Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Rice Export Curbs
Central Idea
- The Indian government takes measures to stabilize domestic rice prices and ensure food security.
- Recent actions include banning white rice exports, imposing a 20% export duty on par-boiled rice, and allowing Basmati rice exports under specific conditions.
Rice Production Estimate: Shows decline
- Third Advanced Estimate shows a 13.8% decline in Rabi season 2022-2023’s rice production.
- Kharif sowing data indicates increased rice cultivation, but delayed sowing predicted due to monsoon issues.
- Expectations of new season crop arrivals starting after the first week of September.
Rice Exports
- India holds a 45% share in the global rice market and leads in exports.
- April-May 2023 rice exports show a 21.1% increase compared to the previous fiscal year.
- May records a 10.86% rise in Basmati rice exports and 7.5% increase in non-Basmati rice exports.
- Non-Basmati rice shipments have been rising for three years, and Basmati exports in 2022-2023 exceed the previous year.
- Total rice exports (excluding broken rice) till August 17 are 15% higher than the same period last year.
Impact on Indian Farmers
- Increased Minimum Support Price (MSP) for rice benefits farmers.
- Current paddy procurement prices by rice millers are higher than MSP, ensuring better returns.
- Export restrictions prevent steep rice price increases in the domestic market.
- The government’s high benchmark price strategy benefits farmers, ensures availability, and avoids price spikes.
Exporters’ Perspectives
- Competitive prices of Indian par-boiled rice globally, despite the 20% export duty.
- Some rice-exporting countries, like Indonesia, now seek imports due to market dynamics.
- Calls for classifying rice based on type (common vs. specialty) instead of Basmati and non-Basmati.
- Suggestion to insulate Geographical Indication (GI) recognized rice from general market interventions.
- Concerns about the impact of export restrictions on farmers and calls for policy adjustments.
Conclusion
- India’s efforts to balance domestic and international rice markets involve export restrictions and price management.
- Rice exports remain competitive even with export duty, driven by global demand.
- Export policies and decisions need to be aligned with market dynamics to benefit farmers and the economy.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Red Sand Boa
Mains level: Not Much
Central Idea
- A recent report by the Wildlife Conservation Society (WCS)-India exposes 172 incidents of red sand boa (Eryx johnii) seizures spanning 2016-2021.
- It is illicitly traded under the notion of its role in black magic practices.
About Red Sand Boa
- The Red Sand Boa is a rare non-poisonous snake with applications in medicine, cosmetics, and even black magic, making it highly valued in the global market.
- Among the general public, it is referred to as the “Two-headed Snake” due to its thick tail with a rounded tip, resembling two heads.
Conservation Status
- Trading and possessing the red sand boa violate the Wildlife Protection Act of 1972.
- The species is categorized in Schedule IV of the WPA.
- Additionally, the red sand boa is listed in Appendix II of CITES.
- It holds a ‘Near Threatened’ classification by the IUCN, with a diminishing population trend.
Prime moving factor for trade: Social Media
- The study underscores the pivotal role of social media, particularly platforms like YouTube, as conduits for illegal trade.
- YouTube videos act as interfaces for buyers and sellers, occasionally facilitating transactions via WhatsApp.
- In 2021, approximately 200 videos advertising sand boas for sale on YouTube were identified.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Sanchar Saathi
Mains level: Not Much
Central Idea
- Recent reforms in the Indian telecom sector target cybercrime and financial fraud prevention.
- The reforms focus on revising bulk SIM card procurement norms and registering final points of sale (PoS).
- The objective is to bolster the effectiveness of the citizen-centric portal Sanchar Saathi, initiated earlier for the same purpose.
Sanchar Saathi: Empowering Citizens
- Sanchar Saathi empowers citizens to manage mobile connections and prevent misuse.
- Users can verify their registered connections, block stolen or lost phones, report suspicious connections, and verify device authenticity using IMEI.
