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Mar 13 2023

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India can’t push corruption dirt under carpet any longer

March 13, 2023

Context:

The impact of corruption is especially heavy on common citizens and even more on poorer and vulnerable persons in communities.

Corruption:

  • It refers to misusing public power for personal gain. Corruption is the destruction of values.

Causes of corruption:

  • Political  factors:
    • Politics has Populist practices. 
    • Especially known as nexus with the corporate sector exposed by the NN Vohra Committee in 1993.
  • Economic factors:
    • Resources concentration in a few hands.
    • Even in past liberalization era, income of top 10% people huge rise and income of bottom 10% poor people, farmers are there remains stagnant or experienced decline.
  • Socio-cultural-religious factors:
    • In India, Socio-cultural factors encourage corruption and not a discourage.
    • That is, India has a tolerant culture against corruption. 
  • Legal and administrative factors:
    • Administrative structure, legal loopholes, outdated laws, arbitrary laws and laws encouraging and recognising become also basis for promoting corruption, that is corruption doesn’t have only moral dimensions, it has also legal dimension. 

ARC-II given three major causes of corruption:

  • British colonial legacy historically imbibes corruption in the system and is deeply rooted specially in administration. 
  • Centralized administration of Power.
  • Public sector jobs are wanted by people by any hooks or crooks.
Corruption =Monopoly+Discretion+Secrecy-Accountability 

General causes:

  • Personal gains & self-preservation (hedonistic tendencies)
  • Less salary in the public sector as compared to the formal private sector
  • Lack of proper values, education and training
  • Lack of transparency
  • Poor emotional intelligence 
  • No motivation and reward for honest officers
  • Low rate of conviction

Conclusion:

There is a need for reforms in each and every section of the system to fight against the menace of corruption. 

Integrity, transparency and fighting against corruption have to be part of the culture. They must be thought of as fundamental values of the society.

News Source:  The Indian Express 

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Safe Harbour: On the impact of the proposed Digital India Act, 2023

March 13, 2023

Context:

The Minister of State, IT, Rajeev Chandrasekhar proposed the Digital India Act, 2023 as a replacement for the outdated IT Act, 2000. He questioned the need for a ‘safe harbour’ for all intermediaries.

13.2

Safe harbour protections for intermediaries are at risk:

  • The government has been working towards increasing the compliance burden on Internet intermediaries, in particular in the IT Rules 2021 and its later amendments. 
  • These Rules put the onus on social media intermediaries to arbitrate on content on their platforms with regulations.
  • An amendment in October 2022 provided for government-appointed committees that will adjudicate on an individual user’s appeals against moderation decisions of these intermediaries. 
  • In January 2023, the IT Ministry proposed an amendment on the take down of social media/news content that has been marked as “fake” or “false” by the Press Information Bureau or any other government agency.

Requirements:

  • The IT Rules’ specifications on giving users prior notice before removing content or disabling access, and for intermediaries to come up with periodic compliance reports are well taken. 
  • Social media intermediaries should not shut down users’ posts or communications except in the interests of public order and to avoid legal consequences. 
  • The requirements on intermediaries should not become needlessly onerous and punitive, which also vitiate the principle of safe harbour. 

Concern:

  • There is a legitimate concern that the government is keener on regulating or taking down critical opinion or dissent in social media/news platforms than hate speech or disinformation, which in many cases has originated from representatives of the state. 

Intermediaries need to focus:

  • Regulation of hate speech and disinformation on the Internet is a must and intermediaries, including digital news media and social media platforms, have an accountable role to play. 

Conclusion:

While modern regulations to tackle issues related to misinformation, problematic content and the side effects of the new form of the Internet are a must, they should still retain first principles of safe harbour without whittling down their core.

News Source: The Hindu

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Adultery as misconduct and judicial musings

March 13, 2023

Context:

Recently,  the Supreme Court has ruled adultery in context of the Union government’s request for clarification about relevant sections of the Army Act, the Air Force Act and the Navy Act.

Decriminalization of adultery:

  • The Supreme Court of India decriminalised adultery in its landmark judgment in Joseph Shine versus Union of India (September 2018). 
  • It held Section 497 of the Indian Penal Code (on adultery) along with Section 198 of the Criminal Procedure Code to be unconstitutional on the premise that these provisions were violative of Articles 14, 15 and 21 of the Constitution of India.

Issues of discharge of duties:

  • The question is whether the Court’s observations imply that the armed forces can take disciplinary action for adulterous acts, as understood in common parlance, under their special legislations.

Associated Issues:

  • Mahesh Chand Sharma versus State of Rajasthan and Others (2019): The Rajasthan Court held that no employer can be allowed to do moral policing on its employees which go beyond the domain of his public life and personal choices and selections (to have sexual intercourse) cannot be a subject matter of departmental proceedings under the Service Conduct Rules.
  • Maheshbhai Bhurjibhai Damor versus State of Gujarat and 3 other(s) (2022): The Gujarat High Court held that in order to prove misconduct, allegations must have some nexus, direct or indirect, with the duties to be performed by the government servant. 
  • Alcohol Consumption by army personnel: Unless the drinking habits or any such act of an officer affects the discharge of his duties or discipline of the force, no departmental action is initiated.

A caveat that cannot be overlooked:

  • Though Article 33 of the Constitution empowers Parliament to restrict the fundamental rights of the members of the armed forces, the caveat of ‘so as to ensure the proper discharge of their duties and the maintenance of discipline among them’ cannot be overlooked. 
  • The same principle will also apply to members of the forces charged with the maintenance of public order.
  • A common thread is that if the conduct interferes directly or indirectly with the honest discharge of duties; such conduct may be considered as unbecoming of a government servant. 

Conclusion:

The sacrosanct right to privacy available to the members of the armed forces (and the policemen engaged in the maintenance of public order) cannot be taken away under the guise of the special legislations unless it has some nexus with their duties.

News Source: The Hindu

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