Policy & Politic

General data protection regulation (GDPR) laws: India’s prespective

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INTRODUCTION

In this era, where everyone has the access to the internet, data security is one of the big concerns of every country. The phrase “data is the oil of the 21st century” could not be more than true then it today. For a lot of business personal data processing is a significant activity. Nearly every countries company is processing some personal data on a regular basis. So, to protect the data breaches and the privacy of the citizens, the European Union framed a concept of General Data Protection Regulation in May 2016 and a period of two years was given to the corporate and multinationals to comply with the regulations.

This regulation protects the data of the EU citizens. If any type of data shared with any company based in Europe region, then the company who is collecting the data is responsible to comply with the GDPR. It aims to simplify the regulatory environment for business so both citizens and business in EU can fully benefit from the digital economy. After this companies in India came into picture. Europe is a significant market for the ITeS, BPO and Pharma Sector in India. Indian sector owing to their global relations collect to personal data of EU based individuals. Now, all these companies required to the GDPR complaint before they can do so. This regulation (GDPR) imposes heavy penalties on those who fail to comply.

GDPR Impact on India-

The concept of GDPR is not only impact on the EU citizen but it impacts globally. Article 3 of the General Data Protection Regulation (GDPR) says that, “it shall be applicable to data controllers and processors dealing with personal data of persons belonging to EU nations, categorical of the fact that the processing takes place in European Union or elsewhere. GDPR is neutral and borderless legislation. The Indian companies who are handling the personal data of the EU citizens shall also fall within the ambit of said legislation. The Indian companies who collect data like Infosys, Pharma Sectors etc. will have to abide the GDPR with respect to their EU customers. Indian Data Processing companies will have to renew their contract with GDPR. This anteriorly becomes necessary because any non-compliance from any industry shall now impose the penalty structure of 20 million Euros or 4% of global turnover.

After some time in India we can see a Data Protection Officer (DPO) who may have been designated by the company and he is responsible for monitoring how process personal data about their obligations. The DPO also co-operates with the Data Protection Authority (DPA), serving as a contract point towards the DPA and Individuals.

DRAWBACKS OF GDPR AT THE TIME OF PANDEMIC-

Covid-19 created a big chaos in the whole world. One thing that this pandemic made us realized that is, how privacy is fundamental in preserving our freedom even in difficult times. The European Union’s General Data Protection Regulation (GDPR) appreciated by many countries. But this pandemic found some flaws in this regulation.

Italy one of the countries in Europe hit hardest by Covid-19, at the beginning of this pandemic, and it was found that the GDPR prevented businesses from taking basic steps to trace and tracks potential infections. Last year Italy was entering an eventual lockdown and the cases of corona virus were spiking day by day. After that the Italian Data Protection Authority (DPA) issued a statement explaining that, “information on the presence of any signs of influenza in the workers and his or her closest contacts.” That means employers couldn’t record body temperature to ensure compliance with safety protocols for essential workers.

As the pandemic increased, it became clear that the GDPR had also become a barrier to biomedical research. This regulation creates significant challenges to research organization in the EU sharing data with research located in the most countries outside the European Union. One of the most recent incident that indicate the flaws in the GDPR is that when a Public Health Officials in Brussels reported in February that nearly three out of four primary care workers didn’t show up for the vaccines, and local officials in charge of vaccination invitations or follow up directly with these individuals because of the GDPR. This regulation imposes strict rules on how organizations can share data with the third parties and organization that violates these rules face the risk of strict compensations.

At the time of the pandemic GDPR created some issues in data sharing because of their strict regulations. After that some countries have made minor changes in this regulation. For example- The Italian Government issued a decree creating a special legal framework for public health authorities to collect and share health relating data for the duration of the state of emergency. Also Germany adds some laws to clarify the rules for processing personal data during the time of pandemic or any state emergency.

Cases of Major Data Breaches Globally-

SOME EXAMPLES OF THE MAJOR DATA BREACHES ARE GIVEN BELOW

British Airways (2018)- ICO fined $26 million for a breach that took place in 2018. This is considerably less than $238 million fine that the ICO originally said it intended to issue back in 2019. British Airways systems were compromised. The breach affected 4 lakhs customers and hackers got their hands on login details, payment card information and PI like traveller’s name and addresses. According to the ICO, the attack was preventable, but didn’t have sufficient security measures in place to protect their systems, data and networks. In fact, they didn’t have the basic like multi-factor authentication in place at the time of breach. Going forward, the airline should take a data first security approach, invest in security solutions and ensure they have strict data privacy policies and procedures in place.

Facebook (2018)- In the year 2018, Facebook revealed the data of up to 87 million users may have been wrongfully imparted to political consultancy Cambridge Analytica. It raises doubts over the latter’s apparent involvement in the election of the USA. The 87 million peoples whose information was imparted to Cambridge Analytica , which apparently regulated to US president.

Carphone Warehouse (UK-2015)- The United Kingdom Data Protection Regulator, the Information Commissioner Officer (ICO), slammed ‘Carphone Warehouse’with a 400000 Euro fine after the details of three million customers were accessed in the year of 2015. The inability of the organization to secure the framework enabled unapproved access to the individual data of more than three million clients and One thousand representatives. The information of the client included the names, addresses, phone numbers, birth dates, card payment details.