- The system employs Central Equipment Identity Register (CEIR) and Telecom Analytics for Fraud Management and Consumer Protection (TAFCOP) modules.
- Sanchar Saathi has already analyzed 114 crore active mobile connections, identified 66 lakh suspicious connections, and disconnected 52 lakh connections.
- Additional achievements include blocking 66,000 WhatsApp accounts and freezing 8 lakh bank/wallet accounts linked to fraud.
- Over 300 FIRs have been filed against more than 1,700 dealers under the initiative.
Point of Sale (PoS) Reforms
- Reforms mandate registration of SIM card franchisees, agents, and distributors (PoS) with telecom operators.
- Operators are accountable for robust PoS verification, including mandatory police verification.
- Written agreements between PoS and licensees for SIM card sales are now obligatory.
- Existing SIM card providers are given a year to comply with the new registration process.
- Non-compliance results in termination, a 3-year blacklist, and a Rs 10 lakh penalty.
Addressing Bulk SIM Card Misuse
- The new approach replaces ‘bulk procurement’ with ‘business’ connections.
- Businesses can procure numerous connections, but each end-user must undergo KYC.
- KYC involves end-user verification, activating the SIM card only after successful KYC and address verification.
- To prevent misuse of printed Aadhaar, demographic details must be captured by scanning the QR code.
- Subscribers require full KYC for SIM replacement; outgoing and incoming SMS services are suspended for 24 hours during this process.
- Biometric authentication options, including thumb impression, iris, and facial recognition, are introduced.
- Disconnected mobile numbers cannot be assigned to other customers for 90 days.
Challenges and Considerations
- Effective enforcement at the local level for smaller stores needs examination.
- Concerns arise regarding infrastructure and safeguards for handling sensitive data.
- Clarity on agent requirements for data acquisition, processing, and retention is necessary.
- Despite Aadhaar-based KYC, persisting issues in fraud prevention need attention.
- Data acquisition should strictly align with its intended purpose.
Conclusion
- The telecom reforms aim to strengthen cybersecurity and financial safety.
- Balancing effective data collection and privacy is essential.
- Continuous vigilance and adaptation are vital to a robust cybersecurity framework.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Cauvery Water Dispute
Mains level: Read the attached story
Central Idea
- Karnataka has initiated the release of water from its reservoirs to Tamil Nadu, following the directives of the Cauvery Water Management Authority (CWMA).
- The outflow from the Krishnaraja Sagar (KRS) Reservoir across the Cauvery River in Mandya district has been escalated.
Also read:
Inter-state Water disputes in India
Increased Outflow Details
- The current outflow rate into the river is 4,398 cubic feet per second (cusecs), whereas the inflow stands at 2,300 cusecs as of Wednesday.
- The outflow rate was 2,292 cusecs on Tuesday at 8 p.m. but was increased after 11 p.m.
- The Kabini Reservoir in Mysuru district also contributes to the outflow, currently standing at 2,000 cusecs.
- Cumulatively, both reservoirs will release around 6,398 cusecs of water.
Cauvery Water Sharing Dispute: Historical Background
- 1892 Onset: The water dispute originates from 1892 between British-ruled Madras Presidency and the princely state of Mysore (now Karnataka).
- 1924 Agreement: A 50-year agreement mediated by the British aimed to ease tensions but set the stage for future conflicts.
- Post-Independence Battles: Karnataka’s dam constructions in the 1960s-80s triggered Tamil Nadu’s Supreme Court appeal, leading to the Cauvery Water Disputes Tribunal (CWDT).
- Interim Measures: The Cauvery River Authority (CRA) implemented interim orders in 1998. Contentious issues persisted despite CWDT’s 2013 award.
- Final Award: CWDT’s 2013 award allocated water quantities for Tamil Nadu (419 TMC), Karnataka (270 TMC), Kerala (30 TMC), and Puducherry (7 TMC).
