Dec 03 2024

At the recent Conference of Director Generals of Police, Prime Minister Narendra Modi addressed the rising menace of cybercrime in India, particularly focusing on digital frauds and non-consensual intimate deepfakes.

Reasons for the Increase in Cybercrimes in India

  • Evolving Nature of Cybercrime: Organized digital frauds are carried out by tech-savvy criminals equipped with advanced tools and techniques. For example,
    • Fraudsters create urgency by claiming digital arrests or holding parcels, tricking victims into action.
    • Criminals pose as officials to gain trust and steal sensitive information (e.g., OTPs).
    • Hackers access victims’ desktops to steal data or commit fraud.
  • Vulnerable Infrastructure
    • Outdated Handsets: Many people still use older devices that are more susceptible to cyber threats due to lack of updated security features.
    • Lack of Awareness: Citizens are not well-educated about the importance of safeguarding personal information online, making them vulnerable to phishing, scams, and other fraudulent activities.
  • Weak Law Enforcement Infrastructure
    • Insufficient Resources: The police force, especially at the local level, lacks the training, tools, and infrastructure needed to combat modern cybercrimes.
    • Limited Cybersecurity Expertise: Law enforcement officers often lack expertise in tackling sophisticated digital frauds, leaving them unprepared to address the scale of cybercrime.
  • Lack of coordinated efforts: There is often a failure to share cybercrime-related intelligence and data among police forces, which hampers coordinated efforts to tackle cybercriminal networks effectively.
  • Manipulative Tactics: Cybercriminals exploit the public’s lack of awareness and trust. 
    • For example, they mimic well-known figures like Amitabh Bachchan to convince people that they have a chance to win a prize on KBC. This manipulation creates a sense of legitimacy, making people more likely to fall victim to the scam.
  • Local Police Complicity: As seen in Jamtara, cyber fraudsters often have strong networks and can even secure the confidence of local police officers. This allows them to operate with relative impunity, further escalating the problem.
  • Vulnerabilities in Telecom Infrastructure: The telecom infrastructure in India is often ill-prepared to handle the overwhelming volume of calls and messages from fraudsters. This creates a fertile ground for cybercriminals to exploit.

Enroll now for UPSC Online Course

The Digital Arrest Menace

Digital arrest refers to a form of online extortion where cybercriminals pose as law enforcement officers or officials from regulatory agencies. Victims are coerced into compliance through intimidation, often involving threats of legal consequences for alleged crimes. Key tactics include:

  • Impersonating law enforcement or regulatory personnel using fake identities or visuals (e.g., police uniforms or staged offices).
  • Claiming involvement in crimes like drug trafficking, possession of illegal goods, or fraud.
  • Demanding money for “settlement” or “case closure.”
  • Forcing victims to remain visible on video conferencing platforms like Skype until their demands are met. 

Way Forward to Combat Cybercrime

  • Enhance Cybercrime Task Force
    • Strengthen dedicated cybercrime forces with more resources and specialized expertise to tackle digital fraud.
  • Ensure Device Security
    • Promote digitally secure devices, encouraging the use of updated software and robust security features.
  • Expand Initiatives like e-Kawatch
    • Develop and implement more initiatives such as e-Kawatch, which help in monitoring and reporting online threats.
  • Secure Banking Apps
    • Focus on creating and maintaining secure banking apps with advanced encryption and fraud detection mechanisms.
  • Implement Three-Factor Authentication
    • Promote the use of three-factor authentication for added security in online transactions and accounts.
  • Basic Infrastructure Enhancements
    • Provide basic cybersecurity infrastructure like antivirus software, and increase awareness among the public about common threats.
  • Punish Fake Scenarios
    • Introduce strict punishments for those creating fake scenarios to mislead or exploit victims.
  • People-Friendly Police
    • Train police officers to be more approachable and understanding, as victims fear arrest or harassment when reporting fraud.
  • Train Law Enforcement Agencies
    • Provide specialized training for law enforcement agencies to handle cybercrimes effectively.
    • Educate the public and law enforcement on distinguishing between AI-generated images (e.g., deepfakes) and real images, to combat misleading and harmful content.

