Governance

Section 108 of BNS: Abetment to Suicide

Context: The Supreme Court has reiterated the need for investigative agencies to show restraint when invoking the charge of abetment to suicide. Recently, a bench of Justices Abhay S Oka and KV Viswanathan said that Section 108 of Bhartiya Nyaya Sanhita is invoked casually.

Relevance of the Topic: Prelims: Key facts about Section 108 of Bhartiya Nyaya Sanhita.

What is Section 108 of Bhartiya Nyaya Sanhita (Section 306 of IPC)?

  • As per the section, if any person commits suicide, whoever abets the commission of such suicide, shall be punished with:
    • imprisonment of either description for a term which may extend to ten years
    • shall also be liable to fine.
  • It is a non-bailable offence where the police can arrest without a warrant. 
  • The abetment law involving suicide has been strengthened to protect women, reversing the burden of proof against the husband for the first seven years of marriage. 

Issues with Section 306 IPC (BNS 108)

  • Ambiguous definition:
    • The term "abetment" is not clearly defined, leading to varied interpretations.
    • Abetment can include instigation, conspiracy, or aiding the act, but proving these elements can be challenging. 
    • The courts have emphasised that mere knowledge of someone's suicidal tendencies does not constitute abetment.
  • High burden of proof:
    • For a conviction under Section 306, the prosecution must demonstrate clear mens rea—the intention to instigate suicide. 
    • This requirement can be difficult to establish, especially in emotionally charged situations where actions may be misinterpreted as instigative. 
    • The Supreme Court has reiterated that words spoken in anger or haste cannot be deemed as instigation.
  • Potential for misuse:
    • There are concerns about the misuse of this section, mainly when charges are filed to appease grieving families rather than based on substantive evidence. This has led to wrongful accusations and legal consequences for innocent individuals. 
    • The non-bailable nature of the offense further exacerbates this issue, allowing for arrests without sufficient grounds.
  • Low conviction rates:
    • Data from the National Crime Records Bureau indicates a low conviction rate for cases under Section 306 (17.5% in 2022), suggesting that many cases do not meet the legal standards required for a conviction. 
    • This low rate highlights the challenges faced by prosecutors in substantiating claims of abetment.
  • Impact on individuals:
    • The consequences of being charged under Section 306 can be severe, affecting personal lives through social stigma, legal costs, and emotional distress. 
    • Even if charges are eventually dropped, the mere accusation can have lasting effects on an individual's reputation and mental health.

Judicial caution: Recent Supreme Court rulings have called for greater judicial scrutiny when considering charges under this section. 

Conclusion: Section 108 BNS is crucial in addressing suicide abetment, however, its current application raises concerns of potential misuse. The Supreme Court has reiterated that abetment charges should only apply when the act is proximate and intended to incite self-harm, not for casual remarks or actions. 

Thus, there is a need to take cognisance by thorough evaluation whether the essential ingredients of abetment are present before proceeding with such cases.

Does Blood Money have a legal standing?

Context: Nurse Nimisha Priya from Kerala was sentenced to death by a Yemen court for murdering her business partner. Debates are ongoing around her acquittal and repatriation through ‘blood money.’

Relevance of the Topic: Prelims: Basic understanding of the terms ‘Blood Money’, ‘Plea Bargaining’. 

About ‘Blood Money’?

  • Known as ‘diya’ in Islamic Sharia law, it involves monetary compensation paid by the perpetrator to the victim’s family in cases of unintentional murder, culpable homicide, or when the victim’s family forgoes retaliation (qisas).
  • Its objective is to alleviate the suffering of the victim’s family, not to price human life.
  • Even after reconciliation via ‘blood money,’ the state/community may impose additional penalties.

Contemporary Applications

  • Saudi Arabia: Compensation for road accident victims or workplace deaths is determined by Sharia courts or committees.
  • Iran: Gender and religion influence compensation; recent efforts toward equalisation have remained incomplete.
  • Pakistan: Incorporated ‘diya’ and ‘qisas’ into mainstream law through the 1991 Criminal Laws Amendment.
  • Yemen: Present, but judicial oversight ensures fairness in compensation agreements.

India’s Position on ‘Blood Money’

  • No Blood Money: Indian legal and penal system does not recognise or have provisions for ‘blood money.’
  • Plea Bargaining, as an alternative: 
    • The Indian legal system does provide provisions for Plea Bargaining, introduced through the Criminal Law (Amendment) Act, 2005.
    • Plea bargaining allows the accused to plead guilty for concessions offered on a charge or a sentence.
      • Charge concession: The defendant may plead guilty for one of the several charges or a less severe charge in return for dismissal of other charges.
      • Sentence concession: The accused may plead guilty in exchange for a reduced sentence than what is prescribed for the concerned offence.
    • Limitations: Applicable for offences with imprisonment under seven years, provision is also not available for heinous crimes and offences against women or children.
    • Victim Compensation: Section 265E of CrPC allows victims to receive compensation during the process of plea bargaining.

Indian cases of Pardons via Blood Money abroad

  • Recent examples:
    • 2019: Arjunan Athimuthu’s death sentence in Kuwait commuted to life imprisonment after ₹30 lakh payment.
    • 2006: Abdul Rahim’s death sentence in Saudi Arabia was pardoned after ₹34 crore was paid but remains in prison.
    • 2017: Ten Indians in the UAE pardoned after paying 200,000 dirhams.
    • 2009: Seventeen Indians pardoned in the UAE after paying ₹4 crore equivalent in dirhams.
  • Nimisha Priya: Iran assured India of reviewing her case, leaving the outcome uncertain.