Indian Bank Data Breach (2016)- This breach occurred in the year of 2016. It was found that around 3.2 million debit cards were compromised. SBI, HDFC Bank, ICICI Bank, Yes Bank and Axis Bank were the major hit in that year, Many account holders of these banks reported unauthorized axis of their cards in China’s Locations.

HOW INDIA PLAN TO PROTECT INDIVIDUALS DATA

The Pandemic year 2020, is the year when the whole world went in the digital era than even before, owing to the pandemic that altered life as we knew it. And the silver lining of the Pandemic year is the spotlight on the importance of data and data flow. After taking this indication, the Government of India took important steps in the field of data protection for example- non-personal data, health data, financial data etc. The Indian Judiciary and legislature also made some observations on rights of Individuals regarding the data privacy, and the ever deliberated Personal Data Protection Bill, 2019 (PDP Bill).

Indian Government, inspired by the General Protection Data Regulation (GDPR), proposed PDP bill in 2019 to bring a comprehensive overhaul to India’s current data protection regime, which is currently governed by the Information Technology Act (IT Act) 2000. The PDP bill prescribes adherence requirements for all forms of personal data, introduces a central data protection regulator and institute data localization requirements for certain form of sensitive data.

In August 2020 NITI Aayog (a policy think tank), released a draft framework on Data Empowerment and Protection Architecture (DEPA).

Please read concluding on thedailyguardian.com

Through this framework NITI Aayog aims to institute a mechanism for secure data sharing in any sector only after the consent is given, which they believe it will be “a historic step towards control over their personal data and empowering individuals”.

Recently, The Government of India framed New Information Technologies (Guidelines for Intermediaries and Digital Media Ethics Code) Rule, 2021, and after that this whole issue of data protection and data sharing is in news. This rule aims to empower the users of digital media or social media, on the Online Streaming Platforms (OTT) and online news sites, like holding all those companies accountable for the wrong or hateful content that is being circulated on their platforms. Through, this code the Indian Government trying to ensure online security and dignity of users, enabling the identity of the users who is spreading hatred on online platforms, removal on unlawful information etc. With the help of new IT Rules 2021, the Indian Government tried to solve the long pending issues of social media.

Conclusion-

GDPR is adopting by many other countries in the world. India should also move with a positive outlook to safeguard the interests of the individuals and their data privacy. New IT Rules 2021 on some fronts tries to follow the aspects of GDPR by putting intermediaries under compliance requirements such as asking the consent of the users, disclosing information of the users. But many of the companies are not supporting the New IT rules. The Individual’s data protection has now become the need of hour, and now the countries across the globe like European Union needs to readapt from the conventional rights to confidentiality to acknowledging the Individual’s Data Protection Rights.

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Policy & Politic

Time to reduce logistics cost by 5%: Piyush Goyal

LEADS report to push healthy competition for improvement in logistics development among States, said Piyush Goyal.

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The Minister of Commerce and Industry, Consumer Affairs, Food and Public Distribution and Textiles, Piyush Goyal today said that the inputs given by Logistics Ease Across Different States Report 2021 can lead the way to bring down logistics cost by 5% over the next 5 years.

He was addressing the gathering after the release of the LEADS Report in New Delhi today.

Piyush Goyal said that India is committed to build modern infrastructure for the 21st century, at a pace never seen before.

Referring to the recently launched PM GatiShakti Master Plan ,he said that it would revolutionise the next generation of multimodal infrastructure development in the country.

Lauding Prime Minister Narendra Modi’s consistent focus on infrastructure, the Minister said that the initiatives taken by him in Gujarat for 13 years had laid the foundation for Gujarat to consistently stay at the top of the chart in LEADS report

He said that the speed of highway construction has increased three fold from ~12 km/day in 2013-14 to 37 km/day in 2020-21 and that there was a four fold increase in Railways Capex from Rs. 54,000 Crore in 2013-14 to Rs. 2.15 Lakh Crore in 2021-22.

He observed that in the 5 years before 2014, only 60 panchayats could be connected with optical fibre and that in last 7 years, more than 1.5 lakh gram panchayats connected with optical fibre.

Goyal emphasized that efficient logistics was pivotal to bring ease and empowerment to businesses as well as citizens. He observed that logistics contributed immensely in our fight against COVID-19 by taking essential supplies including liquid Medical Oxygen throughout the country during the 2nd wave

Observing that logistics is an enabler of multiple visions- From Make in India for the World to Last Mile Delivery, the Minister said that to achieve ambitious targets we cannot afford to walk but we need expressways of Land, Air & Water.

He named Infrastructure, Quality Services & Conducive Regulatory Framework as the three pillars of Resilient logistics. He added that with Competitive & Cooperative federalism, LEADS is creating an Ecosystem for Excellence by bringing in a healthy competitive spirit where everyone is persuaded to improve.

“Rather than just absolute improvement in one State, improvement of logistics across all States, will be a force multiplier for the entire logistics ecosystem”, he said.

He lauded Gujarat, Haryana & Punjab for having acquired the top 3 positions respectively.

He applauded the actions taken by Gujarat Govt against LEADS 2019 recommendations such as the widening of roads, implementation of faceless services in license renewals, expansion of warehousing etc.

He also congratulated the State of Uttar Pradesh for leapfrogging 7 ranks since 2019, highest among all states, driven by policy initiatives, higher infra spending in logistics.

