AMIGOS IAS Daily Current Affairs (10^th July 2024)

ANI slapped a defamation case against Wikipedia

GS 2: Polity and Governance: Defamation case

Why is it in the news?

• Asian News International (ANI) has filed a lawsuit against Wikipedia in the Delhi High Court, claiming that allegedly defamatory content on ANI’s Wikipedia page has damaged its reputation and credibility.
• ANI is seeking Rs 2 crore in damages, arguing that edits made in April to correct the content were reversed in May to harm the news agency.

More about the news

• Wikipedia, a collaborative open-source platform, does not produce its content; users contribute to the website. ANI’s suit targets Wikipedia to hold the intermediary liable rather than the individual editors. ANI contends that Wikipedia is a significant social media intermediary under Section 2(1)(w) of the Information Technology Act, 2000, which includes entities that store or transmit data on behalf of others.
• Though Section 79 of the IT Act provides a “safe harbour” clause, protecting intermediaries from liability for third-party content if they do not initiate, select the receiver, or modify the content and adhere to the Intermediary Guidelines and Digital Media Ethics Code of 2021, However, these guidelines require intermediaries to establish a grievance redressal mechanism and appoint specific officers. Further, protection under Section 79(3) is void if intermediaries fail to remove or disable access to problematic content when informed by the government.
• Legal Precedents: The Supreme Court has previously dismissed similar petitions, suggesting plaintiffs edit Wikipedia articles themselves or seek other legal remedies. For instance, in October 2022, the court dismissed a petition by the Ayurvedic Medicine Manufacturers Organisation of India over alleged defamatory content on Wikipedia. Additionally, in January 2023, the court cautioned against using Wikipedia as a primary source for legal dispute resolution, noting its crowd-sourced nature could lead to misinformation.

About Open Source:

• Open Source: Refers to software or projects whose design is publicly accessible, allowing people to modify and share them.
• Underlying Principles : Open source initiatives are guided by several core principles:
• Open Exchange: Free sharing of ideas and information.
• Collaborative Participation: Encouraging contributions from a wide range of participants.
• Rapid Prototyping: Quickly developing and iterating on ideas.
• Transparency: Maintaining openness in processes and decision-making.
• Meritocracy: Valuing contributions based on their merit.
• Community-Oriented Development: Fostering a strong, supportive community around the project.

About IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021:

• The IT Rules, 2021 were notified by the Ministry of Electronics and Information Technology in February 2021. They outline the due diligence required by intermediaries (including social media intermediaries) in their operations, establish a Grievance Redressal Mechanism, and set forth a Digital Media Code of Ethics.

Due Diligence for Intermediaries:

• Publication of Policies: Intermediaries must prominently publish their rules, regulations, privacy policy, and user agreement on their website or mobile application.
• Content Regulation: The rules specify categories of content that users are prohibited from uploading or sharing.
• User Notification: Intermediaries must periodically (at least once a year) inform users of their rules, regulations, privacy policy, or any changes thereto.

Grievance Redressal Mechanism:

• Intermediaries must publish the name and contact details of their Grievance Officer on their website or mobile application.
• Complaint Mechanism: A system must be provided for users or victims to file complaints regarding violations of the rules or other issues related to the intermediary’s computer resources.
• Resolution Timeline: The Grievance Officer must acknowledge complaints within 24 hours and resolve them within 15 days of receipt.

Additional Due Diligence for Significant Social Media Intermediaries (SSMIs):

• The 2021 Rules define – Social media intermediaries are defined as platforms enabling online interaction between users. Those with users above a notified threshold are classified as SSMIs.
• Compliance Officers: SSMIs must appoint a Chief Compliance Officer responsible for ensuring compliance with the Act and a nodal contact person for 24×7 coordination with law enforcement agencies.

Identification of the First Originator of Information

• Messaging Services: SSMIs that provide messaging services (e.g., WhatsApp) must enable the identification of the first originator of information within India on their platform.

Ensuring Online Safety and Dignity of Users:

• Intermediaries must remove or disable access to content within 24 hours of receiving complaints about material that exposes private areas, depicts individuals in full or partial nudity, involves sexual acts, or includes impersonation through morphed images.
• Such complaints can be filed by the affected individual or on their behalf by another person.

