TOPIC: GS 2 Indian Constitution—Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure.

Incorporating limits

What is the news?

• Speech is free but it is a freedom that comes with responsibility.
• Responsible speech is not just something that does not contain abuse defamation or incitement to violence.

Hate Speech consequences

• It is increasingly seen as expression that tends not to discriminate against or incite hatred towards groups based on race, gender, caste, religious belief, sexual orientation, and nationality or immigration status.
• The world has moved away from a free speech doctrine based on a formal equality
• Among different viewpoints to one that discourages the targeting of any vulnerable section.
• The term ‘hate speech’ calls for laws that specifically seek to punish
• It arise from this inclusive understanding of the basis on which speech is restricted in modern democracies.
• In this backdrop, the proposal to incorporate provisions against hate speech in the penal law is quite welcome.

Legal Margins of Hate speech

• A committee appointed by the Union Home Ministry, tasked with recommending changes in criminal law
• It is seeking to formulate new provisions that will make hate speech a separate offence.
• The term ‘hate speech’ may not be used, but the panel is examining recommendations made by the Law Commission
• The Expert Committee headed by K. Viswanathan, on adding Sections 153C and 505A to the IPC.
• The proposed Section 153C would target speech that gravely threatens any person or group with intention to cause fear or alarm, or incite violence towards them
• It will prescribe sentence of two years in prison and a fine.
• Section 505A proposes to punish speech or writing that causes fear or alarm among a group, or provokes violence against it, on grounds of race, religion
• The Committee for Reforms in Criminal Laws attracted criticism when it was formed last year, as many feared a hurried process without adequate and wide consultation.

Vague Provisions

• Some lawyers and activists said it was not inclusive and questioned its ability to gather a wide range of opinion in the midst of a pandemic.
• While such points of criticism remain, it appears that the panel would go ahead and make its recommendations soon.
• In the context of the hate speech provisions, it must direct its efforts to define narrowly the sections it proposes to formulate and avoid the pitfall of using vague and overbroad terms that would fall foul of the Constitution.
• Section 66A of the Information Technology Act, it may be recalled, was struck down by the Supreme Court because it failed to define some terms that sought to criminalize offensive and annoying messages.

Way forward

• Ever since this 2015 decision, some governments see a lacuna in the law concerning offensive messaging over the Internet.
• If at all new sections are to be introduced, it should be clear that what is sought to be punished is incitement to violence or advocacy of hatred, posing an imminent threat to public order or a targeted group.
• Only then will it be a valid curb on free speech.

Mains Question

Proposed hate speech provisions should be clear and free of vagueness. Explain

Sources : https://www.thehindu.com/opinion/editorial/incorporating-limits-the-hindu-editorial-on-ipc-and-hate-speech/article34661703.ece

PRELIMS PUNCHERS

1. The dugong

It is a medium-sized marine mammal. It is the only living representative of the once-diverse family Dugongidae its closest modern relative, Steller’s sea cow was hunted to extinction in the 18th century.

The dugong is the only in its range, which spans the waters of some 40 countries and territories throughout the Indo-West Pacific. The dugong is largely dependent on seagrass communities for subsistence and is thus restricted to the coastal habitats which support seagrass meadows, with the largest dugong concentrations typically occurring in wide, shallow, protected areas such as bays, mangrove channels, the waters of large inshore islands and inter-reefal waters. IUCN status is vulnerable . The dugong is the only strictly marine herbivorous mammal, as all species of manatee utilise fresh water to some degree. Dugongs are protected in India and occur in Gulf of Mannar, PalkBay, Gulf of Kutch and Andaman and Nicobar islands. Once abundant in Indian waters, Dugong population has now reduced to about 200 individuals and is believed to be continuously declining in its number and range

 Sources : https://pib.gov.in/PressReleasePage.aspx?PRID=1692990

2. Geo Bubble Technology

A bubble curtain is a non-invasive solution to stop plastic from entering the oceans. Ships and fish can pass through the air bubbles, but plastics will be stopped. The bubble screen is created by a specially designed air tube which is placed diagonally on the bed of the canal or river. It brings waste to the surface, channels the plastic onto the banks where it can be extracted.

