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Privacy vs Security: Examining India’s Groundbreaking Data Protection Bill 2023

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India’s journey towards enacting a comprehensive data protection law reached a significant milestone as the Digital Personal Data Protection Bill, 2023, was passed by the Rajya Sabha, following the Lok Sabha’s approval earlier. This legislative development signifies the country’s second attempt to establish a robust privacy framework. While this achievement is noteworthy, the Bill has sparked discussions, with privacy experts expressing concerns about certain provisions, including exemptions for the central government and its potential impact on online censorship and the Right to Information (RTI) Act.

Key Provisions of the Bill

Exemptions for the Centre:
One of the contentious aspects of the Bill is the provision that allows the central government to exempt “any instrumentality of the state” from the adverse consequences of data processing, citing reasons such as national security, foreign relations, and maintenance of public order. IT Minister Ashwini Vaishnaw defended these exemptions, citing scenarios like natural disasters and police investigations where swift action may be required without obtaining consent for data processing.

Comparison with GDPR:
Shri. Vaishnaw pointed out that the European Union’s General Data Protection Regulation (GDPR) contains 16 exemptions, while India’s Bill has only four. However, privacy advocates argue that the Indian legislation grants broader powers to the government.

Penalties and Platform Blocking:
The Bill introduces penalties for entities that violate data protection norms. If an entity is penalized on multiple occasions, the central government, after a hearing, can decide to block its platform in the country. This provision adds a layer of enforcement not present in the 2022 draft.

Online Censorship Concerns:
Experts have raised concerns that the Bill, particularly the exemptions and penalties, could contribute to the existing online censorship regime, particularly under Section 69(A) of the Information Technology Act, 2000.

Impact on the Right to Information Act:
Critics worry that the Bill’s provisions protecting the personal data of government functionaries could potentially undermine the RTI Act by making it difficult to share such information with RTI applicants. Shri. Vaishnaw argued that the Bill harmonises RTI and personal data protection.

Data Protection Board:
The control of the Centre in appointing members of the Data Protection Board, which deals with privacy-related grievances and disputes, has been retained. The Chief Executive of the board will be appointed by the central government, raising questions about its independence.

Leeway for Data Processing:
The Bill allows certain “legitimate uses” of personal data without explicit consent. This includes national security, offering services, and employment-related matters.

Age of Consent:
The Centre can process data of citizens below 18 years without parental consent if the platform ensures data processing in a “verifiably safe manner,” addressing concerns in sectors like ed-tech and healthcare.

Cross-Border Data Flows:
The Bill simplifies cross-border data flows, moving from a whitelist to a blacklist approach, allowing data flows by default to all regions unless prohibited by the government. This aims to ensure business continuity.

Significant Data Fiduciaries:
The government can categorise entities as “significant data fiduciaries” based on factors like data volume, electoral democracy risks, and national security impact. Social media platforms like Facebook, YouTube, and WhatsApp may fall under this category, necessitating the appointment of data protection officers.

Conclusion

The passage of the Digital Personal Data Protection Bill, 2023, in India marks a significant step toward establishing a comprehensive data protection framework. However, the Bill’s provisions have raised concerns about exemptions, online censorship, and potential impacts on the RTI Act. As the Bill awaits the President’s assent to become law, it reflects India’s ongoing efforts to strike a balance between privacy protection and innovation, all while addressing the challenges posed by the digital age.

The implications of this legislation will be closely watched by various stakeholders, including businesses, privacy advocates, and citizens, as India navigates the evolving landscape of digital data protection. Balancing individual privacy rights with national security interests is a complex task, and the effectiveness of the Bill in achieving this balance will be revealed in its implementation.

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A Tale of Two Rivers: Yamuna and Sabarmati

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Aerial view of Yamuna and Sabarmati was taken with the help of Google Earth.
Aerial view of Yamuna and Sabarmati

India considers its rivers sacred. In Hinduism some are even personified as goddesses. Yet, paradoxically, these revered rivers often bear the brunt of abuse and pollution. Vital to the rise of civilizations, rivers are lifelines without which cities cannot thrive.

In this documentary we explore the tale of two rivers, Sabarmati and Yamuna both are lifelines of their respective cities, yet they stand as stark opposites. Life resides on the banks of both the rivers but people of Yamuna breathe poison while Sabarmati riverfront Ahmedabad provides a haven for leisure, economic activities, and community life.

