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Daily Prelims Notes 13 September 2022

  • September 13, 2022
  • Posted by: OptimizeIAS Team
  • Category: DPN
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Daily Prelims Notes

13 September 2022

Table Of Contents

  1. World Dairy Summit 2022
  2. Why several Asian economies brought in agri export curbs in 2022
  3. Good news for farmers: ICRISAT uses X-ray to assess peanuts’ quality
  4. Global pandemic fund to open for investment proposals in November
  5. Supreme Court’s three-question test for validity of 10% EWS quota
  6. King Charles in Parliament Promises to Follow Queen’s Example
  7. You raised essential practice- HC had to take it up: SC to appellants
  8. HC stays Lokpal proceedings against JMM chief Shibu Soren
  9. Why several Asian economies brought in agri export curbs in 2022
  10. GPS-based toll system in place of FASTag
  11. Keeping Big Tech in Check
  12. Gyanvapi Mosque Dispute

 

 

1. World Dairy Summit 2022

Subject: Government Schemes

PM Modi appeals to the global dairy leaders to recognise and encourage women dairy farmers at the World Dairy Summit 2022 at Greater Noida.

Details:

  • India is hosting the summit after a gap of 48 years.
  • During that period, India’s milk output has grown from 23 million tonnes in 1974, to about 210 million tonnes now.
  • India’s milk output is growing at six per cent, much higher than the global average of two per cent.
  • India’s per capita milk availability is the highest in the world.
  • Co-operatives played a big role to make India self-reliant in dairy.
    • Women form about 70 per cent of the workforce in dairy and about 1/3rd in dairy cooperatives.

Major schemes of dairy sector:

  • Rashtriya Gokul Mission (RGM)-Department of Animal Husbandry and Dairying has been implementing Rashtriya Gokul Mission (RGM) with the aim of development and conservation of indigenous bovine breeds, genetic upgradation of bovine population and enhancing milk production and productivity of bovines thereby making milk production more remunerative to the farmers.
    • It also aims breed multiplication farm on hub and spoke model and offers 50% capital subsidy is available for eligible entrepreneurs
  • Dairy Processing and Infrastructure Development Fund (DIDF)-This scheme is being implemented with the objective of Creation/ strengthening of Milk Processing, Value addition & chilling facilities.
    • Under the scheme, NABARD raises the fund  from market and disburses loans to dairy cooperatives with 2.5% interest subvention through National Dairy Development Board and National Cooperative Development Corporation (NCDC).
  • Supporting Dairy Cooperatives and Farmer Producer Organizations engaged in dairy activities (SDCFPO)-it aims to assist the State Dairy Cooperative Federations by providing soft working capital loans to tide over the crisis on account of severely adverse market conditions or natural calamities. It also proies one time support in the form of Interest subvention on working capital loans has been introduced from the financial year 2020-21.
  • Livestock Health & Disease Control Programme (LHDCP)-The overall aim is to improve the animal health sector by way of implementation of prophylactic vaccination programmes against various diseases of livestock and poultry, capacity building, disease surveillance and strengthening of veterinary infrastructure.
  • National Livestock Mission (NLM)-The focus of the scheme is on entrepreneurship development and breed improvement in poultry, sheep, goat and piggery including feed and fodder development. The scheme is implemented with the following three Sub-Missions:
    • Sub-Mission on Breed Development of Livestock & Poultry
    • Sub-Mission on Feed and Fodder development
    • Sub-Mission on Extension and Innovation
  • Animal Husbandry Infrastructure Development Fund (AHIDF)- worth Rs. 15000 crore to facilitate incentivisation of investments in establishment of dairy processing and value addition infrastructure. Further 3% interest subvention is made available to the beneficiaries availing credit under AHIDF.
  • National Animal Disease Control Programme (NADCP) is a flagship scheme for control of Foot & Mouth Disease and Brucellosis by vaccinating 100% cattle, buffalo, sheep, goat and pig population for FMD and 100% bovine female calves of 4-8 months of age for brucellosis.
  • Kisan Credit Card- For the first time the KCC Scheme has also been extended for all farmers involved in the animal husbandry sector including dairy farming.
  • Nationwide Artificial Insemination Programme (NAIP) –for delivery of free of cost quality artificial insemination services at farmers doorstep in 604 districts with less than 50% AI coverage.
  • Induction of Multi Purpose Artificial Insemination Technicians in Rural India (MAITRI)- to make available trained manpower for conducting artificial insemination services at the farmers doorstep in rural areas covering all States and Union Territories.

