LC Legal Feed Annual Edition 2021

LAW CHRONICLES
LEGAL FEED
Annual Edition 2021
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INDEX
1) FARMERS PROTEST +FARM BILLS

2) ARTICLE 311
3) IT RULES 2021
4) CRYPTOCURRENCY AND REGULATION OF OFFICIAL DIGITAL CURRENCY BILL
5) DELIMITATION COMMISION
6) UNLAWFUL ACTIVITIES ACT
7) MARATHA RESERVATION AND SUPREME COURT
8) E COMMERCE RULES
9) ANTI CONVERSION LAWS
10) ARMED FORCES SPECIAL POWER ACT
11) VOTING RIGHTS OF NRI
12) CTIZENSHIP AMENDMENT ACT
13) PMCARES
14) DNA TECHNOLOGY REGULATION BILL
15) UP POPULATION CONTROL BILL
16) SEDITION 124A
17) RIGHT TO FORGOTTEN
18) ANTI TRAFFICKING BILL
19) SUB CATEGORIZATION OF OBCs
20) SC TO CLOSE CASE AGAINST ITALIAN MARINES

FARMERS PROTEST +FARM BILLS
Introduction
The Government with the aim of transforming agriculture in the country and raising
farmers’ income have passed three important legislation from Parliament.
These legislations sought to bring much needed reforms in the agricultural marketing
system such as removing restrictions of private stock holding of agricultural produce or
creating trading areas free of middlemen and take the market to the farmer.
o The Farmers' Produce Trade and Commerce (Promotion and Facilitation) Act, 2020,
o The Farmers (Empowerment and Protection) Agreement of Price Assurance and Farm
Services Act, 2020,
o Essential Commodities (Amendment) Act, 2020.
The Farmers' Produce Trade and Commerce (Promotion and

Facilitation) Act, 2020
Features
Freedom to the Farmers: The Act provides the farmers the freedom of choice related to
sale and purchase of produce.
Liberation from the Cess: The farmers will not be charged any cess or levy for sale of their
produce under this Act. Further there will be a separate dispute resolution mechanism for
the farmers.
Benefits
Promotes trade: It promotes barrier-free inter-state and intra-state trade and commerce
outside the physical premises of markets notified under State APMCs.
Better price: It will open more choices for the farmer, reduce marketing costs for the
farmers and help them in getting better prices
One nation, one market: The Act will help create One India, One Agriculture Market and
will lay the foundation for ensuring golden harvests for our hard working farmers.

The Farmers (Empowerment and Protection) Agreement of Price
Assurance and Farm Services Act, 2020
Feature
Aims to provide for a national framework on farming agreements that protects and
empowers farmers to engage with agri-business firms, processors, wholesalers, exporters
or large retailers for farm services
Benefits
Level playing field: The new legislation will empower farmers for engaging
with processors, wholesalers, aggregators, wholesalers, large retailers, exporters etc., on
a level playing field without any fear of exploitation.
Transfers the risk: It will transfer the risk of market unpredictability from the farmer to
the sponsor and also enable the farmer to access modern technology and better inputs.
Attracts private sector: This legislation will act as a catalyst to attract private sector
investment for building supply chains for supply of Indian farm produce to national and
global markets, and in agricultural infrastructure.
Eliminates intermediaries: Farmers will engage in direct marketing thereby eliminating
intermediaries resulting in full realization of price.
Amendments to Essential Commodities Act (1955)
Background
India has become surplus in most agri-commodities but farmers have been unable to get
better prices due to lack of investment in cold storage, processing and export.
The imposition of the curbs on stocking of farm produce and regulation of the prices of
commodities, etc. under Essential Commodities Act (ECA) are some of factors responsible
for less entrepreneurial spirit and thus less investment in the farm sector.
Benefits of Amendments
The amendment would deregulate the commodities such as cereals, edible oils, oilseeds,
pulses, onions and potatoes. It will help to lessen the fears of private investors of
excessive regulatory interference in their business operations.
o Any limits under ECA over these commodities will be imposed only in exceptional
circumstances such as war, famine, extraordinary price rise and natural calamity.

o The freedom to produce, hold, move, distribute and supply will lead to harnessing
economies of scale and attract private sector/foreign direct investment into the
agriculture sector.
▪ It will help drive up investment in cold storages and modernization of the food
supply chain.
o The amendment is expected to help both farmers and consumers while bringing in
price stability.
o It will also create a competitive market environment and also prevent wastage of
agri-produce that happens due to lack of storage facilities.
o It is considered as a step towards transformation of agriculture and raising farmers’
income.
Significance of these Acts

The reforms are expected to accelerate growth in the sector through private sector
investment in building infrastructure and supply chains for farm produce in national and
global markets.
They are intended to help small farmers who don’t have means to either bargain for their
produce to get a better price or invest in technology to improve the productivity of farms.
The legislation on contract farming will allow farmers to enter into a contract with agri-
business firms or large retailers on pre-agreed prices of their produce.
It will also help farmers of regions with surplus produce to get better prices and
consumers of regions with shortages, lower prices.
It will promote the creation of Farmer Producer Organisations (FPO) on a large scale and
will help in creating a farmer-friendly environment for contract farming where small
players can benefit.
Competition is the best protector of stakeholders whether it is consumer or the farmers.
Having a variety of buyers will protect farmers from exploitation and by having more
sellers (farmers), consumers can buy better products at better deals.

Farmers Protest and Issues Involved
Federal Angle: The provisions in the Farmers’ Produce Trade and Commerce (Promotion
and Facilitation) Act, 2020, provides for unfettered commerce in designated trade areas
outside APMC jurisdictions.
o Apart from this, the Act empowers the Centre government to issue orders to States in
furtherance of the law’s objectives.
o However, matters of trade and agriculture being the part of subjects on the State list,
have caused resentment in States.
Lack of Consultation: First the ordinance route and now the hastily attempt to pass the
Acts without proper consultation adds to the mistrust among various stakeholders
including farmers.
o Also, by allowing ‘trade zones’ to come up outside the APMC area, farmers have
become apprehensive that the new system would lead to eventual exit from the
minimum support price.
Absence of any regulation in non-APMC mandis: Another issue that is raised by the
farmers is that it gives the preference for corporate interests at the cost of farmers’
interests.
o In absence of any regulation in non-APMC mandis, the farmers may find it difficult to
deal with Corporates, as they solely operate on the motive of profit seeking.
Non-Favourable Market Conditions: While retail prices have remained high, data from
the Wholesale Price Index (WPI) suggest a deceleration in farm gate prices for most
agricultural produce.
o With rising input costs, farmers do not see the free market based framework
providing them remunerative prices.
o These fears gain strength with the experience of States such as Bihar which abolished
APMCs in 2006. After the abolition of mandis, farmers in Bihar on average received
lower prices compared to the MSP for most crops.

Impact on Stakeholders
Farmers: The farmer is now the producer and the seller of his own produce and will be
free to enter into agreement with private trade directly.
Consumers: The consumers would now get the produce as much lower costs.
Middlemen: Although the role of middlemen is not going to end completely, their hold on
the trade will not be as strong.
State governments: The state govt. of states such as Punjab and Haryana will be adversely
affected as there will be a huge loss in annual revenue collection.

ARTICLE 311
Why in News
Police officer was dismissed from the service by Mumbai Police Commissioner under
Article 311(2)(b) of the Constitution without a departmental enquiry.
Key Points
Article 311:
o Article 311 (1) says that no government employee either of an all India service or a
state government shall be dismissed or removed by an authority subordinate to the
own that appointed him/her.
o Article 311 (2) says that no civil servant shall be dismissed or removed or reduced in
rank except after an inquiry in which s/he has been informed of the charges and
given a reasonable opportunity of being heard in respect of those charges.
o People Protected under Article 311: The members of
▪ Civil service of the Union,
▪ All India Service, and
▪ Civil service of any State,
▪ People who hold a civil post under the Union or any State.
▪ The protective safeguards given under Article 311 are applicable only to civil
servants, i.e. public officers. They are not available to defence personnel.
o Exceptions to Article 311 (2):
▪ 2 (a) - Where a person is dismissed or removed or reduced in rank on the ground
of conduct which has led to his conviction on a criminal charge; or
▪ 2 (b) - Where the authority empowered to dismiss or remove a person or to
reduce him in rank is satisfied that for some reason, to be recorded by that
authority in writing, it is not reasonably practicable to hold such inquiry; or
▪ 2 (c) - Where the President or the Governor, as the case may be, is satisfied
that in the interest of the security of the State, it is not expedient to hold such
inquiry.
Other Recent Case Related to Use of Article 311(2) Subsections:
o Recently, the Jammu & Kashmir administration set up a Special Task Force
(STF) to scrutinise cases of employees suspected of activities requiring action under
Article 311(2)(c).
▪ Three government employees, including two teachers, were fired using the
Article.
Options to Dismissed Employee:
o The government employee dismissed under these provisions can approach either
tribunals like the state administrative tribunal or Central Administrative Tribunal
(CAT) or the courts.
Other Related Constitutional Provisions:
o Part XIV of the Constitution of India deals with Services under The Union and The
State.
o Article 309 empowers the Parliament and the State legislature to regulate the
recruitment, and conditions of service of persons appointed, to public services and
posts in connection with the affairs of the Union or of any State respectively.
o According to Article 310, except for the provisions provided by the Constitution, a
civil servant of the Union works at the pleasure of the President and a civil servant
under a State works at the pleasure of the Governor of that State (English doctrine of
Pleasure).
▪ But this power of the Government is not absolute.
o Article 311 puts certain restrictions on the absolute power of the President or
Governor for dismissal, removal or reduction in rank of an officer.