The Sabarmati Riverfront showcases a governance model that marries urbanization with environmental preservation. Often mistaken as the capital of Gujarat, Ahmedabad stands as a stellar example of city planning and sustainable development. For decades, the Sabarmati was a neglected and polluted river. However, the Gujarat government decided to turn the tide.

It decided to use the 100 crore amount from the River conservation program to clean the Sabarmati. It installed pumping stations and sewage treatment plant. This gave the people of Gujarat hope. Soon the Sabarmati riverfront development project was passed and a special purpose vehicle called the Sabarmati Riverfront Development Corporation limited. The river was on its way for a makeover. Soon strategies for flood protection, bank protection, and river training were formulated. On both the banks of the river diaphragm walls were built to sustain floods and the project can sustain levels of 4.75 lac cusecs without spillage into the city.

In stark contrast, the Yamuna, personified as the goddess Yami, remains murky, toxic, and heavily polluted. It supplies 70% of Delhi’s water, yet the 22-kilometer urban stretch between the Wazirabad Barrage and Okhla Barrage—just 2% of its total length—accounts for nearly 80% of the river’s pollution. Every winter, the Yamuna is blanketed in toxic froth, mockingly referred to as the “famous bubble bath” provided by the Delhi government.

Crores of rupees have been invested in cleaning the Yamuna, involving Japan international banks, various plans, and strategies, yet the efforts appear to yield no significant results. The Government of Japan provided loan assistance for implementation of YAP in December-1990. YAP was formally launched in 1993, now called as YAP phase I. The total cost of YAP I along with the additional package was INR 7.32 billion between 1993 and 2003. Subsequently, under YAP II, INR 6.24 billion was allocated between 2004 and 2011, but the project failed to meet its deadlines. In 2019, YAP III was launched as part of the Namami Gange project. Nearly INR 6,856.91 crore was spent over five years, from 2017-21.  In 2023, the Delhi government allocated an additional INR1,028 crore for cleaning the Yamuna, bringing the total to INR 3,139 crore. The Delhi government had received a fund of INR 618.50 crore under the Yamuna Action Plan III from the Central government and had spent around INR 687 crore for cleaning the Yamuna. Ministry of Water Resources, River Development and Ganga Rejuvenation in December 2018 released a sum of INR 2,361.08 crore to the Delhi government for 11 projects for cleaning the Yamuna.

The mathematics of the Sabarmati Riverfront development project is fairly simple and it isn’t merely about the beautification of the river. It is planned to sustain business, economics, people-centric activities, and further development of the city. The project was planned to self-finance. Its success lies behind the transparent approach of the government and SRFDL. Revenue of around INR 450 crore was generated from the sale of reclaimed land. This covered the initial 5 yea₹ of projected construction cost of INR 361 crore. The initial phase, which opened in August 2012, had a cost of INR 1,400 crore (US$160 million) as of November 2019. The second phase, covering 5.5 km on both banks, was approved in 2020 with an initial budget of INR 850 crore. The plan is to extend this to the capital Gandhinagar—26.65 km in multiple phases over the next 15 years.

Gujarat Model made Narendra Modi the 14th Prime minister of India and he has been the prime minister for three consecutive terms. It is a hard to digest pill for many politicians. It truly separates politics from governance and has made Gujarat one of most liveable cities of India. Sabarmati Riverfront development project is an important and beautiful part of the same model. This project is unique because it truly socialized a river, a historic river, which through decades of neglect and decay, had become a pathetic caricature of a river. It is high time that Delhi government learns the difference between politics and governance and utilise money being pumped into the Yamuna river.

In contrast, the Sabarmati Riverfront Project was strategically planned to be self-financing. Revenue of INR 450 crore was generated from the sale of reclaimed land, covering the initial five years of construction costs (INR 361 crore). The first phase, inaugurated in 2012, cost INR 1,400 crore. The second phase, approved in 2020, had an initial budget of INR 850 crore and aimed to extend the riverfront by 5.5 km. Future plans include extending the project to Gandhinagar—26.65 km in multiple phases over 15 years.

The Sabarmati Riverfront epitomizes the Gujarat Model of governance, which separates politics from administration. This model catapulted Narendra Modi to the position of India’s 14th Prime Minister, a role he has held for three consecutive terms. While critics may find this difficult to accept, the Gujarat Model’s focus on transparent governance and sustainable urban development has made Ahmedabad one of India’s most livable cities.