Shri Goyal said that since its inception in 2018, each year LEADS report has

followed a progressive methodology to provide a granular insight on the logistics performance at State/UTs level. “LEADS 2021 has gone 2-step ahead in analysis of domestic and EXIM logistics ecosystem of the state” he added.

The Minister said that states have Indispensable role in improving the logistics ecosystem of India. He outlined a number of suggestions for States including framing of State Logistics policy & Logistics Master Plan, use single-window clearance system for logistics establishment of grievance redressal mechanism and enabling if skilling in logistics through State skilling infrastructure

He opined that LEADS report would be a handy & practical guide to identify strengths, opportunities & improve the logistics performance of States.

The report ranks the states on the basis of their logistics ecosystem, highlights the key logistics related challenges faced by the stakeholders and includes suggestive recommendations.

The Ministry of Commerce and Industry (MoCI) had launched a study, “Logistics Ease Across Different States (LEADS)” in 2018 with the main objective of ranking States and UTs on the efficiency of their logistics ecosystem.

The first version of the report, LEADS 2018, focused on export-import trade and assessed the efficiency of the logistics ecosystem in each State and UT.

The second edition of the study – LEADS 2019, covered both international and domestic trade.

The LEADS 2021 exercise has gone one-step ahead in analysing domestic and EXIM logistics ecosystem of the state. Specifically, two improvements have been done in the overall assessment framework. Firstly, objective parameters have been used along with the perception-based indicators for index formulation.

The objective parameters in the LEADS 2021 Index have been introduced by way of an objective survey instrument administered to the States/UTs and by the inclusion of secondary datasets on logistics across the State/UT level. Secondly, the statistical methodologies to build the index has been updated to get more robust results, given change in the overall framework.

Alternatively, a total of 21 perception and objective variables have been statistically analysed to prepare a composite index basis upon which the states have been ranked.

The perception survey was administered to the four different categories of logistics stakeholders, viz. traders/ shippers, transport service providers, terminal operators, and logistics service providers.

The States’ objective survey collected binary responses in the context of the areas related to policy, institutional framework, current enforcement mechanism, warehousing approvals and processes, smart enforcement, city logistics, drivers’ empowerment, etc. to understand the initiatives taken by the different state governments towards improving the logistics environment in their respective States.

The secondary dataset was compiled with the assistance of the central government ministries, department and associated agencies.

The LEADS survey 2021 was conducted over the period from May to August 2021 in a challenging environment when the COVID crisis was being fought across multiple fronts.

The whole exercise garnered 3771 responses from 1,405 respondents across the country. For representation purposes, states have been ranked in three separate classes including ‘North Eastern States & Himalayan UTs’ and ‘Other UTs’ group.

Gujarat, Haryana and Punjab have emerged as the top performers in the LEADS 2021 index respectively.

Proactive policies, well-developed infrastructure and services driven by a responsive Government have helped Gujarat to maintain its rank. Haryana has secured the second position, followed by Punjab.

Within the North Eastern States and Himalayan Region, Jammu and Kashmir is the top ranker followed by Sikkim and Meghalaya. Delhi stands at the top rank among Other UTs. Uttar Pradesh, Uttarakhand and Jharkhand have witnessed a remarkable improvement in their ranks compared to 2019 LEADS ranking and have emerged as the top improvers.

The report consists of specific section on States and UTs giving detailed analysis of their performance in the LEADS, including issues and challenges being faced by stakeholders as well as suggestions to mitigate the issues.

States/UTs are encouraged to examine and evaluate the findings of the report and to formulate a suitable strategy and a prioritized action plan for improving logistics performance.

LEADS is a continuous exercise, and the MoCI is enthused to provide a pivotal role in initiating, creating, and connecting all the stakeholders to bring in the required improvements in the logistics space collaboratively.

With the efforts in the right direction, it is hoped that the vision of logistics cost will be reduced by 5% in the next five years. This will ensure that the Logistics sector serves as an engine of growth and a key driver for transforming India into a five trillion-dollar economy.

Department of Commerce through LEADS will continuously engage with all States and UTs to support, facilitate and promote improvements in the overall logistics ecosystem. Synergies flowing from such a coordinated approach will reduce logistics costs and which, in turn, will act as significant stimulants to PM Gati Shakti National Master plan

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Policy & Politic

Bureaucrats : The invisible performers

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A civil servant is expected to slog it out invisibly; to do his job irrespectively. He will be challenged to rise up to the occasion, time and again. He will be expected to perform commendably even the severest of tasks. For example, he might have played crucial roles in times of grave disasters like the earthquake in Gujarat, cyclones in Odisha, floods in Kerala and in managing the unprecedented COVID crisis; however, there is scant chance for this ‘invisible’ servant to get recognised for his contribution.

Bureaucracy is like the foundation of a grand building that never gets its due credit despite being the ‘steel frame’ that holds the structure together. Unfortunately, the only time a common man gets to know about a civil servant is when things have gone wrong, while his good deeds, usually, fail to earn him the recognition.

This seems to be changing now. Social media seems to be giving voice to the new breed of officers. It is helping invisible civil servants to drop their cloak of invisibility. In the context of social media, the approach is pretty clear. Can’t beat them? Join them! Whether it is Twitter, Facebook or on any other platform, a large number of civil servants have chosen social media to communicate with the world at large.