Meta Plans to shut down Fact-Checking Program

Context: Recently, Meta’s CEO Mark Zuckerberg announced phasing out fact-checkers in favour of crowdsourced “Community Notes”. Indian fact-checkers remain unsure of the consequences of Facebook parent Meta’s shift from professional to community-driven fact-checking.

Relevance of the Topic:Prelims: A basic idea about developments in Fact Check Ecosystem, especially in India. 

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Major Highlights:

  • Meta and Fact-Checking:
    • After the 2016 U.S. Presidential election, Meta (Facebook) roped in content moderators globally and developed technology to filter harmful content.
    • Meta started its independent fact-checking programme in partnership with the International Fact-Checking Network (IFCN) and the European Fact-Checking Standards Network (EFCSN). 
    • Fact-checkers worked on finding misinformation and rating them based on the seriousness of content violation, Meta followed up with action and informed users of the measures it took. 
  • Community Notes:
    • Meta will be moving towards an X-platform styled content moderation system called ‘Community Notes’. 
    • Under this model, instead of a centralised authority taking action against misinformation, users work together to add additional context that will appear under false or even blatantly illegal content.
  • Impact on Indian fact-checking media:
    • The announcement by Meta could significantly affect India’s media landscape (loss of revenue and jobs), where eleven organisations currently partner with Meta through its third-party fact-checking network (3PFCN), launched in December 2016.

Establishment of Fact Check Units in India: Development

1. Establishment of FCUs:

  • In 2023, the Ministry of Electronics and Information Technology (MEiTY) promulgated the IT (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023 (2023 Rules), which amended the Information Technology Rules, 2021.
    • The amendment allows the government to constitute a Fact Checking Unit (FCU) under IT Amendment Rules, 2023.
    • The amendment to Rule 3(1)(b)(v) of the IT Rules, 2021 expanded the general term “fake news” to include “government business”. 
  • Under the Amendment Rules, 2023, if the FCU comes across or is informed about any posts that are fake, false, or contain misleading facts pertaining to the business of the government, it would flag it to the social media intermediaries concerned.
  • Online intermediaries would then have to take down such content, if they wanted to retain their “safe harbour” protection under the IT Rules, 2000 (i.e., legal immunity with regard to third-party content published by them).

2. Concerns: 

  • Violation of Fundamental Rights: The Rules raised concerns over free speech and the extent to which the government can regulate it.
    • The amended Rule 3(1)(b)(v) was violative of:
      • Article 14 (equality before law)
      • Article 19(1)(a) (freedom of speech and expression)
      • Article 19(1)(g) (right to practise a profession or trade) of the Constitution. 
    • The Rule curtailed the fundamental rights of citizens beyond the reasonable restrictions prescribed under Article 19(2), which was impermissible through the mode of delegated legislation.
  • Against the Principle of Natural Justice:
    • The FCUs allowed the government to be the “only arbiter” of truth in respect of business concerning itself. 
    • Assigning any unit of the government such arbitrary, overbroad powers to determine the authenticity of online content, bypasses the principles of natural justice, thus, making it an unconstitutional exercise. 
  • Fails the Proportionality Test:
    • The Rule could result in a “chilling effect” on the intermediary due to the “threat of losing safe harbour”, and also on the freedom of speech. 
    • These notified amendments in 2023 were also in gross violation of the Supreme Court ruling in Shreya Singhal vs. Union of India (2013) which laid down strict procedures for blocking content. 

3. Judicial Rulings wrt FCU: 

  • Indian law on fact-checking has been challenged in courts, at least as far as fact-checking with regard to the government is concerned.
    • Supreme Court Ruling, March 2024: The Supreme Court has stayed the notification of a fact-check unit of the Press Information Bureau from having the power to flag posts as misinformation and strip social media platforms’ safe harbour immunity.
    • FCUs are Unconstitutional- Bombay High Court judgement, Sep 2024: The Bombay High Court struck down the amended provision of the Information Technology (IT) Rules, 2021 which empowered the government to identify “fake news” on social media platforms through FCUs, citing it as unconstitutional. 

Draft Digital Personal Data Protection Rules, 2025

Context: The Ministry of Electronics and Information Technology has published the Draft Digital Personal Data Protection Rules, 2025 on January 3, 2025 for public consultation. The Draft Rules have evoked a mixed response, with criticism that the rules might go against the concept of privacy.

Relevance of the Topic: Prelims: Right to Privacy; Digital Personal Data Protection Act, 2023; Draft Digital Personal Data Protection Rules, 2025. 

