Articles on 4 January 2025

What’s in today’s article?

• Why in News?
• Major Provisions of the Draft Rules
• Industry and Expert Reactions
• Penalties and Enforcement
• Conclusion

Why in News?

• The Government of India released the draft Digital Personal Data Protection Rules, 2025, under the Digital Data Protection Act, 2023, outlining provisions for data privacy, compliance, and processing mechanisms.

 Major Provisions of the Draft Rules:

• Parental consent for children's data:
  • Verification required: Social media and online platforms must obtain verifiable parental consent before children create accounts.
  • Identity validation: Parents' age and identity must be validated through government-issued identity proof.
  • Exception: Health, mental health establishments, education institutions, and daycare centers are exempt from this requirement.
• Role and responsibilities of data fiduciaries:
  • Definition of data fiduciaries:
    • Entities collecting and processing personal data are categorised as "Data Fiduciaries."
    • Significant Data Fiduciaries (SDFs) are those processing high volumes or sensitive data, impacting national sovereignty, security, or public order.
  • Data retention: Data can only be retained for the duration of consent and must be deleted afterward.
  • Security measures: Fiduciaries must ensure encryption, access control, and monitoring for unauthorised access.
• Consent management:
  • Consent managers: Entities entrusted to manage consent records must comply with robust verification processes.
  • Grievance redressal: Data fiduciaries must establish mechanisms to address grievances and allow withdrawal of consent.
• Data localisation:
  • Reintroduction: Localisation mandates restrict transferring certain personal and traffic data outside India.
  • Oversight: A government-formed committee will determine the categories of data restricted from cross-border transfer.
• Data breach reporting:
  • Intimation obligations: In case of a breach, fiduciaries must inform affected users and the Data Protection Board promptly, detailing its nature, timing, and mitigation measures.
  • Uniform treatment of breaches: No differentiation between minor and major breaches; all require reporting.
• Safeguards for government data processing:
  • Lawful processing: Government agencies must process citizen data lawfully, with specific safeguards outlined to address concerns over exemptions for national security and public order.

Industry and Expert Reactions:

• Compliance challenges:
  • Complex consent management: Maintaining consent records and ensuring opt-out mechanisms may require redesigning existing platforms and systems.
  • Infrastructure investments: Organisations need to overhaul data collection, storage, and lifecycle practices to comply with the rules.
• Ambiguity in security standards: Experts have raised concerns about the lack of detailed guidance on security practices, potentially leading to varied interpretations.
• Data localisation controversy: Global tech giants like Meta and Google have expressed concerns over the implications of data localisation on service delivery.

Penalties and Enforcement:

• Fines: Non-compliance with safeguards or failure to prevent data breaches can attract penalties of up to Rs 250 crore.
• Consent manager violations: Repeat violations by consent managers may lead to suspension or cancellation of their registration.

Conclusion:

• The draft Digital Personal Data Protection Rules, 2025, aim to strengthen India’s data privacy framework while addressing challenges for businesses and individuals.
• The reintroduction of data localisation and emphasis on consent management mark significant developments, but clarity on implementation and compliance mechanisms remains crucial.

Q.1. What is the Digital Data Protection (DPDP) Act, 2023?

The DPDP Act provides for the processing of digital personal data in a manner that recognises both the right of individuals to protect their personal data and the need to process such personal data for lawful purposes.

Q.2. What is right to privacy in India?

The right to privacy in India is a fundamental right that protects a person's ability to make personal choices without unwarranted interference. It is guaranteed by Article 21 of the Constitution of India, which also protects the right to life and personal liberty.

Source: NIE | IE

What’s in today’s article?

• Introduction
• Single-Teacher and Zero Enrolment Schools
• Basic Amenities in Schools
• Conclusion

Introduction

• The latest data from the Unified District Information System for Education Plus (UDISE+) highlights critical aspects of India’s school infrastructure and enrolment trends.
  • UDISE+ is one of the largest Management Information Systems initiated by Department of School Education and Literacy, Ministry of Education.
• These findings shed light on both improvements and persistent challenges in the education system.

Single-Teacher and Zero Enrolment Schools

• The number of single-teacher schools in India has decreased from 1,18,190 in 2022-23 to 1,10,971 in 2023-24, marking a reduction of 7,219 schools.
• This decline has also been accompanied by a drop in student enrolment in these schools, which fell from 47.43 lakh to 39.94 lakh over the same period.
• On the other hand, the number of schools with zero enrolments has seen a worrying increase.
• From 10,294 schools in 2022-23, the count rose to 12,954 schools in 2023-24, an increase of 2,660 schools. States such as West Bengal (3,254 schools), Rajasthan (2,167 schools), and Telangana (2,097 schools) report the highest numbers.
• Officials attribute this phenomenon to the possibility of schools awaiting new batches of students; however, if enrolment fails to resume, these schools risk closure.