IT RULES 2021
Why in news?
The Supreme Court ordered the closure of proceedings in India against two Italian marines,
accused of killing two fishermen off the Kerala coast in February 2012.
What is the case on?
• On February 15, 2012, two Indian fishermen were returning from a fishing expedition near
Lakshadweep islands onboard fishing vessel St Antony.
• They were gunned down by two Italian marines on board oil tanker Enrica Lexie.
• The incident occurred around 20 nautical miles off the coast of Kerala.
• Shortly after the incident, the Indian Coast Guard intercepted Enrica Lexie.
• They detained the two Italian marines, Salvatore Girone and Massimiliano Latorre.
• The challenges in dealing with the case had to do with -
i. the legal tangles over jurisdiction

ii. the lawfulness of their arrest and the location of their trial
iii. the provisions of law under which they should be tried
iv. legal accountability through a criminal trial
What was the Permanent Court of Arbitration ruling?
• [Permanent Court of Arbitration - a tribunal under the UN Convention on the Law of the
Sea]
• The Permanent Court of Arbitration had clarified that India and Italy had concurrent
jurisdiction to try the case.
• However, it said that the Italian marines enjoyed immunity from Indian jurisdiction.
• This is because they were acting on behalf of a state.
• The UN tribunal had also ruled that the Indian fishing boat, St. Antony, and the victims
were entitled to compensation.
• This is on the ground that Enrica Lexie had violated the boat’s right of navigation under
the Law of the Sea.
What next?
• The Supreme Court has issued the order of closure after Italy deposited compensation of
Rs. 10 crore.
• The two marines are now likely to face trial in Italy.
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• But as far as India is concerned, the monetary compensation may have to be treated as
the only available form of closure for the moment.
• The legal heirs of the two victims are likely to get Rs. 4 crore each, and the owner of the
fishing vessel, Rs. 2 crore.
The Government of India had framed the Information Technology (Guidelines for
Intermediaries and Digital Media Ethics Code) Rules, 2021, in February this year. These rules
require the social media intermediaries/ platforms to adhere to a vastly tighter set of rules
within three months, which ended on May 25.
Till now almost all major social media intermediaries have not adhered to all the
requirements.
But non-compliance can only make things worse, especially in a situation in which the
relationship between some platforms such as Twitter and the Government seems to have
broken down.
While there are positive aspects about the said guidelines, there are, equally, glaring
ambiguities and susceptibilities that appear to be in conflict with the basic tenets of
democracy and constitutional values.
Positives of The Rules

The Rules must be credited for they mandate duties such as:
Removal of non-consensual intimate pictures within 24 hours,

Publication of compliance reports to increase transparency,
Setting up a dispute resolution mechanism for content removal,
Adding a label to information for users to know whether content is advertised, owned,
sponsored or exclusively controlled.
Associated Issues With the Rules

o Rules Ultra-vires to the IT Act: It is of significant concern that the purview of the IT Act,
2000, has been expanded to bring digital news media under its regulatory ambit without
legislative action.
• There has been criticism about bringing in a plethora of new rules that ought to be
normally triggered only via legislative action.
o Depriving of Fair Recourse: An intermediary is now supposed to take down content
within 36 hours upon receiving orders from the Government.
• This deprives the intermediary of a fair recourse in the event that it disagrees with
the Government’s order due to a strict timeline.
o Undermining Free Speech: The rules place fetters upon free speech by fixing the
Government as the ultimate adjudicator of objectionable speech online.
o Traceability Issue: Till now social media platforms have the immunity that users received
from end-to-end encryption was that intermediaries did not have access to the contents
of their messages.
• Imposing this mandatory requirement of traceability will break this immunity,
thereby weakening the security of the privacy of these conversations.
• The threat here is not only one of privacy but to the extent of invasion and
deprivation from a safe space.
o Counterproductive in Absence of Data Privacy Law: It could prove counterproductive in a
country where the citizens still do not have a data privacy law to guard themselves against
excesses committed by any party.
o Compliance Burden: The Rules create futile additional operational costs for
intermediaries by requiring them to have Indian resident nodal officers, compliance
officers and grievance officers.
• This may not be in favour of many small digital entities and may open the floodgates
for all kinds of interventions.

CRYPTOCURRENCY AND REGULATION OF
OFFICIAL DIGITAL CURRENCY BILL
Why in News
With the creation of Bitcoin in 2008 till present date, cryptocurrencies have gained much
significance all around the world. The gains made by this sector since the onset of Covid-19
pandemic in January 2020 are astounding; the “cryptomarket” grew by over 500%.
However, in the 2018-19 budget speech, the Finance Minister announced that the government
does not consider cryptocurrencies as legal tender.
Considering the fact India was a late adopter in all the previous phases of the digital revolution
– when semiconductors, the internet and smartphones made their mark, there is a need for a
change in the thoughts and acceptance for these virtual currencies as they mark India’s first step
towards entering the new phase of digital revolution.
Cryptocurrencies
Rise of Cryptocurrencies: The pioneer cryptocurrency, Bitcoin, was traded at just $0.0008
in 2010 and commanded a market price of about $65,000 in April 2021.
o Many newer coins have also been introduced since Bitcoin’s launch and their
cumulative market value touched $2.5 trillion by May 2021.
Significance of Cryptocurrencies:
o Corruption Check: As blocks run on a peer-to-peer network, it helps keep corruption
in check by tracking the flow of funds and transactions.
o Time Effective: Cryptocurrencies can help save money and substantial time for the
remitter and the receiver, as it is conducted entirely on the Internet, runs on a
mechanism that involves very less transaction fees and is almost instantaneous.
o Cost Effective: Intermediaries such as banks, credit card and payment gateways draw
almost 3% from the total global economic output of over $100 trillion, as fees for
their services.

▪ Integrating blockchain into these sectors could result in hundreds of billions of
dollars in savings.
Cryptocurrencies in India: In 2018, The RBI issued a circular preventing all banks from
dealing in cryptocurrencies. This circular was declared unconstitutional by the Supreme
Court in May 2020.
o Recently, the government has announced to introduce a bill; Cryptocurrency and
Regulation of Official Digital Currency Bill, 2021, to create a sovereign digital
currency and simultaneously ban all private cryptocurrencies.
o In India, the funds that have gone into the Indian blockchain start-ups account for less
than 0.2% of the amount raised by the sector globally.
▪ The current approach towards cryptocurrencies makes it near-impossible for
blockchain entrepreneurs and investors to acquire much economic benefit.
Issues Associated with Banning Decentralised Cryptocurrencies

Blanket Ban: The intended ban is the essence of the Cryptocurrency and Regulation of
Official Digital Currency Bill, 2021. It seeks to prohibit all private cryptocurrencies in India.
o However, categorising the cryptocurrencies as public (government-backed) or private
(owned by an individual) is inaccurate as the cryptocurrencies are decentralised but
not private.
o Decentralised cryptocurrencies such as bitcoin aren’t or rather, can’t be controlled by
any entity, private or public.
Brain-Drain: Ban of cryptocurrencies is most likely to result in an exodus of both talent
and business from India, similar to what happened after the RBI’s 2018 ban.
o Back then, blockchain experts moved to countries where crypto was regulated, such
as Switzerland, Singapore, Estonia and the US.
o With a blanket ban, blockchain innovation, which has uses in governance, data
economy and energy, will come to a halt in India.
Deprivation of Transformative Technology: A ban will deprive India, its entrepreneurs
and citizens of a transformative technology that is being rapidly adopted across the world,
including by some of the largest enterprises such as Tesla and MasterCard.
An Unproductive Effort: Banning as opposed to regulating will only create a parallel
economy, encouraging illegitimate use, defeating the very purpose of the ban.

o A ban is infeasible as any person can purchase cryptocurrency over the internet.
Contradictory Policies: Banning cryptocurrency is inconsistent with the Draft National
Strategy on Blockchain, 2021 of the Ministry of Electronics and IT (MeitY), which hailed
blockchain technology as transparent, secure and efficient technology that puts a layer of
trust over the internet.