Right to Privacy in India

  • Justice K.S. Puttaswamy vs. Union of India Case, 2017: In the landmark case, the Supreme Court held that Right to Privacy is a distinct and independent Fundamental Right under Article 21 of Indian Constitution. 
  • Privacy is essential to the dignity and autonomy of individuals, the Right ensures protection from state overreach.
  • The SC held that the Right to Privacy was not absolute in nature. It may be restricted, but such restrictions must meet the three-fold requirement, to ensure that the restrictions are not arbitrary or excessive.
    • Legality (Restrictions on privacy must be backed by an existing law. A mere Executive order or arbitrary action is insufficient).
    • Need (Restrictions must serve a legitimate purpose of the state).
    • Proportionality (Restrictions must not be excessive or disproportionate to the objective sought)

Digital Personal Data Protection Act, 2023

  • The Digital Personal Data Protection Act received Presidential assent in August 2023.
  • Need: Digitisation using the personal data of individuals has transformed the delivery of services enhancing ease of living, but it is also increasingly at risk of misuse. Therefore, it is imperative that digitised personal data be protected.
  • The DPDP Act 2023, obligates data fiduciaries to protect personal data and makes them accountable.
    • Digital platforms can collect only those data that are required for their functioning and providing services which users have opted for. 
    • E.g., Users will not have to give a microphone or contact access to use a torch app on their mobile phone.
  • The Act 2023 has provisions to impose penalties of up to ₹250 crore on data fiduciaries. The Act provides for graded financial penalties in case of violation of the Act and the rules.

Key Terms:

  • Data Principal: Individual to whom the personal data belongs to. 
  • Data Fiduciary: Entities such as social media platforms, e-commerce companies and online gaming platforms, etc. that collect and process an individual's personal data. They can use such data only after the individual's consent for specified purposes.
  • Significant data fiduciaries: Digital platforms with a large number of users such as Facebook, Instagram, YouTube, Amazon, Flipkart, Netflix, etc.
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Draft Digital Personal Data Protection Rules, 2025:

  • Aim: To operationalise the Digital Personal Data Protection Act, 2023 and ensure robust protection and privacy of personal data in the digital realm. 

Notable provisions of the Draft Rules are mentioned below

1. Notice for Consent: 

  • To obtain informed consent from a Data Principal, a Data Fiduciary must provide the Data Principal with a clear and standalone notice outlining- what data is to be collected, the purpose for the processing, and how consent can be withdrawn. 

2. Consent Managers and Rights of Data Principals: 

  • Defined under the DPDP Act, a Consent Manager is registered with the Data Protection Board and serves as a single point of contact for Data Principals to give, manage, review, and withdraw consent through a transparent and secure platform.
  • Data Fiduciaries and Consent Managers must clearly publish on their website or app the process for Data Principals to exercise their rights under the Act, including the right to request access to or deletion of their personal data.

3. Security Safeguards: 

  • Data Fiduciaries must implement adequate security measures to protect personal data, such as encryption, access control, monitoring for unauthorised access, and data backups.
  • Contracts between Data Fiduciaries and Data Processors must also ensure that security measures are in place to prevent data breaches.

4. Data Breach Notification: 

  • In the event of a breach, Data Fiduciaries must promptly notify affected Data Principals, with explanation of the nature, extent, and timing of the breach. 
  • Within 72 hours, Data Fiduciaries must additionally notify the Data Protection Board of the breach. 

5. Data Retention: 

  • Certain e-commerce entities, online gaming intermediaries, and social media platforms with a significant number of registered users in India must delete personal data within a specified period of time, unless the user actively maintains their account. 
  • Generally, these entities may only retain personal data for up to three years from the date of a user’s last interaction.

6. Processing Personal Data Of Children: 

  • A Data Fiduciary is required to adopt technical and organisational measures to ensure verifiable consent of parents is obtained for processing the personal data of a child.
  • Certain Data Fiduciaries, such as healthcare providers or educational institutions, may be exempt from specific obligations, under defined conditions.

7. Data Protection Impact Assessments (DPIAs): 

  • If the Central Government identifies an entity as a Significant Data Fiduciary based on certain enumerated factors (including volume, sensitivity of data) that entity must conduct annual DPIAs to assess risks associated with their data processing activities.

8. Cross-Border Data Transfers:

  • The rules provide for the transfer of personal data outside India, but only of certain as approved by the government from time to time.
  • The draft rules envisage a committee that may recommend restrictions on such transfer by a significant data fiduciary with respect to specified personal data.

9. Penalty provisions:

The draft rules do not elaborate on the penalty but spell out a mechanism to set up a Data Protection Board that will levy penalties based on the nature of the breach as listed in the DPDP Act 2023.

BHARATPOL Portal

Context: The Union Home Minister has recently inaugurated the BHARATPOL portal which aims to provide police and security agencies in India with a seamless connection to INTERPOL, the international police organisation.

Relevance of the Topic: Prelims: Key facts about BHARATPOL. 

About BHARATPOL

  • BHARATPOL is a digital platform developed by the Central Bureau of Investigation (CBI).
  • It integrates CBI (Nodal agency of INTERPOL in India) with State law enforcement agencies and the Centre for sharing information on fugitives and processing requests for INTERPOL notices to enhance international law enforcement cooperation, especially in dealing with transnational crimes. 
  • Primary purpose: To facilitate faster and paperless processing of INTERPOL notices, extradition requests, and other forms of international legal assistance.
    • Previously, Indian police had to rely on manual methods and letters to coordinate with INTERPOL and foreign agencies, leading to delays in cases related to fugitives and transnational crimes. 
    • Bharatpol eliminates these inefficiencies by offering a centralised and real-time digital platform.
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Core Objective

  • Provide a Broadcast Hub for Assistance and Real-Time Action against Transnational Crimes by improving collaboration between Indian law enforcement agencies and their foreign counterparts. 
  • It integrates with INTERPOL and foreign law enforcement agencies to streamline the handling of fugitives, international investigations, and legal requests.