Oversight Mechanism

• Ministry’s Role: The Ministry of Information and Broadcasting will establish an oversight mechanism, publish a charter for self-regulating bodies, and include Codes of Practices.
• An Inter-Departmental Committee will be set up to hear grievances.

Practise MCQ:

Consider the following: (UPSC – 2022)

1. Aarogya Setu

2. COWIN

3. DigiLocker

4. DIKSHA

Which of the above are built on top of open-source digital platforms?

(a) 1 and 2 only

(b) 2, 3 and 4 only

(c) 1, 3 and 4 only

(d) 1, 2, 3 and 4

Answer:D

High Seas Treaty and India’s Commitment

GS 2: International Relations: High Seas Treaty

Why is it in the news?

• The Indian government announced its plan to soon sign and ratify the High Seas Treaty, a new international agreement designed to maintain the ecological health of the oceans.
• Negotiated last year, the treaty aims to reduce pollution and promote the conservation and sustainable use of marine biodiversity and resources in ocean waters.
• High seas, or areas outside any country’s national jurisdiction, are the focus of this treaty, which is formally known as the Agreement on Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ).

About the UN High Seas Treaty:

• The UN High Seas Treaty, also known as the Biodiversity Beyond National Jurisdiction (BBNJ) agreement, represents a crucial international initiative within the framework of the United Nations Convention on the Law of the Sea (UNCLOS) which was adopted in 1982 and became effective in 1994, governing global ocean management and resource utilization.
• Significance: The BBNJ agreement aims to enhance global cooperation beyond national boundaries to protect and sustainably manage biodiversity in the high seas, filling gaps in existing frameworks to ensure conservation and responsible use of ocean resources.
• This supports the 30×30 goal, a global pledge to conserve at least 30% of Earth’s ecosystems by 2030, agreed upon at the CBD COP15 and integrated into the Kunming-Montreal Global Biodiversity Framework.
• Focus: It addresses the limitations of UNCLOS in safeguarding the extensive areas of ocean beyond national jurisdiction, comprising approximately two-thirds of Earth’s marine surface.
• Current Status: The treaty will enter into international legal force 120 days after at least 60 countries formally ratify it; currently, 91 countries have signed, with only eight having completed ratification.
• India has decided to sign and ratify the High Seas Treaty.

More about the news

• India, like most nations, participated in nearly 20 years of negotiations leading to the treaty’s finalization last year. Ninety-one countries have already signed the treaty, with eight having ratified it.
• The High Seas Treaty is often compared to the 2015 Paris Agreement on climate change in terms of its significance and potential impact.
• The treaty addresses oceans beyond national jurisdictions, typically extending up to 200 nautical miles from coastlines, known as exclusive economic zones (EEZs). Beyond these EEZs lie the high seas, which constitute about 64% of the total ocean area and are considered global commons. These areas, belonging to no one and accessible to all for navigation, economic activities, and research, often suffer from overexploitation, biodiversity loss, and pollution due to a lack of responsibility.
• The 1982 UN Convention on Laws of the Seas (UNCLOS) provides a comprehensive international legal framework for ocean governance, defining nations’ rights and duties regarding ocean activities. While UNCLOS outlines principles for equitable access, usage, and conservation of ocean resources, it does not specify how these objectives should be achieved. The High Seas Treaty will serve as an implementing agreement under UNCLOS, addressing these gaps.

About United Nations Convention on the Law of the Sea (UNCLOS), 1982:

• The UNCLOS, 1982 is a pivotal international agreement governing marine and maritime activities. It entered into force on November 16, 1982, establishing a comprehensive legal framework.
• It categorizes marine areas into Internal Waters, Territorial Sea, Contiguous Zone, Exclusive Economic Zone (EEZ), and the High Seas.
• Legal Framework: UNCLOS is unique as it outlines state jurisdiction over maritime spaces, offering distinct legal statuses to different zones.
• India signed the Convention in 1982 and ratified that in 1995.

