Daily Current Affairs - 30th April 2025
What’s wrong with using Pegasus for national security: SC
The Supreme Court of India, while hearing a case related to the alleged use of Pegasus spyware, questioned if there was anything wrong with the government using such surveillance tools against anti-national elements for security purposes.
Justice Surya Kant, leading the bench, stated that the issue was not the existence of spyware, but rather who it was used against. The court emphasized that while the right to privacy must be protected, national security cannot be compromised. The remarks came in response to concerns raised by petitioners, including journalist N. Ram, about whether the government had illegally used Pegasus to surveil private citizens.
What is Pegasus Spyware?
Overview:
- Pegasus is a military-grade spyware developed by the NSO Group, an Israeli cyber-intelligence company.
- It is classified as a “zero-click” spyware, meaning it can be installed on a device without any action by the target (like clicking a link).
- Once installed, Pegasus can access all data on the phone: messages, calls, emails, photos, GPS location, camera, and microphone.
Notable Revelations:
In 2021, a global investigation led by media organizations and Amnesty International revealed that Pegasus was allegedly used to surveil journalists, activists, politicians, and government officials across several countries, including India. Names of Indian journalists, opposition leaders, and activists were reportedly found on the list of potential targets.
Recently:
Meta’s Legal Action and Pegasus Usage
- In 2024, Meta filed a lawsuit against the NSO Group, alleging unauthorized use of Pegasus on WhatsApp.
- A U.S. court held NSO Group accountable, strengthening global scrutiny of commercial spyware.
- Investigations revealed that over 100 Indian citizens were targeted in a 2019 Pegasus campaign via WhatsApp.
Amnesty International Findings (2023)
- Amnesty International reported renewed Pegasus attacks targeting Indian journalists in 2023.
- The investigation raised concerns about continued unlawful surveillance of media professionals and civil society leaders.
Apple Security Alerts (2023)
- Apple sent alerts to several Indian journalists and politicians warning of possible state-sponsored spyware attacks on their iPhones.
- The Indian government questioned the credibility of these alerts and denied wrongdoing.
Issues with Pegasus Spyware
Legal and Constitutional Issues:
- No Legislative Sanction: No Indian law explicitly authorizes use of Pegasus or similar spyware.
- Violation of Fundamental Rights: Right to Privacy (Article 21): Secret surveillance without informed consent or oversight is unconstitutional.
- Chilling effect on free speech (Article 19): Due Process Violation: Absence of judicial or parliamentary oversight raises concerns.
Institutional Issues:
- Lack of Transparency: Government has not confirmed or denied the use of Pegasus, citing national security.
- No Accountability Mechanism: No independent oversight over surveillance activities.
- Undermines Democracy: Surveillance of opposition leaders, journalists, and civil society actors undermines democratic discourse.
International Concerns:
- Violation of international human rights norms (e.g., ICCPR – International Covenant on Civil and Political Rights).
- Calls for regulation of cyber weapons and spyware in international law.
Related Legal Provisions (Against Anti-Nationals)
Indian laws provide for action against acts considered harmful to the nation:
Unlawful Activities (Prevention) Act, 1967 (UAPA):
- Targets activities that support secession, terrorism, or threats to national integrity.
- Empowers the government to designate individuals or organizations as terrorists.
Indian Penal Code (IPC):
- Section 124A: Sedition – penalizes speech or actions that incite hatred or disaffection against the government (although currently under judicial review).
- Section 121: Waging war against the state.
- Section 153A & 295A: Promoting enmity between groups, and deliberate acts to insult religious beliefs.
National Security Act, 1980:
- Allows for preventive detention of individuals seen as threats to national security or public order.
Concerns in Usage:
- The term is vague and subjective, often misused to silence dissent or target critics.
- Conflating criticism of government policies with anti-nationalism undermines democratic values and freedom of expression.
Judicial Remedies and the Plastic Waste Crisis in India
Introduction: A Crisis Hidden in Plain Sight
Plastic Waste Management Rules, 2016 (amended recently in 2024):· Ban on plastic carry bags below 50 microns in thickness (increased to 75 microns till December 2022, and 120 microns thereafter). · Mandatory segregation of plastic waste at the source by waste generators. · Producers, importers, and brand owners are responsible for collecting back the equivalent quantity of plastic waste introduced in the market (EPR). · Rules extend to both urban and rural areas, with Gram Panchayats responsible for implementation in rural regions. |
India generates over 9.3 million tonnes of plastic waste annually, the highest in the world, as per a 2024 Nature study. This is nearly 20% of global plastic emissions. Yet, official Indian data suggests a much smaller problem — a contradiction too stark to ignore.
The reason?
Underreporting, incomplete data, and ineffective waste governance across urban and rural India. This discrepancy has serious implications — not only environmental but also constitutional — making the case for judicial intervention stronger than ever.
The Illusion of Control: A Data Deficit Problem
India’s official figures claim 95% waste collection coverage, but this is misleading. The data:
- Excludes rural areas, where Panchayati Raj Institutions (PRIs) govern but lack capacity.
- Ignores waste handled by informal workers.
- Fails to record open dumping or burning.
