Daily Prelims Notes 17 December 2023

Daily Prelims Notes

17 December 2023

Table Of Contents

1. Adhar based consent for children goes online
2. NASA finds energy source and molecule at Saturn’s moon Enceladus
3. Mapping illegal pangolin poaching from Africa to Asia
4. Significance of an influenza A (H1N2)v case in the U.K.
5. A.P., Gujarat, T.N. named ‘achievers’ in Centre’s logistics report
6. Hungary blocked EU aid to Ukraine
7. Litigation shield after EC flagged court orders, FIRs against CEC

1. Adhar based consent for children goes online

Subject :Polity

Section: Legislation in news

Context: Adhar based consent for children goes online

More about the news:

• The Union Ministry of Electronics and IT in India is planning to consult industry stakeholders on proposed data protection rules to operationalize the Digital Personal Data Protection Act.
• The rules include using an Aadhaar-based system to verify children’s age for online services and obtain parental consent.
• Additionally, a two-stage notification process for tech companies to inform users about data breaches is suggested.
• The rules may recommend using parents’ DigiLocker app or an electronic token system for age verification, subject to government authorization.
• The closed-door consultation is scheduled for December 19.

Some facts about Digital Personal Data Protection Act 2023,(DPDP Act)

• The DPDP Act is India’s comprehensive legislation for personal data protection. Enacted in 2023, it regulates the processing of personal data and establishes the rights of individuals over their data.
• Key features include:
• Scope:
  • Applies to organizations processing personal data of individuals in India.
  • Applicable to entities both within and outside India, if they process data of individuals in India.
• Consent:
  • Allows data processing without explicit consent in specific cases, such as contractual obligations or public interest.
  • Emphasizes the right to be forgotten and the right to erasure.
• Data Localization:
  • Does not mandate the storage of personal data within India.
  • Provides for the cross-border transfer of data, subject to certain conditions.
• Data Breaches:
  • Requires organizations to notify the Data Protection Board and affected individuals within 72 hours of becoming aware of a data breach.
  • Establishes obligations for data fiduciaries to implement security safeguards.
• Penalties:
  • Imposes fines up to INR 200 crores for non-fulfilment of obligations for children
  • Imposes fines up to INR 250 crores for violations.
  • Includes penalties for failure to conduct a data impact assessment or follow breach notification procedures.
• Lower age of consent: 
  • The Bill gives powers to the central government to prescribe a lower age of consent than 18 years for accessing Internet services without parental consent if the platform they are using can process their data in a “verifiably safe manner”. 

Some important cases w.r.t to data protection:

• State of Tamil Nadu v. Suhas Katti (2004): This case played a crucial role in encouraging citizens nationwide to report instances of online abuse.
• Amar Singh v. Union of India (2011): This case is significant in the context of Sections 69, 69A, and 69B of the IT Act, 2000. The court emphasized that service providers must validate the legitimacy of government orders authorizing phone tapping to prevent unlawful call interception. The court further directed the central government to establish specific directives and rules.
• Shreya Singhal v. Union of India (2015): The Supreme Court declared the entire Section 66A unconstitutional, asserting that its provisions went beyond reasonable restrictions under Article 19(2) of the Indian Constitution concerning protection against annoyance, inconvenience, danger, obstruction, insult, injury, and criminal intimidation.
• Justice K.S. Puttaswamy (Retd) v. Union of India (2017): This landmark case affirmed the right to privacy as a constitutionally protected right in India.
• Praveen Arimbrathodiyil v. Union of India (2021): Various companies, including WhatsApp, Quint, LiveLaw, and the Foundation for Independent Journalists, challenged the 2021 regulations in this case. The judgment’s outcomes will influence the future trajectory of Indian information technology law, and the case is currently pending before the Supreme Court for listing.

2. NASA finds energy source and molecule at Saturn’s moon Enceladus

Subject :Science and Tech

Section: Space technology

Context:

• NASA has found evidence of a key ingredient for life (hydrogen cyanide) and a supercharged energy source to fuel it, at Saturn’s moon Enceladus.
• Researchers also uncovered evidence that an ocean, which is hiding below the moon’s icy outer shell and supplies the plume, holds a powerful source of chemical energy.
• The combination of carbon dioxide, methane, and hydrogen in the plume was suggestive of methanogenesis, a metabolic process that produces methane.

Significance of the finding:

• It indicates there may be more chemical energy inside Enceladus than previously thought.
• It provides evidence that the moon is a host to important molecules for both creating the building blocks of life and sustaining that life through metabolic reactions.
• Enceladus seem to meet the basic requirements for habitability.