Components of BHARATPOL system

  • Paperless system: All INTERPOL-related processes, including notices and extradition requests, are handled digitally to reduce time delays.
  • Real-Time communication: It ensures rapid transmission of alerts, requests, and notices between Indian and international authorities.
  • Comprehensive support: BHARATPOL provides access to documents, guidelines, templates, and training resources to assist officers in drafting legal requests and conducting international investigations.

Key Features of BHARATPOL

  • Real-Time Information Sharing: BHARATPOL facilitates quicker and more efficient sharing of information among law enforcement agencies both domestically and internationally.
  • Centralised Platform: It serves as a unified platform for processing international requests related to criminal investigations, including the issuance of Red Notices and other INTERPOL notices.
  • Enhanced Collaboration: It improves collaboration between Central, State, and Union Territory Law enforcement agencies, allowing seamless communication among various police bodies.
  • Streamlined Communication: BHARATPOL replaces outdated communication methods (like letters and faxes) with digital solutions, ensuring faster exchanges between the CBI and INTERPOL liaison officers.
  • Capacity Building: The portal provides resources for training field-level officers, improving their skills in handling international investigations.

Significance for India

  • Enhances India's ability to handle transnational crimes efficiently.
  • Improves the extradition process and legal proceedings by reducing delays caused by bureaucratic hurdles.
  • Strengthens India's global cooperation in law enforcement agencies, Interpol and other international bodies.

Cash Transfers: Welfare Measure or Transactional Politics?

Context: Row over cash transfer promises ahead of the Delhi election raises a question: Are these schemes effective welfare measures or born of short-term transactional politics?

Relevance of the Topic:Mains: Cash Transfers- Pros and Cons, Way Forward

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Cash Transfer Schemes in Indian Context

  • Cash Transfer Schemes are meant as a safety net for disadvantaged groups or to encourage better access and utilisation of health and educational services. 
  • In India, one of the oldest national cash transfer schemes is the National Social Assistance Programme (NSAP), which provides pensions to the elderly, widowed and disabled who are unable to participate in economic activities. 
  • But cash transfers have now become the new magic wand that can be used for any problem. 

Politics in Cash Transfers

  • For political parties, cash transfer is the go-to solution for anything from women empowerment to agrarian distress to unemployment to poverty alleviation.
    • For instance, incumbent governments in Maharashtra and Jharkhand successfully utilised cash transfer schemes targeted at women voters, contributing significantly to their re-election.
    • Similarly, states like Telangana and Odisha adopted cash transfers to address agrarian distress.
  • These schemes have since been extended to tackle unemployment, with several states implementing or promising direct financial assistance for the unemployed. Whether these actually deliver on the issues at hand is hardly a consideration as long as they deliver on the political front. 
  • Easy Implementation and Tangible results:
    • The appeal of cash transfers lies in their simplicity and immediate results.
    • Their fungible and unconditional nature makes them highly attractive to beneficiaries.
    • With the improvement in financial inclusion, these schemes are easy to implement and provide direct, tangible benefits to voters.
    • Such schemes also bypass bureaucratic inefficiencies and middlemen.

Arguments against Cash Transfer Schemes

  • Not a Panacea:
    • The issue lies with the basic premise that cash transfers can resolve all problems. Such an approach trivialises the complexity of the issues at hand.
  • Encourage Competitive Populism:
    • Cash transfer schemes create a tendency of competitive populism with political parties and governments vying with each other to increase the scale and scope of such transfers.
  • Need for Policy Interventions:
    • Most reforms require policy interventions for sustainable results. However, these are incapable of producing tangible gains in the short run, thus encouraging political parties to resort to unsustainable cash transfer politics.
  • Unhealthy fiscal strains:
    • Careless cash transfers create excessive fiscal strain on state and central government finances. This happens at the cost of essential spending on health, education, nutrition or basic infrastructure.
  • Decreased spending in beneficial schemes:
    • While new cash transfers have been announced, spending on existing basic social protection has been cut short. Spending on NSAP, MGNREGA and the maternity-entitlement scheme remains frozen with decline in real terms.

Arguments supporting Cash Transfer Schemes

  • Women Empowerment:
    • Need: 
      • India ranks poorly in most global indices of women empowerment. The 2023 Global Gender Gap report by the World Economic Forum ranked India at 129 out of 146 countries. 
      • India witnessed decreasing participation of women in the workforce in the first two decades of this century, despite stellar economic growth.
    • Benefits of cash & in-kind transfers:
      • Directly allow women to tackle the multiple barriers they face in accessing education and job opportunities. Helps them to live a life of dignity. 
      • For instance, Delhi’s free bus rides scheme for women led to a 24% increase in paid work and employment for women from marginalised sections of society.
  • Improved Standard of Life for the low & middle class:
    • Delhi introduced multiple subsidies- free electricity, free water, etc.- targeted at the lower and middle classes.
    • This has provided a crucial social safety net to these groups and allowed them to live a life of dignity. It has also boosted their purchasing power, which creates demand and supports economic growth.
  • Improvement in Social Growth Indicators:
    • Evidence from 119 developing countries running unconditional cash assistance programs shows that recipients of these transfers increased their spending on nutrition, schooling and health.