• The treaty aims to achieve three main objectives: conservation and protection of marine ecology, equitable sharing of benefits from marine genetic resources, and mandatory environmental impact assessments for potentially harmful activities. A fourth objective focuses on capacity building and the transfer of marine technologies to developing countries, enabling them to utilize ocean benefits while contributing to conservation efforts.
• The treaty seeks to protect marine ecology through the creation of Marine Protected Areas (MPAs), where activities will be regulated to support conservation efforts. The treaty also ensures equitable sharing of benefits from ocean resources, recognizing the potential commercial value of marine organisms for drug discovery and other uses. Furthermore, it mandates prior environmental impact assessments (EIAs) for potentially polluting or damaging activities, which must be made public.

About Marine Protected Areas (MPAs):

• MPA’s are designated ocean regions managed to conserve marine resources, ecosystem services, or cultural heritage, often by limiting or prohibiting certain activities.
• They support climate change adaptation and other ecosystem services, with varying levels of protection and allowances for human activities.
• Currently, MPAs cover about 6.35% of the ocean, but less than 2% are fully no-take zones prohibiting all extractive activities like fishing, mining, and drilling.

About Environmental Impact Assesment:

• The United Nations Environment Programme (UNEP) defines Environmental Impact Assessment (EIA) as a crucial tool used to assess environmental, social, and economic impacts of projects before decisions are made.
• It aims to predict and mitigate adverse effects, tailor projects to local conditions, and present findings to decision-makers.
• In India, EIA is mandated by the Environment Protection Act, 1986, covering projects like mining, thermal power plants, infrastructure, and industries, requiring environmental clearance as per specified methodologies and processes.

Conclusion

• The High Seas Treaty will come into force once 60 countries ratify it, becoming international law 120 days after the 60th ratification. Ratification involves a country agreeing to be legally bound by the treaty’s provisions, typically requiring legislative consent or executive approval. While signing the treaty indicates agreement with its provisions, a country is not legally bound until it ratifies the treaty.
• Countries that sign but do not ratify the treaty are not considered parties to it. For instance, the United States signed the Kyoto Protocol but did not ratify it due to the Senate’s lack of approval. India’s decision to sign and ratify the High Seas Treaty reflects its commitment to ocean conservation and the sustainable use of marine resources, aligning with global efforts to protect the marine environment.
• Moving forward, achieving the treaty’s entry into force and effective implementation hinges on coordinated global efforts, with the upcoming United Nations Ocean Conference in 2025 poised as a pivotal platform for advancing these goals.

Practise MCQ:

With reference to the United Nations Convention on the Law of Sea, consider the following statements: (UPSC – 2022)

1. A coastal state has the right to establish the breadth of its territorial sea up to a limit not exceeding 12 nautical miles, measured from baseline determined in accordance with the convention.

2. Ships of all states, whether coastal or land-locked, enjoy the right of innocent passage through the territorial sea.

3. The Exclusive Economic Zone shall not extend beyond 200 nautical miles from the baseline from which the breadth of the territorial sea is measured.

Which of the statements given above is/are correct?

(a) 1 and 2 only

(b) 2 and 3 only

(c) 1 and 3 only

(d) 1, 2 and 3

Answer: D

India, Russia to boost bilateral trade to $100 billion by 2030

GS 2: International Relations: India-Russia

Why is it in the news?

• Prime Minister Narendra Modi and Russian President Vladimir Putin convened in Moscow for their 22nd Annual Summit, setting a goal to elevate bilateral trade to $100 billion by 2030 using national currencies amid Western sanctions.
• During the Annual Summit, Prime Minister Modi and President Putin will review the whole range of bilateral issues, including defence, trade linkages, investment ties, energy cooperation, education, culture, and people-to-people exchanges.
• Further, they addressed the Ukraine conflict, endorsing peaceful resolutions and appreciating mediation efforts.

More about the news

• Modi urged for an end to civilian casualties, responding to criticism from Kyiv and Washington about their meeting’s timing. He emphasized that battlefield solutions won’t resolve conflicts like Ukraine, leaving Moscow “with hope” after talks with Putin.
• Acknowledging Russia’s support during crisis, Modi thanked Putin and highlighted joint efforts in Russia’s Far East development. They outlined a joint vision for economic cooperation, focusing on removing trade barriers, enhancing connectivity, and boosting sectors such as energy and infrastructure.
• Several MoUs on climate change, polar research, and legal arbitration were signed, alongside plans for new Indian consulates in Kazan and Yekaterinburg.
• The bilateral trade target aims to build on existing $65 billion trade, driven by Indian imports of Russian crude amid U.S. and EU sanctions. Discussions also included defense ties, with plans for co-production ventures like assault rifles.
• Putin honoured Modi with Russia’s highest civilian honour the order of St. Andrew the Apostle, and invited him to the upcoming “Extended BRICS” summit in Kazan, featuring new members.

