×

UPSC Courses

DNA banner

DAILY NEWS ANALYSIS

Monthly DNA

06 Jul, 2021

31 Min Read

Section 66A of IT Act is still used!

GS-II : Governance IT act

Section 66A of the IT Act is still used!

  • Section 66A dealt with information-related crimes in which sending information, by means of a computer resource or a communication device, which is inter alia offensive, derogatory and menacing is made a punishable offence.

  • In Shreya Singhal v. Union of India judgement, Justices Rohinton F. Nariman and J. Chelameswar observed that the weakness of Section 66A lay in the fact that it had created an offence on the basis of undefined actions: such as causing “inconvenience, danger, obstruction and insult”, which do not fall among the exceptions granted under Article 19 of the Constitution, which guarantees the freedom of speech.
  • The court also observed that the challenge was to identify where to draw the line. Traditionally, it has been drawn at incitement while terms like obstruction and insult remain subjective.
  • In addition, the court had noted that Section 66A did not have procedural safeguards like other sections of the law with similar aims, such as :
    1. The need to obtain the concurrence of the Centre before action can be taken.
    2. Local authorities could proceed autonomously, literally on the whim of their political masters.
  • The judgment found that Section 66A was contrary to both Articles 19 (free speech) and 21 (right to life) of the Constitution. The entire provision was struck down by the court.
  • After that government appointed an expert committee (T.K. Viswanathan committee) which proposed legislation to meet the challenge of hate speech online.

What is the news?

  • The Supreme Court on Monday found it “distressing”, “shocking” and “terrible” that people were still booked and tried under Section 66A of the Information Technology (IT) Act even six years after it struck down the provision as unconstitutional and a violation of free speech.
  • Section 66A had prescribed three years’ imprisonment if a social media message caused “annoyance” or was found “grossly offensive”.
  • The court, in the Shreya Singhal judgment authored by Justice Rohinton F. Nariman in March 2015, had concluded that the provision was vague and worded arbitrarily.
  • On Monday, senior advocate Sanjay Parikh and advocate Aparna Bhat, for the People’s Union for Civil Liberties (PUCL), said the number of cases registered under Section 66A had actually increased post the judgment.
  • “What is going on is terrible, distressing! We will issue notice,” Justice Nariman, heading a three-judge Bench comprising Justices K.M. Joseph and B.R. Gavai, exclaimed.
  • Attorney General K.K. Venugopal pointed out that law books published post the verdict featured the non-existent Section 66A “in full”. “The police officer, while registering a case, looks at only the Section in the main text... The fact that the Section has been struck down is given only as a footnote...,” he submitted.

Source: TH

Section 66A of IT Act issue

GS-II : Governance IT act

Section 66A of IT Act is still used!

  • Section 66A dealt with information-related crimes in which sending information, by means of a computer resource or a communication device, which is inter alia offensive, derogatory and menacing is made a punishable offence.
  • In Shreya Singhal v. Union of India judgement, Justices Rohinton F. Nariman and J. Chelameswar had observed that the weakness of Section 66A lay in the fact that it had created an offence on the basis of undefined actions: such as causing “inconvenience, danger, obstruction and insult”, which do not fall among the exceptions granted under Article 19 of the Constitution, which guarantees the freedom of speech.
  • The court also observed that the challenge was to identify where to draw the line. Traditionally, it has been drawn at incitement while terms like obstruction and insult remain subjective.
  • In addition, the court had noted that Section 66A did not have procedural safeguards like other sections of the law with similar aims, such as :
    1. The need to obtain the concurrence of the Centre before action can be taken.
    2. Local authorities could proceed autonomously, literally on the whim of their political masters.
  • The judgment had found that Section 66A was contrary to both Articles 19 (free speech) and 21 (right to life) of the Constitution. The entire provision was struck down by the court.
  • After that government had appointed an expert committee (T.K. Viswanathan committee) which proposed legislation to meet the challenge of hate speech online.

What is the news?

  • The Supreme Court on Monday found it “distressing”, “shocking” and “terrible” that people were still booked and tried under Section 66A of the Information Technology (IT) Act even six years after it struck down the provision as unconstitutional and a violation of free speech.
  • Section 66A had prescribed three years’ imprisonment if a social media message caused “annoyance” or was found “grossly offensive”.
  • The court, in the Shreya Singhal judgment authored by Justice Rohinton F. Nariman in March 2015, had concluded that the provision was vague and worded arbitrarily.
  • On Monday, senior advocate Sanjay Parikh and advocate Aparna Bhat, for the People’s Union for Civil Liberties (PUCL), said the number of cases registered under Section 66A had actually increased post the judgment.
  • “What is going on is terrible, distressing! We will issue notice,” Justice Nariman, heading a three-judge Bench comprising Justices K.M. Joseph and B.R. Gavai, exclaimed.
  • Attorney General K.K. Venugopal pointed out that law books published post the verdict featured the non-existent Section 66A “in full”. “The police officer, while registering a case, looks at only the Section in the main text... The fact that the Section has been struck down is given only as a footnote...,” he submitted.