Way Forward

  • Balance Welfare schemes with Development:
    • Cash transfers should not happen at the cost of making adequate investments into building human capital or providing essential public services to all. 
    • For instance, the Delhi Model of governance has invested 40% of the annual budget in health and education. Delhi has also made investments in infrastructure and provision of essential public services- electricity, metro, green mobility, water pipelines, drainage amenities, etc.
    • In comparison, most Indian states spend little on their crumbling education and public health systems, even as they have introduced cash transfers.
  • Assessing the implications on the State’s Finances:
    • For instance, 
      • Delhi’s budget consistently remained in revenue surplus over the past decade.
      • Delhi’s overall debt-to-GDP ratio reduced from 7% to 4% – among the lowest for any Indian state. 
      • Delhi has shown resilient economic performance with the lowest inflation, among the lowest unemployment rates in India and GDP growth at par with rest of India.
    • Likewise, it is necessary to ensure the states’ fiscal limits are not breached or overburdened with welfare measures.
  • Encourage Policy interventions:
    • Policy reforms alone can produce sustainable results in the long run. This requires consensus-building across stakeholders with active participation and investment from the government machinery.

What is needed is a nuanced understanding of the role of cash transfers in supplementing and expanding the social safety nets rather than a quick-fix solution guaranteed to deliver political dividends. The costs of such profligacy in the long run are likely to be much more harmful than the short-term benefits they deliver.

Nascent Arbitration Ecosystem in India

Context: The government has proposed an amendment to the Commercial Courts Act 2015 aiming to expedite commercial dispute resolution.

Relevance of the topic:

Prelims: Terms related to Alternate Dispute redressal.

Mains: Analysis of status of Alternate Dispute Redressal in India.

Major Highlights:

  • The government is working to establish dedicated Commercial Courts with jurisdiction and power conferred under Commercial Court Act 2015. 
  • The goal is to:
    • Institutionalise, license and regulate Arbitration in India. 
    • Prompt institutionalisation of the Arbitration Council of India (established under 2019 amendment) to standardise arbitration across the country.  

What is Arbitration? 

  • Arbitration is a method of resolving disputes outside the traditional Court System. It involves neutral third parties, known as arbitrators, agreed upon by the disputing parties. 
  • Key Characteristics of Arbitration:
    • Voluntary in nature involving mutual consent of the parties prior to the contract. 
    • Flexibility as compared to formal court procedures. 
    • Binding and non-binding depending upon the nature of agreement. 
Arbitration

About the Arbitration and Conciliation (Amendment) Bill 2024

  • The bill is drafted to amend the Arbitration Act 1996, as per the recommendations of Justice Srikrishna Committee. 
  • Earlier Amendments in Act of 1996:
    • The 2015 Amendment was aimed to reduce court intervention and make the act more user-friendly. 
    • The 2019 Amendment to create an independent body to grade arbitral institutions named Arbitration Council of India. 
    • The 2021 Amendment to reduce frauds, specify the arbitrators qualifications and promote global competitiveness. 
  • Key Features of the Proposed Bill of 2024:
    • Define Arbitration Institutions as a body that conducts arbitration proceedings under its own rules or as agreed by parties, streamlining the arbitration process. 
    • Recognising Institutions: The bill shifts from grading to recognising the arbitration institutions, focusing on their accreditation and the provision of model procedural rules. 
    • Introduction of Appellate Tribunal: Arbitration Appellate Tribunal to further reduce court interventions in the awards. 
    • Emergency Arbitration provisions for interim relief before the constitution of the arbitral tribunal. 
    • Time limit: The court must decide on arbitration referral within 60 days.

Benefits of the Proposed Amendments

  • Promoting institutionalisation of arbitration procedure in India by addressing loopholes. 
  • Reduce court interventions by proposing appellate tribunal. 
  • Timely conclusion of disputes by proposing time limits for courts to referral for arbitration. 
  • Providing interim relief by providing provision for emergency relief. 

Challenges Associated with Arbitration Ecosystem in India

  • Nascent Institutionalisation: The Arbitration Council of India (ACI), established under the 2019 amendment, became operational only in 2023.  
  • Delay in Awards: Arbitration awards are often delayed due to delay in court referral and appeal in courts. 
  • Lack of Awareness: The arbitration is predominantly utilised by large businesses. Small and medium businesses are still unaware about the process.  
  • Competition: Indian Arbitration faces stiff competition from Singapore's arbitration due to its effectiveness and user-friendly practices. 

Conclusion: Arbitration is the key to address commercial disputes to enhance ease of doing business and reduce judicial pendency. Institutionalisation, hassle free process and quality arbitrators need to be provided to make arbitration effective in India.

Should Assisted Dying be Legalised?

Context: Recently, the House of Commons in the United Kingdom voted in favour of the Terminally Ill Adults (End of Life) Bill to legalise assisted dying. The Bill allows terminally ill patients to request assistance to end their own life. 

India has legalised passive euthanasia (withdrawing life support for terminally ill patients) through the Supreme Court’s ruling.

Relevance of the topic:

Prelims: Assisted dying, assisted suicide and euthanasia. 

Mains: Developments regarding ‘Right to Die with Dignity’.

What are assisted dying, assisted suicide and euthanasia?