Water Sharing Criteria
- Monthly Schedule: Karnataka, the upper riparian state, must provide Tamil Nadu a specified monthly water quantity.
- Annual Allocation: In a “normal” year, Karnataka provides 177.25 TMC to Tamil Nadu, with 123.14 TMC during the southwest monsoon.
- Challenges: Monsoon disagreements arise due to varying rainfall during this period.
Constitutional Provisions for Water Sharing
- Article 262: Empowers Parliament to address inter-State river disputes; IRWD Act, 1956 enacted under this article.
- Seventh Schedule: Defines legislative authority over water resources in Entry 17 (State List) and Entry 56 (Union List).
Resolving Cauvery Water Sharing
(A) Supreme Court’s 2018 Verdict:
- Cauvery as National Asset: The Supreme Court declared Cauvery a “national asset,” upholding inter-State river water equality.
- Allocation Adjustments: The Court noted deficiencies in CWDT’s assessment, resulting in marginal relief for Karnataka and reduced allocation for Tamil Nadu.
- Formation of CMB: The Court directed the establishment of the Cauvery Management Board (CMB) for effective implementation.
(B) Cauvery Water Management Scheme:
- CWMA Establishment: Formed to regulate water releases with CWRC’s assistance.
- Permanent and Technical Bodies: CWMA oversees regulation, while CWRC ensures data collection and award implementation.
Current Status and Future Implications:
- Ongoing Challenge: The Cauvery water dispute remains a historical and legal challenge.
- Resource Management: CWMA and CWRC aim to address the dispute through effective water management.
- Continued Struggle: The dispute underscores the complexity of water sharing in a federal system and the need for equitable solutions.
Tamil Nadu’s Contention
- CWMA’s Decision: CWMA sought 10,000 cusecs for 15 days from Karnataka, but Karnataka proposed 8,000 cusecs up to August 22.
- Previous Agreement: Karnataka’s refusal to adhere to the earlier agreement of 15,000 cusecs for 15 days at the CWRC meeting angered Tamil Nadu.
- Distress-sharing Formula: Tamil Nadu supports distress-sharing, but Karnataka hasn’t embraced it.
Karnataka’s Perspective
- Rainfall Deficit: Karnataka claims lower rainfall in Cauvery’s catchment areas, including Kerala, leading to reduced inflow.
- Challenging Situation: Karnataka cites reduced reservoir inflow as the reason for not releasing water this year.
- Lack of Consistency: Despite endorsing distress-sharing, Karnataka declined to accept the formula.
Future Scenario
- Tamil Nadu’s Concerns: Mettur reservoir’s critically low storage affects farmers and upcoming kuruvai crop.
- Water Shortage: Current water availability may last only 10 days, considering dead storage and drinking water needs.
- Awaiting Supreme Court: The case’s outcome depends on the Supreme Court’s interpretation and decision.
- Need for Resolution: The need for a mutually acceptable distress-sharing formula is evident.
Ongoing Challenges and Factors Prolonging the Dispute:
- Erratic Water Levels: Flood-drought cycles, pollution, and groundwater depletion cause unpredictable water levels.
- Idealistic Calculations: SC’s verdict relies on favorable conditions often misaligned with reality.
- Dependency and Population: Both states heavily rely on the river, causing conflicting urban and agricultural water needs.
- Inefficient Water Use: Inefficient irrigation methods lead to low crop productivity per unit of water used.
- Hydropolitics and Delays: Water disputes are used for political mobilization. Prolonged tribunal processes contribute to delays.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Medical ethics, Informed consent
Central Idea
- A Member of Parliament in the UK demanded a statutory inquiry into medical research conducted on Indian-origin and South Asian women in Coventry.
- Women of Indian origin were fed Chapatis containing a radioactive isotope of iron, Iron-59 to verify if it treats anaemia.
The 1969 Chapati Study
- The study took place in 1969 and involved approximately 21 Indian-origin women from Coventry.
