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29th Aug 2021
HOW INDIA’S NEW DRONE RULES HAVE BEEN LIBERALIZED
Recently, the central government has notified the Drone Rules 2021, a much more liberalised regime for unmanned aircraft systems than what existed previously.
Key Changes to Drone Rules
- The total number of forms that were to be filled has been reduced from 25 to five.
- The total number of fees that are to be paid before being able to operate drones has been reduced from 72 to just four.
- The approvals which were required in earlier rules have been abolished. They are:
- Unique authorisation number,
- Unique prototype identification number,
- Certificate of manufacturing and airworthiness,
- Certificate of conformance,
- Certificate of maintenance,
- Import clearance,
- Acceptance of existing drones,
- Operator permit,
- Authorisation of R&D organisation,
- Student remote pilot licence,
- Remote pilot instructor authorisation, and
- Drone port authorisation
- The quantum of fees, which was earlier linked to the size of drone, has been reduced and delinked from the size.
- The Digital Sky platform will be developed as a single-window platform for the clearances that are required.
- An interactive airspace map will also be displayed on the platform that will show the three zones i.e. yellow, green and red.
- These zones have been demarcated to tell drone operators where they can and cannot fly their aircraft systems.
- The yellow zone, which was earlier a 45 km zone from the airport perimeter, has now been reduced to a 12 km zone, meaning that outside of a 12 km radius of an airport perimeter, it would be a green zone, where drone operators no longer need permission to fly.
- Earlier, prior to issuance of a registration or licence, a security clearance was necessary but now the government has done away with the need for this clearance.
- The foreign ownership has been allowed on the part of companies operating drones.
- The import of drones will continue to be regulated by the Directorate General of Foreign Trade.
- The coverage of these rules has been increased to cover drones up to 500 kg in weight from 300 kg earlier, thereby bringing drone taxis under the fray too.
- The liberalised regime for civilian drones mark a clear shift in policy by the government to allow operations of such drones.
- It highlights the government’s intent to allow the use of drones while at the same time ensuring security from rogue drones through the anti-rogue drone framework.
- The rules are based on the premise of trust and self-certification.
- It will tremendously help start-ups and our youth working in this sector and will open up new possibilities for innovation & business.
- It will help leverage India’s strengths in innovation, technology & engineering to make India a drone hub.
- It overlaps the E flank of the Mauna Loa shield volcano.
- It is located the southeastern-most volcano in Hawaii.
- Its East Rift Zone (ERZ)has been intermittently active for at least 2,000 years.
- It is the second-youngest product of the Hawaiian hotspot and the current eruptive center of the Hawaiian–Emperor seamount chain.
- It was created as the Pacific tectonic plate moved over the Hawaiian hotspot in the Earth's underlying mantle.
- The Hawaii Island volcanoes are the most recent evidence of this process that, over 70 million years, has created the 6,000 km (3,700 mi)-long Hawaiian–Emperor seamount chain.
- It is one of five subaerial volcanoes that make up the island of Hawaii, created by the Hawaiian hotspot.
- Kīlauea started as a submarine volcano, gradually building itself up through underwater eruptions of alkali basalt lava before emerging from the sea with a series of explosive eruptions.
- There are three types of volcanoes i.e. active, dormant or extinct.
- An eruption takes place when magma (a thick flowing substance), that is formed when the earth’s mantle melts, rises to the surface.
- As magma is lighter than rock, it is able to rise through vents and fissures on the surface of the earth.
- The molten magma is called Lava after eruption takes place.
- The explosiveness of volcano is dependent on the composition of magma which means:
- When the magma is runny and thin, gases can easily escape it and the magma will flow out towards the surface.
- If the magma is thick and dense and gases cannot escape it, it builds up pressure inside resulting in a violent explosion.
- But Hari Singh Nalwa, a legendary Sikh commander, tamed the turbulent forces at play in Afghanistan and earned the reputation of the most feared Sikh warrior there.
- He was one of the main and most trustworthy commanders of Maharaja Ranjit Singh’s force.
- He remained Governor of Kashmir, Hazara and Peshawar.
- He defeated various Afghans and established control over various regions along the boundary of Afghanistan and prevented Afghans from entering Punjab through Khyber Pass.
- Khyber Pass was the main route to enter India by the foreign invaders from 1000 AD till early 19th century.