Check Out UPSC CSE Books From PW Store

Conclusion

As India faces an increasing threat from cybercriminals, it is critical to implement both law enforcement measures and public awareness campaigns. With a concerted effort to strengthen digital security and prevent fraud, India can create a safer digital environment for its citizens. 

Mains Question:

Q. Discuss the emerging threats posed by digital frauds and non-consensual intimate deepfakes in India. How can law enforcement and technology work together to address these new-age crimes? (10 M, 150 words)

India’s disability governance, as outlined by the RPWD Act, 2016, has not fully embraced a social and human rights-based approach to disability rights, indicating a need for reforms.

Key Facts

  • According to the 2011 Census, persons with disabilities constitute 2.21% of the total population, though this figure is underestimated.
  • WHO 2019 Brief Disability Model Survey reported a 16% prevalence of severe disability among Indian adults.

Enroll now for UPSC Online Course

Steps Already taken by india

  • India ratified the UN Convention on the Rights of Persons with Disabilities (UNCRPD) in 2007, necessitating the alignment of national laws with its principles.
  • The Rights of Persons with Disabilities Act, 2016 (RPWD Act) replaced the 1995 Act to promote a social and human rights model of disability rights.

The Role of the State Commissioner for Disabilities

  • One of the unique provisions of the RPWD Act is the creation of the office of the State Commissioner for Disabilities at the state level. 
  • This role combines review, monitoring, and quasi-judicial functions to ensure the effective implementation of disability laws. 
  • According to Section 82 of the RPWD Act, State Commissioners are granted quasi-judicial powers equivalent to those of a civil court under the Civil Procedure Code, 1908.
  •  Additionally, all proceedings before the State Commissioner are deemed judicial proceedings under Sections 193 and 228 of the Indian Penal Code.
  • The State Commissioners have the authority to take suo motu (on their own initiative) action in cases of policy violations or issues that contravene the RPWD Act, identifying and recommending corrective measures.

Despite these provisions, the effectiveness of the State Commissioner’s office has been hindered due to various challenges. 

Challenges in the Functioning of State Commissioners for Disabilities

  • Appointment Issues:
    • Delay in Appointments: Delays in appointing State Commissioners hinder timely action on disability-related issues.
    • Lack of Impartiality: Civil servants from the nodal ministry are often appointed, leading to concerns about bias and lack of independence.
    • Limited Civil Society Representation: Only 8 states have appointed commissioners from civil society (as per the 2021-22 report), limiting diverse expertise and perspectives.
  • Non-utilization of Powers:
    • Limited Suo Motu Interventions: There is a lack of proactive action by State Commissioners in addressing discriminatory policies, weakening their role in safeguarding disability rights.
    • Erosion of Trust: Inactive use of powers contributes to a decline in public trust in the effectiveness of the office.
  • Capacity Constraints:
    • Inadequate Training: State Commissioners often lack sufficient training in quasi-judicial functions and the complexities of disability law, limiting their ability to address issues effectively.
    • Additional Charges: Commissioners frequently have additional responsibilities, diverting focus from their primary duties concerning disability rights.
    • Absence of Independent Office: The lack of a separate, dedicated office hampers the independence and effectiveness of the Commissioner’s role.
    • Lack of Leadership: The absence of strong, focused leadership affects the overall functioning and impact of the office.

Check Out UPSC Modules From PW Store

Other Challenges

  • Discriminatory Policies: Despite the existence of laws like the RPWD Act, discriminatory policies persist in various sectors, and there is inadequate enforcement to address these violations.
  • Stakeholder Engagement: There is insufficient proactive engagement with organizations and individuals with disabilities to identify and address violations, limiting the responsiveness of the system.