2. Why several Asian economies brought in agri export curbs in 2022

Subject- Economy

  • Governments across Asia implemented export curbs on various agricultural and energy products this year to ensure sufficient supplies and cap a rise in prices due to the Russia-Ukraine war, but these measures have disrupted global trade.
  • Top Thermal Coal Exporter 2022 – Indonesia,Australia,Russia
    • India 2nd largest importer after China
  • Top Palm Oil Exporter – Indonesia,Malayasia,Netherlands
    • India top importer of Palm-Oil
  • Top Wheat Exporter – Russia,US,Canada
  • Top Sugar Exporter – Brazil,Thailand,India
  • Top Poultry Meat Exporter – Brazil,US,EU
  • Top Rice Exporter – India, Vietnam,Thailand

3. Good news for farmers: ICRISAT uses X-ray to assess peanuts’ quality

Subject: Science

  • X-ray radiography has the potential to be the right technology for in-field evaluation of farmers’ produce as per the study by ICRISAT

Usage of X-ray based technology

  • A novel artificial intelligence-based algorithms to extract an accurate estimate of the physical traits from X-ray radiographies of whole peanut pods.
  • Advanced image processing algorithms for ‘virtual shelling’ are standardised for estimating shelling percentage, kernel numbers and mass.
  • Virtual shelling’ are also being explored for feature evaluation of various other crops such as rice, oats and barley, and pigeonpea for estimation of other commercially significant traits like milling recovery.
  • Researchers also used this technology for testing seed embryo viability.
  • It is right technology for in-field evaluation of farmers’ produce which is demanded by the International Committee for Food Value and Safety.
  • It is also useful grain value chains where the time needed to assess the economic value of grain by threshing or milling is a significant barrier.
  • It also allows fair procurement cost estimation for the primary producers and all stakeholders

INTERNATIONAL CROPS RESEARCH INSTITUTE FOR THE SEMI-ARID TROPICS (ICRISAT)

  • The International Crops Research Institute for the Semi-Arid Tropics (ICRISAT) is an international organization which conducts agricultural research for rural development.
  • ICRISAT is a non-profit, non-political organization that conducts agricultural research for development in the drylands of Asia and sub-Saharan Africa.
  • It was founded in 1972 by a consortium of organizations convened by the Ford and the Rockefeller Foundations.
  • Its charter was signed by the Food and Agriculture Organization (FAO) and United Nations Development Programme (UNDP)
  • ICRISAT conducts research on five highly nutritious drought-tolerant crops: chickpea, pigeon pea, pearl millet, sorghum, and groundnut.
  • Headquarter: Hyderabad, Telangana in India.

4. Global pandemic fund to open for investment proposals in November

Subject- Health

  • A new fund for pandemic prevention, preparedness and response hosted by the World Bank will invite investment proposals from November 2022 as per the World Health Organization (WHO).

The financial intermediary fund (FIF)

  • It is built to financially boost efforts in low- and middle-income countries to prevent, control and prepare for pandemics such as COVID-19.
  • The fund pooled in financial support from the G20 countries and some other nations.
  • Apart from G20 countries, the Bill & Melinda Gates Foundation, the Rockefeller Foundation and Wellcome Trust have committed to support the initiative.

The treasury will also combine the roles of institutions involved in pandemic research for: 

  • Provide complementary support
  • Improve coordination among partners
  • Incentivise increased country investments
  • Serve as a platform for advocacy
  • Help focus and sustain much-needed, high-level attention on strengthening health system

5. Supreme Court’s three-question test for validity of 10% EWS quota

Subject- Polity

  • A Constitution Bench, hearing petitions against the 10% quota for Economically Weaker Sections in government jobs and admissions, will examine whether the Constitution (103rd Amendment) Act, by which it was introduced, violates the basic structure of the Constitution.

EWS quota: What are the issues fixed by the Supreme Court?