- The government of India released a stamp on the name of Nalwa in 2013 for his bravery and ferocity.
- Born in 1791 in an Uppal family of Gujranwala (now in Pakistan), it is said that Nalwa was attached to his name when he had killed a tiger at a very young age.
- He was also called ‘Bagh Maar’ (killer of tiger) after an attack by a tiger on him during a hunting expedition.
- Hari Singh Nalwa participated in various battles against Afghans because of which Afghans lost their control over various Afghan-held territories.
- In 1807, at the age of 16, he participated in the Battle of Kasur(now in Pakistan) and defeated Afghani ruler Kutab-ud-din Khan.
- In the Battle of Attock (in 1813) Nalwa along with other commanders won against Azim Khan and his brother Dost Mohammad Khan, who fought on behalf of Shah Mahmud of Kabul.
- In 1818, Sikh army under Nalwa won the Battle of Peshawar and Nalwa asked to be stationed there.
- Nalwa took control over Jamrud in 1837, a fort at the entryway to Afghanistan through Khyber Pass.
- The historians said that in the Battle of Jamrud, where Hari Singh Nalwa had died, Dost Muhammad Khan along with his five sons participated against Sikh army.
- Hari Singh Nalwa, who was stationed at Peshawar at that time,marched towards Jamrud to save Sikh army which was surrounded by Dost Mohammad’s troops.
- The court observed that a person is entitled to protection from invasion of his/her privacy by strangers and anonymous callers on account of such publication/streaming/transmission of the suit videos by the defendants.
- The bench noted that a coordinate bench of the High Court has already held that “right to privacy” includes the right to be forgotten and the right to be left alone as “inherent aspects”.
- The Delhi high court has held that an individual has the “right to be forgotten” and “to be left alone” as facets of protection to their privacy.
- The court said that the “right to privacy” includes the right to be forgotten and the right to be left alone as “inherent aspects” when a person is being exhibited against his/her will.
- It falls under the purview of an individual’s right to privacy, which is governed by the Personal Data Protection Bill that is yet to be passed by Parliament.
- It goes in sync with the “Right to Privacy”, which is an integral part of Article 21 of the Constitution, which concerns the right to life.
- In 2017, the court said that the right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution.
- The Bill was introduced in Lok Sabha in 2019 and it aims to set out provisions meant for the protection of the personal data of individuals.
- Clause 20 under Chapter V of this draft bill titled “Rights of Data Principal” mentions the “Right to be Forgotten”.
- It states that the “data principal (the person to whom the data is related) shall have the right to restrict or prevent the continuing disclosure of his personal data by a data fiduciary”.
- Under the Right to be forgotten, users can de-link, limit, delete or correct the disclosure of their personal information held by data fiduciaries.
- A data fiduciary means any person, including the State, a company, any juristic entity or any individual who alone or in conjunction with others determines the purpose and means of processing of personal data.
- The sensitivity of the personal data and information cannot be determined independently by the person concerned, but will be overseen by the Data Protection Authority (DPA).
- The draft bill gives some provisions under which a data principal can seek that his data be removed, but his or her rights are subject to authorization by the Adjudicating Officer who works for the DPA.
- The Center for Internet and Society notes that the “right to be forgotten” gained prominence when the matter was referred to the Court of Justice of European Union (CJEC) in 2014 by a Spanish Court.
- In the European Union (EU), the right to be forgotten empowers individuals to ask organisations to delete their personal data.
- It is provided by the EU’s General Data Protection Regulation (GDPR), a law passed by the 28-member bloc in 2018.
- According to the EU GDPR’s website, the right to be forgotten appears in Recitals 65 and 66 and in Article 17 of the regulation, which states:
- The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay.
- The EU’s highest court ruled in 2019 that the ‘right to be forgotten’ under European law would not apply beyond the borders of EU member states.
- It is a multilateral war-gaming naval exercise that was started in 1992.
- It began as a bilateral exercise between the navies of India and the United States.
- Two more editions of the exercise were carried out in 1995 and 1996, after which there was a break until 2002 in the aftermath of India’s nuclear tests.
- The exercise has been conducted every year since 2002 and Japan and Australia first participated in 2007.
- Japan joined the naval exercise in 2015 as a permanent member, and Malabar became a trilateral exercise.
- Malabar, which began as a bilateral exercise, is now one of the cornerstones of military interoperability of the Quad forces.