Enceladus:

• It is the sixth-largest moon of Saturn (19th largest in the Solar System).
• It is about a tenth of that of Saturn’s largest moon, Titan.
• It is mostly covered by fresh, clean ice, making it one of the most reflective bodies of the Solar System.
• Consequently, its surface temperature at noon reaches only −198 °C (75.1 K; −324.4 °F), far colder than a light-absorbing body would be. Despite its small size, Enceladus has a wide range of surface features, ranging from old, heavily cratered regions to young, tectonically deformed terrain.
• The giant plume of ice grains and water vapour spewing from Enceladus is rich in organic compounds.

Cassini mission:

• Cassini–Huygens, commonly called Cassini, was a space-research mission by NASA, the European Space Agency (ESA), and the Italian Space Agency (ASI) to send a space probe to study the planet Saturn and its system, including its rings and natural satellites.
• The Flagship-class robotic spacecraft comprised both NASA’s Cassini space probe and ESA’s Huygens lander, which landed on Saturn’s largest moon, Titan.
• Cassini was the fourth space probe to visit Saturn and the first to enter its orbit, where it stayed from 2004 to 2017.

3. Mapping illegal pangolin poaching from Africa to Asia

Subject :Environment

Section: Species in news

Context:

• Based on genomic analyses, researchers reveal illegal pangolin trafficking routes from origins in Africa to markets in Asia.
• The approach offers new opportunities to monitor pangolin poaching in near real­time, allowing for targeted and more effective anti­-trafficking measures.

About Pangolins:

• Pangolins are nocturnal mammals that dig burrows and feed on ants and termites, and play a vital role in ecosystem management, mostly in aerating and adding moisture to the soil.
• Pangolins are known for their unique appearance. They have scales made of keratin that cover their entire body.
• When threatened, they can roll into a ball to protect themselves.
• Pangolin Species: There are eight species of pangolin:
• 4 Species in Africa: Black-bellied pangolin, White-bellied pangolin, Giant Ground pangolin and Temminck’s Ground pangolin.
• 4 Species in Asia: Indian pangolin, Philippine pangolin, Sunda pangolin and the Chinese pangolin.

Habitat:

• It is adaptable to a wide range of habitats including primary and secondary tropical forests, limestone and bamboo forests, grasslands and agricultural fields.
• The Indian Pangolin is found across the Indian subcontinent; Bihar, West Bengal, and Assam also have the presence of Chinese pangolin.

Threats:

• Once known to be found in large numbers, its population is rapidly declining in its range due to habitat loss and rampant poaching for its skin, scales, and meat.
• Pangolins are among the most trafficked wild mammals, globally, traded mostly in Asia, where their scales are considered to be medicinal and their meat a delicacy.

Protection Status:

• In the red list of animals published by the International Union for Conservation of Nature (IUCN), Indian Pangolin is listed in the Endangered (EN) category.
• The Chinese pangolin has been listed as “critically endangered”.
• In India, pangolins, both Indian and Chinese, are protected under Schedule 1 of the Wildlife (Protection) Act 1972 that prohibits its hunting, trade or any other form of utilisation.
• All pangolin species are listed in Convention on International Trade in Endangered Species (CITES) Appendix I.

4. Significance of an influenza A (H1N2)v case in the U.K.

Subject : Science and Tech

Section: Health

Context:

• The United Kingdom Health Security Agency (UKHSA) reported the first known human case of influenza A (H1N2)v in the UK, a variant of the influenza virus previously not known to cause infections in humans.

More about the news:

• Health officials in the UK are investigating the first confirmed case of a new strain of swine flu, identified as A(H1N2)v. 
• The virus is similar to those circulating in pigs in the UK.
• The infected person, detected during routine flu screening in North Yorkshire, is being closely monitored, and contacts are being traced.
• This is the first time A(H1N2)v has been found in humans in the UK, though it resembles viruses previously detected in pigs.
• Influenza A(H1) viruses are common in swine globally.
• Investigations are ongoing to determine how the individual contracted the virus.
• A total of 50 human cases of A(H1N2)v have been reported globally since 2005, and this strain has not been previously detected in humans in the UK.
• The UK case represents a distinct clade (1b.1.1), different from recent global cases but similar to viruses in UK pigs.

About Swine flu:

• Swine influenza, also called pig influenza, is an infection caused by any one of several types of swine influenza viruses. Swine influenza virus or swine-origin influenza virus is any strain of the influenza family of viruses that is endemic in pigs.
• Influenza A (H1N1) virus is the subtype of influenza A virus that is the most common cause of human influenza.
• It is an orthomyxovirus that contains the glycoproteins haemagglutinin and neuraminidase.
• For this reason, they are described as H1N1, H1N2 etc. depending on the type of H or N antigens they express with metabolic synergy.
• Haemagglutinin causes red blood cells to clump together and binds the virus to the infected cell.
• Neuraminidase is a type of glycoside hydrolase enzyme which helps to move the virus particles through the infected cell and assist in budding from the host cells.
• Some strains of H1N1 are endemic in humans and cause a small fraction of all influenza-like illness and a small fraction of all seasonal influenza. Other strains of H1N1 are endemic in pigs (swine influenza) and in birds (avian influenza).