  • “Whether the 103rd Constitution Amendment can be said to breach the basic structure of the Constitution by permitting the state to make special provisions, including reservation, based on economic criteria”;
  • Whether it (the amendment) can be said to breach the basic structure…by permitting the state to make special provisions in relation to admission to private unaided institutions;
  • Whether the basic structure is violated by “excluding the SEBCs (Socially and Educationally Backward Classes)/ OBCs (Other Backward Classes)/ SCs (Scheduled Castes)/ STs (Scheduled Tribes) from the scope of EWS reservation”.

What is 103rd amendment?

  • The 103rd Amendment inserted Articles 15(6) and 16(6) in the Constitution to provide up to 10 per cent reservation to EWS other than backward classes, SCs, and STs in higher educational institutions and initial recruitment in government jobs. The amendment empowered state governments to provide reservation on the basis of economic backwardness.
  • Article 15 prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. Article 16 guarantees equal opportunity in matters of public employment. The additional clauses gave Parliament the power to make special laws for EWS like it does for SCs, STs, and OBCs.

Sinho Commission

  • The EWS reservation was granted based on the recommendations of a commission headed by Major General (retd) S R Sinho. The commission, which was constituted by the UPA government in March 2005, submitted its report in July 2010.
  • The Sinho Commission recommended that all below-poverty-line (BPL) families within the general category as notified from time to time, and also all families whose annual family income from all sources is below the taxable limit, should be identified as EBCs (economically backward classes).

How is EWS status determined under the law?

  • Under the 2019 DOPT notification, a person who was not covered under the scheme of reservation for SCs, STs, and OBCs, and whose family had a gross annual income below Rs 8 lakh, was to be identified as EWS for the benefit of reservation. The notification specified what constituted “income”, and excluded some persons from the EWS category if their families possessed certain specified assets.

What is the basis of challenge to the amendment by petitioner?

  • The amendment violates the basic structure of the Constitution. Although there is no clear definition of basic structure, any law that violates it is understood to be unconstitutional.
  • The special protections guaranteed to socially disadvantaged groups are part of the basic structure but promising special protections on the sole basis of economic status violates basic structure
  • It violates the Supreme Court’s 1992 ruling in Indra Sawhney &Ors v Union of India, which upheld the Mandal report and capped reservations at 50 per cent.
  • The court had held that economic backwardness cannot be the sole criterion for identifying a backward class
  • Private, unaided educational institutions have argued that their fundamental right to practise a trade/ profession (Article19(1)(g)) is violated when the state compels them to implement its reservation policy and admit students on any criteria other than merit.

Governement’s stand

  • Under Article 46 of the Constitution, part of Directive Principles of State Policy, the state has a duty to protect the interests of economically weaker sections
    • Article 46 “The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.”
  • To sustain a challenge against a constitutional amendment, it must be shown that the very identity of the Constitution has been altered
  • The SC’s 2008 ruling in Ashoka Kumar Thakur v Union of India, in which the court upheld the 27 per cent quota for OBCs
    • The court accepted that the definition of OBCs was not made on the solecriterion of caste but a mix of caste and economic factors; thus, there need not be a sole criterion for according reservation.

6. King Charles in Parliament Promises to Follow Queen’s Example

Subject – Polity

British Constitution Salient Features

  • British constitution is unwritten.
  • The British constitution is a specimen of evolutionary
  • The British constitution is a classic example of a flexible constitution. It can be passed, amended and repealed by a Simple Majority (50% of the members present and voting) of the Parliament, since no distinction is made between a constitutional law and an ordinary law.
  • The British constitution has a unitary character. All powers of the government are vested in the British Parliament, which is a sovereign body. Executive organs of the state are subordinate to the Parliament, exercise delegated powers and are answerable to it.
  • Britain has a Parliamentary form of government. The King, who is sovereign, has been deprived of all his powers and authority. The real functionaries are Ministers, who belong to the majority party in the Parliament and remain in office as long as they retain its confidence. The Prime Minister and his Ministers are responsible to the legislature for their acts and policies. In this system, the executive and legislature are not separated, as in the Presidential form of government
  • Britain has a constitutional monarchy and a constitutional monarchy is not incompatible with democracy.