The bubble barrier is generated using compressed air passing through tubes that are placed at the bottom of the canal. These tubes are connected with a compressor which is powered by renewable solar energy. Further, aeration in the canal will increase dissolved oxygen levels in the wastewater and storm water leading to an overall improvement in the water quality. Geocycle, under the aegis of United Nations Environment Programme (UNEP) India’s “Air Pollution Control Action Plan”, has partnered with Agra Municipal Corporation and GIZ India with Canadian Pond as a technology provider, working towards the mission of making Agra plastic-free.

Sources : https://www.livemint.com/news/india/yamuna-to-get-bubble-curtain-to-stop-plastic-from-entering-the-river-11621354904056.html

3. Gholvad Sapota (chikoo)

The fruit is known for its sweet and unique taste. It is believed that the unique taste is derived from calcium-rich soil of Gholvad village, of Maharastra. Sapota is grown in many states- Karnataka, Gujarat, Maharashtra, Tamil Nadu, West Bengal and Andhra Pradesh. Karnataka is known to be the highest grower of the fruit, followed by Maharashtra. It can be used in fruit salads, blended into milk or yogurt

 

 

APEDA has been thrust on promotion of exports of GI products, which with its uniqueness and intrinsic value have practically no competition from outsiders and offer good potential for export. In a major boost to exports of Geographical Indication (GI) certified products, a consignment of Dahanu Gholvad Sapota (chikoo) from Palghar district of Maharashtra was to the United Kingdom.

Sources : https://www.deccanherald.com/national/west/gi-certified-gholvad-chikoo-from-maharashtra-begins-uk-journey-987875.html

4. Lake Kivu

Lake Kivu is one of the African Great Lakes. It lies on the border between the Democratic Republic of the Congo and Rwanda, and is in the Albertine Rift, the western branch of the East African Rift. Lake Kivu empties into the Ruzizi River, which flows southwards into Lake Tanganyika

Kivu is a fresh water lake and, along with Cameroonian Lake Nyos and Lake Monoun, is one of three that are known to undergo limnic eruptions. As far as large-scale exploitation of this resource is concerned, the Rwandan government has negotiated with a number of parties to produce methane from the lake.  Lake Kivu is the home of four species of freshwater crab, including two non-endemics and two endemics

Sources : https://timesofindia.indiatimes.com/world/rest-of-world/volcano-aftershocks-rattle-dr-congo-city-as-death-toll-rises/articleshow/82941899.cms

PRELIMS QUESTION

1. Consider the following statement with reference to Lake Kivu
2. It is one of the American Great Lakes
3. It lies on the border between USA and Canada

Select the correct statement using code given below.

(a). 1only                                 (b) 2 only

(c). Both of them                 (d). None of the above

Answer : D

Lake Kivu is one of the African Great Lakes. It lies on the border between the Democratic Republic of the Congo and Rwanda, and is in the Albertine Rift, the western branch of the East African Rift. Lake Kivu empties into the Ruzizi River, which flows southwards into Lake Tanganyika

Kivu is a fresh water lake and, along with Cameroonian Lake Nyos and Lake Monoun, is one of three that are known to undergo limnic eruptions. As far as large-scale exploitation of this resource is concerned, the Rwandan government has negotiated with a number of parties to produce methane from the lake.  Lake Kivu is the home of four species of freshwater crab, including two non-endemics and two endemics

2. Gholvad Sapota has GI tag is obtained from which of the following state
3. Maharashtra
4. Uttar Pradesh
5. Madhya Pradesh
6. Jharkhand

Answer : A

The fruit is known for its sweet and unique taste. It is believed that the unique taste is derived from calcium-rich soil of Gholvad village, of Maharastra. Sapota is grown in many states- Karnataka, Gujarat, Maharashtra, Tamil Nadu, West Bengal and Andhra Pradesh. Karnataka is known to be the highest grower of the fruit, followed by Maharashtra. It can be used in fruit salads, blended into milk or yogurt

APEDA has been thrust on promotion of exports of GI products, which with its uniqueness and intrinsic value have practically no competition from outsiders and offer good potential for export. In a major boost to exports of Geographical Indication (GI) certified products, a consignment of Dahanu Gholvad Sapota (chikoo) from Palghar district of Maharashtra was to the United Kingdom.