Higher Education Financing Agency (HEFA)

Context: The Cabinet Committee on Economic Affairs chaired by Prime Minister Shri Narendra Modi has approved the proposal for expanding the scope of Higher Education Financing Agency (HEFA) by enhancing its capital base to Rs. 10,000 crore and tasking it to mobilise Rs. 1,00,000 crore for Revitalizing Infrastructure and Systems in Education (RISE) by 2022.

HEFA

• HEFA has been set up on 31st May 2017 by the Central Government as a Non ­Profit, Non Banking Financing Company (NBFC) for mobilising extra-budgetary resources for building crucial infrastructure in the higher educational institutions under Central Govt.
• In the existing arrangement, the entire principle portion is repaid by the institution over ten years, and the interest portion is serviced by the Government by providing additional grants to the institution. So far, funding proposals worth Rs. 2,016 crore have been approved by the HEFA.

RISE

• RISE scheme was announced in Union Budget 2017-18. It aims to lend low-cost funds to government higher educational institutions.
• Under RISE, all centrally-funded institutes (CFIs), including central universities, IITs, IIMs, NITs and IISERs, can borrow from a Rs 1,00,000 crore corpus over the next four years to expand and build new infrastructure.
• The initiative aims to step up investments in research and related infrastructure in premier educational institutions, including health institutions.

DNA Technology (Use and Application) Regulation Bill, 2018

Context: The Union Cabinet chaired by Prime Minister Shri Narendra Modi has approved The DNA Technology (Use and Application) Regulation Bill 2018.

Details

Objective

The primary intended purpose for enactment of “The DNA Technology (Use and Application) Regulation Bill” is for expanding the application of DNA-based forensic technologies to support and strengthen the justice delivery system of the country.

Salient features of bill

• The Bill seeks to set up two new institutions — a DNA Profiling Board and a DNA Data Bank. The Board, with 11 members, is supposed to be the regulatory authority that will grant accreditation to DNA laboratories and lay down guidelines, standards and procedures for their functioning.
• It will advise central and state governments on “all issues relating to DNA laboratories”. It will also be the authority to make recommendations on ethical and human rights, including privacy, issues related to DNA testing.
• A national databank of DNA profiles is proposed to be set up, along with regional databanks in every state, or one for two or more states, as required. The new draft does not specify the location of the national databank.
• All regional DNA databanks will be mandated to share their information with the national databank.
• Certain DNA Profiling Board-accredited labs would be authorised to carry out DNA testing and analysis.
• The databanks will maintain five sets of databases — for DNA samples picked up from crime scenes, for suspects or undertrials, and for offenders, missing persons, and unidentified dead bodies.
• The draft has introduced a new provision that explicitly prohibits the collection of any “bodily substance” from an arrested individual (for the purposes of a DNA test) without his/her consent, except if the individual is arrested for certain specific offences. However, if the consent “is refused without good cause”, and a magistrate is satisfied of the need for a DNA test, he/she can order the arrested person to give a sample.
• Samples picked up from a crime scene, belonging to those who are not offenders or suspects, would not be matched with the databases. Such DNA profiles would have to be expunged from the records on a written request from the individual concerned.
• The new Bill has also removed a provision that allowed DNA profiles in the databank to be used for creation and maintenance of population statistics databank.

Benefits

• The utility of DNA based technologies for solving crimes, and to identify missing persons, is well recognized across the world.
• By providing for the mandatory accreditation and regulation of DNA laboratories, the Bill seeks to ensure that with the proposed expanded use of this technology in the country, there is also the assurance that the DNA test results are reliable and the data remain protected from misuse or abuse in terms of the privacy rights of our citizens.
• Speedier justice delivery.
• Increased conviction rate.
• Bill’s provisions will enable the cross-matching between persons who have been reported missing on the one hand and unidentified dead bodies found in various parts of the country on the other, and also for establishing the identity of victims in mass disasters.

Objection

• The main issue is whether DNA technology is foolproof, and whether the proposed law adequately addresses the possibility of abuse.
• It has been argued that although DNA technology is the best method available to carry out this kind of identification, it is still probabilistic in nature. There are chances, however remote, that a wrong match is generated. If the DNA result is taken as the ultimate evidence, no recourse will be available to an individual who has been wrongly matched.
• More frequently asserted are the privacy-related objections. Questions such as whose DNA can be collected and under what circumstances, whether the consent of the individual is required, who can access the database, to what uses the DNA information can be put apart from identifying an individual, and the circumstances under which a record can be deleted, have been raised repeatedly.
• It has been pointed out that information like ancestry or susceptibility to a disease, or other genetic traits, is liable to be misused. It has also been argued that DNA tests have not led to an improvement in conviction rates in countries where it is already being followed.

Punishment

While the penalty for misuse of data remains a prison term of up to three years and a fine up to Rs 1 lakh, a reference to a minimum prison term of one month has been removed.

Background

• Forensic DNA profiling is of proven value in solving cases involving offences that are categorized as affecting the human body (such as murder, rape, human trafficking, or grievous hurt), and those against property (including theft, burglary, and dacoity).
• The aggregate incidence of such crimes in the country, as per the statistics of the National Crime Records Bureau (NCRB) for 2016, is in excess of 3 lakhs per year.
• Of these, only a very small proportion is being subjected to DNA testing at present. It is expected that the expanded use of this technology in these categories of cases would result not only in speedier justice delivery but also in increased conviction rates, which at present is only around 30% (NCRB Statistics for 2016).