British Political System

Executive

  • The Executive in Britain is called as Crown. Earlier, the Crown symbolized King. Now, the King is part of the Crown.
  • The Crown, as an institution, consists of the following:
    • King
    • Prime Minister
    • Council of Ministers (CoM)
    • Permanent Executive, the Civil Servants
    • Privy Council

Legislature

  • In Britain, the Parliament can be said to be the only institution, which exercises sovereign powers and on which there are no limits because there is no written constitution.
  • The British Parliament is bicameral, that is there are two houses or chambers – The House of Lords (strength not fixed) and The House of Commons (strength fixed at 650 members). The House of Lords has hereditary members. Moreover, it has the largest number of Life Peers, Church/Religious peers (Ecclesiastical Peers) and Law Lords.

The House of Lords

  • The House of Lords is the second chamber, or upper house, of the United Kingdom’s bi-cameral (two chamber) Together with the House of Commons and the Crown, the House of Lords form the UK Parliament. There are four types of members of the house: Life peers (majority of the membership), Law lords, Bishops, elected Hereditary peers
  • The House of Lords can propose and make changes, known as amendments. However, its powers are limited; if it doesn’t approve of a piece of legislation, it can only delay its passage into law for up to a year. After that, there are rules to ensure that the wishes of the House of Commons and the Government of the day prevail.

The House of Commons

  • This is the lower chamber, but the one with most authority. It is chaired by the Speaker.
  • The Speaker post is non-political and indeed, by convention, the political parties do not contest the Parliamentary constituency held by the Speaker.
  • In modern practice, the Prime Minister is the head of the Government and is always a member of the majority party or coalition in the House of Commons.
  • The Cabinet comprises primarily leading House of Commons Members of the majority, although Members of the House of Lords have served as Cabinet ministers.
  • The Prime Minister, although head of the Government and an MP, is now not usually the Leader of the House of Commons.
  • The Leader of the House of Commons, a member of the Government, is the chief spokesman for the majority party on matters of the internal operation of the House of Commons.
  • The Office of the Leader issues announcements of the impending House of Commons schedule, and a routine inquiry from the Opposition’s counterpart serves as an occasion for the Leader to announce the business for the next two weeks of session.
  • In the House of Commons, party organizations (akin to the Republican Conference or Democratic Caucus) meet regularly to discuss policy, and to provide an opportunity for backbench party members to voice their views to ministers or shadow cabinet members in a private forum.

British Speaker

  • The position of the Speaker is a position of great prestige and dignity. In UK, there is a convention that once a Speaker, always a Speaker. It means that a Speaker’s constituency is unchallenged.
  • Once a person is appointed as a Speaker he gives formal resignation from his political He has a casting vote and ultimate disciplinary powers with respect to the conduct of the House and MPs.

Judiciary

Under the doctrine of Parliamentary sovereignty, the judiciary lacks the intrinsic power to strike down an Act of Parliament. However, the subordination of common law to statute law does not mean the subordination of the Judiciary to the executive. Courts in Britain retain certain powers:

  • Of interpreting the precise meaning of a statute.
  • Of reviewing the actions of ministers and other public officials by applying the doctrine of ultra vires (beyond powers).
  • Of applying the concept of natural justice to the actions of ministers and others.

Because Parliament is sovereign, the government can seek to overturn the decisions of the courts by passing amendment legislation. The power of judicial review provides the judiciary with a potentially significant role in the policy process.

Comparison of Indian and British Political system

A parliamentary system or parliamentary democracy is a system of democratic governance of a state (or subordinate entity) where the executive derives its democratic legitimacy from its ability to command the confidence of the legislature, typically a parliament, and is also held accountable to that parliament. 

First of all, In Britain, Parliament is supreme but In India, Parliament is not supreme and has limited sovereignty. Parliament can make, amend, substitute and repeal any laws. It can even amend the Constitution in same way as normal laws. Thus, there is no judicia review in the UK’s parliamentary system as the judiciary can’t hold the law unconstitutional

  • In Britain, the head of the state is either King or Queen of the royal family, while in India, we elect head of the state or president after every 5 years.
  • In Britain, PM should be member of lower house while in India, PM can be member of Lower house (Lok Sabha) or upper house (Rajya Sabha).
  • In Britain, ministers should be member of Parliament (MP) while In India, it is not necessary for minister to be a MP but only for period of 6 months.
  • In Britain, Opposition forms ‘shadow cabinet’ in contrast to the ruling party’s cabinet and prepare their minister for future ministerial office. In India there is no such concept.
  • In Britain, ministers are legally bound to their responsibility while in India there is no such legal limitation for ministers.