Source: TH

National Ganga River Basin Authority, 2009

GS-III : Biodiversity & Environment Environmental Pollution

National Ganga River Basin Authority, 2009

  1. It was established in 2009 under Environment Protection Act, 1986 (which also declared Ganga as a 'National river'). It is financing, planning, implementing, monitoring, and coordinating authorities for Ganga under Jal Shakti Ministry.
  2. In 2014, it is transferred from MoEF to the Ministry of Jal Shakti.
  3. PM is the Chairperson. In 2016, it was changed to National Ganga Council (NGC).
  4. NMCG (National Mission on Clean Ganga), 2016
    1. It is the implementation wing of NGC set up in 2016 under River Ganga Authority Order 2016 (which dissolved NGRBA).
    2. It has 2 tier management structure (Governing Council & Executive Committee - 1000 crore approval).
    3. It has 5 tier structure at the National, State & Dist levels: NGC (PM), Empowered Task Force (MoJS), NMCG (2016), State Ganga Committees & Dist Ganga Committees.
    4. NMCG organized Ganga Vriksharopan Abhiyan in 5 Ganga basin States - UK, UP, BR, JH, WB. It is campaign for awareness.
    5. Ganga Gram Swachta Sammelan = Emphasis on Open Defection Free, Solid and Liquid Waste Management, Water conservation, Groundwater Recharge, Modern Crematorium, Tree plantation, Organic & medicinal plant agri.
  5. Namami Gange Programme
    1. It is an umbrella programme which integrates ongoing initiatives.
    2. The main pillars of NGP are Sewerage Treatment Infrastructure; River-Surface Cleaning in parts; Afforestation; Industrial Effluent Monitoring; River-Front Development; Bio-Diversity; Public Awareness; Ganga Gram.
    3. Commissioning of sewage treatment plants (STP) and laying sewer lines are at the heart of the mission to clean the Ganga.

Source: TH

Rashtriya Vayoshri Yojana and ADIP Scheme

GS-I : Social issues Old age policy and programme

Rashtriya Vayoshri Yojana and ADIP Scheme

Rashtriya Vayoshri Yojana

  • Rashtriya Vayoshri Yojana is a scheme for providing Physical Aids and Assisted-living Devices for Senior citizens belonging to the BPL category.
  • This is a Central Sector Scheme, fully funded by the Central Government. The expenditure for implementation of the scheme is being met by the "Senior Citizens' Welfare Fund".
  • The Scheme is being implemented by the Artificial Limbs Manufacturing Corporation (ALIMCO), a PSU under the Ministry of Social Justice and Empowerment.

Importance of the scheme

  • As per the Census figures of 2011, the population of senior citizens in India is 10.38 crore. More than 70% of the population of senior citizens live in rural areas of the country. A sizeable percentage (5.2%) of senior citizens suffer from some sort of disabilities related to old age. Projections indicate that the elderly population will increase to around 173 million by 2026.
  • The Government has hence devised the Central Sector Scheme to provide Physical aids and Assisted Living Devices for senior citizens suffering from age-related disabilities/ infirmities, who belong to the BPL category.

Duration

The Scheme duration is for a period of 3 years ie. up to 2019-20.

Eligibility

  • Senior Citizens, belonging to the BPL category and suffering from any of the age-related disability/infirmity viz.
  • Low vision, Hearing impairment, Loss of teeth and Locomotor disability will be provided with such assisted-living devices which can restore near normalcy in their bodily functions, overcoming the disability/infirmity manifested. The Scheme is expected to benefit 5,20,000 Senior Citizens across the country.

Salient features of the scheme

  • Free of cost distribution of the devices, commensurate with the extent of disability/infirmity that is manifested among the eligible senior citizens.
  • In case of multiple disabilities/infirmities manifested in the same person, the assistive devices will be given in respect of each disability/impairment.
  • ALIMCO will undertake one-year free maintenance of the aids & assisted living devices.
  • Beneficiaries in each district will be identified by the State Governments/UT Administrations through a Committee chaired by the Deputy Commissioner/District Collector.
  • As far as possible, 30% of the beneficiaries in each district shall be women.
  • The State Government/UT Administration/District Level Committee can also utilize the data of BPL beneficiaries receiving Old Age Pension under the NSAP or any other Scheme of the State/UT for the identification of senior citizens belonging to BPL category.
  • The devices will be distributed in Camp mode.

Assistance to Disabled persons for purchasing/fitting of aids/appliances (ADIP) scheme

  • The main objective of the Assistance to Disabled persons for purchasing/fitting of aids/appliances (ADIP) scheme is to assist the needy disabled persons in procuring durable, sophisticated and scientifically manufactured, modern, standard aids and appliances that can promote their physical, social and psychological rehabilitation, by reducing the effects of disabilities and enhance their economic potential.
  • The aids and appliances supplied under the Scheme shall conform to BIS specifications to the extent possible.
  • The scheme is implemented through implementing agencies such as the NGOs, National Institutes under this Ministry and ALIMCO (a PSU).

