Telecom Bill 2023 (GS Paper 2, Governance)
Why in news?
- Recently, the Telecommunications Bill, 2023 was introduced in the Lok Sabha by Union minister for Communications, Electronics & Information Technology Ashwini Vaishnaw.
What is the Telecommunications Bill, 2023?
- The Telecommunications Bill, 2023 amends and consolidates the laws relating to “development, expansion and operation of telecommunication services and telecommunication networks; assignment of spectrum; and for matters connected therewith”.
- The new Bill seeks to replace the Indian Telegraph Act, 1885, the Indian Wireless Telegraphy Act, 1933, and the Telegraph Wires (Unlawful Possession) Act, 1950.
- The nature of telecommunication, its usage and underlying technologies have undergone massive changes, especially in the past decade. Therefore, there is a need for enacting a legislation for telecom sector that serves the needs of our society.
Key Highlights:
Authorisation for telecom-related activities:
- Prior authorisation from the central government will be required to: (i) provide telecommunication services, (ii) establish, operate, maintain, or expand telecommunications networks, or (iii) possess radio equipment.
- Existing licences will continue to be valid for the period of their grant, or for five years, where the period is not specified.
Assignment of spectrum:
- Spectrum will be assigned by auction, except for specified uses, where it will be allocated on an administrative basis.
- These include purposes such as: (i) national security and defence, (ii) disaster management, (iii) weather forecasting, (iv)transport, (v) satellite services such as DTH and satellite telephony, and (vi) BSNL, MTNL, and public broadcasting services.
- The central government may re-purpose or re-assign any frequency range. The central government may permit sharing, trading, leasing, and surrender of spectrum.
Powers of interception and search:
- Messages or a class of messages between two or more persons may be intercepted, monitored, or blocked on certain grounds.
- Such actions must be necessary or expedient in the interest of public safety or public emergency, and must be in the interest of specified grounds which include: (i) security of the state, (ii) prevention of incitement of offences, or (iii) public order. Telecom services may be suspended on similar grounds.
- The government may take temporary possession of any telecom infrastructure, network, or services on occurrence of any public emergency or public safety.
- An officer authorised by the government may search premises or vehicles for possession of unauthorised telecom network or equipment.
Offences and penalties:
- The Bill specifies various criminal and civil offences. Providing telecom services without authorisation, or gaining unauthorised access to a telecom network or data, are punishable with imprisonment up to three years, a fine up to two crore rupees, or both.
- Breaching terms and conditions of authorisation is punishable with a civil penalty up to five crore rupees.
- Possessing unauthorised equipment, or using unauthorised network or service, is punishable with a penalty of up to ten lakh rupees.
Other provisions:
- Appointments to TRAI: The Bill amends the TRAI Act to also allow individuals with: (i) at least 30 years of professional experience to serve as the chairperson, and (ii) at least 25 years of professional experience to serve as members.
- Digital Bharat Nidhi: The Universal Service Obligation Fund has been established under the 1885 Act to provide for telecom services in underserved areas. The Bill retains this provision, renames the fund as Digital Bharat Nidhi, and also allows its use for research and development.
- Adjudication process: The central government will appoint an adjudicating officer to conduct inquiries and pass orders against civil offences under the Bill. The officer must be of the rank of joint secretary and above.
Why has a survey been approved at the Shahi Idgah?
(GS Paper 1, Culture)
Why in news?
- The Shahi Idgah, a three-domed mosque, in Mathura will be surveyed following the decision of the Allahabad High Court.
- It permitted an application seeking appointment of a court commission to inspect the Shahi Idgah mosque that stands adjacent to the Krishna Janmabhoomi temple in Mathura.
Details:
- The order of inspection of the Shahi Idgah was pronounced by Justice Mayank Kumar Jain who maintained that “during the execution of the commission, the sanctity of the campus can be directed to be maintained strictly.”
- The plea for a survey was filed on behalf of the Hindu deity, Shri Krishna and seven others, who in their original suit pending before this court claimed that the mosque was built over the birthplace of Shri Krishna on the orders of Mughal emperor Aurangzeb in 1670.
- Since the Babri Masjid judgment in 2019, nine cases related to the Shri Krishna Janmabhoomi and Shahi Idgah Masjid, have been filed in the Mathura court.
- Earlier in May 2023, the Allahabad High Court transferred to itself all the suits pending before the Mathura Court on various reliefs pertaining to the Sri Krishna Janmabhoomi-Shahi Idgah Mosque dispute.
What does the Masjid maintain?
- The lawyers of the U.P. Sunni Central Waqf Board and the Shahi Idgah Masjid Committee contended in the High Court that “the Shahi Idgah Masjid does not fall within the ambit of 13.37 acres land at Katra Keshav Dev” and that the “place of birth of Lord Krishna does not lie beneath the Mosque.
- The claim of plaintiffs is based on guess work and is not substantiated by any documentary evidence.”
- When the Committee of Management Trust of the Shahi Idgah Masjid approached the Supreme Court for a stay on the survey, the apex court did not provide any relief.
What does Places of Worship Act say?
- Even as the modalities of the survey are being worked out, the mosque committee maintains that the Places of Worship (Special Provisions) Act, 1991 prohibits changing the character of any place of worship as it existed on August 15, 1947.