DELIMITATION COMMISION
Why in News
The delimitation exercise has started in Jammu and Kashmir (J&K).
▪ The completion of the delimitation exercise will mark the political process in the
Union Territory (UT) that has been under Centre’s rule since June 2018.
Key Points
Delimitation:
o Delimitation is the act of fixing or redrawing the limits or boundaries of territorial
constituencies (Assembly or Lok Sabha seat) in a country or a province having a
legislative body, as per the Election Commission.
o The delimitation exercise is carried out by an independent high-powered panel
known as the Delimitation Commission whose orders have the force of law and
cannot be questioned by any court.
o The exercise has been carried out over the years to redefine the area of a
constituency-based on its population size (based on the last Census).
o Aside from changing the limits of a constituency, the process may result in change in
the number of seats in a state.
o This exercise also involves reservation of Assembly seats for Scheduled Castes (SCs)
and Scheduled Tribes (STs) in accordance with the Constitution.
Aim:
o The key aim is to have equal representation to equal segments of the population in
order to ensure a fair division of geographical areas so that all political parties or
candidates contesting elections have a level playing field in terms of a number of
voters.
Constitutional Basis for Delimitation:
o Under Article 82, the Parliament enacts a Delimitation Act after every Census.
o Under Article 170, States also get divided into territorial constituencies as per
Delimitation Act after every Census.
o Once the Act is in force, the Union government sets up a Delimitation Commission.
o However, the first delimitation exercise was carried out by the President (with the
help of the Election Commission) in 1950-51.
▪ The Delimitation Commission Act was enacted in 1952.
o Delimitation Commissions have been set up four times — 1952, 1963, 1973 and 2002
under the Acts of 1952, 1962, 1972 and 2002.
▪ There was no delimitation after the 1981 and 1991 Censuses.
Delimitation Commission:
o The Delimitation Commission is appointed by the President of India and works in
collaboration with the Election Commission of India.
o Composition:
▪ Retired Supreme Court judge
▪ Chief Election Commissioner
▪ Respective State Election Commissioners.
Delimitation in Jammu and Kashmir:
o The delimitation exercise in J&K in the past has been slightly different from those in
the rest of the country because of the region's special status.
o The delimitation of Lok Sabha seats was then governed by the Indian Constitution in
J&K, but the delimitation of Assembly seats was governed separately by the Jammu
and Kashmir Constitution and Jammu and Kashmir Representation of the People
Act, 1957.
o However, Jammu and Kashmir lost its special status and was divided into two Union
Territories (J&K and Ladakh) after the abrogation of its special status under Article
370, on 5th August, 2019.
o Following this, a special delimitation commission was constituted on 6th March,
2020 to carve out Assembly and Parliament seats in the UT.
Issues with Delimitation:
o States that take little interest in population control could end up with a greater
number of seats in Parliament. The southern states that promoted family planning
faced the possibility of having their seats reduced.

o In 2002-08, Delimitation was done based on the 2001 census, but the total number of
seats in the Assemblies and Parliament decided as per the 1971 Census was not
changed.
o The Constitution has also capped the number of Lok Shaba & Rajya Sabha seats to a
maximum of 550 & 250 respectively and increasing populations are being
represented by a single representative.

UNLAWFUL ACTIVITIES ACT
Why in News
Recently, the Delhi High Court granted bail to student activists in a Unlawful Activities
Prevention Act (UAPA), 1967 case.
▪ While delivering the judgement, the court redefined the boundaries of the
otherwise "vague" Section 15 of the UAPA.
Key Points
High Court’s Ruling:
o Extent of Terrorist Activity:
▪ Terrorist activity cannot be broadly defined to include ordinary penal offences.
• By doing so, it raised the bar for the State to book an individual for
terrorism under the UAPA.
▪ The extent and reach of terrorist activity must travel beyond the effect of an
ordinary crime and must not arise merely by causing disturbance of law and
order or even public order.
• It must be such that it travels beyond the capacity of the ordinary law
enforcement agencies to deal with it under the ordinary penal law.
o Careful while Defining Unlawful Activities:
▪ The courts must be careful in employing the definitional words and phrases
used in Section 15 of UAPA in their absolute literal sense, they should
differentiate clearly how terrorism is different even from conventional, heinous
crime.
• Section 15 of the UAPA defines “terrorist act” and is punishable with
imprisonment for a term of at least five years to life. In case the terrorist act
results in death, the punishment is death or imprisonment for life.
• The court referred to how the Supreme Court itself, in case of Kartar Singh
v State of Punjab 1994, flagged similar concerns against the misuse of

another anti-terror law, the Terrorists and Disruptive Activities (Prevention)
Act, 1987 (lapsed in 1995).
o Intent of Enacting UAPA:
▪ To bring terrorist activity within its scope, was, and could only have had been, to
deal with matters of profound impact on the 'Defence of India', nothing more
and nothing less.
▪ It was neither the intent nor purport of enacting UAPA that other offences of
the usual and ordinary kind, however grave, egregious or heinous in their nature
and extent, should also be covered by UAPA.
o Right to Protest:
▪ Observed that protests against Governmental and Parliamentary actions are
legitimate; and though such protests are expected to be peaceful and non-
violent, it is not uncommon for protesters to push the limits permissible in law.
▪ The line between the constitutionally guaranteed right to protest (Article 19)
and terrorist activity seems to be getting somewhat blurred.
Significance of the Ruling:
o This is the first instance of a court calling out alleged misuse of the UAPA against
individuals in cases that do not necessarily fall in the category of “terrorism” cases.
▪ According to data provided by the Ministry of Home Affairs in Parliament in
March, a total of 1126 cases were registered under UAPA in 2019, a sharp rise
from 897 in 2015.
Unlawful Activities Prevention Act, 1967

UAPA was passed in 1967. It aims at effective prevention of unlawful activities
associations in India.
o Unlawful activity refers to any action taken by an individual or association intended
to disrupt the territorial integrity and sovereignty of India.
The Act assigns absolute power to the central government, by way of which if the Centre
deems an activity as unlawful then it may, by way of an Official Gazette, declare it so.
o It has death penalty and life imprisonment as highest punishments.

Under UAPA, both Indian and foreign nationals can be charged. It will be applicable to
the offenders in the same manner, even if crime is committed on a foreign land, outside
India.
Under the UAPA, the investigating agency can file a charge sheet in maximum 180 days
after the arrests and the duration can be extended further after intimating the court.
The 2004 amendment added “terrorist act" to the list of offences to ban organisations
for terrorist activities, under which 34 outfits were banned.
o Till 2004, “unlawful" activities referred to actions related to secession and cession of
territory.
In August, Parliament cleared the Unlawful Activities (Prevention) Amendment Bill,
2019 to designate individuals as terrorists on certain grounds provided in the Act.
o The Act empowers the Director General of National Investigation Agency (NIA) to
grant approval of seizure or attachment of property when the case is investigated by
the said agency.
o The Act empowers the officers of the NIA, of the rank of Inspector or above, to
investigate cases of terrorism in addition to those conducted by the DSP or ACP or
above rank officer in a state.

MARATHA RESERVATION AND SUPREME
COURT
Why in News
Recently, the Supreme Court (SC) declared a Maharashtra law which provides reservation
benefits to the Maratha community, taking the quota limit in the State in excess of 50%, as
unconstitutional.
Key Points
Background:
o 2017: A 11-member commission headed by Retired Justice N G
Gaikwad recommended Marathas should be given reservation under Socially and
Educationally Backward Class (SEBC).
o 2018: Maharashtra Assembly passed a Bill proposing 16% reservation for Maratha
community.
o 2018: The Bombay High Court while upholding the reservation pointed out that
instead of 16% it should be reduced to 12% in education and 13%in jobs.
o 2020: The SC stayed its implementation and referred the case to Chief Justice of
India for a larger bench.
Current Ruling:
o Violation of Fundamental Rights:
▪ A separate reservation for the Maratha community violates Articles 14 (right to
equality) and 21 (due process of law).
▪ Reservation breaching the 50% limit will create a society based on “caste rule”.
• The Maratha reservation of 12% and 13% (in education and jobs)
had increased the overall reservation ceiling to 64% and 65%, respectively.
• In the Indira Sawhney judgment 1992, SC had categorically said 50% shall
be the rule, only in certain exceptional and extraordinary situations for
bringing far-flung and remote areas' population into mainstream said 50%
rule can be relaxed.
o No Further Benefits:
▪ Appointments made under the Maratha quota following the Bombay High Court
judgment endorsing the State law would hold, but they would get no further
benefits.
o Deprived States of the Power to Identify SEBCs:
▪ There will only be a single list of SEBC with respect to each State and Union
Territory notified by the President of India, and that States can only make
recommendations for inclusion or exclusion, with any subsequent change to be
made only by Parliament.
▪ The Bench unanimously upheld the constitutional validity of
the 102nd Constitution Amendment but differed on the question whether it
affected the power of states to identify SEBCs.
o Direction to NCBC:
▪ Asked the National Commission for Backward Classes (NCBC) to expedite
the recommendation of SEBCs so that the President can publish the notification
containing the list of SEBCs in relation to States and Union Territories
expeditiously.