7. You raised essential practice- HC had to take it up: SC to appellants

Subject : Polity

Context: The appellants against the Karnataka hijab ban Monday argued in the Supreme Court (SC) that the High Court ( HC) should not have ventured into interpreting the Quran as it lacked expertise. But the SC told that it was them who had raised the issue of essential religious practices first, which may have left the Karnataka HC with no option but to do the same

What is doctrine of essentiality?

  • The doctrine of “essentiality” was invented by a seven-judge Bench of the Supreme Court in the ‘Shirur Mutt’ case in 1954.
  • The court held that the term “religion” will cover all rituals and practices “integral” to a religion, and took upon itself the responsibility of determining the essential and non-essential practices of a religion.

Following principles which had to be followed to determine whether any particular practice is an Essential Religious Practice (ERP):

  • That practice has to be fundamental in nature for the religion.
  • If not followed, the religion would change.
  • Not every activity associated with religion can be characterised as an essential religious practice – when it comes to food or dress this has to be conclusively demonstrated to the court.
  • The practice in question should be something which has been part of the religion from the start, it should not be a subsequently developed practice.
  • The binding nature of the practice – is it optional or compulsory, and will a person face consequences for not following it.
  • According to the state of Karnataka, if these principles were applied to the wearing of hijabs, then it was clear that the practice was not an ERP, as, according to them, it was not expressly prescribed in the Quran, and the religion of Islam was not fundamentally affected by not practicing it.

Whether wearing hijab is essential?

  • The court held that there is no “Quranic injunction” on wearing the hijab and that wearing the hijab is not “religion-specific”. The court’s inquiry, it said, was to ascertain whether wearing the hijab is so essential that if not followed, one could not practise the religion.

Few Important cases on doctrine of essentiality:

  • Shirur Matt case (1954): The ruling of the Supreme Court has been considered as one of the most important decisions in Indian jurisprudence with regard to the definition of religion. The Court invented a doctrine of “essentiality. The court held that the term “religion” will cover all rituals and practices “integral” to a religion, and took upon itself the responsibility of determining the essential and non-essential practices of a religion. It further ruled that there is no doubt that religion finds its basis in the system of doctrines regarded by those who profess that religion, but it will not be correct to say religion is nothing but a doctrine or belief.
  • M Ismail Faruqi v. Union of India (1994): The Supreme Court in this case held that the mosque is not an essential part of Islam. Namaz (Prayer) can be offered by the Muslims anywhere, in the open as well and it is not necessary to be offered only in a mosque.
  • • Church of God v. K.K.R. Majestic Colony Welfare Association: The Supreme Court held that nowhere in any religion, it is mentioned that prayers should be performed through the beating of drums or through voice amplifiers which disturbs the peace and tranquility of others. If there is any such practice, it should be done without adversely affecting the rights of others as well as that of not being disturbed in their activities.
  • In re, Noise Pollution case: The Supreme Court has given certain directions to be followed to control noise pollution in the name of religion:
  • Firecrackers: A complete ban on sound-emitting firecrackers from 10 pm to 6 am
  • Loudspeakers: Restriction on the beating of drums, tom-tom, blowing of trumpets, or any use of any sound amplifier between 10 pm to 6 am except in public emergencies. Generally: A provision shall be made by the State to confiscate and seize loudspeakers and such other sound amplifiers or equipment that create noise beyond the limit prescribed.
  • Sabarimala case: Indian Young Lawyers Association vs. the State of Kerala

8. HC stays Lokpal proceedings against JMM chief Shibu Soren

Subject :Polity

Context: The Delhi High Court Monday stayed the proceedings initiated by Lokpal of India against Jharkhand Mukti Morcha (JMM) president and Rajya Sabha MP Shibu Soren.