- These women were given chapatis containing a radioactive isotope of iron, Iron-59, as a part of an effort to combat widespread anaemia.
- The UK’s Medical Research Council (MRC) concluded that the study demonstrated the necessity for increased iron intake among Asian women due to the insolubility of iron in flour.
Ethical Considerations
- The release of the documentary “Deadly Experiments” in 1995 drew attention to the administration of radioactive substances in research during the 1950s and 1960s in the UK and the US.
- Women were unaware of the experiment and its purpose; chapatis were delivered without clear information about their content.
- An independent Committee of Inquiry was established in response to public criticism following the documentary’s release.
- Principles violated in the experiment:
- Informed consent
- Participant-centeredness and
- Transparent engagement
Reflections on Past Practices
- Researchers made judgments about benefits and costs without prioritizing participants’ well-being.
- The study’s design aligned with the prevailing “paternalistic nature of science” and societal attitudes of the time.
- The report suggested providing study materials in participants’ languages and addressing challenges with informed consent.
- Determining informed consent many years later remains a significant challenge.
- The MRC no longer possessed the participant list, and public appeals for participants yielded no results.
Understanding Radioactive Isotopes
- Radioactive isotopes are unstable forms of elements that emit radiation during their transformation into stable forms.
- Unstable nuclei contain excess energy, which is released as radiation in the form of waves or particles.
- The long-term health effects of radiation exposure vary depending on the type and amount of radiation.
Current Repercussions
- An MP emphasized the MRC’s unfulfilled recommendation to identify and engage the women participants.
- Identifying participants would have enabled them to share experiences, receive support, and learn from the experiment.
- The MRC reaffirmed its commitment to engagement, transparency, and upholding the highest research standards.
Conclusion
- The study underscores ethical concerns within historical medical research.
- Reflecting on past practices informs present and future medical research endeavours.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Bharatiya Nyaya Sanhita, 2023, CrPc and IPC
Mains level: Bharatiya Nyaya Sanhita, 2023, reforms and concerns
What’s the news?
- The proposed inclusion of Clause 69 in the Bharatiya Nyaya Sanhita, 2023 has sparked a critical debate about the role of criminal law in regulating intimate relationships.
Central idea
- The Bharatiya Nyaya Sanhita of 2023 introduces a thought-provoking Clause 69, which seeks to criminalize sexual acts grounded in promises of marriage that are ultimately unfulfilled. While the clause extends its scope to encompass instances of deceit-based sexual interactions, its primary focus is on situations where a promise of marriage serves as the foundation.
Complexities of Consent and Promise of Marriage in Indian Law
- Historical Precedent: The judiciary has historically categorized sex involving unfulfilled marriage promises as rape under IPC Section 375. Consent is contingent on the promise.
- Persistent Practice: Despite the 2013 amendments redefining consent under Section 375, courts still rely on IPC Section 90, which includes consent under “fear” or “misconception”.
- Retrospective Invalidation: Misconception entails using promises to manipulate consent. The breakdown of such promises retrospectively invalidates consent, potentially leading to rape charges.
- Clause 69’s Distinct Offense: Clause 69 proposes a separate offense distinct from rape. This disregards the need for knowledge on the part of men and women, as well as the requirement of consent.
- Diminished Role of Consent: Clause 69, regardless of the basis of a woman’s consent, punishes consensual sex if a false marriage promise is established.
What are the concerns?
- Misuse Concerns: Clause 69 might be misused when parents discover premarital sexual activity, leading to its invocation regardless of the promise’s existence.
- Potential Impact: While acquittal is possible with the woman’s denial of the promise, arrests and detention during legal proceedings can disrupt lives.
- Rising Trend of Misuse: A significant portion of rape trials, particularly those initiated by parents or guardians, aims to curb women’s sexual autonomy.
- Statutory Rape Charges: Parents often report women as minors in elopement cases, leading to statutory rape charges against partners. Subsequent acquittals occur when age is proven.