E-COMMERCE RULES
Why in News
Recently, a parliamentary panel on the Consumer Protection (E-Commerce) Rules, 2020 has
recommended that the government should amend the rules to provide better protection to
consumers rights and stop unfair practices.
▪ Electronic commerce or e-commerce is a business model that lets firms and

individuals buy and sell things over the Internet.
Key Points
Issues:
o Predatory Pricing:
▪ Predatory pricing as a short-term strategy, adopted by some of the market
giants, may lead to wiping out competition from the market and could
be detrimental to the consumers in the long run.
• Predatory Pricing: It is the pricing of goods or services at such a low level
that other firms cannot compete and are forced to leave the market.
o Unfair Practices:
▪ While e-commerce enterprises offer many benefits, the development of the
segmentation has rendered consumers vulnerable to new forms of unfair trade
practices, violation of privacy and issues of unattended grievances.
▪ There are increasing cases of fake reviews and unfair favouritism in the display
of goods.
Major Recommendations:
o Clear Definition:
▪ There should be a more clear-cut definition of what constitutes Unfair Trade
Practice and practical legal remedy to tackle such circumventing practices by e-
commerce entities specifically Multinational Companies (MNCs) and Kirana Small
Vendors.

▪ Clearly define ‘drip pricing’ wherein the final cost of the product goes up due to
additional charges, and provide for protecting consumers against this by
including penal provisions for violation.
o Fixing Delivery Charges:
▪ The Ministry of Consumer Affairs, Food and Public Distribution should issue
broad guidelines for the fixation of delivery charges charged by the e-commerce
entities along with a cap on the highest limits of the delivery charges in peak
hours of service.
▪ It should clearly distinguish in the Rules itself the cases of misinformation, no
information and the information which is otherwise correct but creates a false
impression and provides for penal provision for each case in the Rules itself.
o Categorization of Personal Data:
▪ For protection of privacy of users and security of their data, the panel has
recommended that users’ personal data may be categorised as per the level of
sensitivity and appropriate protection may be assigned for each level.
o Payment Security:
▪ A secured and robust system of payment gateway should be made available to
the consumers so that the transaction-related data of the users is not
compromised in any way.
o Local Data Centres:
▪ All major e-marketplace entities should establish their data centre in India, so
that consumer data are not hosted on a server outside the borders of the
country, which may be misused by an enemy country.
o Customer Care:
▪ E-commerce entities should provide a dedicated customer care number as well
as a mechanism to monitor the time taken by customer care executives to
resolve an issue.
o Protection to Small/Local Vendors:
▪ There is a need to devise some regulatory mechanism to protect the local
vendors/kirana, therefore, sufficient protection to such small/local
vendors and ways in which such small retailers may also become part of e-
commerce should be given by the Ministry.

o Discourage Deceptive Techniques:
▪ Some corrective mechanisms to discourage deceptive tactics including
manipulation of algorithms, fake product reviews & ratings must be created so
that the consumer interest is not harmed in any way.
Consumer Protection (E-Commerce) Rules, 2020

About:
o The Consumer Protection (E-commerce) Rules, 2020 are mandatory and are not
advisories.
Applicability:
o Apply to all e-commerce retailers, whether registered in India or abroad, offering
goods and services to Indian consumers.
Nodal officer:
o E-commerce entities need to appoint a nodal person, resident in India to ensure
compliance with the provisions of the act or rules.
Prices and Expiry Dates:
o The sellers through the e-commerce entities will have to display the total price of
goods and services offered for sale along with the break-up of other charges.
o Expiry date of the good needs to be separately displayed.
Importer and Relevant Details:
o All relevant details about the goods and services offered for sale by the Seller
including country of origin and in case of imported goods the name and details of
the importer, and guarantees related to the authenticity or genuineness of the
imported products need to be provided to enable the consumer to make an informed
decision at the pre-purchase stage.
Grievance Redressal Mechanism:
o Marketplaces, as well as sellers, need to appoint a grievance officer.

▪ Marketplace Model of E-commerce: It means providing an information
technology platform by an e-commerce entity on a digital and electronic
network to act as a facilitator between buyer and seller.
Restriction on Unfair Trade Practice, Manipulation and Discrimination:
o No e-commerce entity shall manipulate the price of goods or services to gain
unreasonable profit or discriminate between consumers of the same class or make
any arbitrary classification of consumers affecting their rights.
Should not Post Fake Reviews or Mislead:
o No seller or inventory e-commerce entity shall falsely represent itself as a consumer
and post reviews about goods or services or misrepresent the quality or the features
of any goods or services.
No Cancellation Charges:
o No e-commerce entity shall impose cancellation charges on consumers.
o Sellers should not refuse to take back goods, or withdraw or discontinue services if
such goods and services are defective, deficient or spurious.
Record Information of Sellers Selling Counterfeit Products:
o E-commerce entities need to maintain a record of information for the identification
of all sellers who have repeatedly offered goods or services that have previously been
removed or restricted under the Copyright Act, 1957, the Trade Marks Act, 1999 or
the Information Technology Act, 2000.
Penalty
o The violation of the rules will attract penal action under the Consumer Protection
Act, 2019.

ANTI CONVERSION LAWS
Why in News
The proposed law is called the Madhya Pradesh Dharmik Swatantrata (Freedom of Religion)
Bill 2020.
• Madhya Pradesh Cabinet has given its nod to an ordinance on the Bill.
Key Provisions
Seeks to regulate inter-faith marriages in the state.
Exempts reconversion to parental religion from its purview.
Jail term of up to 10 years and a fine of ₹1 lakh for “conversion through marriage or other
forcible means”.
The bill seeks to prohibit religious conversions or an attempt of conversion by means of
misrepresentation, allurement, threat, undue influence, coercion, marriage, and any other
fraudulent means.
The conspiracy and (the act of) abetting a person for conversion has also been prohibited.
Forceful conversions and marriages will be a cognizable offence and be non-bailable.
Issues and concerns

States are opting for laws on freedom of religion for marriage (‘love jihad’).
• The Prohibition of Unlawful Conversion of Religion Ordinance, 2020, was notified by
Uttar Pradesh last month.
• Haryana and Karnataka announced intentions to enact such laws.
This has made the topic debatable.
What critics say?
The law has come under sharp criticism from several legal scholars who had contended that
the concept of ‘love jihad’ did not have any constitutional or legal basis.
• They have pointed to Article 21 of the constitution which guarantees individuals the right
to marry a person of one’s choice.
• Also, under Article 25, freedom of conscience, the practice and conversion of religion of
one’s choice including not following any religion, are also guaranteed.
Supreme Court on Marriage and Conversion:
• The Apex Court of India in its several judgements has held that the state and the courts
have no jurisdiction over an adult’s absolute right to choose a life partner.
• The Supreme Court of India, in both the Lily Thomas and Sarla Mudgal cases, has
confirmed that religious conversions carried out without a bona fide belief and for the
sole purpose of deriving some legal benefit do not hold water.

ARMED FORCES SPECIAL POWER ACT
Why in News
The Ministry of Home Affairs has declared the entire State of Nagaland as a “disturbed area”
for six more months under the Armed Forces (Special Powers) Act (AFSPA).
• MHA said the area comprising the whole of Nagaland is in such a “disturbed and
dangerous condition” that the use of armed forces in aid of the civil power is necessary.
What does the AFSPA mean?
In simple terms, AFSPA gives armed forces the power to maintain public order in “disturbed
areas”.
Powers given to armed forces:
1. They have the authority to prohibit a gathering of five or more persons in an area, can
use force or even open fire after giving due warning if they feel a person is in
contravention of the law.
2. If reasonable suspicion exists, the army can also arrest a person without a warrant;
enter or search premises without a warrant; and ban the possession of firearms.
3. Any person arrested or taken into custody may be handed over to the officer in charge
of the nearest police station along with a report detailing the circumstances that led to
the arrest.
What is a “disturbed area” and who has the power to declare it?
A disturbed area is one which is declared by notification under Section 3 of the AFSPA. An
area can be disturbed due to differences or disputes between members of different religious,
racial, language or regional groups or castes or communities.
• The Central Government, or the Governor of the State or administrator of the Union
Territory can declare the whole or part of the State or Union Territory as a disturbed
area.
Has there been any review of the Act?
On November 19, 2004, the Central government appointed a five-member committee headed
by Justice B P Jeevan Reddy to review the provisions of the act in the north eastern states.
• The committee submitted its report in 2005, which included the following
recommendations: (a) AFSPA should be repealed and appropriate provisions should be
inserted in the Unlawful Activities (Prevention) Act, 1967; (b) The Unlawful Activities Act
should be modified to clearly specify the powers of the armed forces and paramilitary

forces and (c) grievance cells should be set up in each district where the armed forces
are deployed.
The 5th report of the Second Administrative Reforms Commission on public order has also
recommended the repeal of the AFSPA.