1. Assisted Dying:

  • Assisted dying generally refers to a person who is terminally ill receiving lethal drugs from a medical practitioner, where the patient self-administers the medication.
  • Legal status in India: Not recognised or permitted under the Indian law. It is viewed as a form of suicide. 
  • Note:
    • Suicide was decriminalised in India through the Mental Healthcare Act (MHCA), 2017.
    • However, abetting or aiding someone to suicide is punishable under section 306 of the Indian Penal Code (IPC).   

2. Assisted Suicide:

  • Assisted suicide is intentionally helping another person to end their life, including someone who is not terminally ill. That could involve providing lethal medication or helping them travel to another jurisdiction to die.
  • Legal status in India: Prohibited under the Indian law. Assisting someone to suicide is punishable under section 306 of IPC.   

3. Euthanasia: 

  • Euthanasia is the act of deliberately ending a person's life to relieve suffering in which a lethal drug is administered by a physician. Patients may not be terminally ill.
  • There are two types:
    • Voluntary euthanasia where consent is given by a patient.
    • Non-voluntary where a patient cannot consent. (E.g., they are in a coma).
  • Legal status in India:
    • Active Euthanasia: It means killing a patient by active means (injecting a patient with a lethal dose of a drug). Active Euthanasia is illegal in India and a crime under section 302 or section 304 of IPC.
    • Passive Euthanasia: Legal in India. It is the refusal of treatment, or withdrawal of life support, to allow a patient to die. 
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Developments regarding ‘Right to Die with Dignity’

  • Aruna Shanbaug vs. Union of India, 2011: In the landmark judgement, the Supreme Court, issued a set of broad guidelines legalising passive euthanasia in India. Life-sustaining treatment could be legally withdrawn from the persons in vegetative state without decision-making capacity. 
  • Common Cause vs Union of India 2018: SC recognised the right to refuse medical treatment even if it might result in death (i.e., Right to die with dignity) as a fundamental right under Article 21 (Right to life and personal liberty) of the Indian Constitution. It recognised ‘living wills’ or ‘advance medical directive’.  
  • Common Cause vs Union of India 2023: SC simplified the process of executing ‘Advance Medical Directive’ or ‘living wills’ for terminally ill patients. 
  • September 2024: Draft guidelines were published by the Ministry of Health and Family Welfare (MoHFW)  for the ‘Withdrawal of Life Support in Terminally ill Patients’ in compliance with the Supreme Court’s 2018 and 2023 orders on the right to die with dignity.

Also Read: Right to die with dignity

Telecommunications Rules 2024

Context: The Union Government has recently notified the Telecommunications (Procedures and Safeguards for Lawful Interception of Messages) Rules, 2024 empowering some enforcement and security agencies to intercept phone messages under certain conditions. These rules supersede rule 419A of the Indian Telegraph Rules, 1951.

Relevance of the Topic: Prelims- Key aspects of Telecommunications Rules 2024. 

Background: 

  • The Indian Telegraph Rules, 1951 are a set of regulations established under the Indian Telegraph Act, 1885, governing the operation and usage of telecommunication services in India.
  • It includes provisions for message transmission, interception in specific situations, and defining the responsibilities of both service providers and users.
  • A key aspect of the rules is the ability for authorised government agencies to intercept communications under certain emergency and security situations (Section 419A).

Key provisions of Telecommunications Rules, 2024:

  • Authorised authorities: The Union Home Secretary and the Chief Secretary of each state are designated as the competent authorities to order message interceptions. In urgent situations, officers of Joint Secretary rank or Inspector General (IG) level can issue interception orders without prior approval, but they must submit these orders for confirmation within three working days.
  • Operational flexibility: The rules allow interception in "remote areas or for operational reasons" without requiring prior authorization from the competent authority, a significant relaxation from previous stipulations that mandated interception only in "emergent cases".
  • Confirmation requirement: Any interception order issued must be confirmed by the competent authority within seven working days. If not confirmed, any intercepted messages cannot be used for any purpose, including legal evidence.
  • Record Management: Agencies are required to destroy records related to interceptions every six months unless they are needed for ongoing investigations or court orders in order to maintain confidentiality and limit the misuse of intercepted data.

Differences from previous regulations: 

  • Relaxation of interception conditions: The previous requirement that interceptions could only occur in "emergent cases" has been removed. This change allows for broader circumstances such as situations where it is not feasible to obtain prior orders in remote areas or due to operational reasons.
  • Limitation on authorised officers: Previously under Rule 419A, there was no cap on the number of officers at the IGP level who could authorize interceptions, but now, only one second senior-most officer can be authorized alongside the head of the agency.
  • Consequences of non-confirmation: Under the new rules, if an interception order is not confirmed within seven days, any messages intercepted during that period cannot be utilized for any purpose such as evidence in court.

Concerns raised: 

There are concerns regarding privacy and accountability.

  • Potential for misuse: Critics argue that the broad grounds for interception could lead to abuses of power by authorized agencies.
  • Silent about punitive measures: There are no clear punitive measures outlined for unauthorized interceptions conducted before confirmation.
  • Vague terminology: Terms such as "public order" and "friendly relations with foreign States" are seen as overly broad and potentially subject to misuse against political opponents or activists under the guise of national security.

Opinion Trading and the Need for its Regulation

Context: The government is having a strict eye on the Opinion trading platforms, questioning their validity on parameters of 'game of skill’ and 'game of chance’. 