After all, one must not forget that the civil servant has been at the receiving end for far too long. And with the aid of social media these new-age officers are trying to bring forth not only facts but also to provide ‘road-shows’ of their ‘achievements’. This exercise can be interpreted to be a part of the larger purpose to combat the negativity that seems to be becoming all-pervasive.

In fact, ‘Nexus of Good’ is a movement that embodies the very ethos of this exercise. It is a movement to identify, understand, appreciate, replicate and scale good work that is being done by the civil servants and society as a whole. The idea is to evolve an alternative narrative to the flagrant negativity that is rampant across media. The ‘premium’ on good work seems to have been lost in the strident din of high decibels used for promoting negativity.

It will not be hyperbolic to state that the ‘good’ are struggling for recognition and a large number of them are fighting their battles against a much more organised set of ‘negativity mongers’. As the poet said, “The best lack conviction and the worst are full of passionate intensity”!

The quintessential bureaucrat, if there is one, has been left no option but to change. He has been forced to attempt to come out of his cocoon. There is no way he can afford to remain in the ‘ivory tower’; to remain just the silent foundation. He has to make his presence felt. The question is: How?

Can the civil servants evolve as a group and dispel the apprehensions that the common man has about them? To do that, the members of the civil service will have to be aware of the pitfalls of promoting themselves as individuals and attempting to be visible. I had tweeted recently: “What is common between Vinod Rai, Sameer Wankhede and Parambir Singh? All wanted to lead a high-profile existence and visibility in media. All three are in trouble now. Huge lesson for civil servants. Do your job as professionals without seeking publicity. Recognition will come your way.” The civil servants should also be aware that attempting to be visible could be counter-productive in the long run, perhaps in the short run as well.

There is absolutely no doubt that most of the civil servants are individually bright and brilliant when they enter the service. This is on account of the objective and impartial nature of selection to the Services. The problem begins after that. A number of these officers find it difficult to evolve brilliantly as a part of a group. Hence, though a number of them make a name for themselves, frequently, the institutions they man do not get benefitted. In this sense, social media, or for that matter any media is a double-edged weapon. The key lies in how they use media?

As we look around, we find stellar examples of a large number of institutions that are manned exclusively by civil servants and have done everyone proud. The Election Commission, the Comptroller and Auditor General, the Union Public Service Commission and the Central Vigilance Commission are some such institutions (though the credibility of some of these institutions has been questioned on occasion in the recent past).

Can the new-age civil servants commit themselves to replicate the ethos of these institutions? It may not be easy because the above-mentioned institutions are by and large insulated from political interference. Moreover, these are exceptions and, unfortunately, not the rule. If most of the organisations acquire the ethos of these institutions, the bureaucracy would not have acquired the ‘name’ it has.

There’s no denying that it is extremely difficult to insulate institutions from political ‘interference’. But with the increasing use of technology and the consequent transparency, the ‘ill effects’ of such interference can be mitigated. The political master can be induced to make a much more informed decision. He can be made aware of the implications of his decision in a much more aware and transparent world. A large number of brilliant and committed civil servants are already attempting to do that.

There are officers like Tukaram Mundhe ( did transformational work wherever he was posted), Sudhanshu Mani (a Railway engineer whose passion and vision saw ‘Vande Bharat Express’ happen), Dr T Arun ( rejuvenated water ponds in Puducherry), Iqbal Singh Chahal ( successfully grappled with the COVID crisis in Mumbai as Municipal Commissioner), Dr Dinesh Arora ( worked wonders with RSBY in Kerala and used the experience to successfully roll out PMJAY) and Aman Preet, the ‘pad-woman’ of India (a Revenue Service officer went beyond her call of duty to create awareness about sanitary pads) who made-things-happen despite serious limitations.

These are just a few instances of the outstanding work done by focused and driven officers. Thankfully the list of such officers is a pretty long one. And there is no doubt that their stories need to be told so that others believe that despite political, social, technological and financial handicaps, individuals can transform institutions and usher in the next level of progress.

These officers have used their individual brilliance to bring about and sustain change. And their success is the proof of concept. The key is first to appreciate the good work that they are doing, understand how they are doing it, and then try and replicate what they are doing. The civil servant does face a dilemma though. There are sacrifices involved and, on many occasions, the choice itself is difficult. And the jury on this is still out!

Anil Swarup has served as the head of the Project Monitoring Group, which is currently under the Prime Minister’s Offic. He has also served as Secretary, Ministry of Coal and Secretary, Ministry of School Education.

Can the civil servants evolve as a group and dispel the apprehensions that the common man has about them? To do that, the members of the civil service will have to be aware of the pitfalls of promoting themselves as individuals and attempting to be visible. I had tweeted recently: What is common between Vinod Rai, Sameer Wankhede and Parambir Singh? All wanted to lead a high-profile existence and visibility in media.

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Policy & Politic

With indomitable courage, we will conquer the world

Spontaneous support of common man to economy and Prime Minister’s Diwali at the border is an expression of our spirit
Ever since I became aware, I have fallen in love with Diwali! I am greatly fascinated by this festival which radiates energy. From the religious point of view, this festival has its own importance, from the scientific point of view, life cannot be imagined without energy. The more the energy, the more the potential one has to be successful. Diwali is the festival of new hopes, the desire to dispel the darkness from life and the most wonderful symbol of the power of light. That’s why I celebrate Diwali in a very traditional way and get immersed in happiness.