- In 2020, Lucknow-based Vishwa Bhadra Pujari Purohit Mahasangh had filed a petition in the Supreme Court to declare Section 4 of the 1991 Act ultra vires, saying that “the impugned Act has barred the right and remedy against encroachment made on religious property of Hindus exercising might of power by followers of another faith.”
- In the M. Siddiq versus Suresh Das case, popularly called the Babri Masjid-Ramjanmabhoomi verdict, the apex court had held that the Places of Worship Act, imposed a non-derogable obligation towards enforcing our commitment to secularism, under the Constitution.
What is the history of the land?
- The survey has been ordered as the Hindu representatives demand complete ownership of the premises where the Keshava Deva temple was destroyed on the orders of Mughal emperor Aurangzeb in 1670.
- The temple had been built in 1618 during the reign of Aurangzeb’s grandfather Jahangir by Bir Singh Bundela. The temple had been patronised by Aurangzeb’s brother and rival for the Mughal throne, Dara Shukoh.
- Later, in 1815, Raja Patni Mal of Benaras bought the 13.77 acre-land from the East India Company. His descendants sold the land to Jugal Kishore Birla for ₹13,400, who then set up the Shri Krishna Janmabhoomi Trust.
- It acquired ownership rights over the temple and in 1951, the 13.77 acre-land was placed in the trust, with the condition that the “trust property will never be sold or pledged.”
- In 1968, an agreement was signed between the Sri Krishna Janmasthan Seva Sangh and the Shahi Idgah Masjid Trust. As part of the settlement, the temple authority had conceded a portion of the land to the Idgah. Now, the temple petitioners want possession of the entire parcel of the land.
What does COP-28 mean for cities?
(GS Paper 3, Environment)
Why in news?
- The 28th Conference of Parties (COP-28) in Dubai has been described by some as being a mixed bag.
- A few ambitious delegates described it as the “beginning of the end of an era of fossil fuels”. This was an important COP owing to the Global Stock Taking (GST) over the Paris climate deals of keeping global temperatures below 1.5 degree Celsius and reducing greenhouse gas (GHG) emissions.
- Likewise, the Loss and Damage Fund was also cleared. The focus was therefore, on both mitigation and adaptation strategies.
What was discussed about cities?
- When the United Nations Framework Convention on Climate Change (UNFCC) initiated the COP in 1995, 44% of people lived in cities. Currently, 55% of the global population is urban and this is expected to reach 68% by 2050.
- The urban world today consumes nearly 75% of primary energy and is responsible for roughly 70% of CO2 (76% of total GHG) emissions. Hence, the desired results of the Paris commitments are not possible without addressing urban issues.
- At 2023 COP, there was a special day dedicated to a ministerial meeting on urbanisation and climate change. This meeting convened Ministers of housing, urban development, environment finance, and other portfolios; local and regional leaders, financial institutions, non-government organisations; and other stakeholders.
- Such moves forced some of the city representatives and Civil Society Organisations (CSOs), to raise their voice and emphasise on the principle “nothing for us without us”. This lays down the fundamental point of redefining the financial and governance architecture of COPs.
- City representatives have been arguing for multi-level green deal governance and for revising the governance and regulation of energy and climate action. Likewise, some European city groups have been staunchly advocating for direct actions in cities.
Role of subnational governments:
- Rafal Trzaskowski, ENVE chair and Mayor of Warsaw, leading member of the mayor’s delegation for COP-28, argued for formally recognising the role of subnational governments in global climate change negotiations, accelerating and scaling up climate action by working across all levels of governance and sectors, and providing direct financing and technical assistance to cities and regions.
- This will require an ‘out of the box’ imagination as it would mean transgressing the authorities of federal governments.
- The moot point is that cities and regions are key actors in driving climate ambition forward and in creating green jobs, reducing air pollution, and improving human health and well-being. The efforts of city governments should be formally recognised in COP decision documents.
What can be done in the Global South?
- The cities of the Global South are far more vulnerable than their western counterparts. The city leaders are hardly empowered, the major employment is in the informal sector, adaptation is key as most cities are vulnerable to climate induced disasters and the pent up drive to attract investments to cities has further widened the gap between the rich and the poor.
- In most countries, and in India particularly, 40% of the urban population live in slums. Pollution is a major contributor in reducing life expectancies and social and economic inequities are quite inherent in their systems.
- So, to ensure fair participation in climate action plans and to claim loss and damage compensation, etc., there has to be a radical shift in the processes governing the cities.
- One of the ways of achieving progress, even if that is too little, can be through creating a climate atlas of these cities, mapping them and identifying hotspots. Here, a major support system from existing financial architecture including the outcome of COPs is required.
- During the preparation of Nationally Determined Contributions (NDCs) and National Adaptation Plans, cities find themselves excluded from the process of climate action plans.
- There is hardly any representation of city leaders and civil society groups in this process. Hence, reclaiming space at COPs and during the run up to them in respective countries should happen parallelly.
Way Forward:
- Some cities like Chennai are spearheading their climate action plan and have decided to meet their zero emission targets by 2050, even before the Indian national government’s stipulated time period of 2070.
- Though this may sound too ambitious, it qualifies the point that cities are at the forefront in reclaiming spaces in meeting climate action plans and hence should get a fair share in planning both mitigation and adaptive strategies.
- COP-28 may have been a damp squib as many say, however, it has brought to fore the crucial question of acknowledging the interconnections, interdependencies and interconnectedness of climate action, social justice and the role of the urban world.