Putin accepts PM Modi’s request to release Indian military recruits

• Russian President Vladimir Putin has agreed to Indian Prime Minister Narendra Modi’s request to release Indian military recruits serving on the Ukraine warfront.
• This decision, made following Modi’s direct intervention, aims to allow those wishing to return to India to do so within the coming weeks.  
• The issue, which had been raised by the Indian Embassy in Moscow and discussed by External Affairs Minister S. Jaishankar with Russian Foreign Minister Sergey Lavrov at the SCO Summit, saw Modi strongly advocate for the return of all Indian military recruits from Russia.
• The recruitment process, which reportedly attracted Indian men with promises including high salaries and residency papers, has been a subject of increasing pressure on the Indian government.
• Initially brought to light by Hyderabad MP Asaduddin Owaisi, who highlighted cases from his constituency, the matter gained attention after revelations that around 50 Indian men were deployed, with four reported casualties.
• In response to calls for intervention, the Indian Ministry of External Affairs acknowledged the issue and facilitated the return of some individuals who contacted the Embassy directly.
• The Kremlin, meanwhile, explained that foreign recruitment adheres to legal procedures and involves thorough assessments. Nepal, among other countries, has also sought similar repatriations for its nationals engaged in similar roles in Russia.

India, Russia call for ‘zero tolerance’ to terrorism

• India and Russia, following their summit in Moscow on July 9, jointly called for a “zero tolerance” stance against terrorism, emphasizing the need for an uncompromising global effort to combat terrorism in all its forms.
• They condemned recent terrorist attacks, including in Jammu and Kashmir, and underscored the importance of enhancing international cooperation without double standards, particularly targeting cross-border terrorism and terror financing networks.
• The leaders affirmed their commitment to implementing UN Security Council and General Assembly resolutions on counter-terrorism and stressed the adoption of the Comprehensive Convention on International Terrorism.
• They highlighted that terrorism should not be associated with any religion or nationality and reiterated the importance of holding perpetrators accountable under international law.
• Additionally, they praised the Delhi Declaration on countering terrorist use of new and emerging technologies, emphasizing cooperation in combating transnational organized crime, money laundering, and drug trafficking.
• The summit also addressed concerns about Afghanistan, advocating for its independence, unity, and peace, free from terrorism and drug trafficking, while expressing deep concern for humanitarian issues in Gaza and supporting Palestine’s UN membership and the two-state solution.

About Delhi decalration:

• India reached a significant milestone at the G20 Summit 2023 with Prime Minister Narendra Modi announcing the adoption of the New Delhi Leaders’ Summit Declaration, which took place in New Delhi on September 9-10, 2023, revolved around the theme of ‘Vasudhaiva Kutumbakam.‘
• The declaration noted with deep concern the immense human suffering and the adverse impact of wars and conflicts around the world.
• Security Council Counter-Terrorism Committee adopts Delhi Declaration, on countering the use of new and emerging technologies for terrorist purposes.

Anusuya to Anukathir Surya: Centre Allows IRS officer’s gender and name change

GS 1: Society: Gender equality/Inclusivity

About the news

• The central government has granted approval to a Hyderabad-based Indian Revenue Service (IRS) officer, M Anusuya, to change both their name and gender.
• Anusuya, currently serving as Joint Commissioner at the Customs Excise and Service Tax Appellate Tribunal in Hyderabad, will now be officially recognized as Mr. M Anukathir Surya, according to an office order from the Ministry of Finance’s Department of Revenue.
• This decision follows a series of progressive steps in Hyderabad regarding gender inclusivity.
• Previously, NALSAR University allowed a law student to use the honorific prefix ‘Mx’ instead of ‘Ms’ in their graduate certificate in 2015.
• More recently, in 2022, Osmania General Hospital supported Dr. Ruth Paul John, who became the first transgender doctor pursuing post-graduation in India’s MD Emergency Medicine program, highlighting increasing efforts towards inclusivity in the region.

