crimes in India, National Critical Information Infrastructure Protection Centre (NCIIPC), Information Technology (IT) Act, 2000, National Cyber Security Policy (NCSP), and Computer Emergency Response Team (CERT-In).

Relevancy for Mains: Growing Cyber Crimes in India: Reasons, Challenges, Government Initiatives, and Way Forward. 

NCRB Data on Cyber Crimes in India

Cyber Crimes in India

  • According to the report ‘Crime in India’, 65,893 cases were registered under cybercrime, showing an increase compared to 52,974 cases in 2021.
  • Over 24,000 complaints were registered with the Delhi Police till June 2023. During the same period in 2022, the cops had received 7,500 complaints. 
    • Preliminary probe data showed that most frauds originated in Mewat (Haryana) and Jamtara (Jharkhand).
  • More than 80,000 complaints have been received from West Bengal in 2023 till November end in the national cybercrime reporting portal.

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About Cyber Crime 

  • Cybercrime Definition: Any unlawful act where a computer or communication device or computer network is used to commit or facilitate the commission of crime. 
    • For example, Hacking, identity theft, fraud, and Cyberstalking.
  • Cybercrimes comes as a State subject as per the Seventh Schedule of the Indian Constitution.

Increasing Cyber Crimes in India: Major Reasons

  • Financial gain: Through stealing financial information, such as credit card numbers and bank accounts, or through demanding ransom in exchange for stolen data or resources. 
Manifestations of Cyber Crimes in Real Life

  • Cyber Bullying: A form of harassment or bullying inflicted through the use of electronic or communication devices such as computer, mobile phone, laptop, etc. 
  • Cyber Stalking: Use of electronic communication by a person to follow a person, or attempts to contact a person to foster personal interaction repeatedly despite a clear indication of disinterest by such person.
  • Cyber Grooming: It is when a person builds an online relationship with a young person and tricks him/her into doing a sexual act. 
  • Sexting: It is an act of sending sexually explicit digital images, videos, text messages, or emails, usually by cell phone. 
  • SIM Swap SCAM: This occurs when fraudsters manage to get a new SIM card issued against a registered mobile number fraudulently through the mobile service provider. 
    • For example, Unified Payment Interface (UPI) frauds are the most prevalent online financial frauds reported between January 2020 and June 2023, according to the Future Crime Research Foundation (FCRF) report by IIT-Kanpur.
  • Espionage: Some cybercriminals engage in cyber crime to steal confidential or proprietary information for competitive advantage or to damage the reputation of an organization.
  • Political or ideological motives: Some cybercriminals target organizations or individuals for political or ideological reasons, such as to promote a particular cause or to advance a particular agenda.
    • For example, the Cambridge Analytica scandal (2018) under which the Facebook database was leaked with data of 419 million users including the data of many Indian users. 
  • Personal motives: Some cybercriminals engage in cybercrime to harass, defame, or harm individuals or organizations.
  • Opportunism: Some cybercriminals engage in cybercrime simply because they can, taking advantage of security vulnerabilities in technology or in people to steal information or resources.
    • For Example: In June 2023, tech giant Microsoft experienced temporary disruptions to its Outlook and Azure computing services after an attack by a cybercrime group called Anonymous Sudan.

Cyber Crimes in India: Challenges

  • Rapid Technological Advancements: The rapid adoption of technology in India has led to an increased attack surface for cybercriminals. As new technologies such as IoT (Internet of Things), cloud computing, etc. become more prevalent, the attack vectors for cybercriminals also expand. 
What is Cyberterrorism?

  • Cyberterrorism is often defined as any premeditated, politically motivated attack against information systems, programs, and data that threatens violence or results in violence. 
  • The definition is sometimes expanded to include any cyber attack that intimidates or generates fear in the target population. Attackers often do this by damaging or disrupting critical infrastructure.
  • For example, ISIS targets military websites, and government websites for spreading hate and propaganda.
    • For instance, Deep Fake and AI-generated voice is a rising challenge as it has become easy to create and superimpose faces and voices. 
  • Sophisticated Cyber Attacks: Cybercriminals are becoming increasingly sophisticated, using advanced techniques such as ransomware, zero-day exploits, and social engineering to target individuals and organizations. 
    • A zero-day exploit is a cyberattack technique that takes advantage of an unknown security flaw in computer software, hardware or firmware.
  • Cyber Warfare and State-sponsored Attacks: India faces the threat of cyber espionage and state-sponsored cyber attacks increasing the vulnerability of critical infrastructure and sensitive government information
    • For instance, the Malware(Dtrack) attack on Kudankulam Nuclear Power Plant (KKNPP) in 2019. It is believed that this malware has been created by a group called Lazarus with links to North Korea.
  • Lack of Cybersecurity Awareness: Many individuals and businesses in India may not be fully aware of the risks and preventive measures associated with cybersecurity which makes them more susceptible to falling victim to cybercrimes.
  • Inadequate Legal Framework: Although India has made efforts to establish legal frameworks to address cybercrimes, there may still be gaps and challenges in effectively enforcing these laws. 