Eligibility of Implementing Agency under the Scheme

The following agencies would be eligible to implement the Scheme on behalf of the Ministry of Social Justice and Empowerment, subject to fulfilment of laid down terms and conditions:

  • Societies, registered under the Societies Registration Act, 1860 and their branches, if any, separately.
  • Registered charitable trusts
  • District Rural Development Agencies, Indian Red Cross Societies and other Autonomous Bodies headed by District Collector/Chief Executive Officer/District Development Officer of Zilla Parishad.
  • National/Apex Institutes including ALIMCO function under the administrative control of the Ministry of Social Justice and Empowerment/Ministry of Health and Family Welfare.
  • State Handicapped Development Corporations.
  • Local Bodies- Zilla Parishad, Municipalities, District Autonomous Development Councils and Panchayats.
  • Hospitals are registered as a separate entity, as recommended by state/central government
  • Nehru Yuvak Kendras.
  • Grant-in-aid under the Scheme will not be given for commercial supply of aids/appliances.

Eligibility of the Beneficiaries

  • A person with disabilities fulfilling the following conditions would be eligible for assistance under ADIP Scheme through authorized agencies:
  • He/she should be an Indian citizen of any age.
  • Should be certified by a Registered Medical Practitioner that he/she is disabled and fit to use the prescribed aid/appliance. Holds a 40% Disablement Certificate.
  • A person who is employed/self-employed or getting a pension and whose monthly income from all sources does not exceed Rs. 20,000/- per month.
  • In the case of dependents, the income of parents/guardians should not exceed Rs. 20,000/- per month.
  • Persons who have not received assistance from the Government, local bodies and Non-Official Organisations during the last 3 years for the same purpose. However, for children below 12 years of age, this limit would be 1 year.

Quantum of Assistance

Aids/appliances which do not cost more than Rs. 10,000/ - are covered under the Scheme for single disabilities. However, in the case of SwDs, students beyond IX class, the limit would be raised to Rs.12,000/. In the case of multiple disabilities, the limit will apply to individual items separately in case more than one aid/appliance is required.

The quantum of assistance and income limit under the ADIP scheme is as follows:

Quantum of assistance and income limit under the ADIP scheme

Total Income

Amount of Assistance

  • Up to Rs. 15,000/- per month
  • Rs. 15,001/- to Rs. 20,000/- per month
  • Full cost of aid/appliance
  • 50% of the cost of aid/appliance

Source: PIB/ Vikaspedia

Other Related News

05 July,2021
Clinical Trials Registry – India (CTRI)

Clinical Trials Registry – India (CTRI) Clinical Trials Registry – India (CTRI) is the government of India's official clinical trial registry. The National Institute of Medical Statistics of the Indian Council of Medical Research established the CTRI on 20 July 2007. Since

Trafficking in Persons (Prevention, Care and Rehabilitation) Bill, 2021

Trafficking in Persons (Prevention, Care and Rehabilitation) Bill, 2021 The Bill has increased the scope of the nature of offenses of trafficking as well as the kind of victims of these offenses, with stringent penalties including life imprisonment, and even the death penalty in cases of an ex

Crocodile species in India

Crocodile species in India There are 3 species of crocodilians in India — Saltwater/ Estuarine Crocodile; Mugger/ Marsh/ Indian/ Broad snouted Crocodile and Gharial or Gavial or Fish eating crocodile Mugger Crocodile or Marsh Crocodile or Broad snouted crocodile

04 July,2021
Pregnant women can take vaccination

Pregnant women can take vaccination Pregnant women in India are now eligible to get vaccinated against COVID-19 with the Union Health Ministry giving the approval based on recommendations of the National Technical Advisory Group on Immunisation (NTAGI). The decision empowers pregnant women t

WHO declared China Malaria free!

WHO declared China Malaria free! Malaria is caused by single-celled microorganisms/ Parasite of the Plasmodium group. The disease is most commonly spread by an infected female Anopheles mosquito.  Malaria Parasite jumped from Gorilla to humans. RH5 protein can bi

Everything about: Gravitational Waves

Everything about: Gravitational Waves Gravitational Waves (GW):  When 2 black holes merge, it will radiate GW. GW are ‘ripples’ in the fabric of space-time caused by some of the most violent and energetic processes in the Universe. They are extremely we

OPEC+ Countries

OPEC and OPEC+ Countries About OPEC It is an intergovernmental organization of 13 nations, founded in 1960 in Baghdad by the first five members (Iran, Iraq, Kuwait, Saudi Arabia, and Venezuela). HQ is in Vienna, Austria. It aims to manage the s

E Sanjeevani Telemedicine Service

E Sanjeevani Telemedicine Service Union Health Ministry's National Telemedicine Service – eSanjeevani has crossed another milestone by completing 7 million (70 lakh) consultations. Patients consult with doctors and specialists on a daily basis using this innovative digital medium

Advent of the Europeans in India

Advent of the Europeans in India Why a Sea Route to India European economy growing rapidly, demand for luxury goods. Spirit of renaissance in the 15th-century Europe Capture of Constantinople in 1453, and Syria and Egypt later by the Ottoman Turks calling for a new route to re

Toppers

Search By Date

Newsletter Subscription
SMS Alerts

Important Links

UPSC GS Mains Crash Course - RAW Prelims Answer Key 2024