- Unintended Rape Charges: Intriguingly, rape charges arise not due to lack of consent, but rather because of consent, highlighting the paradoxical outcomes of certain legal strategies.
Judicial Interpretations
- Deelip Singh v. State of Bihar, 2004: Recontextualizing Consent Dynamics
- This case illuminates the nuanced approach courts take when considering consent within the context of a broken promise of marriage.
- The Supreme Court’s ruling signifies that consent could be contingent on parental approval, adding complexity to the understanding of consent in intimate relationships.
- Uday v. State of Karnataka, 2003: Socio-Cultural Dimensions of Consent
- In this case, the court’s perspective sheds light on how societal norms influence the interpretation of consent in promise-to-marry scenarios.
- The recognition of inter-caste marriage norms illustrates that consent might still exist even when a promise of marriage remains unfulfilled due to societal constraints.
Way forward
- Comprehensive Consent Education:
- Implement comprehensive sex education programs to emphasize consent, communication, and respect in relationships.
- Equip individuals with the necessary knowledge and skills to navigate situations involving consent and promises.
- Empowering Women’s Agency:
- Promote initiatives that empower women through education, vocational training, and economic opportunities.
- Conduct community-driven campaigns to challenge traditional gender norms and advocate for women’s rights.
- Balanced Legal Reforms:
- Seek legal reforms that consider the complexities of relationships and ensure justice without undue victimization.
- Collaborate with legal experts, sociologists, and gender activists to draft legislation respecting individual agency.
- Support Structures for Victims:
- Establish comprehensive support mechanisms, including counseling, legal aid, and safe spaces for individuals affected.
- Aim to minimize the potential harm that legal processes may cause while protecting the rights of victims.
- A Holistic Perspective on Consent:
- Foster a societal shift towards affirmative consent in intimate interactions.
- Launch public awareness campaigns to dispel myths and misconceptions surrounding consent.
- Promoting Dialogue and Mediation:
- Encourage alternative dispute resolution methods like mediation and counseling to resolve cases arising from broken promises.
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- Collaborate with community leaders and organizations to facilitate open discussions on relationships and consent.
Conclusion
- Clause 69 of the Bharatiya Nyaya Sanhita, 2023, necessitates careful reflection on consent, autonomy, and societal norms. Empowerment comes from transcending narrow legal frameworks and cultivating a culture that values individual agency and choices in relationships and decisions.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Rice Export Restrictions, impact and suggestions
What’s the news?
- The Indian Government Implements Rice Export Restrictions to Stabilize Domestic Prices
Central Idea
- In a bid to control domestic rice prices and safeguard the country’s food security, the Indian government has implemented a series of measures that impact rice exports and production. These steps include prohibiting the export of white rice, imposing a 20% export duty on par-boiled rice and allowing the export of Basmati rice only for contracts valued at $1,200 per tonne or higher.
What is the rice production estimate?
- Rabi season: According to the third Advanced Estimate of the Department of Agriculture and Farmers Welfare, during the Rabi season 2022-2023, rice production was 13.8% less, at 158.95 lakh tonnes tons, compared to 184.71 lakh tonnes during Rabi 2021-2022.
- Kharif season: Kharif sowing data show that rice is sown on 384.05 lakh hectares this year as on August 25 compared with 367.83 lakh hectares during the same period last year.
- Shortfall in the south-west monsoon: In states such as Tamil Nadu, where the Samba crop sowing usually starts in August in the Cauvery delta area, now it will be delayed due to a shortfall in the south-west monsoon.
- El Niño effects: Trade and rice millers say that new-season crop arrivals will start after the first week of September, and that El Niño effects are likely to impact arrivals to some extent. According to M. Sivanandan, secretary of the Tamil Nadu Rice Millers Association, paddy prices that were ₹27 a kg last year this month is at ₹33 a kg now.
