Hate speech a menace, buck stops at Centre: SC
Hate speech a menace, buck stops at Centre: SC
The Supreme Court has said the “buck ultimately stops with the government” to clamp down on
hate speech and hate crimes, as they are offences committed on the society.
What is ‘Hate Speech’?
● There is no specific legal definition of ‘hate speech’.
● The Law Commission of India, in its 267th Report, says: “Hate speech generally is an
incitement to hatred primarily against a group of persons defined in terms of race,
ethnicity, gender, sexual orientation, religious belief and the like …
● Thus, hate speech is any word written or spoken, signs, visible representations within the
hearing or sight of a person with the intention to cause fear or alarm, or incitement to
violence.”
● In general, hate speech is considered a limitation on free speech that seeks to prevent or
bar speech that exposes a person or a group or section of society to hate, violence,
ridicule or indignity.
Attributes of Hate Speech
Hate Speech has three important attributes:
- Hate speech can be conveyed through any form of expression, including images,
cartoons, memes, objects, gestures and symbols and it can be disseminated offline or
online. - Hate speech is “discriminatory” (biased, bigoted or intolerant) or “pejorative”
(prejudiced, contemptuous or demeaning) of an individual or group. - Hate speech calls out real or perceived “identity factors” of an individual or a group,
including: “religion, ethnicity, nationality, race, colour, descent, gender,” but also
characteristics such as language, economic or social origin, disability, health status, or
sexual orientation, among many others.
How is it treated in Indian law?
● Provisions in law criminalize speeches, writings, actions, signs and representations that
foment violence and spread disharmony between communities and groups and these are
understood to refer to ‘hate speech’.
● Sections 153A and 505 of the Indian Penal Code are generally taken to be the main penal
provisions that deal with inflammatory speeches and expressions that seek to punish ‘hate
speech’.
[I] Section 153A:
● Promotion of enmity between different groups on grounds of religion, race, place of birth,
residence, language, etc., and doing acts prejudicial to maintenance of harmony’, is an
offence punishable with three years’ imprisonment.
[II] Section 505:
● 505(1): Statements conducing to public mischief– The statement, publication, report or
rumour that is penalized under Section 505(1) should be one that promotes mutiny by the
armed forces, or causes such fear or alarm that people are induced to commit an offence
against the state or public tranquillity. This attracts a jail term of up to three years.
● 505(2): It is an offence to make statements creating or promoting enmity, hatred or ill-
will between classes.
● 505(3): Same offence will attract up to a five-year jail term if it takes place in a place of
worship, or in any assembly engaged in religious worship or religious ceremonies.
Why curb hate speeches?
● Creates social divide: Individuals believe in stereotypes that are ingrained in their minds
and these stereotypes lead them to believe that a class or group of persons are inferior to
them and as such cannot have the same rights as them.
● Threat to peaceful co-existence: The stubbornness to stick to a particular ideology
without caring for the right to co-exist peacefully adds further fuel to the fire of hate
speech.
Issues in regulating hate speech
● Powers to State: Almost every regulation of speech, no matter how well-intentioned,
increases the power of the state.
● Hate speeches are Political: The issue is fundamentally political and we should not
pretend that fine legal distinctions will solve the issue.
● Legal complications: An over-reliance on legal instruments to solve fundamental social
and political problems often backfires.
Way forward
● Subjects like hate speeches become a complex issue to deal with, in a country like India
which is very diverse, as it was very difficult to differentiate between free and hate
speech.
● There are many factors that should be considered while restraining speeches like strong
opinions, offensive comments towards certain communities, the effect on values like
dignity, liberty and equality.
● We all have to work together and communicate efficiently for our country to be a healthy
place to live in.
PSInSAR satellite technique
The PSInSAR satellite technique used to observe the gradual sinking of Uttarakhand’s
Joshimath town is a powerful remote sensing tool capable of measuring and monitoring
displacements in the Earth’s surface over time. The Indian Institute of Technology (IIT) Ropar in Punjab said that its researchers had in 2021 predicted a large-scale subsidence in
Joshimath.