Coronavirus pandemic shadowed Diwali festivities last year. But look at our spirit, it did not take us much time to recover from it. This Diwali, we all openly expressed our happiness. We got this encouragement from the light of happiness. I personally felt that people spontaneously came forward to strengthen the economy with a big heart. Each and every person contributed to the best of his or her ability to strengthen the market. Of course, the government too has its share in this process, but I am talking about the common man, for the market is stronger only when the common man spends money. People bought four-wheelers and two-wheelers in large numbers this Diwali. From clothes to dry fruits, the market was flooded with customers. According to the experts, the business during Diwali this year was estimated at Rs 1.25 lakh crore. The market bought 15 tonnes of gold and the diamond industry did a roaring business. Experts say that for the first time in 75 years, the diamond industry got such a pleasant and wonderful business opportunity!

This Diwali I saw a special social change. People tried to make Diwali better for those who have nothing. People gave food, clothes and distributed sweets to such people. Many people went to places where destitute, supportless old people and orphaned children live. Compassionate service to the needy has also been a tradition of our society, but the war against the corona epidemic has sweetened the relationships. The spirit of cooperation towards the weak has increased. I realised that this time people did not bargain with the street vendors and tried to pay them more than the price quoted by them. You too must have extended a helping hand in this way. I also felt good that the ear-splitting noise of firecrackers was not heard much this time. Some people did burst firecrackers as usual but that too was only symbolic. Most of the people completely avoided firecrackers so that the poisonous smoke of firecrackers could not play with the lives of the people. It is evident that people took care of the atmosphere and climate.

And yes, as in previous years, our Prime Minister Narendra Modi once again reached the border to celebrate Diwali with the soldiers. This has been going on since 2014. This time he was in the Nowshera sector. Every Indian is proud of the fact that his Prime Minister celebrates Diwali with the soldiers. The Prime Minister is the representative of the country, so his gesture symbolises that the whole country is participating in the joy of Diwali along with the soldiers. Our jawans protect the border by facing all the natural calamities. They do not hesitate to even lay down their lives to protect the honour of the country and the tricolour. Posted afar from their families, away from their parents, wife and children, these jawans actually are not able to celebrate any festival. Be it Diwali, Eid, Christmas, Baisakhi or Hola-mohalla, they stand fast on the border. In such a situation, when the PM celebrates Diwali with them, he instills courage, energy and enthusiasm among the soldiers and paramilitary personnel.

When he meets the sportspersons who have brought glory to India in the Olympics, there is a sense of encouragement in that too. And rightly so. It feels good when this same sentiment is seen in the country for our farmers and industries. Sportspersons play for the country and the tricolour. The farmers toil to provide foodgrains, fruits and vegetables to the whole country. For them, droughts, floods and pest attacks are only natural calamities! There was a time when we were dependent on others for foodgrains but now we are fully self-sufficient. Despite all odds, our industries are busy making the country self-reliant in terms of employment. We are committed to realise Modiji’s slogan of ‘Make in India’ and ‘Made in India’. It is not an easy task to give impetus to and re-energise each and every front or sector though.

I am happy that on one hand, Modiji is paying obeisance to the deities in the lap of the Himalayas, trying to protect the culture, and on the other, he is embracing the Pope with love in Vatican City. This is the essence of the values of our country. It is this quality that makes us a country that promotes the idea of universal harmony, unity in diversity and Vasudhaiva Kutumbakam. The Lokmat Media had recently organised the National Inter-Religious Conference in Nagpur, in which spiritual leaders of all religions participated and gave the message of peace and harmony. In fact, our characteristic quality is that all colours are ours, all religions are ours and all are ours. This world is ours. All the people living here are ours. We know how to respect each other. We Indians know how to spread happiness!

The author is the chairman, Editorial Board of Lokmat Media and former member of Rajya Sabha.

When you see the light of happiness during trying times, it fills you with the spirit to overcome all odds. This Diwali, each and every person spontaneously came forward and contributed to strengthen the economy. Prime Minister Narendra Modi too reached the border to celebrate Diwali with the brave soldiers once again. All of this only raises new hopes!

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Ever since I became aware, I have fallen in love with Diwali! I am greatly fascinated by this festival which radiates energy. From the religious point of view, this festival has its own importance, from the scientific point of view, life cannot be imagined without energy. The more the energy, the more the potential one has to be successful. Diwali is the festival of new hopes, the desire to dispel the darkness from life and the most wonderful symbol of the power of light. That’s why I celebrate Diwali in a very traditional way and get immersed in happiness.

Coronavirus pandemic shadowed Diwali festivities last year. But look at our spirit, it did not take us much time to recover from it. This Diwali, we all openly expressed our happiness. We got this encouragement from the light of happiness. I personally felt that people spontaneously came forward to strengthen the economy with a big heart. Each and every person contributed to the best of his or her ability to strengthen the market. Of course, the government too has its share in this process, but I am talking about the common man, for the market is stronger only when the common man spends money. People bought four-wheelers and two-wheelers in large numbers this Diwali. From clothes to dry fruits, the market was flooded with customers. According to the experts, the business during Diwali this year was estimated at Rs 1.25 lakh crore. The market bought 15 tonnes of gold and the diamond industry did a roaring business. Experts say that for the first time in 75 years, the diamond industry got such a pleasant and wonderful business opportunity!