Relevance of the Topic:Mains: GS and Ethics paper; scope of impacts,provisions and opinion on legality. 

Opinion Trading

  • Opinion trading platforms are the applications that seek the opinion of people on diverse fields in 'Yes’ or 'No’. 
  • Allows betting: These apps allow the user to bet some amount and win on the basis of their answer. 
  • Rise in domain: Various applications like Probo and MPL opinion trading are growing by receiving funding or more than 35,000 crores. Also, there is an expansion of the user base, for instance Probo has a user base of more than 5 crore. 

Game of Chance versus Game of Skill

1. Definition:

  • Games of chance are the games whose outcomes are based on luck or random factors, with the minimum influence of players' decision making.
    • Examples: Casino games and Dice games 
    • Legal status in India: These games are considered as gambling and addressed by the State laws. Further, they are heavily taxed and regulated. 
  • Games of skill are the games based on the decision-making, expertise and strategy along with the players knowledge.
    • Examples: Esports and Video games 
    • Legal status: Considered as competitive in nature and are not regulated under gambling regulations. 

Note:

  • India is the fastest growing mobile gaming market and the annual revenue of the overall Indian gaming industry is expected to almost double to $6 billion by 2028 from $3.1 billion in 2023. 
  • Under the 7th Schedule of the Indian Constitution, the States have the authority to regulate the realms of "betting and gambling." Different states of India have enacted their own legislation on betting and gambling.

Debate over Opinion Trading: 

  • Opinion trading as Game of Skill:  
    • Dedicated skill committee: Platforms argue that they have constituted the dedicated skill board to look into the skill required to answer the questions. 
    • International precedences: Countries like the US have a separate regulator for the opinion trading platforms like Kalshi, an opinion trading platform of the US. 
    • Choice of fields: Platforms argue that their questions are majorly based on the politics, sports and major global events that require long-term analysis and experience to answer. 
  • Opinion trading as Game of Chance:
    • Random events: The questions are based on the random events that have no role of skill and decision-making.
      • Example: ‘Will Australia be able to take three wickets in the last over?’ Such questions are random in nature. 
    • Using legal loopholes: The platforms are using legal voids to avoid the regulations.
      • Example: Platforms lack questions based on Stock market to avoid SEBI regulations. 
    • Uncontrollable circumstances: The results of the events asked are beyond a person's ability to predict and influence, making it a chance based domain.   

Legal status on Opinion Trading in India: 

  • There is no dedicated regulatory body to regulate opinion trading. Though certain aspects of applications fall under the purview of the IT Ministry. 

Way Forward

  • Dedicated regulator: A dedicated regulator can help in reducing the arbitrariness in the domain of Opinion Trading. 
  • Learning from international experiences: India can learn from the nations like the US to regulate the Opinion trading by defining the do's and don'ts. 
  • Public guidelines: The IT Ministry and the Finance Ministry can issue guidelines for the public to make them aware about the risks associated with such platforms.

Conclusion: Regulating opinion trading in India is crucial to ensure transparency and safety of public money. Clear guidelines, stringent monitoring and robust penalties can curb the manipulations and misinformation. A balanced approach fostering market innovation, ease of doing business and prompt regulation by the government can ensure a fair market for consumers and investors of such applications. 

Why Centre wants states to make snakebites notifiable disease?

Context: The Union Health Ministry has urged states to make snakebites a notifiable disease. 

Relevance of the Topic: Prelims- Notifiable diseases; Some basic facts about Snakebites. 

Major Highlights: 

  • Snakebites are a major public health challenge in the country. Some three to four million cases of snakebites are reported every year, and an estimated 58,000 persons die because of them annually. 
  • Earlier in 2024, the Central government launched the National Action Plan for Prevention and Control of Snakebite Envenoming (NAPSE) with the aim of halving snakebite deaths by 2030. NAPSE recommended that snakebites should be made a notifiable disease.

Which types of diseases are considered notifiable?

  • Notifiable disease is a disease that is legally required to be reported to the government by both private and public hospitals.
  • State governments are responsible to declare a disease as a notifiable disease, and the list of notifiable diseases differs from state to state.
    • Registered medical practitioners must notify such diseases, typically in a standard form within three days, or notify verbally via phone within 24 hours if urgent. 
    • Every government hospital, private hospital, laboratory, and clinic will have to report cases of the disease to the local government authorities.
    • Any failure to report a notifiable disease is a criminal offence and the state government can take necessary actions against defaulters.
  • Usually, diseases are declared notifiable if they:
    • Have the potential to cause an outbreak
    • Leads to significant mortality
    • Require rapid investigation and public health action. 
  • Notifiable diseases in India: Cholera, diphtheria, encephalitis, leprosy, meningitis, pertussis (whooping cough), plague, tuberculosis, AIDS, hepatitis, measles, yellow fever, malaria, dengue.

Why is snakebite considered a ‘disease’?

  • Snakebites can lead to acute medical emergencies that require immediate care. They can cause severe paralysis that can prevent breathing, can lead to a fatal haemorrhage, and damage different tissues.
  • Snakebites need to be treated with antivenoms to prevent death and severe symptoms.

Which snakes can be fatal?