More about the technique
- The researchers collected remote sensing data using the Persistent Scatterer Synthetic
Aperture Radar (PSInSAR) Interferometry technique to observe the sinking. - A Synthetic Aperture Radar (SAR) is a form of radar that is used to create two-
dimensional images or three-dimensional reconstructions of objects, such as
landscapes. - A signal from an SAR satellite interacts with different targets and goes back to the
sensor located in the satellite, based on which an image is created. In our study,
Sentinel 1 SAR satellite data was used,” said IIT-Ropar. - So, for active SAR sensors, the built-up structures such as buildings act as persistent or
permanent scatterers. - Scattering refers to a change in the direction of light because of its collision or
interaction with another particle, say buildings. - The buildings are “scatterers”, and because they are usually static and do not record
movements, they are referred to as “permanent scatterers” or “persistent scatterers”. - In PSInSAR, the persistent scatterers in question are imaged over a period of time at
regular intervals. Therefore, successive images are acquired. - Any change in the signal received after having been scattered by the target is due to
change in the target movement. - Since persistent scatterers are not usually expected to move, therefore, any movement,
even on a scale of millimetres, arising from crustal deformations or seismic activity or
even structural failure is captured precisely
What is land subsidence and how does it differ from a landslide?
- Land subsidence is when the normal ground itself starts sinking or gets displaced all
together. - On the other hand, landslides occur when a mass of rock located at higher elevation
falls down on a lower surface or road either due to slip action or under influence of
gravity. - While landslides are a highly localised phenomenon, land subsidence usually covers
a larger area. - Land subsidence is the slow settling of ground over a large area, which can happen in
plains as well. - However, in a landslide, a mountain slope fails due to different reasons, one of them
being heavy rainfall.
Urban development projects only after EIA
The Supreme Court has urged legislators and policy experts to ensure that Environment
Impact Assessment (EIA) studies are done before giving the green signal for urban
development projects in India’s cities.
Judgement came in the light of events:
- In a judgment, the bench referred to media reports of how haphazard urban
development has ruined the ‘Garden City’ of Bengaluru as witnessed during a major
spell of rain in September 2022. - The court said that the city struggled for drinking water while it lay submerged after
the downpour. - The judgment came in regard to a proposal to convert independent residential units
into apartments in Chandigarh Phase 1. - The court prohibited the move in order to protect the heritage status of ‘Corbusian’
Chandigarh.
What the court directs?
- It is high time that the legislature, the executive and policymakers at the Centre as
well as at the State levels take note of the damage to the environment on account of
haphazard developments.
2. It also talks about taking necessary measures to ensure that the development does not
damage the environment.
3. It is necessary that a proper balance is struck between sustainable development and
environmental protection.
4. It said that the legislature, the governments and experts should put their heads
together “to make necessary provisions for carrying out Environmental Impact
Assessment (EIA) studies before permitting urban development”.
The apex court directed the copies of the judgment to be forwarded to the Cabinet
Secretary to the Union of India and to the Chief Secretaries of all the States to take note
of it.
It hoped that the Union of India as well as the State governments will take earnest steps
in that regard.
From where judgement took inference
- The judgment referred to a publication by the United Nations Environment
Programme (UNEP), which underscored that more than half of the world’s population
was now living in urban areas.
2. The publication further noted that by the year 2050, more than half of Africa and
Asia’s population would live in towns and cities.
3. It recognised that City Development Strategies (CDSs) have shown how to integrate
environmental concerns in long-term city visioning exercises.
4. The publication defines EIA to be an analytical process or procedure that
systematically examines the possible environmental consequences of the
implementation of a given activity (project).
5. It is aimed to ensure that the environmental implications of decisions related to a
given activity are taken into account before the decisions are made.
Indian Army Day 2023
India celebrates Army Day on 15 January every year to commemorate the achievements of the
first Indian Commander in Chief of the Indian Army — General (later Field Marshal) K.M.
Cariappa.
More about the news
- Cariappa, who led Indian forces to victory in the 1947 war, took over the command
of the Indian Army from General Sir FRR Bucher, the last British Commander-in-
Chief in 1949 and became the first Indian Commander-in-Chief of Independent India. - The Army Day Parade showcases the evolution of various weapon systems held in the
Indian Army’s inventory. Soldiers are also awarded with Gallantry awards and Sena
medals on the day.
Army Day 2023
- As part of an initiative to take major events to other parts of the country, away from
the national capital region, the 75th Army Day will be held in Bengaluru this year. - The rationale behind the move is to bring about increased visibility of these events and
secure greater engagement with the local population. - The parade on Army Day will begin with a wreath-laying ceremony by Chief of Army
Staff General Manoj Pande at Madras Engineer Centre War Memorial. Gen. Pande will
then review the Army Day parade. - COAS unit citations will also be awarded to units for their exceptional performance. The
Army Day parade will also be supported by a flypast of Army aviation Dhruv and
Rudra helicopters.