VOTING RIGHTS OF NRI
Why in News
Election Commission of India (ECI) has informed the Ministry of Law and Justice that it
is “technically and administratively ready” to extend the Electronically Transmitted Postal
Ballot System (ETPBS) to Non Resident Indian (NRI) voters for elections next year in Assam,
West Bengal, Kerala, Tamil Nadu and Puducherry.
Key Points
Background:
o The ECI started to look for possible options after receiving several requests from
MPs, industrialists, ministers and also writ petitions by NRIs in the Supreme
Court (SC) in 2013 and 2014.
o After the 2014 Lok Sabha elections, a 12-member committee was set up to study
mainly three options of
▪ Voting by post.
▪ Voting at an Indian mission abroad.
▪ Online voting.
o The committee ruled out online polling as it felt this could compromise “secrecy of
voting” and also shot down the proposal to vote at Indian missions abroad as they do
not have adequate resources.
o In 2015, the panel finally recommended that NRIs should be given the “additional
alternative options of e-postal ballot and proxy voting”, apart from voting in person.
▪ Under proxy voting, a registered elector can delegate his voting power to a
representative.
▪ At present, postal ballots are allowed for certain categories of voters (Service
Voters) living in India, which include:
• Members of the Armed Forces.

• Members of the Armed Police Force of a State, serving outside that State.

• Persons employed under Government of India on post outside India.
o In 2017, the Union Cabinet passed the proposal on proxy voting rights for NRIs and
brought a Bill amending the Representation of the People Act 1950.
o However, the bill lapsed in Rajya Sabha due to dissolution of the 16th Lok Sabha and
the proposal has not been revived yet.
▪ The ECI pushed only for postal voting rights for NRIs instead of the proxy voting.
▪ To extend the postal voting facility to overseas voters, the government only
needs to amend the Conduct of Election Rules 1961. It does not require
Parliament’s nod.
Current Voting Process for NRIs:
o Voting rights for NRIs were introduced only in 2011, through an amendment to the
Representation of the People Act 1950.
o An NRI can vote in the constituency in his/her place of residence, as mentioned in
the passport, is located.
o He/She can only vote in person and will have to produce her passport in original at
the polling station for establishing identity.
Current Strength of NRI Voters:
o According to a United Nations report of 2015, India’s diaspora population is
the largest in the world at 16 million people.
o However, registration of NRI voters has been very low with a little over one lakh
overseas Indians registered as voters in India.
o In the 2019 Lok Sabha elections, roughly 25,000 of them flew to India to vote.
Process of Voting by Postal Ballots:
o Any NRI interested in voting through the postal ballot will have to inform the
Returning Officer (RO) not later than five days after the notification of the election.
▪ The RO of a parliamentary or assembly constituency is responsible for the
conduct of elections in the parliamentary or assembly constituency.
o On receiving such information, the RO will dispatch the ballot paper electronically.
o The NRI voters will download the ballot paper, mark their preference on the printout
and send it back along with a declaration attested by an officer appointed by the

diplomatic or consular representative of India in the country where the NRI is
resident.
o However, it is not clear right now, if the voter will return the ballot paper herself
through ordinary post or drop it off at the Indian Embassy, which may then
segregate the envelopes constituency-wise and send them to the Chief Electoral
Officer of the state concerned for forwarding to the RO.
Political Stand:
o The committee had consulted national political parties and the Ministry of External
Affairs (MEA) on the options being considered for NRIs to cast their vote abroad.
o Among parties, only the NCP has expressed complete support and according to
the BSP, BJP and CPI, postal ballots were not a viable option due to time constraint.
The Congress was not in favour of sending the postal ballot paper electronically.
o The MEA expressed strong reservations over attesting the declaration as the process
might be difficult in non-democratic countries.

PMCARES
Why in News
The government has announced a special “PM-CARES for Children” scheme for all those
orphaned due to Covid-19.
▪ Also, the Supreme Court has ordered the district authorities to upload the details of
children in need of care and protection on NCPCR (National Commission for
Protection of Child Rights) portal Bal Swaraj.
Key Points
About the ‘PM-CARES for Children’ Scheme:
o Eligibility:
▪ Children who have lost both parents or their lone surviving parent or their legal
guardian or adoptive parent due to Covid-19.
• There are a total 577 Covid-19 orphans identified across the country. Also,
there has been a rise in cases of child trafficking.
o Features of the Scheme:
▪ Corpus of Rs. 10 Lakh:
• A corpus of Rs. 10 lakh will be allocated to each of these children from the PM
CARES fund.
• This corpus will be used to give a monthly stipend from 18 years of their
age, for the next five years and on reaching the age of 23 years, he or she will
get the corpus amount as one lump-sum for personal and professional use.
▪ Education to the Children:
• The education expenses of younger children will be supported by way
of admission to Kendriya Vidyalayas and private schools up to higher
secondary level.
• These children will also be supported during their higher education through
either a scholarship equivalent to the tuition fees or educational loans where
the interest on the loan will be paid by the PM-CARES fund.
▪ Health Insurance
• All children will be enrolled as a beneficiary under Ayushman Bharat
Scheme with a health insurance cover of Rs. 5 lakh.
• The premium amount will be paid by PM-CARES till a child turns 18.
PM-CARES Fund
The government has set up the Prime Minister’s Citizen Assistance and Relief in
Emergency Situations Fund (PM-CARES Fund) to deal with any kind of emergency or
distress situation like posed by the Covid-19 pandemic.
The Fund is a public charitable trust with the Prime Minister as its Chairman. Other
Members include Defence Minister, Home Minister and Finance Minister.
The Fund enables micro-donations as a result of which a large number of people will be
able to contribute with the smallest of denominations.
It will strengthen disaster management capacities and encourage research on protecting
citizens.
Contribution to PM - CARES Fund Qualifies as CSR (Corporate Social Responsibility)
Expenditure.
Bal Swaraj COVID-Care
o The NCPCR has devised an online tracking portal “Bal Swaraj (COVID-Care)” for
children in need of care and protection.
o This has been created with a purpose for online tracking and digital real time
monitoring mechanism of children who are in need of care and protection.
National Commission for Protection of Child Rights

NCPCR is a statutory body set up in March 2007 under the Commissions for Protection of
Child Rights (CPCR) Act, 2005.
It is under the administrative control of the Ministry of Women & Child Development.
The Commission's mandate is to ensure that all laws, policies, programmes, and
administrative mechanisms are in consonance with the child rights perspective as
enshrined in the Constitution of India and also the UN Convention on the Rights of the
Child.
It inquires into complaints relating to a child's right to free and compulsory education
under the Right to Education Act, 2009.
It monitors the implementation of Protection of Children from Sexual Offences (POCSO)
Act, 2012.

DNA TECHNOLOGY REGULATION BILL
Why in News
Parliamentary committee on science and technology submitted its report on the DNA
Technology (Use and Application) Regulation Bill, 2019. The purpose of the bill is to regulate
the use of DNA information for establishing the identity of people. These profiles are then meant
to guide law enforcement agencies in investigations.
The committee has underlined that it is important that state-of-the-art technologies are used in
the criminal justice system, but this must be done without infringing constitutional rights,
especially the Right to Privacy.
Although DNA technology can help law enforcement agencies, in solving crimes, the
government must assuage apprehensions over the use of the DNA Technology Bill, 2019.
Associated Issues With the Bill

Violation of Right to Privacy: There are criticisms that the DNA profiling bill is a violation
of human rights as it could also compromise the privacy of the individuals.
o Also, questions are being raised on how the bill plans to safeguard the privacy of DNA
profiles stored in the databanks.
o The DNA profiling bill follows a long list of bills that are being introduced without the
data protection law in place.
Complicate Criminal Investigations: Using DNA effectively during criminal investigations
requires proper crime scene examination, trained and reliable policing, a trusted chain of
custody of samples, reliable analysis, and proper use of expert evidence in court.
o Without these prerequisites, a DNA database will exacerbate rather than solve
problems in the criminal justice system.
o For example, false matches or misinterpretation or planting of evidence can lead to
the travesty of justice.
Biological Surviallnce: All DNA footprints at a crime scene might not be of those
associated with the incident.

o There is apprehension, therefore, that the DNA repository proposed by the Bill could
end up bundling information of people who have nothing to do with the crime being
investigated.
o Thus, it may allow state-sanctioned biological surveillance.
Inadequate Supporting Infrastructure: The committee has also flagged the concerns over
the lack of infrastructure for conducting DNA tests in the country.
o Presently, the labs in the country can fulfill only 2-3% of the country’s DNA profiling
requirement.
o In Rajiv Singh v. State of Bihar (2011), the Supreme Court had dismissed improperly
analyzed DNA evidence.
Affecting Marginalized Sections: One of the longstanding defects of India’s criminal
justice system is the lack of legal aid systems to help both victims and accused, especially
those from marginalized sections of society.
o A growing body of literature has shown that most people charged with criminal
offenses are not aware of their rights.
o This concern may exacerbate when a sophisticated technology, such as DNA profiling,
is deployed to establish a crime.
Misuse In Caste-Based Profiling: The standing committee pointed out that the DNA
profiles can reveal extremely sensitive information of an individual & hence could be
misused for caste/community-based profiling.