Background:
The Lokpal in September 2020 had directed a preliminary inquiry under provisions of the Lokpal & Lokayukt as Act, 2013, and called for an inquiry report from the CBI. Following the submission of a report by CBI, the Lokpal on August 4 ordered the initiation of proceedings to determine whether a primafacie case exists to proceed against Soren

Lokpal & Lokayuktas Act, 2013 :https://optimizeias.com/lokpal/

9. Why several Asian economies brought in agri export curbs in 2022

Subject- Economy

  • Governments across Asia implemented export curbs on various agricultural and energy products this year to ensure sufficient supplies and cap a rise in prices due to the Russia-Ukraine war, but these measures have disrupted global trade.
  • Top Thermal Coal Exporter 2022 – Indonesia,Australia,Russia
    • India 2nd largest importer after China
  • Top Palm Oil Exporter – Indonesia,Malayasia,Netherlands
    • India top importer of Palm-Oil
  • Top Wheat Exporter – Russia,US,Canada
  • Top Sugar Exporter – Brazil,Thailand,India
    • India largest producer
  • Top Poultry Meat Exporter – Brazil,US,EU
  • Top Rice Exporter – India,Vietnam,Thailand

10. GPS-based toll system in place of FASTag

Subject :Science

Context:

The government plans to start a GPS-based toll system in place of FASTag.

Details:

National Highways Fee (Determination of Rates and Collection) Rules, 2008 has been amended to allow collection of toll fees based on distance travelled by the vehicle on the NH.

Benefits: 

  • It will ensure seamless payment and vehicle movement on national highways.
  • It would end the role of toll plazas across the country.
  • It  may lead to a reduction in toll charges as vehicles will be charged on the actual distance travelled and not fixed charges, as at toll plazas currently.
  • It will also withdraw local residential passes or other concessions available for travel on highways.

How does GPS-based tolling work?

  • It will need amendments to the Motor Vehicles Act to facilitate the new technology-based tolling.
  • Vehicles will need to be fitted with a device that can track its movement on the highways.
  • Highways will be geo-fenced, creating virtual boundaries.
  • Once such a vehicle enters a tolled road, a highway software system would track mobile devices entering or leaving a particular area, and toll will be charged based on the distance traveled at the highway’s exit point. 
    • The system will use GPS or radio frequency identification technologies.
    • As the system is based on sensors, there will be no need to stop at toll plazas.
      • GPS tolling uses satellite-based navigation and requires no halting
  • Users will have to get themselves and their vehicles registered along with bank accounts that will be used to transfer toll payments.

Global Positioning System – GPS:

  • GPS is a satellite navigation system, used to determine the ground position of an object.
  • It is a U.S.-owned utility that provides users with positioning, navigation, and timing (PNT) services.
  • It is a network 24 satellite which provides service to civilian and military users.
  • The civilian service is freely available to all users on a continuous, worldwide basis.

Components of a GPS system

GPS is a system and it is made up of three parts: satellites, ground stations, and receivers.

  • Satellites act like the stars in constellations, and we know where they are because they invariably send out signals.
  • The ground stations make use of the radar to make sure the satellites are actually where we think they are.
  • A receiver is a device that you might find in your phone or in your car and it constantly seeks for the signals from the satellites. The receiver figures out how far away they are from some of them. Once the receiver calculates its distance from four or more satellites, it knows exactly where you are.

How does GPS work?

  • There are at least 4 GPS satellites in the line of sight of a receiver on the earth.
    • The transmitter GPS sends information about the position and time to the receiver GPS at fixed intervals.
      • The signals that are sent to the receiver devices are radio waves.
    • By finding the difference in time between the signal sent from the GPS satellite to the time the GPS receives, the distance between the GPS receiver and the satellite can be calculated using the trilateration process by the receiver. 
    • Once the receiver calculates its distance from four or more GPS satellites, it can figure out the exact location of an object.

11. Keeping Big Tech in Check

Subject  : Science & tech

Context  :  The White House recently  convened a discussion involving experts and practitioners on the harms that tech platforms could cause.