Recommendations for Strengthening Disability Governance

  • Inclusion of Qualified Civil Society Organizations:
    • Appoint civil society experts and organizations with deep knowledge of disability rights to ensure impartiality and effectiveness in the role of State Commissioners.
  • Empowerment to Take Suo Motu Actions:
    • Ensure that State Commissioners have the authority to take proactive actions (suo motu) in cases of policy violations or discrimination, strengthening their role as advocates for persons with disabilities.
  • Increased Interaction with Stakeholders:
    • Foster regular engagement with Organizations of Persons with Disabilities (OPDs) and individuals to better understand challenges and identify violations of the RPWD Act. This will improve the responsiveness and relevance of policies.
  • Nationwide Implementation of Best Practices:
    • Implement successful initiatives, such as mobile adalats and District Disability Management Reviews, karnataka model, across all states to standardize and improve disability governance nationwide.
  • Adopting Technology for Transparency:
    • Utilize digital dashboards and other technological tools to track complaints, case resolutions, and policy compliance, ensuring transparency and accountability.
  • Collaboration with UN Entities:
    • Strengthen collaborations with UN bodies under the UN Disability Inclusion Strategy to incorporate international best practices and evidence-based policies in India’s disability governance.
  • Capacity Building of Commissioners:
    • Provide systematic training for State Commissioners, focusing on disability law, quasi-judicial functions, and effective grievance redressal. This will enhance their capacity to function effectively in their roles.
  • Research and Collaboration: Promoting research in areas like:
    • Disability-inclusive social protection.
    • Care economy.
    • Climate change impact on persons with disabilities.

Karnataka’s model for disability governance is centered on inclusivity and accountability. 

  • The state emphasizes capacity building through collaborations with law schools and legal experts, ensuring State Commissioners are well-trained. 
  • Mobile adalats provide on-the-spot grievance redressal, especially in remote areas. 
  • The District Disability Management Review (DDMR) monitors the implementation of disability programs, ensuring compliance with policies and quotas. 
  • Karnataka also integrates District Magistrates as Deputy Commissioners for persons with disabilities, strengthening local governance.
  •  Additionally, the state promotes research and collaborates with UN entities to drive evidence-based policymaking, setting a progressive example for others.

Enroll now for UPSC Online Classes

Conclusion

State Commissioners for Disabilities play a critical role in upholding the RPWD Act’s principles. To realize the vision of inclusive and equitable disability governance, they must transition into proactive guardians of rights. Learning from progressive models, such as Karnataka, and adopting a rights-based approach will ensure dignity and equity for persons with disabilities across India.

Mains Question:

Q. Discuss the key provisions of the Rights of Persons with Disabilities Act, 2016, that aim to promote the social and human rights model of disability. How do these provisions align with India’s commitments under the UN Convention on the Rights of Persons with Disabilities? (15 M, 250 words)

Recently the U.S. President-elect, Donald Trump, threatened BRICS (Brazil, Russia, India, China, South Africa) countries with 100% import tariffs if they create their own currency or back any existing currency to replace the U.S. dollar as the world’s reserve currency.

U.S. dollar’s status as the global reserve currency

  • Global Acceptance: The dollar is widely accepted worldwide for trade, investment, and reserves, making it the preferred currency for international transactions.
  • Global Trade Dominance: The dollar is heavily used in global markets, especially for commodities like oil, gold, and other key resources, which creates constant demand for it in international trade.
  • Financial Markets: The U.S. has the largest and most liquid financial markets, making the dollar the go-to currency for international investments and central bank reserves. This liquidity ensures its dominance in global finance.       
  • Stability: The U.S. economy’s stability, effective inflation control, and strong financial institutions build trust in the dollar, reinforcing its position as the global currency of choice.  

Enroll now for UPSC Online Classes

Reasons for Demand for a New BRICS Currency

  • Sanction Avoidance: Countries like Russia and Iran have faced sanctions from the U.S., limiting their ability to conduct trade in dollars. 
    • This has prompted them to seek alternatives to the U.S. dollar in order to avoid the risks associated with reliance on a single currency.
  • Political and Economic Autonomy: Countries want to reduce U.S. influence over global financial systems, such as SWIFT and the International Monetary Fund (IMF), which are often used to impose sanctions and exert pressure on sovereign states. 
  • Mitigating Concentration Risks: Nations seek to diversify their foreign reserves beyond the U.S. dollar, mitigating the risks associated with holding a large portion of their reserves in one currency.
  • Strengthening Economic Cooperation: BRICS countries, with their growing economic power, have sought to enhance intra-group trade by using local currencies or a new BRICS currency, bypassing the U.S. dollar and reducing transaction costs.
  • Enhancing Financial Integration: A common currency or payment system within BRICS could facilitate smoother trade and investment flows, and increase economic cooperation.
  • Shift in Global stance: As the global economic center of gravity increasingly shifts towards emerging economies, there is a growing aspiration among non-Western and developing countries, such as India, to transition from a unipolar to a multipolar world. 