UP POPULATION CONTROL BILL
Why in News
Recently, Uttar Pradesh (UP) unveiled its New Population Policy 2021-30, on the occasion
of World Population Day (11th July).
Key Points
About:
o In 1989, the United Nations Development Programme (UNDP) recommended
that 11th July be observed by the international community as World Population
Day, a day to focus attention on the urgency and importance of population issues.
o UNDP was inspired by the public interest and awareness that was created by "Five
Billion Day" on 11th July 1987 when the world's population reached 5 billion.
o A resolution to the effect was passed, and the day was first marked on 11th July, 1990.
o The United Nations Population Fund (UNFPA) was created in 1969, the same year
the United Nations General Assembly declared “parents have the exclusive right to
determine freely and responsibly the number and spacing of their children.
o Theme 2021: Rights and Choices are the Answer: Whether baby boom or bust, the
solution to shifting fertility rates lies in prioritising all people’s reproductive health
and rights.
U.P’s New Population Policy:
o The policy proposes five key targets: population control; ending curable maternal
mortality and illnesses; ending curable infant mortality and ensuring betterment in
their nutrition status; betterment of sexual and reproductive health-related
information and facilities among the youth; and care of elders.
o The UP government's law commission has also prepared a population control bill,
under which a two-child norm will be implemented and promoted.
o As per the draft, violation of the policy is penalised with measures such as barring for
elections and abidance is rewarded with measures such as promotion in jobs, subsidy
etc.

Population Trends & Issues
World Population:
o About:
▪ World's population stands at about 7.7 billion, and it's expected to grow to
around 8.5 billion in 2030, 9.7 billion in 2050, and 10.9 billion in 2100.
o Reason for Growth:
▪ This dramatic growth has been driven largely by increasing numbers of people
surviving to reproductive age, and has been accompanied by major changes in
fertility rates, increasing urbanization and accelerating migration.
• These trends will have far-reaching implications for generations to come.
o Affected Areas:
▪ They affect economic development, employment, income distribution, poverty
and social protections.
▪ They also affect efforts to ensure universal access to health care, education,
housing, sanitation, water, food and energy.
India’s Population Related Issues:
o Large Size:
▪ India has just 2% of the world’s landmass and 16% of the global population.
▪ It has been reported that India will soon surpass China’s population (Country
with largest population).
o Fast Growth:
▪ Mismatch in birth and death rate resulted in faster growth of population in the
past few decades.
• However, India’s Total Fertility Rate (TFR) is declining. It is now 2.2 per
woman, nearing the replacement rate of 2.1, according to the latest
government data.
• TFR indicates the average number of children expected to be born to a
woman during her reproductive span of 15-49 years.
o Education and Population Growth:

▪ Poverty and illiteracy contribute immensely to the population explosion.
• Recent data shows that the overall literacy rate in the country is about
77.7%.
• At the all-India level, the male literacy rate is higher at 84.7% compared to
70.3% among women.
▪ Children in rural areas are considered as assets, who will take care of parents at
old age, also more children mean more earnings.
▪ The level of female education has a direct impact on fertility, as it is evidenced
that the fertility rate of illiterate women tends to be higher than those who are
literate.
▪ Lack of education prevents women from having full knowledge about the use
of contraceptives, of the consequences of frequent childbirth.
o Unemployment:
▪ High youth unemployment in India is turning demographic dividend into a
demographic disaster for India.
▪ This youth potential is often referred to as the ‘demographic dividend’ which
means that if the youth available in the country are equipped with quality
education and skills training, then they will not only get suitable
employment but can also contribute effectively towards the economic
development of the country.

SEDITION 124A
Why in News
Recently, the Supreme Court protected a political leader and six senior journalists from arrest
in multiple sedition FIRs registered against them.
Key Points
Historical Background of Sedition Law:
o Sedition laws were enacted in 17th century England when lawmakers believed
that only good opinions of the government should survive, as bad opinions were
detrimental to the government and monarchy.
o The law was originally drafted in 1837 by Thomas Macaulay, the British historian-
politician, but was inexplicably omitted when the Indian Penal Code (IPC) was
enacted in 1860.
o Section 124A was inserted in 1870 by an amendment introduced by Sir James
Stephen when it felt the need for a specific section to deal with the offence.
▪ It was one of the many draconian laws enacted to stifle any voices of dissent at
that time.
Sedition Law Today: Sedition is a crime under Section 124A of the Indian Penal
Code (IPC).
o Section 124A IPC:
▪ It defines sedition as an offence committed when "any person by words, either
spoken or written, or by signs, or by visible representation, or otherwise, brings
or attempts to bring into hatred or contempt, or excites or attempts to excite
disaffection towards the government established by law in India".
▪ Disaffection includes disloyalty and all feelings of enmity. However, comments
without exciting or attempting to excite hatred, contempt or disaffection, will
not constitute an offence under this section.
o Punishment for the Offence of Sedition:
▪ Sedition is a non-bailable offence. Punishment under the Section 124A ranges
from imprisonment up to three years to a life term, to which fine may be added.
▪ A person charged under this law is barred from a government job.
• They have to live without their passport and must produce themselves in the
court at all times as and when required.
Major Supreme Court Decisions on Sedition Law:
o The SC highlighted debates over sedition in 1950 in its decisions in Brij Bhushan vs
the State of Delhi and Romesh Thappar vs the State of Madras.
▪ In these cases, the court held that a law which restricted speech on the ground
that it would disturb public order was unconstitutional.
▪ It also held that disturbing the public order will mean nothing less than
endangering the foundations of the State or threatening its overthrow.
▪ Thus, these decisions prompted the First Constitution Amendment,
where Article 19 (2) was rewritten to replace “undermining the security of the
State” with “in the interest of public order”.
o In 1962, the SC decided on the constitutionality of Section 124A in Kedar Nath Singh
vs State of Bihar.
▪ It upheld the constitutionality of sedition, but limited its application to “acts
involving intention or tendency to create disorder, or disturbance of law and
order, or incitement to violence”.
▪ It distinguished these from “very strong speech” or the use of “vigorous words”
strongly critical of the government.
o In 1995, the SC, in Balwant Singh vs State of Punjab, held that mere sloganeering
which evoked no public response did not amount to sedition.
Arguments in Support of Section 124A:
o Section 124A of the IPC has its utility in combating anti-national, secessionist and
terrorist elements.
o It protects the elected government from attempts to overthrow the government
with violence and illegal means. The continued existence of the government
established by law is an essential condition of the stability of the State.
o If contempt of court invites penal action, contempt of government should also attract
punishment.

o Many districts in different states face a maoist insurgency and rebel groups virtually
run a parallel administration. These groups openly advocate the overthrow of the
state government by revolution.
o Against this backdrop, the abolition of Section 124A would be ill-advised merely
because it has been wrongly invoked in some highly publicized cases.
Arguments against Section 124A:
o Section 124A is a relic of colonial legacy and unsuited in a democracy. It is a
constraint on the legitimate exercise of constitutionally guaranteed freedom of
speech and expression.
o Dissent and criticism of the government are essential ingredients of robust public
debate in a vibrant democracy. They should not be constructed as sedition.
▪ Right to question, criticize and change rulers is very fundamental to the idea of
democracy.
o The British, who introduced sedition to oppress Indians, have themselves abolished
the law in their country. There is no reason why India should not abolish this section.
o The terms used under Section 124A like 'disaffection' are vague and subject to
different interpretations to the whims and fancies of the investigating officers.
o IPC and Unlawful Activities Prevention Act 2019 have provisions that penalize
"disrupting the public order" or "overthrowing the government with violence and
illegal means". These are sufficient for protecting national integrity. There is no need
for Section 124A.
o The sedition law is being misused as a tool to persecute political dissent. A wide and
concentrated executive discretion is inbuilt into it which permits the blatant abuse.
o In 1979, India ratified the International Covenant on Civil and Political Rights
(ICCPR), which sets forth internationally recognized standards for the protection of
freedom of expression. However, misuse of sedition and arbitrary slapping of charges
are inconsistent with India's international commitments.

RIGHT TO FORGOTTEN
Why In News
Delhi high court has granted relief to a petitioner seeking to exercise ‘right to be
forgotten (RTBF). The petitioner, who was earlier acquitted in a narcotics case, had come before
the high court praying for the removal of the judgment of his acquittal from online platforms.
The court’s order assumes significance by removing it from online platforms to protect an
individual’s right to privacy and the need to balance it with the right to information of the public
and maintenance of transparency in judicial records.
The Right To Be Forgotten

The ‘right to be forgotten’ is the right to have publicly available personal information
removed from the internet, search, databases, websites or any other public platforms,
once the personal information in question is no longer necessary, or relevant.
RTBF gained currency after the 2014 decision of the Court of Justice of the European
Union (“CJEU”) in the Google Spain case.
RTBF has been recognised as a statutory right in the European Union under the General
Data Protection Regulation (GDPR), and has been upheld by a number of courts in the
United Kingdom, and in Europe.
In India, there is no law that specifically provides for the right to be forgotten. However,
the Personal Data Protection Bill 2019 recognised this right.
Google Spain Case

In this case, the CJEU ruled in favour of a Spanish national who had requested Google to
remove two links to newspaper articles about him.
It held that personal information found to be inadequate, irrelevant, or excessive in
relation to the purposes of the processing should be erased, even if it was published
lawfully.