Concept :

  • The United States has identified six key principles to keep their power in check.
  • The areas range from competition; privacy; youth mental health; misinformation and disinformation; illegal and abusive conduct, including sexual exploitation; and algorithmic discrimination and lack of transparency.
  • These principles are in line with global scepticism around the influence of social media platforms as countries around the world, including India, look to check the dominance of these platforms.
  • One of the key principles listed by the White House is to remove special protection available to social media platforms under Section 230 of the US’ Communications Decency Act (CDA). This section is similar to Section 79 of India’s Information Technology Act, 2000, (IT Act).
  • In February 2021, India also had notified extensive changes to its social media regulations in the form of the Information Technology Rules, 2021 (IT Rules) which placed significant due diligence requirements on large social media platforms

Rethinking of Immunity enjoyed by US law and Section 79 of IT Act

  • Section 230 of the Communications Decency Act was passed in 1996 and provides legal immunity to internet companies for content that is shared on their websites. The act was first introduced to regulate pornography online. Section 230 is an amendment to the act, which holds users responsible for their comments and posts online.
  • According to the regulation, “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.”
  • This means that online companies, including social media platforms, are not liable for the content shared on their website by its users. So if a user posts something illegal on the website, the company is protected from lawsuits.
  • Section 79 of the IT Act 2000 also makes a similar provision that “an intermediary shall not be liable for any third-party information, data, or communication link made available or hosted by him”.
  • Third party information means any information dealt with by a network service provider in his capacity as an intermediary.
  • This protects intermediaries such as Internet and data service providers and those hosting websites from being made liable for content that users may post or generate.

New IT rules 2021:

  • Firstly, It mandates all social media platforms to set up a grievances redressal and compliance mechanism. This includes appointing a resident grievance officer, chief compliance officer, and a nodal contact person.
  • Chief Compliance Officer shall be responsible for ensuring compliance with the Act and Rules.
  • Nodal Contact Person will do 24×7 coordination with law enforcement agencies.
  • Resident Grievance Officer shall receive and resolve complaints from users. The officer must acknowledge the complaint within 24 hours, and resolve it within 15 days of receipt.
  • Secondly, the platforms must submit monthly reports on complaints received from users and actions taken.
  • Thirdly, Further, the platforms providing the feature of instant messaging need to track the first originator of a message.
  • However, non-compliance with new rules would take away the protection granted to social media intermediaries under Section 79 of the IT Act.

12. Gyanvapi Mosque Dispute

Subject : Art and Culture

Context : Varanasi District and Sessions Court dismissing the Anjuman Intezamia Masajid Committee’s plea challenging the maintainability of the civil suits filed by five Hindu women seeking the right to worship at the complex, is the interpretation of the Places of Worship (Special Provisions) Act, 1991.

Concept :

  • The Gyanvapi Mosque is located in Banaras, Uttar Pradesh, India.
  • It is a popular belief that the Gyanvapi Mosque was built in 1669 by the Mughal ruler Aurangzeb by demolishing the ancient Vishweshwar temple.
  • In Saqib Khan’s book ‘Yasir Alamgiri’, it is also mentioned that Aurangzeb had demolished the temple in 1669 by ordering Governor Abul Hassan.
  • Then about a century later, Ahilya Holkar, the queen of Indore built a new Kashi Vishwanath temple next to the mosque in 1780.
  • It is considered the most significant shrine of Lord Shiva by many. It is one of the more prominent of the 12 Jyotirlingas of Shiva, Vishveshvara or Vishvanath, that is also mentioned in the Skanda Purana.

Gyanvapi Mosque Case History

  • The case of Gyanvapi mosque has been in court since 1991, when three persons, including Pandit Somnath Vyas, a descendant of the priests of the Kashi Vishwanath temple, filed a suit in the court of the civil judge of Varanasi claiming that Aurangzeb had demolished the temple of Lord Vishweshwar and built a mosque on it so that the land should be returned to them.
  • On August 18, 2021, in the same court in Varanasi, five women had filed a petition demanding to worship in the temple of Mother Makeup Gauri, accepting which the court constituted a commission to know the present status of the Makeup Gauri Temple.
  • At the same time, the Muslim side says that no decision can be given on the dispute under the Religious Places Act of 1991.

Places of Worship Act

https://optimizeias.com/places-of-worship-act-and-the-contesting-claims/

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