Basic Amenities in Schools

• Among India’s 14.71 lakh schools, infrastructural gaps remain evident:
• Electricity:
  • 1.52 lakh schools still lack functional electricity.
  • Government schools account for the majority, with 9.12 lakh out of 10.17 lakh government schools having functional electricity.
• Drinking Water:
  • While 14.47 lakh schools claim to have drinking water facilities, only 14.11 lakh have them functional.
  • Approximately 24,580 schools lack any drinking water facility.
• Toilets:
  • Of 14.71 lakh schools, 14.50 lakh have toilets, but 14.04 lakh are functional.
  • Government schools constitute the majority of the 67,000 schools operating without functional toilets.
• Access for Differently-Abled Students:
  • Only 33.2% of government schools have disabled-friendly toilets, and of these, only 30.6% are functional.
  • 77% of schools have ramps, but just 52.3% have ramps with handrails, limiting accessibility.
• Technology & Co-Curricular Activities:
  • 50% of schools lack access to functional computers for teaching.
  • Only 17.5% of schools have dedicated arts and crafts rooms, with government schools lagging further at 9.9%.
  • Among schools with secondary sections, only 1.6 lakh out of 2.86 lakh have integrated science laboratories.
• Renewable Energy Adoption:
  • The uptake of solar panels in schools is minimal, with only 1.54 lakh schools (10.5%) equipped with solar energy systems.
  • Government schools fare worse, with only 8.8% (89,746 schools) having installed solar panels.
• Regional Disparities:
  • Madhya Pradesh leads in the number of single-teacher schools (13,198), followed by Andhra Pradesh (12,611).
  • West Bengal has the highest number of schools with zero enrolments, a trend that raises concerns about the viability of these institutions.

Conclusion

• While there have been some improvements, such as the decline in single-teacher schools, challenges like the rise in zero-enrolment schools, lack of basic amenities, and inadequate facilities for differently-abled students continue to persist.
• Addressing these issues requires a focused approach involving infrastructure upgrades, increased teacher deployment, and better accessibility measures to ensure quality education for all.
• The UDISE+ data serves as a vital tool to identify gaps and shape policies aimed at transforming India’s educational landscape.

Q1. What is the difference between Literacy and Education?

Literacy refers to a person's capacity to read and write, whereas education, generally speaking, is typically required to formulate critical thinking as well as to think ethically, and to apply moral values.

Q2. When was the Ministry of Education created?

The Ministry of Education (MoE) was created on September 26, 1985, through the 174th amendment to the Government of India (Allocation of Business) Rules, 1961. Currently, the MoE works through two departments: Department of School Education & Literacy. Department of Higher Education.

Source : IE | TH

What’s in today’s article?

• Why in News?
• Yarlung Tsangpo Project
• Specific concerns for India
• Existing coordination mechanism on transboundary rivers between India and China
• Options available to India

Why in News?

China has approved the construction of the world’s largest hydropower project on the Yarlung Tsangpo river in Tibet, with a capacity of 60,000 MW, three times that of the Three Gorges Dam.

The river flows into Arunachal Pradesh as the Siang, into Assam as the Brahmaputra, and then into Bangladesh before reaching the Bay of Bengal.

The project is expected to have a significant impact on the livelihoods, ecology, and water availability for millions downstream.

India has consistently expressed concerns to China about such projects, emphasizing the need for transparency and consultation to protect downstream states’ interests.

Yarlung Tsangpo Project

• About
  • The Yarlung Tsangpo hydropower project is set to be the world’s largest hydropower project, planned at the "Great Bend" of the river in Medog county, Tibet, where it makes a U-turn before entering Arunachal Pradesh.
  • The project is part of China’s 14th Five-Year Plan (2021-2025).
• Location and Planning Stage
  • According to experts, the project’s location has been strategically chosen. Recent activities, including funding allocation, construction of smaller dams, and changes in upstream land use, suggest the project is in an advanced planning phase, with visible construction expected soon.
• China's Goals for the Yarlung Tsangpo Project
  • China aims to use the Yarlung Tsangpo project to reduce reliance on conventional energy sources and achieve net carbon neutrality by 2060.
  • The river’s steep descent from the mountains provides an ideal flow rate for hydroelectricity generation, making it a prime location for such a mega project.
• Scale of China's Dams and Environmental Concerns
  • China’s recent dams, including the Three Gorges Dam, highlight the massive scale of its hydropower ambitions.
  • However, these projects have raised significant environmental concerns.
  • The Three Gorges Dam, for instance, has altered gravity anomaly maps due to the immense weight of stored water, caused severe ecological impacts, and even triggered earthquakes.
  • Additionally, over a million people were displaced due to changes in river morphology.
  • The Yarlung Tsangpo project could replicate these environmental and social risks on a larger scale, posing significant challenges for downstream regions.

