MAINS DAILY QUESTIONS & MODEL ANSWERS
Q1. Examine the “Right to Be Forgotten” in the context of the Indian legal framework. How does it align with the Right to Privacy, and what are the potential challenges in its implementation under the Digital Personal Data Protection Act, 2023?
GS II – Government Policies and Interventions
Introduction:
- The “Right to Be Forgotten” (RTBF) refers to the right of individuals to have their personal information removed from public access, especially from the internet, when it is no longer relevant or necessary. In India, this concept has gained prominence following the Supreme Court’s recognition of the Right to Privacy as a fundamental right under Article 21 of the Indian Constitution.
RTBF in the Indian Legal Framework:
- Derived from Right to Privacy: While the RTBF is not explicitly mentioned in the Constitution, it is derived from the Right to Privacy, as affirmed in the Justice K.S. Puttaswamy v. Union of India (2017) case. The Supreme Court recognized privacy as an intrinsic part of the right to life and personal liberty under Article 21.
- Digital Personal Data Protection Act, 2023: The recently enacted Digital Personal Data Protection Act, 2023, includes provisions that allow individuals to request the deletion of their personal data from data controllers, which aligns with the RTBF. However, this right is not absolute and is subject to certain conditions and exceptions.
Alignment with the Right to Privacy:
- Balancing Privacy and Public Interest: The RTBF is closely linked to the Right to Privacy, as it empowers individuals to control their personal information. However, it must be balanced against the public’s right to information and freedom of expression. For instance, information of public importance or historical significance may not be subject to erasure.
- Judicial Interpretation: Indian courts have begun to explore the contours of the RTBF in cases like Subhranshu Rout v. State of Odisha (2020), where the Orissa High Court discussed the need to remove online information detrimental to an individual’s dignity. However, the absence of comprehensive guidelines often leads to judicial discretion in such cases.
Challenges in Implementation:
- Ambiguity and Scope: The RTBF under the Digital Personal Data Protection Act, 2023, is still evolving, and there is ambiguity regarding its scope, particularly concerning what constitutes “irrelevant” or “outdated” information.
- Conflict with Freedom of Expression: Implementing the RTBF could potentially conflict with the right to freedom of speech and expression, especially when it comes to information that is in the public interest.
- Technical and Practical Issues: Removing information from the internet is a complex process, especially when data is replicated across multiple platforms. Ensuring comprehensive deletion and preventing re-uploading are significant challenges.
- Global Context: While the European Union’s General Data Protection Regulation (GDPR) offers a robust framework for RTBF, India’s legal framework is still developing, and there are challenges in harmonizing Indian laws with global standards.
- Conclusion:
- The “Right to Be Forgotten” in India is an emerging legal concept that aligns with the Right to Privacy. However, its successful implementation requires clear guidelines, balancing privacy with public interest, and addressing technical challenges. As India moves forward, the Digital Personal Data Protection Act, 2023, must evolve to provide a robust framework for protecting individuals’ privacy while ensuring transparency and accountability.
Q2. Discuss the implications of the One Health Approach for managing zoonotic diseases in India and suggest measures to enhance its implementation.
GS II – Health related issues
Introduction:
- The One Health Approach is a collaborative effort that aims to achieve optimal health outcomes by recognizing the interconnectedness of people, animals, plants, and their shared environment. It is particularly relevant in managing zoonotic diseases, which are infections that are transmitted between animals and humans. India, with its diverse wildlife, high population density, and significant livestock sector, is vulnerable to zoonotic diseases such as rabies, avian influenza, and Nipah virus. The One Health Approach offers a holistic framework for managing these diseases by integrating human, animal, and environmental health.
Implications of the One Health Approach:
- Improved Disease Surveillance and Control: The One Health Approach facilitates the early detection of zoonotic diseases by integrating animal and human health surveillance systems. This leads to more timely interventions and reduces the risk of disease outbreaks.
- Enhanced Collaboration Across Sectors: By promoting collaboration among health professionals, veterinarians, environmental scientists, and policymakers, the One Health Approach helps in addressing the multifaceted challenges of zoonotic diseases. This collaboration is crucial for comprehensive disease management.
- Prevention of Emerging Zoonoses: The approach emphasizes understanding the ecological and environmental factors contributing to disease emergence, thereby aiding in the prevention of new zoonotic diseases. This is particularly important in the context of climate change and habitat destruction, which can increase human-wildlife interactions and the risk of disease spillover.
- Strengthening Health Systems: Implementing the One Health Approach in India can strengthen the overall health system by promoting cross-disciplinary training and resource sharing. This leads to better-prepared health professionals and more resilient health infrastructures.
- Economic Benefits: Managing zoonotic diseases effectively through the One Health Approach can reduce the economic burden of disease outbreaks on the health system, agriculture, and livelihoods. It also minimizes the impact on international trade and tourism.
Challenges in Implementing the One Health Approach in India:
- Lack of Coordination: There is often a lack of coordination between the various ministries and departments responsible for human, animal, and environmental health. This can lead to fragmented efforts in managing zoonotic diseases.
- Limited Awareness and Training: The concept of One Health is still relatively new in India, and there is a need for greater awareness and training among professionals across different sectors.
- Resource Constraints: Implementing the One Health Approach requires significant resources, including financial investment, infrastructure, and skilled personnel. These resources are often limited, particularly in rural and underserved areas.
- Data Sharing and Integration: Effective implementation of the One Health Approach requires robust data-sharing mechanisms and integrated information systems across sectors. However, data fragmentation and privacy concerns can hinder this process.
Measures to Enhance the Implementation of the One Health Approach:
- Policy Integration: Develop and implement a comprehensive national One Health policy that integrates human, animal, and environmental health. This policy should promote intersectoral collaboration and outline clear roles and responsibilities for all stakeholders.
- Capacity Building: Invest in training programs for health professionals, veterinarians, and environmental scientists to promote interdisciplinary skills and knowledge. This includes incorporating One Health principles into medical, veterinary, and environmental education curricula.
- Strengthening Surveillance Systems: Establish integrated disease surveillance systems that monitor zoonotic diseases in both human and animal populations. This includes enhancing laboratory capacity and data-sharing platforms.
- Promoting Research and Innovation: Encourage research on zoonotic diseases and their environmental determinants, with a focus on developing innovative solutions for disease prevention and control. This includes funding research initiatives and fostering collaboration between academic institutions and government agencies.
- Community Engagement: Raise awareness among communities about the importance of the One Health Approach in preventing zoonotic diseases. This includes promoting safe animal handling practices, vaccination campaigns, and public health education.
Conclusion:
- The One Health Approach is critical for managing zoonotic diseases in India, given the country’s unique challenges and vulnerabilities. By fostering collaboration across sectors and strengthening health systems, India can effectively prevent and control zoonotic diseases, thereby safeguarding public health, animal health, and environmental sustainability. To realize the full potential of the One Health Approach, it is essential to address the challenges of coordination, resource allocation, and capacity building, ensuring that this approach becomes an integral part of India’s health and governance framework.