India’s Position on Currency and Trade

  • Internationalisation of the Rupee: In response to sanctions and trade challenges, India has initiated steps to internationalize the Indian rupee, allowing payments for international trade in rupees. 
    • Efforts are being made for local currency trade integration among BRICS nations. 
  • Trade Relations with Russia: India’s trade with Russia has shifted toward local currency settlements, although issues like trade imbalance and banking reluctance due to potential U.S. sanctions persist. 
    • Conversely, Russia-China trade is more balanced, with significant use of the ruble and yuan.    
  • India’s Clarification on Dollar Usage: India’s External Affairs Minister clarified that while India seeks to find “workarounds” in trade with certain countries due to U.S. policies, it has never targeted the U.S. dollar or sought to replace it. 
    • India’s focus is on finding alternative solutions for transactions where dollar access is limited.

Global Trends in Reserve Currencies

  • Decline of Dollar’s Share: According to IMF, the share of the U.S. dollar in global foreign exchange reserves has been gradually declining over the past two decades. 
    • However, this decline has not been fully offset by an increase in the shares of the euro, yen, or pound.
  • Rise of Non-Traditional Reserve Currencies: The IMF notes a rise in the share of non-traditional reserve currencies like the Chinese renminbi, Australian dollar, and South Korean won, with the Chinese renminbi gaining the most ground, matching a quarter of the decline in the dollar’s share.

Check Out UPSC NCERT Textbooks From PW Store

Way Forward

  • Caution in BRICS Financial Reforms
    • India should carefully monitor financial reforms within BRICS to ensure that China does not dominate the bloc’s economic direction.
    • Balancing interests within BRICS while preserving sovereignty and influence is key to avoiding asymmetry in economic power.
  • Diplomatic Engagement
    • India must diplomatically engage with the U.S. to clarify that diversifying trade mechanisms and promoting local currencies is not intended to undermine the U.S. dollar but to foster global financial multipolarity and stability.
    • India should emphasize that its approach to trade reforms is cooperative, not adversarial, aiming for inclusivity rather than anti-Americanism.
  • Future Financial Reforms
    • UPI Internationalization: India should expand the global reach of its Unified Payments Interface (UPI) to provide a reliable and accessible payment mechanism.
    • Central Bank Digital Currency (CBDC): Accelerating the development and implementation of the digital rupee will enhance India’s financial resilience and adaptability in global trade.
  • Strengthening Strategic Balance
    • Maintaining robust ties with the U.S. while promoting local currency trade among BRICS will help India safeguard its strategic and economic priorities in a multipolar world.

India’s overcrowded prisons, with a 131.4% occupancy rate and 75.8% undertrials, highlights the urgent need for reforms. 

  • The Supreme Court’s report “Prisons in India: Mapping Prison Manuals and Measures for Reformation and Decongestion” has proposed measures, including electronic tracking, to address this issue. 

Overcrowding of Prisons

  • As per NCRB 2022 data, prisons have a 131.4% occupancy rate, housing 5,73,220 inmates against a capacity of 4,36,266.
  • 75.8% of inmates are undertrials, leading to prolonged detention without conviction.
  • In a functioning democracy, bail is the norm, and jail is the exception. 
  • However, in India, the slow judicial process and high costs make bail a privilege mostly for the rich, while many undertrials, especially the poor, are stuck in jail.                        

Enroll now for UPSC Online Course

Electronic Tracking and its Benefits

Electronic tracking of undertrial prisoners involves using devices like ankle or bracelet monitors to ensure compliance with bail conditions. 

It is proposed  as a cost-effective alternative to incarceration, aiming to decongest overcrowded prisons while maintaining surveillance.  