Specific concerns for India

• Impact on Water Flow to India
  • The proposed dam could significantly affect water flow from China to India, a lower riparian state, as most of the water in the Brahmaputra system originates in Tibet.
  • Any alteration in water flow could disrupt agriculture and water availability in India.
• Interruption of Silt and Biodiversity
  • Large dams often block the flow of silt, essential for agriculture, and cause changes in river flow, adversely affecting local biodiversity.
  • These disruptions could have long-term ecological and agricultural consequences for the region.
• Earthquake-Prone and Fragile Ecology
  • The region is one of the most ecologically fragile and earthquake-prone areas in the world.
  • A large dam in this zone increases the risk of catastrophic events.
  • For instance, the 2004 Parechu Lake landslide in Tibet, which later burst in 2005, highlights the dangers of water accumulation in unstable regions, despite timely coordination to mitigate damage.
• Need for Coordination and Concerns Over Cooperation
  • Effective coordination and real-time exchange of information between countries are crucial to prevent disasters.
  • However, China has shown reluctance to cooperate with lower riparian states like India.
  • Similar concerns have been observed in the Mekong river basin, where China’s 12 large dams have negatively impacted downstream nations.

Existing coordination mechanism on transboundary rivers between India and China

• India and China have several agreements for cooperation on transboundary rivers:
  • Umbrella MoU (2013): Covers overall cooperation on transboundary rivers and has no expiry date. However, no activity is currently being undertaken under this agreement.
  • Brahmaputra MoU: Signed for data sharing and renewable every five years. It lapsed in 2023, and its renewal is under process via diplomatic channels.
  • Sutlej MoU: Initiated after the 2004 Parechu Lake incident but does not provide year-round data. This MoU is also pending renewal.
• Expert Level Mechanism (2006)
  • This mechanism facilitates annual meetings between India and China to discuss transboundary river issues.
  • However, interruptions have occurred in recent years.
• Challenges in Cooperation
  • China has been reluctant to share data consistently, with interruptions noted during the 2017 Doklam crisis and the 2020 Ladakh standoff.
• International Framework
  • While neither India nor China is a signatory to the 1997 UN Convention on the Law of the Non-Navigational Uses of International Watercourses, both countries abide by its key principles.
  • These include equitable and reasonable water use and ensuring that actions of one country do not significantly harm another.
• Need for Enhanced Cooperation
  • Given the limited avenues of coordination and the potential risks posed by mega projects like the Yarlung Tsangpo dam, robust mechanisms and renewed agreements are critical for preventing disputes and ensuring regional stability.

Options available to India

• Limited Scope of Understanding
  • India and China have a narrow and limited understanding when it comes to transboundary river issues.
  • China has been unwilling to agree to any commitments that could address India’s concerns comprehensively.
• China’s Standard Response
  • China often claims its hydropower projects are run-of-the-river, implying minimal water impounding and limited downstream impact.
  • However, India views these assertions sceptically.
• India’s Need for Public Challenges
  • India must challenge China’s statements, including the recent claim that the Tsangpo mega dam would have no downstream impacts.
  • Without publicly countering such narratives, these projects could become faits accomplish, creating long-term challenges for India.
• Honest Dialogue and Dissuasion
  • India should push for an honest dialogue with China and attempt to dissuade them from pursuing large-scale projects like the Tsangpo mega dam.
• Elevating Water as a Key Issue
  • Water-related concerns should become a significant focus in India’s engagement with China.
  • India needs to clearly convey that disregarding its interests and concerns will negatively impact bilateral relations.

Q.1. What impact could the Yarlung Tsangpo dam have on India?

The dam could disrupt water flow from Tibet, affecting agriculture and water availability in India, especially in Assam and Arunachal Pradesh. It may also interrupt silt flow, harming agriculture, and pose ecological risks due to the fragile and earthquake-prone region.

Q.2. How does India currently coordinate with China on transboundary rivers?

India and China have agreements such as the Umbrella MoU and Brahmaputra MoU, focusing on data sharing and cooperation. However, there have been challenges in consistent cooperation, with data-sharing disruptions during tensions like the 2017 Doklam and 2020 Ladakh standoff.

Source: IE | NDTV

What’s in today’s article?

• Why in News?
• Transgender Persons (Protection of Rights) Act, 2019
• Background of the case
• Karnataka HC's Ruling
• Application Process for Certificate of Identity

Why in News?