Rice Exports Overview
- India’s Global Leadership: India boasts the position of being the world’s largest rice exporter, holding a significant 45% share in the global rice market.
- Export Growth in 2023: During the months of April and May in 2023, rice exports surged significantly by 21.1% compared to the same period in the preceding fiscal year.
- Basmati Rice Export Surge: Notably, the month of May saw a remarkable growth of 10.86% in Basmati rice exports as opposed to May 2022.
- Non-Basmati Exports Rise: Despite the introduction of a 20% export duty on white rice and the prohibition of broken rice exports in September, non-Basmati rice shipments saw a noteworthy increase of 7.5% in exports.
Trends and Data
- Steady Non-Basmati Exports: The trend of rising non-Basmati rice exports has remained consistent over the past three years.
- Basmati Exports Performance: Data from the All-India Rice Exporters’ Association indicates that exports of Basmati rice for the 2022-2023 period surpassed the figures from the previous year.
- August 17 Exports: Up until August 17, 2023, the total rice exports (excluding broken rice) reached 7.3 million tonnes, showcasing a substantial 15% increase in comparison to the 6.3 million tonnes recorded during the corresponding period in the preceding year.
Global Challenges and Impact
- Challenges in Other Nations: Beyond India, several countries are grappling with challenges in rice production and exports.
- Thailand anticipates a nearly 25% decrease in production in the upcoming year.
- Myanmar has halted raw rice exports.
- Adverse crop conditions are reported in Iraq and Iran, affecting their rice crops.
How Will These Measures Help India?
- Food Security Assurance: Banning rice exports ensures a steady supply of rice within the country.
- Price Stability: By restricting rice exports, the government can prevent abrupt spikes in domestic rice prices.
- Supporting Vulnerable Populations: The ban on exports helps maintain affordable prices for rice.
- Managing Supply Chain Resilience: Export bans mitigate disruptions in the rice supply chain. This ensures that even in the face of challenges such as adverse weather conditions or logistical issues, the availability of rice in the domestic market remains consistent.
- Strengthening Local Procurement: By redirecting rice to local markets, the government can enhance its efforts to procure grains for public distribution programs.
Concerns Raised
- Export Revenue Impact: Exporters might experience reduced revenue due to limited access to international markets. This can affect their financial viability and potentially lead to job losses within the export sector.
- Trade Relations: Imposing export bans could strain trade relationships with countries that rely on India as a rice supplier. Diplomatic efforts might be required to manage any potential tensions arising from these restrictions.
- Long-Term Export Effects: Prolonged export restrictions could result in a loss of market share over time. Competing rice-exporting countries might seize the opportunity to strengthen their presence in international markets, impacting India’s export potential once the ban is lifted.
- Global Food Price Influence: Reduced rice supply from a major exporter like India could contribute to global food price volatility, affecting the food security of other nations.
- Efficiency Concerns: In some cases, export bans might lead to inefficiencies in resource allocation. If farmers have surplus produce that cannot be exported, it could result in wastage or inadequate storage facilities.
What can Indian farmers expect?
- Minimum Support Price (MSP) Increase: The government has raised the Minimum Support Price (MSP) for rice, indicating that farmers can anticipate better returns for their crops. This ensures that the paddy purchased by rice millers will be priced higher than the MSP, providing farmers with improved income.
- Price Stability for Farmers: Rice prices are not expected to decline for farmers due to the increased MSP and other measures. This stability in prices can contribute to more consistent and predictable incomes for agricultural producers.
- Controlled Rice Price Climbs: The restrictions on rice exports are designed to prevent steep price increases in the domestic market. Farmers can expect that the government’s efforts to stabilize rice prices will positively impact their ability to fetch reasonable rates for their produce.
- Better Income Prospects: With a higher benchmark price established by the government, farmers are likely to benefit from improved earnings. This elevation in benchmark prices is expected to translate into better market rates for their rice.