Common Services Centers

Context: CSC SPV, a Special Purpose Vehicle under the Ministry of Electronics & IT, has entered into agreement with HDFC Bank to enable its three lakh Village Level Entrepreneurs (VLEs) managing the Common Services Centers operate  as Banking Correspondents of HDFC Bank.

Benefits

• Under the agreement, VLEs of CSC will work as Banking Correspondent of HDFC Bank and support the Government initiative to promote financial inclusion and make banking services more accessible in rural areas.
• This agreement is expected to be a game changer as it would significantly contribute to Government’s objectives of enabling Direct Benefit Transfer (DBT) of various schemes.
• Women, senior citizens and persons with disability will especially get benefitted through this initiative. This will facilitate withdrawal and deposit of government entitlements such as payments under MGNREGA as well as various social welfare schemes like widow pension, handicapped and old age pension, etc.
• The HDFC BC (CSC) under this arrangement will also function as Business Facilitator (BF). This is a unique facility being extended through CSC by HDFC. This will help and support the citizens, especially merchants, youth, entrepreneurs, farmers and women avail loan facility from the Bank to support in their economic uplift.

Digi Gaon

• Apart from this, HDFC Bank will support CSC SPV in converting 1000 identified villages into Digi Gaon (Digital Villages) within this financial year.
• CSC SPV is implementing Digi Gaon initiative in rural and remote villages of the country, with the mandate of the Ministry of Electronics & IT, where citizens can avail various online services of the central and State government.
• In the pilot project, CSC SPV has adopted six villages in the country.

Objective

The Digi Gaons are positioned to promote rural entrepreneurship and building rural capacities and livelihoods through community participation and collective action for engendering social change through a bottom-up approach with key focus on the rural citizen.

Stree Swabhiman

Under its’ commitment to enhancing women’s health and hygiene, HDFC Bank will also support CSC SPV by funding Stree Swabhiman Sanitary Napkin Manufacturing Units.

Objective

CSC SPV, through its initiative ‘Stree Swabhiman’ is striving to create a sustainable model for providing affordable and accessible sanitary products close to the homes of adolescent girls and women in rural areas. So far 204 sanitary pad manufacturing units have become operational across the country.

The Common Service Center (CSC) Scheme is an integral part of “Digital India” initiative of Ministry of Electronics and Information Technology (MeitY), Government of India. Currently, close to three lakh VLEs are operational across the country, of which 2.10 lakh are at Gram Panchayat level.

WIPO Copyright Treaty, 1996 and WIPO Performance and Phonograms Treaty, 1996

Context: Cabinet approves accession to WIPO Copyright Treaty, 1996 and WIPO Performance and Phonograms Treaty, 1996 .

• The Union Cabinet chaired by Prime Minister Shri Narendra Modi has approved the proposal submitted by Department of Industrial Policy and Promotion, Ministry of Commerce and Industry regarding accession to the WIPO Copyright Treaty and WIPO Performers and Phonograms Treaty which extends coverage of copyright to the internet and digital environment.
• The approval is a step towards the objective laid in the National Intellectual Property Rights (IPR) Policy adopted by the Government on 12thMay 2016 which aims to get value for IPRs through commercialization by providing guidance and support to EPR owners about commercial opportunities of e-commerce through Internet and mobile platforms.

Benefits

• Meeting the demand of the copyright industries, these treaties will help India
• To enable creative right-holders enjoy the fruit of their labour, through international copyright system that can be used to secure a return on the investment made in producing and distributing creative works;
• To facilitate international protection of domestic rights holder by providing them level-playing field in other countries as India already extends protection to foreign works through the International Copyright order and these treaties will enable Indian right holders to get reciprocal protection abroad;
• To instil confidence and distribute creative works in digital environment with return on investment; and
• To spur business growth and contribute to the development of a vibrant creative economy and cultural landscape.

Background

Copyright Act, 1957

• After the administration of Copyright Act 1957 was transferred to DIPP in March 2016, a study was initiated to examine compatibility of Copyright Act 1957 with WCT and WPPT. Also a joint study was undertaken with WIPO.
• The Copyright Act, 1957 was amended in 2012 to bring it in conformity, with WCT and WPPT, includes amendment in definition of “Communication to the public” to make it applicable to digital environment (Section 2(ff)) as also introduced provisions related to Technological • Protection Measures (Section 65A) & Rights Management Information (Section 65B); Moral rights of performers (Section 38B); Exclusive rights of the performers (Section 38A); safe harbour provisions over electronic medium (Section 52 (1) (b) and (c))

WIPO Copyright Treaty

• WIPO Copyright Treaty came in force on March 6, 2002 and has been adopted by 96 contracting parties till date and is A Special agreement under Berne Convention (for protection of literary and artistic works).
• It has provisions to extend the protection of copyrights contained therein to the digital environment. Further it recognises the rights specific to digital environment, of making work available, to address “on-demand” and other interactive modes of access.

WIPO Performances and Phonograms Treaty

WIPO Performances and Phonograms Treaty came in force on May 20, 2002 and has 96 contracting parties as its members. WPPT deals with rights of two kinds of beneficiaries, particularly in digital environment –

• Performers (actors, singers, musicians etc.)
• Producers of Phonograms (Sound recordings). The treaty empowers right owners in theit negotiations with new digital platforms and distributors. It recognizes moral rights of the performers for the first time & provides exclusive economic rights to them.

Both the treaties provide framework for creators and right owners to use technical tools to protect their works and safeguard information about their use i.e. Protection of Technological Protection Measures (TPMs) and Rights Management Information (RMI).