Army outreach programme
- To build a better bond with civilians, a run was organised in Hyderabad at Necklace
Road where around 1,000 people participated. - A blood donation camp was also organised in which 7,500 units of blood were
donated in both Hyderabad and Secunderabad at Military hospitals.
Theme for 2022
- The Indian Army’s theme for the event was “In Stride with the Future”.
- It was seen as an acknowledgement of the “increasingly critical role played by niche
and disruptive technologies in modern warfare”.
Indian cities stand on toxic air
Four years since the Centre launched the National Clean Air Campaign (NCAP), analysts
found that progress has been slow and pollution only incrementally reduced in most cities.
About NCAP
- The government launched the NCAP that committed funds as well as set targets for
131 of India’s most polluted cities. - The 131 cities are called non-attainment cities, as they did not meet the national
ambient air quality standards (NAAQS) for the period of 2011-15under the National
Air Quality Monitoring Programme (NAMP).
Target levels under it
- The country’s current, annual average prescribed limits for the two main classes of
particulate matter (PM2.5 and PM10) are 40 micrograms/per cubic metre (ug/m3) and
60 micrograms/per cubic metre. - The NCAP initially set a target of reducing key air pollutants PM10 and PM2.5 by
20-30% in 2024, taking the pollution levels in 2017 as the base year to improve upon. - In September 2022, however, the Centre moved the goalposts and set a new target of
a 40% reduction in particulate matter concentration, but by 2026.
How effective has the NCAP been?
- An analysis of the four-year performance of the NCAP by the Centre for Research on
Energy and Clean Air (CREA), found that only 38 of the 131 cities that were given
annual pollution reduction targets under agreements signed between State Pollution
Control Boards (SPCBs), Urban Local Bodies (ULBs) and the Centre managed to meet
the targets for FY21-22. - The CREA noted that 37 cities have completed the source apportionment studies (which
list out and quantify the major sources of pollution in a city). - The CREA estimates that India will need to install more than 300manual air quality
monitoring stations per year to reach the NCAP goal of 1,500 monitoring stations by - Only 180 stations have been installed over the last four years.
Has NCAP managed to reduce pollution?
- The NCAP Tracker, a joint project by two organisations active in air pollution-policy,
Climate Trends and Respirer Living Sciences, have been monitoring progress in
achieving the 2024 clean air targets set under the NCAP. - Among these cities, the national capital of Delhi ranked the most polluted in 2022,
with an annual average PM2.5 concentration of 99.71ug/m3. But Delhi’s PM2.5 levels
have improved by over 7% compared to 2019. - Most cities in the top 10 most polluted list of 2022 were from the Indo-Gangetic Plain.
- All three of Bihar’s non-attainment cities, Patna, Muzaffarpur and Gaya, now feature
in the top 10 most polluted cities on the basis of PM2.5 levels.
Clean Ganga Report: 26% Of STPs In UP Not Complying With Ministry’s standards
● Recently, a report by the National Mission for Clean Ganga (NMCG) indicated that 29
of the 111 operational sewage treatment plants in Uttar Pradesh were not following the
effluent discharge standards prescribed by the Union Ministry of Environment,
Forests, and Climate Change.
● The National Mission for Clean Ganga is responsible for the implementation of the
government’s Namami Ganga program.
What has the report revealed?
● The monthly report of progress made in Uttar Pradesh for the National Clean Ganga
Mission during September-October 2022 showed that 29 out of the 111 operational
sewage treatment plants were not complying with standards set by the MoEFCC.
● These 29 non-compliant STPs were responsible for 532.18 MLD or 15% of the total
sewage treatment capacity of the state (3,663.4 MLD).
● According to the report, the projected sewage generation in UP is 5500 MLD, meaning
a gap of 1,836.6 MLD in sewage treatment capacity.
● Of the 129 STPs, only 111 are operational further increasing the gap between waste
production and treatment capacity.
● The non-compliant plants include seven operated by the Uttar Pradesh Jal Nigam
(Rural), 22 under the Urban Development Department of the state, and other agencies.
● The seven non-compliant STPs of UPJN-Rural were situated along the main stem of the
Ganga and its tributaries in several districts, including Kanpur, Hapur, Mathura, and
Bulandshahr, and had a combined sewage treatment capacity of 188.5 MLD.
● The remaining 22 non-compliant STPs under UDD/others totaled 343.68 MLD and were
spread around the cities of Firozabad, Chitrakoot, Varanasi, Lucknow, Ghaziabad,
Meerut, Mathura, and Greater Noida.