- Secured Long-Term Availability: While there may be a minor current increase in rice prices for domestic consumers, the long-term availability of rice is secured. Farmers can anticipate a steady demand for their produce without fear of drastic price fluctuations.
Suggestions provided by exporters
- Reclassification for Export Decisions: Exporters suggest that the government should classify rice as either common rice or specialty rice for export policy decisions, rather than solely categorizing it as Basmati and non-Basmati. This approach aims to tailor policies to different rice varieties.
- Geographical Indication Recognition: Trade policy consultant S. Chandrasekaran proposes that rice varieties with Geographical Indication (GI) recognition should be shielded from general market interventions. This measure aims to preserve the unique qualities of these specific rice types.
- Basmati Rice Export Policy: A Basmati rice exporter, Mohit Gupta, recommends that the government should have allowed Basmati rice exports to continue or set a minimum value for exports, such as $900 per tonne. Gupta argues that such restrictions could impact both exporters and farmers, as demand influences paddy purchases.
Conclusion
- The Indian government’s recent measures to control rice exports and stabilize the domestic market exhibit a multifaceted approach. As stakeholders await further developments and clarifications on government policies, the long-term impact on Indian agriculture and rice exports remains an evolving narrative.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: AI applications
Mains level: Emergence of AI and need for careful regulations
What’s the news?
- Divergence in AI Regulation Approaches: Western Model Emphasizes Risk, Eastern Approach Prioritizes Values, Urges India to Shape Regulations in Line with Cultural Identity.
Central idea
- Artificial Intelligence (AI) has firmly entrenched itself in our lives, heralding a transformative era. Its potential to revolutionize work processes, generate creative solutions through data assimilation, and wield considerable influence for good and ill is undeniable. In light of these realities, the imperative for AI regulation cannot be overlooked.
The need for careful AI regulation
- Ethical Impact and Accountability: AI’s decisions can have ethical implications, necessitating regulations to ensure responsible and ethical use.
- Data Privacy and Protection: As AI relies on data, regulations are essential to safeguard individuals’ privacy and prevent unauthorized data usage.
- Addressing Bias and Fairness: AI can perpetuate biases present in data, leading to unfair outcomes. Regulations are required to ensure fairness and prevent discrimination.
- Minimizing Unintended Outcomes: Complex AI systems can yield unexpected results. Careful regulation is needed to minimize unintended consequences and ensure safe AI deployment.
- Balancing Innovation and Risks: Regulations strike a balance between fostering AI innovation and managing potential risks such as job displacement and social disruption.
- Ensuring Security and Accountability: Regulations help ensure AI system security by setting standards for protection against cyber threats and unauthorized access. Establishing clear guidelines enhances accountability for any security breaches.
- Preserving Human Autonomy: Regulations prevent overreliance on AI, preserving human decision-making autonomy. AI systems should assist and augment human judgment rather than replace it entirely.
- Global Collaboration and Consensus: Regulations facilitate international collaboration and the development of common ethical standards and guidelines for AI.
Contrast between Western and Eastern approaches to AI regulation
- Global Regulatory Landscape:
- Governments worldwide are grappling with the challenge of regulating AI technologies.
- Leading regions in AI regulation include the EU, Brazil, Canada, Japan, and China.
- It forms groups such as the EU, Brazil, and the UK as western systems, while Japan and China represent eastern models.
- Intrinsic Differences:
- Western and eastern approaches to AI regulation exhibit fundamental differences.
- Western regulations are influenced by a Eurocentric view of jurisprudence, while the eastern model takes a distinct path.
- Western Risk-Based Approach:
- Western systems employ a risk-based approach to AI regulation.
- Risk categories such as unacceptable risk, high risk, limited risk, and low risk are identified for AI applications.
- Different regulatory measures are applied based on the risk level, ranging from prohibitions to disclosure obligations.
- Eastern Models: Japan and China
- Japan’s approach is embodied in the Social Principles of Human-Centric AI.
- These principles include human-centricity, data protection, safety, fair competition, accountability, and innovation.