This Diwali I saw a special social change. People tried to make Diwali better for those who have nothing. People gave food, clothes and distributed sweets to such people. Many people went to places where destitute, supportless old people and orphaned children live. Compassionate service to the needy has also been a tradition of our society, but the war against the corona epidemic has sweetened the relationships. The spirit of cooperation towards the weak has increased. I realised that this time people did not bargain with the street vendors and tried to pay them more than the price quoted by them. You too must have extended a helping hand in this way. I also felt good that the ear-splitting noise of firecrackers was not heard much this time. Some people did burst firecrackers as usual but that too was only symbolic. Most of the people completely avoided firecrackers so that the poisonous smoke of firecrackers could not play with the lives of the people. It is evident that people took care of the atmosphere and climate.

And yes, as in previous years, our Prime Minister Narendra Modi once again reached the border to celebrate Diwali with the soldiers. This has been going on since 2014. This time he was in the Nowshera sector. Every Indian is proud of the fact that his Prime Minister celebrates Diwali with the soldiers. The Prime Minister is the representative of the country, so his gesture symbolises that the whole country is participating in the joy of Diwali along with the soldiers. Our jawans protect the border by facing all the natural calamities. They do not hesitate to even lay down their lives to protect the honour of the country and the tricolour. Posted afar from their families, away from their parents, wife and children, these jawans actually are not able to celebrate any festival. Be it Diwali, Eid, Christmas, Baisakhi or Hola-mohalla, they stand fast on the border. In such a situation, when the PM celebrates Diwali with them, he instills courage, energy and enthusiasm among the soldiers and paramilitary personnel.

When he meets the sportspersons who have brought glory to India in the Olympics, there is a sense of encouragement in that too. And rightly so. It feels good when this same sentiment is seen in the country for our farmers and industries. Sportspersons play for the country and the tricolour. The farmers toil to provide foodgrains, fruits and vegetables to the whole country. For them, droughts, floods and pest attacks are only natural calamities! There was a time when we were dependent on others for foodgrains but now we are fully self-sufficient. Despite all odds, our industries are busy making the country self-reliant in terms of employment. We are committed to realise Modiji’s slogan of ‘Make in India’ and ‘Made in India’. It is not an easy task to give impetus to and re-energise each and every front or sector though.

I am happy that on one hand, Modiji is paying obeisance to the deities in the lap of the Himalayas, trying to protect the culture, and on the other, he is embracing the Pope with love in Vatican City. This is the essence of the values of our country. It is this quality that makes us a country that promotes the idea of universal harmony, unity in diversity and Vasudhaiva Kutumbakam. The Lokmat Media had recently organised the National Inter-Religious Conference in Nagpur, in which spiritual leaders of all religions participated and gave the message of peace and harmony. In fact, our characteristic quality is that all colours are ours, all religions are ours and all are ours. This world is ours. All the people living here are ours. We know how to respect each other. We Indians know how to spread happiness!

The author is the chairman, Editorial Board of Lokmat Media and former member of Rajya Sabha.

When you see the light of happiness during trying times, it fills you with the spirit to overcome all odds. This Diwali, each and every person spontaneously came forward and contributed to strengthen the economy. Prime Minister Narendra Modi too reached the border to celebrate Diwali with the brave soldiers once again. All of this only raises new hopes!

Continue Reading

Policy & Politic

POLICE OFFICERS NOT EMPOWERED TO SEIZE VEHICLES ON GROUND THAT DRIVER WAS INTOXICATED: TELANGANA HC

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While clearly drawing the red lines for the police officers and men in uniform and reminding them of what the law stipulates in this regard, the Telangana High Court as recently as on October 29, 2021 has in a common order in Writ Petition Nos.1647, 1564, 2677, 3677, 4333, 4633, 4662, 4731, 4905, 5313, 5346, 5724, 5775, 5784, 7155, 7256, 7303, 12715, 15406, 16106, 16107, 16143, 16165, 20338, 20660, 22040, 22354, 22637, 22652, 22745, 23399, 23589, 24389, 25129, 25316, 25795, 25855, 25887, 26208, 26221 and 26274 of 2021 has minced just no words to make it absolutely clear that the police officers have no power to detain or seize vehicles on the ground that the person driving was found in an intoxicated condition. It must be noticed here that the single Judge Bench of Justice K Lakshman who delivered this learned, laudable, latest and landmark judgment was dealing with a bunch of pleas concerning the power of police officers to seize the vehicle from its driver or rider, who remains in an intoxicated condition. What all discussions the Telangana High Court issued shall be discussed later which forms the backbone of this extremely commendable judgment.

To start with, the ball is set rolling in para 2 of this extremely commendable, courageous, cogent, composed and convincing judgment authored by a single Judge Bench of Justice K Lakshman of Telanagana High Court wherein it is put forth that, “The challenge, in this entire batch of writ petitions, is to the power of Police Officers to seize the vehicle from its driver/ rider, who is in an intoxicated condition.”