5. A.P., Gujarat, T.N. named ‘achievers’ in Centre’s logistics report

Subject : Economy

Section: Infrastructure

Context:

• As many as 11 States and two Union Territories, including the coastal States of Andhra Pradesh, Gujarat, Karnataka, Tamil Nadu; landlocked States Haryana, Punjab, Telangana, Uttar Pradesh; North Eastern States Assam, Sikkim, Tripura  and UTs Chandigarh, Delhi have been named as ‘Achievers’ in the LEADS  [Logistics Ease Across Different States] 2023 report released by Union Minister Piyush Goyal.

About LEADS Report:

• The LEADS is an indigenous data-driven index to assess logistics infrastructure, services, and human resources across all 36 States and UTs.
• LEADS continues to act as a guiding & bridging mechanism for the identification of interventions enhancing logistics efficiency at State/UTs. It reflects positively on international indices, like Logistics Performance Index.
• The first logistics report was released in 2018.
• Three performance categories namely:
• Achievers: States/UTs achieving 90% or more percentage.
• Andhra Pradesh, Gujarat,Karnataka, Tamil Nadu;landlocked States Haryana, Punjab, Telangana,Uttar Pradesh; North EasternStates Assam, Sikkim,Tripura and UTs Chandigarh,Delhi have been named as ‘Achievers’ in the LEADS.
• Maharashtra tops amongst the “Achievers” states.
• Fast Movers: States/UTs achieving percentage scores between 80-90%.
• Aspirers: States/UTs achieving percentage scores below 80% have been made.
• The LEADS 2023 survey report would assist PM Gati-Shakti National Master Plan (PMGS-NMP) and National Logistics Policy (NLP) to mapping of logistics infrastructure, services, and regulatory environment enabling State Governments to identify and fill the gaps and achieve data-driven multimodal connectivity.
• PMGS-NMP has potential to save over Rs. 10 Lakh Crore annually by improving logistics efficiency and will bring down the logistic cost to single digits in the coming years.

What is the Logistics Performance Index?

• The Logistics Performance Index (LPI), developed by the World Bank Group, is an interactive benchmarking tool created to help countries identify the challenges and opportunities they face in their performance on trade logistics and what they can do to improve their performance.
• LPI is the weighted average of the country’s scores on the six key dimensions:
  • Efficiency of the clearance process (i.e., speed, simplicity and predictability of formalities) by border control agencies, including customs.
  • Quality of trade and transport related infrastructure (e.g., ports, railroads, roads, information technology).
  • Ease of arranging competitively priced shipments.
  • Competence and quality of logistics services (e.g., transport operators, customs brokers).
  • Ability to track and trace consignments.
  • Timeliness of shipments in reaching destinations within the scheduled or expected delivery time.

What are the Initiatives Related to Logistics?

• Multimodal Transportation of Goods Act, 1993.
• PM Gati Shakti Scheme
• Multi Modal Logistics Parks
• LEADS Report
• Dedicated Freight Corridor
• Sagarmala Projects
• Bharatmala Project

6. Hungary blocked EU aid to Ukraine

Subject :IR

Section: Groupings

Context: Hungary blocked EU aid to Ukraine

What is Hungary’s stance on aid to Ukraine:

• Hungarian Prime Minister Viktor Orban, a right-wing leader and close ally of Russian President Vladimir Putin, has expressed opposition to Ukraine’s bid for EU membership.
• Orban believes that Ukraine is plagued by corruption and is not prepared for EU accession.
• He suggests that Ukraine should first become a strategic partner of the EU before engaging in membership talks.
• Orban’s stance is evident in his opposition to a financial package for Ukraine, arguing that non-EU members should not receive significant funds when Hungary, as an EU member-state, has faced challenges in securing allocated funds.

What is the backdrop of the latest move:

• The European Union (EU) had previously frozen significant funds allocated for Hungary due to concerns about violations of EU norms on law, order, and judicial independence.
• Analysts speculate that Hungary, led by Prime Minister Viktor Orban, used its veto power on Ukraine’s funding and membership talks as leverage to pressure the EU to unfreeze the funds.

How will the EU now provide aid to Ukraine:

• If Viktor Orban remains unyielding, the European Union (EU) might consider circumventing the issue by establishing a trust comprising the other 26 member states.
• While this alternative could be a more cumbersome process, it might result in delays in delivering much-needed funds to Ukraine.