The Sabarmati Riverfront Project exemplifies how a neglected river was revitalized into a thriving social and economic hub. It is high time the Delhi government draws lessons from this approach, moving beyond political rhetoric to effectively utilize the resources allocated for the Yamuna. Clean rivers are not just a matter of infrastructure but a reflection of governance that prioritizes people over politics.

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Unsolved Mystery: The Chilling Tale of Mumbai’s Beer Man Killings

In the bustling streets of Mumbai, a shadowy figure left a trail of fear and mystery between October 2006 and January 2007. Known only as the “Beer Man,” this elusive serial killer preyed upon the city’s homeless men, leaving beer bottles as his sinister calling card.

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The story of the “Beer Man” killings in Mumbai involves a series of murders that took place between October 2006 and January 2007. The nickname “Beer Man” was given to the unidentified serial killer because beer bottles were found near the bodies of the victims.

Here is a summary of the key points:

  1. Victims: The killer targeted homeless men, often found in secluded areas of South Mumbai. There were seven confirmed victims, and each was killed in a similar manner, often by being bludgeoned to death.
  2. Crime Scenes: The murders took place in various parts of South Mumbai, including the Marine Lines and Churchgate areas. The presence of beer bottles at the crime scenes was a signature element, leading to the moniker “Beer Man.”
  3. Investigation: The Mumbai police launched an extensive investigation, but the case proved challenging due to the lack of witnesses and concrete evidence. The randomness of the attacks and the lack of a clear motive further complicated the investigation.
  4. Arrest: In January 2008, Ravindra Kantrole, a 42-year-old former police informer with a criminal background, was arrested and charged with the murders. Kantrole had been linked to one of the crime scenes through forensic evidence. He was initially convicted of one murder but later acquitted due to insufficient evidence.
  5. Aftermath: Despite the arrest and trial of Kantrole, doubts remained about whether he was indeed the “Beer Man.” The lack of conclusive evidence and the subsequent acquittal left the case unresolved in the eyes of many.

The “Beer Man” killings remain one of Mumbai’s most notorious unsolved murder cases, shrouded in mystery and speculation.

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Burari Repeat: A Tragic Mass Suicide in Madhya Pradesh

In a deeply unsettling incident, authorities in Alirajpur, Madhya Pradesh, discovered the bodies of five family members, including three children, in an apparent mass suicide at their home in Ravdi village. The tragic event echoes the infamous Burari case in Delhi, highlighting a disturbing pattern of family suicides in India.

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Early on Monday, local police received a distress call alerting them to the situation. Upon arrival, they found Rakesh Dodwa, 27, his wife Lalita Dodwa, 25, and their children Laxmi, 9, Prakash, 7, and Akshay, 5, hanging inside their residence. The shocking discovery was made at around 7 AM, leaving the community in deep sorrow and confusion.

“The report of five deaths in Ravdi village, Sondwa tehsil, was received at 7 AM today,” confirmed a police official. The authorities have launched a thorough investigation led by the Sub Divisional Officer of Police (SDOP) of Alirajpur to uncover the circumstances surrounding this tragic incident.

This case bears a chilling resemblance to the Burari incident in Delhi, where 11 family members were found dead in their home nearly four years ago. The Burari case shocked the nation, with the family discovered hanging in their home in a ritualistic manner, bound and blindfolded. Investigations revealed that the family had been influenced by delusional beliefs and a shared psychotic disorder, leading to their tragic demise.

The bodies in Alirajpur have been sent for autopsy, as investigators work diligently to piece together the events that led to this heartbreaking outcome. The community is left grappling with the emotional impact of such a profound loss, seeking answers and solace in the face of such a grim reality.

As the investigation unfolds, local authorities are committed to providing clarity and support to the affected community. The emotional toll of such incidents is profound, and efforts are being made to address the mental health and financial well-being of families to prevent similar tragedies in the future.

The tragic deaths of Rakesh, Lalita, Laxmi, Prakash, and Akshay Dodwa serve as a stark reminder of the vulnerabilities that exist within our communities. As we mourn their loss, we must also strive to understand and address the root causes of such tragedies, working collectively to prevent them from recurring. The investigation in Alirajpur continues, with authorities determined to provide answers and prevent future occurrences of such devastating events.

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