What are the standards prescribed by the MoEFCC?
● As per the MoEFCC standards:
○ pH value, which measures how acidic/basic water is, should be 6.5-9.0.
○ BOD (Biochemical oxygen demand): Test to identify biological decomposable
substances, should be less than 20mg/l.
○ TSS (Total Suspended Solids): Waterborne particles that exceed 2 microns in
size, should be less than 50mg/l.
○ Fecal Coliform (FC) should be less than 1000 MPN (most probable
number)/100 ml.
Why is the report about UP significant?
● According to the NMCG, Uttarakhand and Uttar Pradesh house the largest portion of
Ganga’s drainage area at 294,364 km.
● Out of the 177 STP projects sanctioned under the Namami Gange plan, 59 are in UP, the
largest share among the states.
● UP has also received the maximum funding from the Namami Gange project of ₹4,481
crore out of a total of ₹11,707 crore.
● UP also hosted the first meeting of the National Ganga Council at Kanpur in 2019,
underlying the importance of UP’s contribution towards a Clean Ganga.
Namami Gange
● The Namami Gange Program is an integrated conservation mission that the Union
Government designated as a “Flagship Program” in 2014 to achieve the twin goals of
effective pollution reduction and, conservation and restoration of India’s National
River – the Ganga.
● The National Mission for Clean Ganga (NMCG), which is the implementation wing of
the National Ganga Council, and its state counterparts, State Program Management
Groups, implement the project.
● The Ministry of Jal Shakti’s Department of Water Resources, River Development,
and Ganga Rejuvenation are responsible for the overall operation of the Scheme.
● It consists of almost 288 projects with a Rs 20,000 crore centrally supported, non-
lapsable corpus.
● The main pillars of the programme are:
○ Sewage Treatment Infrastructure
○ River-Front Development
○ River-Surface Cleaning
○ Biodiversity
○ Afforestation
○ Public Awareness
○ Industrial Effluent Monitoring
○ Ganga Gram
Way Forward
● Steps like Monetization of sludge and treated water under the Arth Ganga that can
help people realize the economic potential of the river in addition to its cultural and
spiritual significance.
● To keep the Ganga clean, community-led initiatives and awareness-raising are
essential. It is important to foster a sense of shared ownership among Ganga basin
residents.
● To effect the desired change, targeted information campaigns must be organized.
● A “generation with a cleanliness conscience” will be produced as a result of educational
reforms focussed on hygiene and sanitation. This will ensure that the Ganga is protected
in the future.
● Public-Private partnerships and encouraging MNCs to utilize their CSR funds towards
the rejuvenation of the Ganga will contribute significantly to a cleaner river.
National Ganga Council
● In 2016, the National Ganga Council was established and is chaired by the Prime
Minister. It is a significant organization that is in charge of numerous government
initiatives for the Ganges River’s upkeep.
● It is also called The National Council for Rejuvenation, Protection, and Management of
River Ganga.
● The River Ganga (Rejuvenation, Protection, and Management) Authorities Order of
2016 authorized its formation.
● This Order establishes the National Ganga Council in place of the National Ganga
River Basin Authority.
● This Council is in charge of protecting the Ganga River Basin from pollution and
revitalizing it, including the Ganga River and its tributaries.
● The states that make up the Ganga River Basin are Uttar Pradesh, Himachal Pradesh,
Uttarakhand, Bihar, Madhya Pradesh, Chhattisgarh, West Bengal, Rajasthan, Haryana,
Jharkhand, and Delhi-NCR. Any additional states with significant Ganga tributaries are
also included in its scope of authority.
● The National Mission for Clean Ganga is primarily implemented by the National
Ganga Council.
Ganga
● The Ganga River System is made up of two rivers: the Bhagirathi and the Alaknanda.
● In terms of its importance as a drainage system and in terms of its cultural value, the
Ganga is by far the most significant river in India.
● It originates in the Uttarkashi district of Uttarakhand and is named after the Gangotri
glacier next to Gaumukh (3,900 m). In this region, the river is known as the Bhagirathi.
● The river is known as the Ganga after its union with the Alaknanda at Devprayag.
● The river’s major tributaries are:
○ Left: Ramganga, Garra, Gomti, Ghaghara, Gandak, Burhi Gandak, Koshi,
Mahanandaa
○ Right: Yamuna, Tamsa, Karamnasa, Sone, Punpun, Falgu, Kiul, Chandan,
Ajoy, Damodar, Rupnarayan