  • There are more than 310 species of snakes in India — 66 of them are venomous and 42 are mildly venomous. 
  • Almost 90% of snakebites in the country are caused by the ‘Big Four’ — the Indian cobra, common krait, Russell’s viper, and saw-scaled viper.
    • The commercially available polyvalent antivenom contains venom from all four species, and is effective against 80% of snakebites.
  • Most snakebites happen in densely populated, low-altitude, agricultural areas in states including Bihar, Jharkhand, Madhya Pradesh, Odisha, Uttar Pradesh, Andhra Pradesh, Telangana, Rajasthan, and Gujarat.

Why does the Centre want snakebites to be made notifiable?

  • To strengthen snakebite surveillance:
    • Making snakebites notifiable is expected to lead to proper surveillance, and to help determine the precise numbers of snakebite cases and deaths across India.
    • The government can then use this information to effectively manage, prevent, and control cases of snakebites. 
    • Adequate antivenoms can be provided to various regions, and proper training can be imparted in areas where snakebites are frequent.

What are the challenges of treating snakebites?

  • Inadequate Treatment: 
    • Snakebite victims either do not reach a healthcare centre in time or many reach out to faith-based healers instead. 
    • In many cases, staff at healthcare centres are not adequately trained in treating snakebites. 
    • Tests for confirming snakebites are also not available.
  • Limitations of Anti-venoms: 
    • The venom used to make the antivenom in India mostly comes from snakes caught by the Irula tribe, who live in Tamil Nadu, Karnataka, and Kerala. However, venom from the same type of snake can vary depending on the region, making the antivenom less effective in other areas. 
    • Commercially available antivenom does not work against some local snake species. E.g., green pit viper in the Northeast.  
    • Antivenoms themselves can cause various reactions. 
  • Challenges in Venom collection:
    • Experts have suggested setting up zonal venom collection banks across the country to develop antivenoms that can cover the regional differences. However, The Wild Life (Protection) Act, 1972, limits access to snakes, making it difficult to set up such banks.

Note: 

Researchers are now developing artificially produced antibodies that can help neutralise the toxins across various snake species. They are also looking at artificially designed peptides to fight the toxin.

RBI develops AI tool to detect Mule Accounts

Context: The Reserve Bank of India (RBI) has created an artificial intelligence (AI) powered model ‘MuleHunter.AI’ that could reduce digital fraud by helping banks deal with the increasing problem of “mule” bank accounts. 

Relevance of the Topic: Prelims- Mule Accounts; MuleHunter.A; RBI’s Initiatives. 

What are Mule Accounts?

  • A mule account refers to a bank account that is used by criminals to launder illicit funds. Such accounts are often set up by individuals who are either unknowingly recruited through promises of easy money or coerced into participating in illegal activities. 
  • While high valued transactions are routinely screened as per the Prevention of Money Laundering Act (PMLA), mule accounts are very difficult to track.
Mule Accounts

Who is the Money Mule?

  • Money Mule is a term used to describe innocent victims who are duped by fraudsters into laundering stolen/ illegal money via their bank account(s).
  • When such frauds are reported, the money mule becomes the target of police investigations because it is their accounts that are involved, while the actual criminals remain undetectable. 
Who is the Money Mule?

What is MuleHunter.AI?

  • MuleHunter.AI is an AI-model that enables detection of mule bank accounts being used for committing financial frauds. 
  • Developed by: Reserve Bank Innovation Hub (RBIH), Bengaluru (a subsidiary of the RBI). 
  • The tool has undergone successful pilot testing at two public sector banks that has yielded encouraging results. 
  • Benefits: As compared to conventional rule-based systems, advanced machine learning algorithms can anticipate mule accounts more quickly and accurately by analysing datasets pertaining to transactions and account details.

RBI's measures against Financial Frauds:

As reported by the National Crime Records Bureau (NCRB), online financial frauds make up 67.8% of cybercrime complaints, underscoring the urgent demand for AI-powered fraud prevention solutions. Mule bank accounts are seen as a key element in the majority of online financial frauds in India.

  • RBI has issued the Revised Master Directions on Fraud Risk Management (July 2024) in Commercial Banks (including Regional Rural Banks) and All India Financial Institutions (AIFIs).
    • Early detection of frauds through a robust framework for Early Warning Signals (EWS) and Red Flagging of Accounts (RFA). Integrate EWS with their Core Banking Solutions to monitor transactions effectively.
    • External and Internal Audit can be conducted on red-flag accounts.
    • Banks to report payment system related disputes, suspected or attempted fraudulent transactions to Central Payments Fraud Information Registry maintained by RBI.
      • The Central bank has fixed a threshold of Rs 1 crore above which banks have to report fraud incidents to state police. 
      • Private banks have to report frauds above Rs 1 crore to the Serious Fraud Investigation Office and the Ministry of Corporate Affairs.
      • Public sector banks have to report frauds over Rs 6 crore to the Central Bureau of Intelligence (CBI). 
    • Banks are required to constitute a ‘Special Committee of the Board for Monitoring and Follow-up of cases of Frauds’. It would comprise of minimum three members to monitor, review and propose risk management framework for reducing cases of fraud.
RBI fraud policy
  • RBI is running a hackathon on the theme “Zero Financial Frauds”, to encourage development of innovative solutions to tackle financial frauds, particularly mule accounts.

The RBI's measures aim to strengthen the banking system's resilience against financial fraud and ensure better protection for customers against the misuse of their accounts.