Also Read: What is Deepfake Technology? – Its Types, Impacts, and Security Countermeasures

Cyber Crimes in India: Government Measures

  • National Cyber Forensic Laboratory (Investigation): It has been established in New Delhi to provide early-stage cyber forensic assistance to Investigating Officers (IOs) of all State/UT Police both through online and offline modes.‘CyTrain’ portal: Massive Open Online Courses (MOOC) platform for capacity building of all the stakeholders, police officers, judicial officers and prosecutors through online courses on critical aspects of cybercrime investigation, forensics, prosecution, etc. along with certification.
  • National Cyber Security Policy (NCSP): It aims to create a secure cyberspace environment and strengthen the country’s cybersecurity
  • Indian Cyber Crime Coordination Centre (I4C): The I4C serves as the nodal point for coordinating efforts to combat cybercrime in India with a focus on enhancing the capabilities of law enforcement agencies to prevent and investigate cybercrimes.
  • National Cyber Crime Reporting Portal: It has been launched to enable the public to report incidents about all types of cyber crimes, with a special focus on cyber crimes against women and children. 
  • National Critical Information Infrastructure Protection Centre (NCIIPC): NCIIPC is responsible for protecting critical information infrastructure from cyber threats. It identifies critical sectors and formulates policies and guidelines for securing them.
  • Cyber Swachhta Kendra: This initiative focuses on the detection and removal of malware-infected systems, thereby reducing the impact of botnets. 
  • Computer Emergency Response Team (CERT-In): CERT-In is the national agency responsible for responding to and mitigating cybersecurity incidents. It issues alerts and advisories to the public and private sectors to enhance cybersecurity awareness.
  • Information Technology (IT) Act, 2000: It is a comprehensive legislation that addresses various aspects of electronic governance, digital signatures, data protection, and penalties for cybercrimes. 

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Global Conventions to Tackle Cybercrime

  • Interpol Cybercrime Global Strategy 2022-2025: Reducing the global impact of cybercrime and protecting communities for a safer world. The strategy outlines INTERPOL’s plan to support its member countries in combating cybercrime.
  • Potential UN Cybercrime Treaty: UN member states have been negotiating an international treaty on countering cybercrime. If adopted by the UN General Assembly, it would be the first binding UN instrument on a cyber issue. 
  • Budapest Convention: The treaty focused on harmonizing laws and increasing cooperation across borders so that a range of cybercrime could be prosecuted in the multiple countries affected. India decided not to participate in this convention.

Way Forward to Prevent Cyber Crimes in India

  • Implement Advanced Cybersecurity Framework: Cybersecurity frameworks offer a range of best practices, policy processes, security protocols, and other necessary tools to secure an organization’s business operations.
    • Investing in advanced cybersecurity technologies can help to protect critical information systems and networks
  • Cyber Hygiene Practices: Encourage individuals and organizations to adopt good cyber hygiene practices, such as regular software updates, strong password management, and secure online behavior.
  • International Cooperation: Strengthen collaboration with international organizations, law enforcement agencies, and other countries to share threat intelligence, and best practices, and coordinate efforts in investigating and prosecuting cross-border cybercrimes.
    • For instance, India and Japan have agreed to step up cooperation to improve skills in securing cyberspace at bilateral and multilateral levels. 
  • Public Awareness and Education: Conduct widespread awareness campaigns to educate the public about common cyber threats, safe online practices, and the importance of cybersecurity. 
  • Encourage the Adoption of Cyber Insurance: Cyber insurance policies help cover the financial losses that result from cyber events and incidents. In addition, cyber-risk coverage often helps with the costs associated with remediation, including payment for legal assistance, investigators, crisis communicators, and customer credits or refunds.

Conclusion:

The growing trend of cyber crimes in India demands a comprehensive approach, including advanced cybersecurity measures, international cooperation, public awareness, and the effective implementation of legal frameworks to ensure a secure digital environment for individuals and organizations.

Mains Question: Examine the concept of Deepfakes, and the potential risks associated with their use. What are the solutions to mitigate the threats posed by deepfake technology? (250 words, 15 Marks)

 


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 Final Result – CIVIL SERVICES EXAMINATION, 2023.   Udaan-Prelims Wallah ( Static ) booklets 2024 released both in english and hindi : Download from Here!     Download UPSC Mains 2023 Question Papers PDF  Free Initiative links -1) Download Prahaar 3.0 for Mains Current Affairs PDF both in English and Hindi 2) Daily Main Answer Writing  , 3) Daily Current Affairs , Editorial Analysis and quiz ,  4) PDF Downloads  UPSC Prelims 2023 Trend Analysis cut-off and answer key

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