Supreme Court to hear review pleas on same-sex marriage

GS 2: Polity and Governance: Same-sex marriage Case

Why is it in the news?

• On July 10, a five-judge Bench led by Chief Justice of India D.Y. Chandrachud is set to hear review petitions challenging the Supreme Court’s October 2023 decision that declined to legalize same-sex marriage.
• The hearing will take place in chambers rather than in an open courtroom, despite calls from senior advocates highlighting the public interest involved.

More about the news

• The review petitions argue that the Supreme Court’s earlier verdict forced queer couples to conceal their identities and lead dishonest lives, denying them the opportunity for legal recognition and the joys of family life. They criticize the judgment for acknowledging discrimination faced by queer partners while leaving them without judicial recourse, deferring instead to governmental and legislative discretion.
• In its October 2023 ruling, the apex court declined to intervene legislatively, asserting that Parliament should decide on the legality of same-sex marriage. The majority opinion disagreed with Chief Justice Chandrachud’s stance that civil union status should be considered, arguing it lacked statutory backing. Petitioners contend that the judgment contradicts itself, particularly in its interpretation of marriage under the Special Marriage Act of 1954, which they argue should include same-sex unions.
• The Special Marriage Act of 1954 offers a civil marriage option for couples who are unable to marry under their personal laws.
• Emphasizing that the right to marry is a fundamental right, the review petitions assert that no state action or legislative omission should curtail this right. They highlight that the exclusion of same-sex marriages under the 1954 Act dates back to a period when homosexuality was criminalized, underscoring the need for the judiciary to rectify historical injustices.
• Moreover, petitioners argue that the Supreme Court’s earlier decision fell short of its constitutional obligations towards queer couples, despite its pivotal role in decriminalizing homosexuality. They urge the court to reconsider its judgment to uphold principles of equality, dignity, and fraternity for the queer community.
• The outcome of the review hearing could significantly impact the legal recognition of same-sex marriages in India, underscoring the broader implications for civil rights and judicial interpretation.

Additional Infromation:

Arguments Against Same-Sex Marriage:

• Religious Definitions: Many religions define marriage as between a man and a woman, and the Special Marriage Act, 1954 was designed to address limitations of religious laws, not create new marriage definitions.
• State Interest: The state has a legitimate interest in regulating marriage, including laws on age, prohibited degrees, and divorce, asserting that marriage is not an absolute right and subject to state laws. .
• Violation of Fundamental Rights: While privacy is fundamental right recognised by Supreme Court in K.S. Puttaswamy vs Union of India (2017, marriage has public dimensions beyond consenting adult relationships, impacting societal norms.
• Legislative Authority: Only Parliament should decide on same-sex marriage due to potential legal complexities and implications for existing laws.
• Interpretation of Law: The Special Marriage Act may not accommodate same-sex marriages without significant legal reinterpretation, posing challenges in rights allocation and legal frameworks.
• For example, the Act provides specific rights to a wife, and it’s unclear who would have these rights in a same-sex marriage.
• Adoption Concerns: Adoption by queer couples may face societal stigma and impact children’s well-being in contexts where LGBTQIA+ acceptance is not universal.
• Gendered Terms: Gender-specific terms in existing laws and social structures could complicate legal recognition and societal acceptance of same-sex marriages.
• For example, Mother = Father and Wife = Husband.

Arguments in Favor of Same-Sex Marriage:

• Surrogacy: Concerns that same-sex marriage will end the human race are unfounded, as adoption offers a viable solution for queer couples seeking to raise children.
• Marriage as a Fundamental Right: Marriage equality is crucial for less economically privileged individuals who need legal protection, as highlighted by cases like Leela and Urmila’s for getting married and the discriminatory treatment in 1987.
• Extension of Special Marriage Act: The Special Marriage Act should be amended to include queer Indians using gender-neutral language like “spouse,” ensuring equal marriage rights without special provisions.
• Cohabitation as a Fundamental Right: Recognizing cohabitation as a fundamental right, as suggested by the Chief Justice of India, would provide security and welfare benefits to same-sex couples without necessarily labeling it as marriage.
• Assimilation of Same-Sex Couples: Assimilating same-sex couples into society, post the decriminalization of Section 377, acknowledges their existence and addresses practical issues such as joint finances and entitlements.
• Indian Culture and Value System: Despite traditional challenges, legal recognition of same-sex marriage enriches societal diversity and respects individual relationships.
• Human Dignity: Upholding dignity, affirmed in cases like Navtej Singh Johar vs. Union of India, ensures that same-sex couples can lead dignified private lives free from discrimination.
• Complexity of Gender: The Supreme Court acknowledges the complexity of gender beyond biological aspects, emphasizing that gender identity is not solely defined by anatomy.
• Rights Denied: Denying same-sex couples marriage rights denies them essential legal benefits like tax benefits, medical rights, inheritance, and adoption, crucial for their well-being and equality.