Most significantly, what forms the cornerstone of this brief, brilliant, bold and balanced judgment is then elaborated upon by Justice K Lakshman of the Telangana High Court in its conclusion in para 7 which is derived after listening to the learned counsels and all the sides and considering all the evidence before it wherein it is held that:-

i) This Court has previously held that under the M.V. Act, the Police Officers do not have power to take custody of the vehicle driven under intoxicated condition and directed the authorities / officials who have custody of the vehicle in question to release the same on production of certificate of registration relating to the said vehicle and on production of proof of identity and also a valid driving license.

ii) In view of the above said discussion and the relevant provisions and also considering the principle laid down by the Apex Court as well as this Court, this Court is of the considered view that the following directions are required to be issued to the Police Authorities to be followed:

(a) If the driver / rider of the vehicle is found under the influence of Alcohol, he/she should not be allowed to drive the vehicle. However, if the police finds other person accompanying the driver/rider not in intoxicated condition and having a valid driving license, shall permit such person to drive the vehicle without seizing/ detaining the vehicle, subject to Section – 202 of the M.V. Act, 1988;

(b) If there is no other person other than the person who drives the vehicle in an intoxicated condition, then the concerned Police Officer or the intoxicated driver shall immediately inform any nearest relative or friend to take back the custody of the vehicle;

(c) If no one comes to take back the custody of the vehicle, then the concerned Police Official shall temporarily take possession of the vehicle, and keep the vehicle in a nearest police station or any other appropriate authorized place for safe custody. However, it is made clear that the Police do not have power to detain / seize vehicle on the ground that its driver/rider drove it in an intoxicated condition.

(d) The Police or any other Official who has the custody of such vehicle shall release the same either to the owner or any authorized person on production of certificate of registration (RC) of the said vehicle, proof of identity and a valid driving license;

(e) If the concerned Police come to a conclusion that prosecution of driver or owner or both is necessary, he shall file charge sheet against him/them before the concerned Magistrate within three (03) days from the date of seizure of vehicle. The vehicle shall be released by the Officer who detained it after prosecution is completed under intimation to the concerned Regional Transport Authorities;

(f) Learned Magistrates are directed to receive the charge sheets within three (03) days from the date of seizure in compliance of Rule – 448-A (iv) of the Telangana State Motor Vehicles Rules, 1989 if the charge sheets are otherwise in order.

(g) The Police Officers of the State are directed to strictly follow the procedure laid down under Rule – 448-A of the T.S. Motor Vehicles Rules, 1989.

(h) If no one claims the custody of vehicle, the police shall take necessary steps in accordance with law;

(i) Any breach of the above directives will amount to Contempt and necessary proceedings will be initiated against the concerned Police.

iii) With the above directions, this batch of Writ Petitions is disposed of.

iv) However, in the circumstances of the case, there shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in the writ petitions shall stand closed.”

In conclusion, the single Judge Bench of Justice K Lakshman in this notable judgment makes it abundantly clear that the police officers are not empowered to seize vehicles on ground that driver was intoxicated. It is the bounden duty of the police officers to always abide by what has been held by the Telangana High Court in this leading case. If they don’t comply, then they are bound to get a rap on their knuckles and would have to pay a heavy price for it! So now the choice is theirs! No police officer in his/her right senses would ever like to do anything that is against the law and so one fervently hopes that what the Telangana High Court has laid down in this leading case would be adhered to in totality!

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Policy & Politic

KICKSTARTING INDIA’S OFFSHORE WIND SAGA

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India has set a target of achieving 5 GW offshore wind installations by 2022, and 30 GW by 2030. So far, India has: (i) invited tenders in September 2021 for setting up light detecting and ranging (LIDAR) equipment for wind resource assessment, (ii) partnered with the European Union for wind data analysis; and (iii) announced plans to set up offshore wind projects on a large scale through government run companies. To incentivise energy companies, in 2015 India released the National Offshore Wind Energy Policy (“Wind Policy”), which laid a roadmap for carrying out offshore development and promised government support for setting up offshore wind projects. Further, in 2017, the government issued the ‘Guidelines for Offshore Wind Power Assessment Studies and Surveys,’ which permitted 100% FDI by private players for carrying out offshore wind assessment. India subsequently floated an EOI in 2018 for setting up offshore wind projects which received interest from leading international players. However, the EOI did not progress owing to high capital expenditure and absence of financial support schemes.

At the COP26 in November 2021, India committed to net-zero greenhouse gas emissions by 2070 and non-fossil electricity capacity of 500 GW by 2030. Given that onshore wind and solar projects are nearing maturity levels, adding offshore wind which has 127GW potential to its energy mix is vital to meet the COP26 commitment. For this, India needs to continuously roll out initiatives to meet the ongoing challenges faced by offshore developers to catalyse offshore wind development.

One of the challenges faced by the developers are the multiple permits from different ministries such as fisheries, defence, coastal, environment, power etc., as required under the Wind Policy. The government has stated that it would facilitate such ministries to obtain the approvals but the onus to obtain the clearances continues to rest with the developer and may result in extended permitting delays. .

Further, offshore wind farms are capital intensive and obtaining an ROI take several years especially during the nascent stage and in the absence of fiscal support which leads to apprehension from lenders given the high risk of failure.

Investors are also apprehensive to invest in the transmission sector given the lack of coordination between the centre and state governments. For example, when the new government came to power in Andhra Pradesh in 2019, it issued termination notices under existing power purchase agreements on the premise that the erstwhile government had agreed to a higher tariff than market rate through corrupt practices. Since this allegation was made without adequate inspection, it raised an uproar in the energy market. It was only through the intervention of the central government, judiciary, and threats of invocation of the bilateral investment treaty by international governments that the power purchase arrangements were allowed to continue.