- It aims to ensure freedom of navigation for all nations.
- It will witness complex exercises including anti-surface, anti-air, and anti-submarine warfare drills, and other manoeuvres and tactical exercises.
- It would further enhanced synergy and mutual understanding among the four navies in undertaking joint maritime security operations.
- It will strengthen the coordination between the navies of the participating countries.
- The INS Shivalik multirole frigate, the INS Kadmatt anti-submarine warfare corvette, and P8I long-range maritime patrol aircraft will be part of the exercise.
- The US Navy will be represented by the USS Barry, USNS Rappahannock, the USNS Big Horn, and P8A patrol aircraft.
- The Japanese Maritime Self Defence Force will be represented by the JS Kaga, JS Murasame, and JS Shiranui destroyers, in addition to a submarine and P1 patrol aircraft.
- The Royal Australian Navy will be represented by the HMAS Warramunga.
- The Supreme Court has stood firmly by its principle that economic criterion alone cannot be the sole basis for identifying a Backward Class member as “creamy layer” for nearly 3 decades.
- The State of Haryana has sought to determine ‘creamy layer’ from backward classes solely on the basis of economic criterion.
- The first notification identified as “creamy layer” Backward Class members whose gross annual income exceeded ₹6 lakh.
- It said Backward Class sections whose families earn less than ₹3 lakh would get priority over their counterparts who earn more than ₹3 lakh but less than ₹6 lakh.
- A Division Bench of the Supreme Court led by Justice L. Nageswara Rao did not swerve from the settled position when it quoted that “the basis of exclusion of creamy layer cannot be merely economic”.
- The Supreme Court struck down the notifications as a “flagrant violation” of the 2016 Act.
- It said Section 5 (2) of the Act required the State to consider social, economic and other factors together to identify and exclude Backward Class members as “creamy layer”.
- The Supreme Court then directed the Haryana government to issue a fresh notification within three months while considering the Indra Sawhney case and the criteria mentioned in Section 5(2) of the Act.
- The bench also clarified that admissions and appointments that have already been made on the basis of the notifications will not be disturbed.
- It is a concept that sets a threshold within which OBC reservation benefits are applicable.
- While there is a 27% quota for OBCs in government jobs and higher educational institutions, those falling within the “creamy layer” cannot get the benefits of this quota.
- Based on the recommendation of the Second Backward Classes Commission (Mandal Commission), the government 1990 had notified 27% reservation for Socially and Educationally Backward Classes (SEBCs) in vacancies in civil posts and services that are to be filled on direct recruitment.
- In 1992, the Supreme Court (Indira Sawhney case) upheld 27% reservation for OBCs, subject to exclusion of the creamy layer.
- “Creamy layer” is a term used for members of a backward class who have a higher educational and economic standing as compared to others in the group.
- Those identified in the “creamy layer” are not entitled to reservation in educational programmes and government jobs.
- An expert committee headed by Justice (retired) R N Prasad was constituted for fixing the criteria for determining the creamy layer.
- In 1993, the Department of Personnel and Training (DoPT) listed out various categories of people of certain rank/status/income whose children cannot avail benefit of OBC reservation.
- The current threshold is an income of Rs 8 lakh per year for those not in government.
- For children of government employees, the threshold is based on their parents’ rank and not income.
- The income from salaries or agriculture land is not clubbed while determining the creamy layer.
- Article 14 of the Constitution guarantees equality before law and equal protection of laws to everyone.
- Articles 16(1) and 16(2) assure citizens equality of opportunity in employment or appointment to any government office.
- Article 15(1) generally prohibits any discrimination against any citizen on the grounds of religion, caste, sex or place of birth.
- Articles 15(4) and 16(4) state that these equality provisions do not prevent the government from making special provisions in matters of admission to educational institutions or jobs in favour of backward classes, particularly the Scheduled Castes (SCs) and the Scheduled Tribes (STs).
- The Articles 16 (4) and 16 (4-A) empower the State to make reservation in matters of appointment and promotion in favour of the Scheduled Castes and Scheduled Tribes only “if in the opinion of the State they are not adequately represented in the services of the State”.
- Article 29(2) bars discrimination against any citizen with regard to admission to educational institutions maintained by the government or receiving aid out of government funds on grounds of religion, race, caste etc.
POSTED ON 29-08-2021 BY ADMIN
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