Five years after the Transgender Persons (Protection of Rights) Act, 2019 was enacted, the Karnataka High Court intervened to allow a transgender woman to change her name and gender on her birth certificate.

This step was necessary as she was earlier denied the change, despite such provisions being explicitly allowed under the 2019 Act and its rules.

Transgender Persons (Protection of Rights) Act, 2019

• About
  • The act allows transgender individuals to obtain a "certificate of identity" (Section 6) and revise it after sex-reassignment surgery (Section 7).
  • The Act mandates that gender recorded on this certificate must appear on all official documents.
  • It also explicitly permits changing the first name and gender in the birth certificate and other identity documents based on this certificate.
• Rules and Procedures Under the 2020 Rules
  • The Transgender Persons (Protection of Rights) Rules, 2020 outline the procedure for obtaining the certificate and include a list of official documents eligible for revision, with the "Birth Certificate" as the first entry.

Background of the case

• Ms. X vs. State of Karnataka (2024)
  • In Ms. X vs. State of Karnataka (2024), the petitioner, diagnosed with gender dysphoria, underwent sex-reassignment surgery and changed her name to align her official documents with her gender identity.
  • She successfully updated her Aadhaar card, driving license, and passport but faced rejection when applying to change her name and gender on her birth certificate.
• Registrar’s Rejection
  • The Registrar of Births and Deaths in Mangalore denied her request, citing Section 15 of the Registration of Births and Deaths Act, 1969.
  • The provision permits changes to birth certificates only if the information is "erroneous" or entered "fraudulently or incorrectly."
• Challenge in Karnataka High Court
  • The petitioner challenged the restrictive interpretation of Section 15, arguing that it curtailed her right to life with dignity under Article 21 of the Constitution.
  • She emphasized that inconsistent documentation creates a “dual life,” exposing her to harassment and discrimination.
• State's Argument
  • The Karnataka government maintained that the Registrar was bound by the limitations of the 1969 Act, which does not explicitly allow changes for reasons like gender identity updates.

Karnataka HC's Ruling

• Conflict Between the 1969 Act and the 2019 Act
  • The Registration of Births and Deaths Act, 1969 restricts changes to birth certificates to cases of “erroneous,” “fraudulent,” or “incorrect” entries (Section 15).
  • However, the Karnataka HC found this general law to be in conflict with the Transgender Persons Act, 2019, a special law aimed at protecting transgender rights.
• Legal Principle: Special Law Prevails Over General Law
  • The HC applied the principle of generalia specialibus non-derogant ("the special shall prevail over the general"), holding that the specific provisions of the 2019 Act override the general provisions of the 1969 Act.
  • This interpretation ensures that the broader objectives of the 2019 Act are not obstructed by older general laws.
• HC's Ruling
  • The Karnataka HC directed the Registrar to recognize certificates issued under the Transgender Persons Act and update birth certificates with the revised name and gender identity.
  • The court also emphasized that this must be followed “until suitable amendments are made to the 1969 Act.”

Application Process for Certificate of Identity

• Application Process
  • Under the Transgender Persons Rules, individuals must file an application with the District Magistrate (DM) along with an affidavit declaring their gender identity.
  • The DM will process the affidavit and issue an identification number as proof of application.
  • Within 30 days, the DM will either issue the certificate of identity and a transgender identity card or reject the application with reasons.
• Revised Certificate for Post-Surgery Applicants
  • Transgender individuals who undergo reassignment surgery can request a medical certificate from the Medical Superintendent or Chief Medical Officer.
  • Using this medical certificate, they can reapply to the DM for a revised certificate of identity, which must be issued within 15 days.
• Exemption for Pre-Act Changes
  • Individuals who recorded a change in gender before the Act came into force are not required to apply for a certificate of identity under the Act.
• Obligation to Update Official Documents
  • Authorities responsible for issuing official documents (e.g., Aadhaar, driving license, birth certificate) must update the name, gender, photograph, or any related information within 15 days of receiving an application from a transgender person with a valid certificate of identity.

Q.1. What does the Karnataka High Court ruling on birth certificates signify for transgender rights?

The ruling affirms that transgender individuals can update their birth certificates to reflect their gender identity, overriding restrictive interpretations of older laws. It ensures that transgender persons' rights to dignity and identity are protected under the Transgender Persons Act, 2019.

Q.2. What is the process for transgender individuals to update their identity documents in India?

Transgender individuals must apply for a certificate of identity through the District Magistrate, with an affidavit declaring their gender. After surgery, they can apply for a revised certificate, which authorities must use to update documents like Aadhaar, driving licenses, and birth certificates.

Source: IE | IT | ABP Live