What is the requirement for joining the EU:

• Obligation:
  • According to Article 49 of the EU treaties, any European nation seeking to become an EU member must commit to upholding and promoting the EU’s fundamental values outlined in Article 2.
  • These values encompass principles such as freedom, democracy, equality, and the rule of law, among others.
• Consideration:
  • Following the submission of an application, EU member states assess the nation’s suitability for membership based on these principles.
• Specific criteria:
  • The Copenhagen European Council meeting in 1993 established more detailed conditions known as the Copenhagen Criteria.
  • These criteria outline the fundamental requirements that all candidate countries must meet.
  • For instance, they encompass having a well-functioning market economy, maintaining a stable democracy and rule of law, and adhering to all EU legislation, including that related to the Euro.

What is the Copenhagen Criteria

• The Copenhagen Criteria refers to the conditions that candidate countries must meet before they can be part of the European Union.
• The criteria had been established in 1993 by the Copenhagen European Council, and later strengthened in 1995 by the Madrid European Council.
• Copenhagen Criteria also refer to the rules defined by the European Council in 1993 in Denmark, Copenhagen, which determines whether a country is qualified to join the European Union.
• In order to become a member of the EU, the three criteria that must be achieved are:
  • Stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities.
  • The existence of a functioning market economy as well as the capacity to cope with competitive pressure and market forces within the union.
  • The ability to take on the obligations of membership including adherence to the aims of political, economic & monetary union.

What is the Criteria for Membership

• The European community always monitors the progress of candidate states that have applied for the EU accession.
• Three documents are used to define the European Union membership criteria. These include:
  • Article 49 of the 1992 Maastricht Treaty
  • The 1993 declaration the European Council in Copenhagen (includes political, legislative, and economic policies)
  • Framework for negotiations with specific conditions for every candidate country.

What is Candidate country status

• Candidate country status is conferred by the European Council on the basis of an opinion from the European Commission, drawn up following an application for membership of the European Union (EU) by the country concerned.
• Candidate country status does not give an automatic a right to join the EU.on.

What is the process of joining the EU:

• The process for achieving European Union  membership involves three distinct stages, outlined as follows:
  • First stage: The country is granted the status of an official candidate. In this initial phase, the candidate nation responds to inquiries to demonstrate its alignment with the membership criteria.
  • Second stage: The formal negotiations for membership commence with the candidate. This phase encompasses the integration of EU law into national legislation and the fulfillment of a wide range of requirements, referred to as the accession criteria, which pertain to the legal, administrative, economic, and other aspects.
  • Third stage: Upon the successful completion of negotiations and the fulfillment of all accession criteria, the candidate becomes eligible for EU membership. The final decision regarding membership is subject to a unanimous vote by the existing EU member states, who must collectively endorse the new accession.

7. Litigation shield after EC flagged court orders, FIRs against CEC

Subject :Polity

Section: Elections

Context: Litigation shield after EC flagged court orders, FIRs against CEC

More about the news:

• The Election Commission of India (ECI) had reportedly expressed concerns over recent FIRs and court orders against the Chief Election Commissioner (CEC) related to election matters.
• The concerns led to an amendment in the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, providing protection to the CEC and ECs from litigation.
• The amendment states that no court shall entertain or continue any civil or criminal proceedings against a current or former CEC or EC for acts committed during the discharge of official duties.
• The move follows recent cases, such as an FIR in Mahabubnagar, Telangana, where CEC Rajiv Kumar and other EC officials were named as co-accused. 
• The Bill also maintains the status of the CEC and ECs equivalent to that of a Supreme Court judge.
• The removal process for the CEC and ECs has been amended to retain the status quo, allowing the CEC’s removal only through impeachment, while ECs can be removed based on the CEC’s recommendation.

Some facts about The Chief Election Commissioner and other Election Commissioners Bill, 2023:

• The bill repeals the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.
• It addresses the appointment, salary, and removal of the CEC and ECs
• The Bill has proposed that the selection panel for appointing the Election Commission, comprising the Chief Election Commissioner (CEC) and other Election Commissioners (ECs), will consist of
  • The Prime Minister as the chairperson, 
  • The Leader of the Opposition as a member,
  • A Union Cabinet Minister nominated by the Prime Minister as another member.
• A Search Committee headed by the Cabinet Secretary will propose a panel of names to the Selection Committee.
• Eligibility for the posts includes holding (or having held) a post equivalent to the Secretary to the central government.
• Removal Process:
  • The Bill retains the constitutional provision (Article 324(5)) that allows the CEC to be removed like a Supreme Court Judge, while ECs can only be removed on the recommendation of the CEC.
• Protection for CEC And ECs:
  • Bill safeguards CEC and ECs from legal proceedings related to actions taken during their tenure, provided such actions were carried out in the discharge of official duties.

The amendment aimed to shield these officials from civil or criminal proceedings related to their official functions.