- China’s regulations emphasize adherence to laws, ethics, and societal values in AI services.
- Values vs. Means:
- A stark difference emerges between the two models regarding their approach to regulation.
- The western model specifies how regulations should be implemented, focusing on means and rationale.
- The eastern model emphasizes upholding values and ends, embracing the overlap between legal and moral considerations.
- Comparative Effectiveness:
- The western model is well-suited for rule-abiding societies, offering clear rules and punitive measures for non-compliance.
- The eastern model emphasizes a holistic approach, allowing for flexibility and acknowledging the intertwining of legality and morality.
- Hindu Jurisprudence Concept:
- The concept of Hindu Jurisprudence is introduced, referring to legal systems that embrace the overlap between legal rules and moral values.
- Historical Perspective:
- The differences between eastern and western approaches have historical roots.
- Professor Northrop’s study in the 1930s highlighted cultural and philosophical distinctions in legal systems.
Distinction between Eurocentric and Eastern legal systems
- Eurocentric vs. Eastern Legal Systems: Professor Northrop’s analysis distinguishes between Eurocentric (Western) and Eastern legal systems. Western legal systems create rules through postulation, defining specific actions and penalties in a given social order.
- Postulation in Western Legal Systems: In Eurocentric systems, laws prescribe precise actions and consequences for non-compliance. The focus is on specifying what must be done within a legal framework.
- Intuition in Eastern Legal Systems: Eastern legal systems, referred to as Oriental, establish rules through intuition. Laws set the desired end or objective to be achieved and the moral values underlying the law.
- Role of Morality and Ends: In the Eastern approach, the moral aspect of the law plays a central role. Legal rules are geared towards achieving specific moral and societal objectives.
- Success of Ancient Indian Legal Systems: Ancient Indian legal systems achieved success due to clear objectives and underlying moral codes. People complied with these laws through intuition rooted in morality.
- Examples of Moral-Based Compliance: Instances like the Pandavas’ exile and Emperor Ashoka’s edicts demonstrate how ancient Indian laws aligned with underlying morality. These historical examples show how people followed laws guided by intuitive understanding and moral principles.
- Law and Morality in Eastern Cultures: In Eastern cultures, law and morality are often intertwined. Moral values influence the creation, interpretation, and adherence to laws.
- Impact of British Colonialism: The British colonization of India introduced a transplant of Western legal systems. The current legal system in India is seen as lacking the virtues of both the ancient Indian system and the English legal system.
How should AI be regulated in India?
- Perspective of Justice V. Ramasubramaniam
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- Justice V. Ramasubramaniam, a retired Supreme Court judge, has criticized the tendency to blindly emulate Western legal systems.
- In his judgments, he has highlighted the need to draw inspiration from Indian traditions and jurisprudence.
- A significant judgment on cryptocurrency by Justice Ramasubramaniam includes the Sanskrit phrase neti neti, indicating a non-binary perspective.
- Judges viewpoints like this could guide regulators in adopting a more Indian approach to regulation.
- NITI Aayog’s Approach:
- The NITI Aayog has circulated discussion papers on AI regulations.
- These papers predominantly reference regulations from Western countries like the EU, the US, Canada, the UK, and Australia.
- Alignment with Indian Ethos:
- India should establish AI regulations that reflect its cultural ethos and values.
- Drawing from India’s historical legal systems could provide a more appropriate regulatory framework.
- Hope for Better Regulation:
- AI regulation in India will be more considerate of Indian values and heritage than current indications suggest.
- It emphasizes the importance of a regulatory approach that aligns with the Indian ethos.
Conclusion
- The emergence of AI as a transformative force necessitates rigorous regulation. Embracing India’s unique legal heritage and considering the alignment of AI with societal values could lead to regulations that serve both innovation and morality. As India contemplates its AI regulatory landscape, it must not only look to the West but also introspect and turn its gaze eastward.
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