Benefits

  • Addressing Prison Overcrowding: Electronic tracking could serve as an alternative to incarceration, reducing the prison population.
  • Cost-Effectiveness: The annual cost of housing an undertrial prisoner in Odisha is approximately ₹1 lakh. 
    • In contrast, electronic trackers are estimated to cost ₹10,000–₹15,000 per device.
  • Reduction in Administrative Burden: Monitoring undertrials electronically would require fewer resources compared to traditional methods involving significant human resource deployment.
  • Enhanced Oversight: Trackers enable real-time location monitoring, aiding law enforcement in ensuring compliance with bail conditions.
  • Global Practices: Cited examples from countries like the USA highlight the logistical benefits of electronic monitoring over conventional parole or bail supervision.

Challenges of Electronic Tracking

  1. Privacy Concerns
    • Judicial Observations: In July 2023, the Supreme Court held that continuous electronic surveillance violates Article 21 of the Constitution, emphasizing the right to privacy.
    • Precedents: Recently, conditions such as GPS monitoring mandated by the Delhi HC were struck down due to their invasive nature.
    • Body Autonomy Violations: The 268th Law Commission report acknowledged the grave and significant impact of such measures on constitutional rights. 
  2. Psychological and Social Stigma
    • Stigmatization: Visible devices, such as ankle or bracelet trackers, could lead to social ostracism and exacerbate mental health issues like depression and anxiety. This could be even worse for undertrials who have not been proven guilty.
    • Community Impact: Lessons from the USA highlight how such measures disproportionately affect marginalized communities, which mirrors India’s overrepresentation of SC, ST, and OBC individuals in prison populations.  
  3. Financial Implications
    • Bearing the Costs: In jurisdictions like the USA, individuals are often made to bear the costs, but in India, the social reality is different. 
      • The Indian government is suggested as the primary financier, which could lead to financial strain.
    • Potential Inequities: Charging monitored individuals could widen the socio-economic divide and create additional barriers to rehabilitation.
    • E-Incarceration: This has been described as incarceration by a different name, potentially leading to unjust punitive measures outside of prison walls.
  4. Risk of Over-Surveillance
    • Excessive Control: Reports from the USA describe electronic monitoring as “e-carceration,” extending carceral control beyond prison walls.
    • Additional Invasions: Practices like random drug testing, DNA sampling, and warrantless home searches are associated with electronic monitoring, further encroaching on personal liberties.

Check Out UPSC CSE Books From PW Store

Recommendations

  1. Limited Application
    • Targeted Use: The Law Commission of India (268th Report) recommends restricting electronic monitoring to heinous crimes and repeat offenders.
    • Legislative Amendments: Criminal laws must explicitly define the scope of such measures.
  2. Consent-Based Implementation
    • Voluntary Participation: The Parliamentary Standing Committee on Home Affairs emphasizes the need for informed consent from individuals before imposing electronic tracking.
    • Human Rights Considerations: Adequate safeguards must be established to prevent misuse and ensure dignity.
  3. Balancing Privacy and Public Safety
    • Guardrails for Surveillance: Policies should focus on minimizing invasiveness, ensuring that monitoring does not extend into areas of personal autonomy unless strictly necessary.
    • Periodic Review: Regular assessment of the ethical and legal implications of electronic monitoring is essential to address emerging concerns.

Conclusion

Electronic tracking presents a potential alternative to incarceration but its implementation must be balanced with safeguards to uphold individual rights, minimize societal stigma, and prevent systemic inequities. A measured, rights-based approach with appropriate legislative and procedural guardrails is essential to harness its benefits effectively.

Mains Question:

Q. What are the potential benefits of electronic tracking for prisoners in India, particularly in addressing overcrowding in prisons? Discuss the challenges associated with its implementation. (15 M, 250 words) 

Aiming for UPSC?

Download Our App

      
Quick Revise Now !
AVAILABLE FOR DOWNLOAD SOON
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध
Quick Revise Now !
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध

<div class="new-fform">






    </div>

    Subscribe our Newsletter
    Sign up now for our exclusive newsletter and be the first to know about our latest Initiatives, Quality Content, and much more.
    *Promise! We won't spam you.
    Yes! I want to Subscribe.