Besides, there is a lack of: (a) port infrastructure for connecting to onshore substations; (b) data on the impact of such projects on marine flora and fauna, archaeological sites, coastal tourism, commercial fisheries and salt pan workers including overlapping of such sites with offshore wind farms; (c) security for the expensive offshore installations; (d) local supply chain for manufacturing turbines and quality blades; (e) critical data to assess techno-economic feasibility of projects including correlation of ground & satellite data for better accuracy and load flow studies for ascertaining power evacuation requirements; and (f) clarity on the conditions of assured power purchase from the developer by the government.

Facing these challenges, I propose to explore the following comprehensive strategy that would include examining the legal, financial, and operational aspects of the following issues. India may consider: (a) updating the wind policy to address the issues stated above including time bound clearance approvals, government support undertakings, clarity on terms of power offtake by the government, providing security to wind installations; (b) supplementing wind policy with legislative backing to gain investor trust; (c) providing fiscal support in terms of reducing tax rates for setting up a local supply chain and offshore projects, government funding of port infrastructure and favourable interest rates. Further, the central bank should issue directives to financing institutions to mandatorily fund offshore wind projects; (d) enhancing data quality through partnership with industries for data sharing and setting up R&D centres; (e) assessing consumer patterns and requirements of industries along the coastline to directly provide power to such industry clusters rather than injecting in the grid through the state government; and (f) ensuring a coordinated multi-agency approach under central leadership to boost investor sentiment.

The success of offshore wind projects in Europe and the COP26 call to reduce dependency on fossil fuels have increased focus on offshore wind in India. The response to the EOI proves demand exists from the investors but investor interest may wane unless the government aggressively addresses current challenges.

Manushi Desai is a lawyer practising in Gujarat High Court and has previously worked with Khaitan, Cyril Amarchand Mangaldas and Shardul Amarchand Mangaldas in energy financing.

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Policy & Politic

India’s merchandise trade: Preliminary data for October ’21

India’s merchandise exports in October 2021 was USD 35.47 billion, an increase of 42.33% over USD 24.92 billion in October 2020 and an increase of 35.21% over USD 26.23 billion in October 2019.

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India’s merchandise exports in October 2021 was USD 35.47 billion, an increase of 42.33% over USD 24.92 billion in October 2020 and an increase of 35.21% over USD 26.23 billion in October 2019.

India’s merchandise exports in April-October 2021 was USD 232.58 billion, an increase of 54.51% over USD 150.53 billion in April-October 2020 and an increase of 25.45% over USD 185.4 billion in April-October 2019.

India’s merchandise imports in October 2021 was USD 55.37 billion, an increase of 62.49% over USD 34.07 billion in October 2020 and an increase of 45.76% over USD 37.99 billion in October 2019.

India’s merchandise imports in April-October 2021 was USD 331.29 billion, an increase of 78.71% over USD 185.38 billion in April-October 2020 and an increase of 15.81% over USD 286.07 billion in April-October 2019.

The trade deficit in October 2021 was USD 19.9 billion, while it was USD 98.71 billion during April-October 2021.

Value of non-petroleum exports in October 2021 was 30.27 USD billion, registering a positive growth of 29.63% over non-petroleum exports of USD 23.35 billion in October 2020 and a positive growth of 32.84% over non-petroleum exports of USD 22.79 billion in October 2019.

Value of non-petroleum imports was USD 40.94 billion in October 2021 with a positive growth of 45.82% over non-petroleum imports of USD 28.07 billion in October 2020 and a positive growth of 44.87% over non-petroleum imports of USD 28.26 billion in October 2019.

The cumulative value of non-petroleum exports in April-October 2021 was USD 199.41 billion, an increase of 45.59% over USD 136.96 billion in April-October 2020 and an increase of 24.09% over USD 160.7 billion in April-October 2019.

The cumulative value of non-petroleum imports in April-October 2021 was USD 243.89 billion, showing an increase of 65.41% compared to non-oil imports of USD 147.44 billion in April-October 2020 and an increase of 15.51% compared to non-oil imports of USD 211.14 billion in April-October 2019.

Value of non-petroleum and non-gems and jewellery exports in October 2021 was USD 26.05 billion, registering a positive growth of 27.54% over non-petroleum and non-gems and jewellery exports of USD 20.43 billion in October 2020 and a positive growth of 36.59% over non-petroleum and non-gems and jewellery exports of USD 19.07 billion in October 2019.

Value of non-oil, non-GJ (gold, silver & Precious metals) imports was USD 32.42 billion in October 2021 with a positive growth of 39.29% over non-oil and non-GJ imports of USD 23.27 billion in October 2020 and a positive growth of 30.72% over non-oil and non-GJ imports of USD 24.8 billion in October 2019.

The cumulative value of non-petroleum and non-gems and jewellery exports in April-October 2021 was USD 175.89 billion, an increase of 40.33% over cumulative value of non-petroleum and non-gems and jewellery exports of USD 125.35 billion in April-October 2020 and an increase of 27.72% over cumulative value of non-petroleum and non-gems and jewellery exports of USD 137.72 billion in April-October 2019.

Non-oil, non-GJ (Gold, Silver & Precious Metals) imports was USD 196.07 billion in April-October 2021, recording a positive growth of 50.91%, as compared to non-oil and non-GJ imports of USD 129.92 billion in April-October 2020 and a marginal positive growth of 9.87% over USD 178.45 billion in April-October 2019.

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