RTBF in India & Need
In India, RTBF doesn’t have legislative sanction yet. However, in the Puttaswamy
judgment, the Supreme court held that the right to privacy is a fundamental right.
In the Puttaswamy judgment, the Supreme Court observed that the “right of an individual
to exercise control over his personal data and to be able to control his/her own life would
also encompass his right to control his existence on the Internet”.
Currently, many High courts have expressly recognised the right to be forgotten in their
judgments, taking note of international jurisprudence on this right.
With deeper integration of technology and the digitisation of data, a simple Google search
can yield a plethora of information about an individual, which may hurt a person's
reputation & dignity guaranteed under Article 21 of the constitution.
At a time when the judiciary is entering Phase III of its ambitious eCourts project, rights
such as RTBF will have to be coded into any technology solution that is developed for
judicial data storage and management.
Challenges Associated With Right to Be Forgotten

Legal Challenge: Right to be forgotten may get into conflict with matters involving public
records.
o For instance, judgments have always been treated as public records and fall within
the definition of a public document according to Section 74 of the Indian Evidence
Act, 1872.
o According to a report by Vidhi Centre for Legal Policy, RTBF cannot be extended to
official public records, especially judicial records as that would undermine public faith
in the judicial system in the long run.
Information in the Public Domain is Like Toothpaste: Like once toothpaste is out of the
tube one can’t get it back in and once the information is in the public domain, in the
digital era, it will never go away.
Individual vs Society: Right to be forgotten creates a dilemma between the right to
privacy of individuals and the right to information of society and freedom of press.

RTI
Why in News
The Centre has rejected 4.3% of all Right to Information (RTI) requests in 2019-20, the lowest
ever rate, according to the Central Information Commission (CIC)’s annual report.
▪ Rejection rates have fallen since the 13.9% rate in 2005-06, and have been steadily
trending downwards since the 8.4% spike in 2014-15.
Key Points
Rejection without Reason: Almost 40% of these rejections did not include any valid
reason, as they did not invoke one of the permissible exemption clauses in the Right to
Information (RTI) Act.
o These rejections are classified under the ‘Others’ category in the CIC data.
o The Finance Ministry alone rejected 40% of its total RTI requests without providing a
valid reason under the Act.
o More than 90% of rejections by the Prime Minister’s Office, the Delhi High Court,
the Comptroller and Auditor General, among others fell into the “Others” category.
Maximum Rejections: The Home Ministry had the highest rate of rejections, as it
rejected 20% of all RTIs received.
o The Delhi Police and the Army also saw increases in rejection rates.
Ground for Rejection of the RTI Requests:
o Section 8(1) deals with the exemption from disclosure of information:
▪ If it is related to the sovereignty and integrity of India, the security, strategic,
scientific or economic interests of the State, relation with foreign State or lead to
incitement of an offence,
▪ Information including commercial confidence, trade secrets or intellectual
property,
▪ Information, the disclosure of which would endanger the life or physical safety of
any person,

▪ Information which would impede the process of investigation or prosecution of
offenders,
▪ Information which relates to personal information the disclosure of which has no
relationship to any public activity or interest.
▪ Of the permissible grounds for rejection, Section 8(1) was used in around 46% of
the cases.
o Section 9
▪ It empowers the Central Public Information Officer or State Public Information
Officer to reject a request for information which involves an infringement of
copyright.
o Section 24:
▪ It exempts information related to security and intelligence organisations except
allegations of corruption and human rights violations.
▪ Around one in five (20%) permissible rejections coming under this category.
Right to Information (Amendment) Act, 2019

It provided that the Chief Information Commissioner and an Information Commissioner (of
Centre as well as States) shall hold office for such terms as prescribed by the Central
Government.
o Before this amendment, their term was fixed for 5 years.
It provided that the salary, allowances and other service conditions of the Chief
Information Commissioner and an Information Commissioner (of Centre as well as States)
shall be such as prescribed by the Central Government.
o Before this amendment, the salary, allowances and other service conditions of the Chief
Information Commissioner were similar to those of the Chief Election Commissioner and
that of an Information Commissioner were similar to those of an Election Commissioner
(State Election Commissioners in case of States).
It removed the provisions regarding deductions in salary of the Chief Information
Commissioner, an Information Commissioner, the State Chief Information Commissioner
and a State Information Commissioner due to pension or any other retirement benefits
received by them for their previous government service.
Central Information Commission
Established:
o The Central Information Commission was established by the Central Government in
2005, under the provisions of the Right to Information Act (2005). It is not a
constitutional body.
Members:
o The Commission consists of a Chief Information Commissioner and not more than ten
Information Commissioners.
▪ At present (2019), the Commission has six Information Commissioners apart from the
Chief Information Commissioner.
Appointment:
o They are appointed by the President on the recommendation of a committee consisting
of the Prime Minister as Chairperson, the Leader of Opposition in the Lok Sabha and a
Union Cabinet Minister nominated by the Prime Minister.
Tenure:
o The Chief Information Commissioner and an Information Commissioner shall hold office
for such terms as prescribed by the Central Government or until they attain the age of
65 years, whichever is earlier.
o They are not eligible for reappointment.
Power and Functions of CIC:
o It is the duty of the Commission to receive and inquire into a complaint from any person
regarding information request under RTI, 2005.
o The Commission can order an inquiry into any matter if there are reasonable
grounds (suo-moto power).
o While inquiring, the Commission has the powers of a civil court in respect of
summoning, requiring documents etc.

ANTI TRAFFICKING BILL
Why in News
Ministry of Women and Child Development released Draft anti-trafficking
Bill, the Trafficking in Persons (Prevention, Care and Rehabilitation) Bill, 2021.
The bill once finalised will need the Cabinet approval and assent from both the houses of
Parliament to become a Law.
A previous draft had been introduced in 2018 but that could not be introduced in Rajya
Sabha amid stiff opposition from Parliamentarians and experts.
Key Points
Criticism to the Old Bill:
o According to the United Nations’ human rights experts, it was not in accordance with
the international human rights laws.
o The Bill seemed to combine sex work and migration with trafficking.
o The Bill was criticised for addressing trafficking through a criminal law perspective
instead of complementing it with a human-rights based and victim-centred
approach.
o It was also criticised for promoting “rescue raids” by the police as well
as institutionalisation of victims in the name of rehabilitation.
o It was pointed out that certain vague provisions would lead to blanket
criminalisation of activities that do not necessarily relate to trafficking.
Provisions in the New Bill:
o It extends to all citizens inside as well as outside India,
▪ Persons on any ship or aircraft registered in India wherever it may be or carrying
Indian citizens wherever they may be,
▪ A foreign national or a stateless person who has his or her residence in India at
the time of commission of offence under this Act, and

▪ The law will apply to every offence of trafficking in persons with cross-border
implications.
o Victims Covered:
▪ It extends beyond the protection of women and children as victims to now
include transgenders as well as any person who may be a victim of trafficking.
▪ It also does away with the provision that a victim necessarily needs to be
transported from one place to another to be defined as a victim.
o Defines ‘Exploitation’:
▪ The exploitation of the prostitution of others or other forms of sexual
exploitation including pornography, any act of physical exploitation, forced
labour or services, slavery or practices similar to slavery, servitude or forced
removal of organs, illegal clinical drug trials or illegal bio-medical research.
o Government Officers as Offenders:
▪ Offenders will also include defence personnel and government servants, doctors
and paramedical staff or anyone in a position of authority.
o Penalty:
▪ A minimum of seven years which can go up to an imprisonment of 10 years and a
fine of Rs 5 lakh in most cases of child trafficking.
▪ In case of the trafficking of more than one child, the penalty is now life
imprisonment.
o Similarity to Money laundering Act:
▪ Property bought via such income as well as used for trafficking can now be
forfeited with provisions set in place, similar to that of the money laundering
Act.
o Investigation Agency:
▪ The National Investigation Agency (NIA) shall act as the national investigating
and coordinating agency responsible for prevention and combating of trafficking
in persons.