Way Forward:

• Raise Societal Awareness and Combat Stigma: Conduct targeted awareness campaigns to educate the public about the challenges faced by LGBTQ+ individuals, aiming to dispel stereotypes and promote acceptance.
• Promote Role Models: Highlight prominent LGBTQ+ individuals who can serve as positive role models, sharing their experiences to foster understanding and support in society.
• Legal Framework Against Discrimination: Advocate for comprehensive legal reforms to amend laws related to property, adoption, inheritance, and other areas to establish an anti-discrimination framework ensuring equality for LGBTQ+ individuals.
• Educational Campaigns: Implement educational initiatives to promote equality and acceptance of all sexual orientations, aiming to broaden public opinion positively towards the LGBTQ+ community.
• Reform Special Marriage Act: Amend the Special Marriage Act to allow same-sex couples to legally marry and access equal rights and benefits, possibly through contractual agreements initially if full marriage is not immediately feasible.
• Engage with Religious Communities: Facilitate constructive dialogues with religious leaders and communities to bridge the gap between traditional beliefs and modern attitudes on same-sex relationships.
• Legal Challenges: Support legal efforts challenging existing laws that prohibit same-sex marriage, aiming to establish legal precedents that support the legalization of such marriages in India.

Conclusion:

In conclusion, legalizing same-sex marriages in India is essential to protect the fundamental rights and dignity of all citizens. Achieving this requires legal reforms, public awareness, and support from influential figures. With combined efforts from the LGBTQIA+ community, government, civil society, and religious leaders, we can create an inclusive society where everyone has the right to love and marry whomever they choose.

Thirty Meter Telescope

GS3: Science and Technology: Astronomy

Why is it in the news?

• Indian scientists have recently unveiled a groundbreaking tool designed to support the Adaptive Optics (AO) system of the Thirty Meter Telescope (TMT), a pioneering ground-based telescope slated to become operational in the next decade.
• This tool aims to address the challenge of atmospheric distortion, which significantly affects the clarity of astronomical observations, especially for large telescopes like the TMT.

More about the news

• The TMT’s AO system, known as NFIRAOS (Narrow Field Infrared Adaptive Optics System), will utilize a Laser Guide Star (LGS) facility to create artificial guide stars in the sky. However, atmospheric turbulence can distort these laser beams, making it challenging to accurately measure and correct for these effects. To counteract this, the AO system relies on Natural Guide Stars (NGS) — actual stars within the sky that serve as reference points for calibration.
• Ensuring the availability of suitable NGS across the entire sky is critical for the TMT’s performance. The tool developed by Indian researchers, based at the Indian Institute of Astrophysics (IIA) in Bengaluru, addresses this need by creating a comprehensive catalogue of Near Infrared (NIR) stars. This catalogue is essential as it predicts the near-infrared magnitudes of stellar sources identified in optical sky surveys, using innovative computational techniques.
• The research team leveraged data from the PAN-STARRS telescope and validated their predictions against the UKIDSS survey data, achieving an impressive accuracy rate of over 85% in their NIR magnitude estimations. This level of precision ensures that the TMT’s AO system can effectively identify and use NGS for calibration purposes, even in regions of the sky where natural guide stars are scarce.
• India’s involvement in the TMT project is significant, with multiple institutes including IIA, IUCAA Pune, and ARIES Nainital collaborating through the India-TMT Coordination Center (ITCC). This initiative underscores India’s commitment to advancing ground-based astronomy and its capability to contribute cutting-edge technologies to global scientific endeavours.