o National Anti-Human Trafficking Committee
▪ Once the law is enacted, the Centre will notify and establish a National Anti-
Human Trafficking Committee, for ensuring overall effective implementation of
the provisions of this law.
▪ This committee will have representation from various ministries with the home
secretary as the chairperson and secretary of the women and child development
ministry as co-chair.
▪ State and district level anti-human trafficking committees will also be
constituted.
Significance:
o The transgender community, and any other person, has been included which will
automatically bring under its scope activity such as organ harvesting.
o Also, cases such as forced labour, in which people lured with jobs end up in other
countries where their passports and documentation is taken away and they are made
to work, will also be covered by this new law.
Legislations in India that Prohibits Human Trafficking:
o Article 23 (1) in the constitution of India prohibits trafficking in human beings and
forced labour.
o The Immoral Traffic (Prevention) Act, 1956 (ITPA) penalizes trafficking for
commercial sexual exploitation.
o India also prohibits bonded and forced labour through the Bonded Labour System
(Abolition) Act 1976, Child Labour (Prohibition and Abolition) Act 1986, and Juvenile
Justice Act.
o Sections 366(A) and 372 of the Indian Penal Code, prohibits kidnapping and selling
minors into prostitution respectively.
o Apart from this, the Factories Act, 1948 guaranteed the protection of rights of
workers.
International Conventions, Protocols and Campaigns:
o Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women
and Children in 2000 as a part of the UN Convention Against Transnational
Organised Crime. The United Nations Office on Drugs and Crime (UNODC) is
responsible for implementing the protocol. It offers practical help to states with

drafting laws, creating comprehensive national anti-trafficking strategies, and
assisting with resources to implement them.
o Protocol against the Smuggling of Migrants by Land, Sea and Air. It entered into
force on 28th January 2004. This also supplements the UN Convention Against
Transnational Organised Crime. The Protocol is aimed at the protection of rights of
migrants and the reduction of the power and influence of organized criminal groups
that abuse migrants.
o Universal Declaration of Human Rights (1948) is a non-binding declaration that
establishes the right of every human to live with dignity and prohibits slavery.
o Blue Heart Campaign: The Blue Heart Campaign is an international anti-trafficking
program started by the UNODC.
o Sustainable Development Goals: Various SDGs aim to end trafficking by targeting its
roots and means viz. Goal 5 (Achieve gender equality and empower all women and
girls), Goal 8 (Promote sustained, inclusive and sustainable economic growth, full and
productive employment and decent work for all) and Goal 16 (Promote peaceful and
inclusive societies for sustainable development, provide access to justice for all and
build effective, accountable and inclusive institutions at all levels).

SUB CATEGORIZATION OF OBC
Why in News
Centre has extended the tenure of the Rohini Commission until 31st July, 2021 to submit its
report on Sub-categorisation of Other Backward Classes (OBCs).
▪ The Rohini Commission was constituted in October 2017 under Article 340 of the
Constitution. At that time, it was given 12 weeks to submit its report, but has been
given several extensions since, the latest one being the 10th.
▪ Article 340 deals with the appointment of a commission to investigate the
conditions of backward classes.
Key Points
Need for Committee for Sub-categorisation of OBCs:
o Ensuring Equality:
▪ It had been constituted to complete the task of sub-categorising 5000-odd
castes in the central OBC.
• OBCs are granted 27% reservation in jobs and education under the central
government.
• The need for sub-categorisation arises out of the perception that only a few
affluent communities among the over 2,600 included in the Central List of
OBCs have secured a major part of this 27% reservation.
▪ Sub-categorisation would ensure more equitable distribution of opportunities in
central government jobs and educational institutions.
o Recommended by NCBC:
▪ In 2015, the National Commission for Backward Classes (NCBC) had
recommended that OBCs should be categorised into extremely backward
classes, more backward classes and backward classes.
▪ The benefits of the reservation in OBCs are being cornered mostly by the
dominant OBC groups over the years so there is a need to recognise sub-quotas
for the extremely backward classes within the OBCs.

▪ NCBC has the authority to examine complaints and welfare measures regarding
socially and educationally backward classes.
Commission’s Terms of Reference (ToR):
o Examining Inequality: To examine the extent of inequitable distribution of benefits of
reservation among the castes or communities included in the broad category of OBCs
with reference to such classes included in the Central List.
o Determining Parameters: To work out the mechanism, criteria, norms and
parameters in a scientific approach for sub-categorisation within such OBCs.
o Classification: To take up the exercise of identifying the respective castes or
communities or sub-castes or synonyms in the Central List of OBCs and classifying
them into their respective sub-categories.
o Eliminating Errors: To study the various entries in the Central List of OBCs and
recommend correction of any repetitions, ambiguities, inconsistencies and errors of
spelling or transcription.
Challenges Before the Commision:
o Data Deficiency:
▪ Absence of data for the population of various communities to compare with their
representation in jobs and admissions.
o Delaying of Survey:
▪ It was decided in Census 2021, data of OBCs will also be collected, but no
consensus has been reached regarding enumeration of OBCs in the Census.
Findings of the Commision Until Now:
o In 2018, the Commission analysed the data of 1.3 lakh central jobs given under OBC
quota over the preceding five years.
o It also analysed OBC admissions to central higher education institutions, including
universities, IITs, NITs, IIMs and AIIMS, over the preceding three years.
The findings were:
▪ 97% of all jobs and educational seats have gone to just 25% of all sub-castes
classified as OBCs.
▪ 24.95% of these jobs and seats have gone to just 10 OBC communities.

▪ 983 OBC communities (37% of the total) have zero representation in jobs and
educational institutions.
▪ 994 OBC sub-castes have a total representation of only 2.68% in recruitment
and admissions.
o In mid- 2019, the Commission informed that it is ready with the draft report (on sub-
categorisation). It is widely understood that the report could have huge political
consequences and face a judicial review so it's still not released.
OBC Recruitment in the Central Government Jobs (as per the Report submitted by the
Department of Personnel and Training to NCBC in 2020):
o From the data of 42 ministries/departments, OBC representation in Central
government jobs was found out to be:
▪ 16.51 % in Group-A central government services.
▪ 13.38 % in Group-B central government services.
▪ 21.25 % in Group-C (excluding safai karamcharis).
▪ 17.72 % in Group-C (safai karamcharis).
o Regarding NFS:
▪ NCBC also found out that a number of posts reserved for OBCs were being filled
by people of general category as OBC candidates were declared “NFS” (None
Found Suitable).
Revision of Creamy Layer:
o Even the revision of the income limit for the creamy layer for the OBCs is under
consideration.

SC TO CLOSE CASE AGAINST ITALIAN
MARIENS
Why in news?
The Supreme Court ordered the closure of proceedings in India against two Italian marines,
accused of killing two fishermen off the Kerala coast in February 2012.
What is the case on?

On February 15, 2012, two Indian fishermen were returning from a fishing expedition near
Lakshadweep islands onboard fishing vessel St Antony.
They were gunned down by two Italian marines on board oil tanker Enrica Lexie.
The incident occurred around 20 nautical miles off the coast of Kerala.
Shortly after the incident, the Indian Coast Guard intercepted Enrica Lexie.
They detained the two Italian marines, Salvatore Girone and Massimiliano Latorre.
The challenges in dealing with the case had to do with -
• the legal tangles over jurisdiction
• the lawfulness of their arrest and the location of their trial
• the provisions of law under which they should be tried
• legal accountability through a criminal trial
What was the Permanent Court of Arbitration ruling?

[Permanent Court of Arbitration - a tribunal under the UN Convention on the Law of the
Sea]
The Permanent Court of Arbitration had clarified that India and Italy had concurrent
jurisdiction to try the case.
However, it said that the Italian marines enjoyed immunity from Indian jurisdiction.

This is because they were acting on behalf of a state.
The UN tribunal had also ruled that the Indian fishing boat, St. Antony, and the victims
were entitled to compensation.
This is on the ground that Enrica Lexie had violated the boat’s right of navigation under the
Law of the Sea.
What next?
The Supreme Court has issued the order of closure after Italy deposited compensation of
Rs. 10 crore.
The two marines are now likely to face trial in Italy.
But as far as India is concerned, the monetary compensation may have to be treated as the
only available form of closure for the moment.
The legal heirs of the two victims are likely to get Rs. 4 crore each, and the owner of the
fishing vessel, Rs. 2 crore.
…………………………………………………………………………………………………………………………………
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LAW CHRONICLES

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1) FARMERS PROTEST +FARM BILLS

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The Farmers' Produce Trade and Commerce (Promotion and

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Amendments to Essential Commodities Act (1955)

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Significance of these Acts

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i. the legal tangles over jurisdiction

What was the Permanent Court of Arbitration ruling?

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Positives of The Rules

Removal of non-consensual intimate pictures within 24 hours,

Associated Issues With the Rules

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Issues Associated with Banning Decentralised Cryptocurrencies

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Unlawful Activities Prevention Act, 1967

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▪ Electronic commerce or e-commerce is a business model that lets firms and

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Consumer Protection (E-Commerce) Rules, 2020

o Marketplaces, as well as sellers, need to appoint a grievance officer.

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Issues and concerns

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• Members of the Armed Forces.

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National Commission for Protection of Child Rights

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Associated Issues With the Bill

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The Right To Be Forgotten

Google Spain Case

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Challenges Associated With Right to Be Forgotten

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