The Central Pollution Control Board (CPCB) depends on figures provided by municipal bodies and State Pollution Control Boards (SPCBs), but there is no standard methodology or independent verification. This leads to a severe mismatch between actual waste generation (estimated at 0.54 kg/capita/day) and reported figures (only 0.12 kg).
The Role of the Judiciary: Reclaiming Constitutional Environmentalism
Faced with regulatory paralysis, the Supreme Court of India has stepped in as the constitutional conscience keeper. In January 2024, it issued a powerful verdict regarding pollution from tanneries in Vellore, Tamil Nadu, invoking the tool of “continuing mandamus” — a mechanism through which the Court supervises compliance over time, not just once.
What does continuing mandamus mean?
Unlike a one-time direction, a continuing mandamus is a living order — the Court remains engaged until its instructions are fully implemented. This ensures:
- Accountability from government agencies
- Time-bound results
- Regular progress monitoring
Why This Matters for Waste Management?
In India, environmental regulations are often ambitious on paper but weak in implementation. Plans exist — the Solid Waste Management Rules, 2016, EPR Frameworks, Swachh Bharat Mission — but enforcement lags due to:
- Institutional apathy
- Data opacity
- Overburdened or under-capacitated local bodies
Here is where continuing mandamus becomes a remedy for regulatory inertia. It compels state and local authorities to act under judicial oversight, making policies enforceable, not optional.
The Polluter Pays Principle: Towards Real Accountability
The Court, in the same verdict, strongly reinforced the Polluter Pays Principle — holding polluters absolutely liable not just for harming the environment, but also for:
- Compensating affected individuals
- Paying for ecological restoration
Significantly, the Court stated that if individual polluters cannot be immediately identified, governments must pay compensation first and recover from the responsible parties later.
This shifts the burden from victims to the system — an important jurisprudential shift for environmental justice in India.
Bridging the Rural-Urban Divide: Local Bodies as the First Responders
Most waste management infrastructure — Material Recovery Facilities (MRFs), sanitary landfills, EPR kiosks — is concentrated in urban areas. However, rural India generates significant plastic waste too, and yet remains outside formal systems.
For comprehensive reform:
- Every local body, urban or rural, must be mandatorily linked to waste recovery infrastructure
- Extended Producer Responsibility (EPR) must be enforced by setting up kiosks and hiring waste segregators in all districts
- Digital tools like geo-tagging and real-time tracking should be deployed to monitor compliance
Constitutional Duties
Environmental protection is a constitutional mandate:
- Article 21: Right to a clean and healthy environment
- Article 48A: Duty of the State to protect the environment
- Article 243W: Assigns waste management to local self-government
By combining this legal mandate with technological innovation, India can transform waste from a liability to a resource.
Conclusion: Waste Management Needs Constitutional Enforcement, Not Just Policy Intent
India’s waste crisis cannot be solved by policies alone — it requires enforceable legal mechanisms, accurate data, and judicial oversight where governance fails.
The continuing mandamus doctrine offers a practical, constitutional path forward to:
- Monitor compliance
- Enforce accountability
- Safeguard environmental rights
Environmental justice is not optional. In a country where land, water, and air are choking under unmanaged waste, justice must not only be done, it must be ensured — persistently.
Revitalizing India’s Industrial Growth: Strategic Challenges and Policy Pathways
The industrial sector plays a crucial role in India’s economic framework, contributing significantly to GDP, employment, and exports. However, recent trends in the Index of Industrial Production (IIP) for fiscal 2025 highlight key challenges requiring immediate policy attention.
Declining Industrial Growth
India’s fiscal 2025 IIP growth stands at 4%, marking a four-year low. Contributing factors include:
- Global economic uncertainties affecting export performance.
- Lower-than-expected domestic consumption growth.
- A decline in private capital expenditure.
Mining output experienced a significant decline from 7.5% in FY24 to 2.9% in FY25. Manufacturing growth slowed to 4% (FY25) from 5.5% (FY24), and electricity production dropped from 7% (FY24) to 5.1% (FY25). The consumer non-durables sector reported a contraction of 1.6% in FY25, compared to 4.1% growth the previous year.
Contrasting Consumer Trends
While consumer durables grew by 8% in FY25, reflecting urban consumption recovery, rural demand remains subdued due to the lingering effects of high inflation and strained farm incomes. Retail inflation eased to a six-year low of 4.6%, but the impact on agricultural incomes persisted.
MSME Sector and Export Challenges
The flat growth in goods exports for FY25 raises concerns, particularly for the Micro, Small, and Medium Enterprises (MSMEs), which account for 45.8% of total exports. Despite their significant growth from ₹4 lakh crore in FY21 to ₹12 lakh crore in FY25, global trade uncertainties, especially strained relations with the U.S., have amplified challenges.
Policy Recommendations
- Boost Domestic Consumption: Fiscal incentives and subsidies targeting rural areas can improve disposable incomes and demand.
- Strengthen MSME Ecosystem:The Bilateral Trade Agreement under negotiation with the U.S. should prioritize MSME interests, ensuring market access and favorable terms.
- Encourage Private Investment:Measures such as streamlined credit access, tax reliefs, and targeted infrastructure development can revive private capital expenditure.
- Focus on Export Diversification:Policymakers must identify new markets and enhance the competitiveness of Indian goods in global markets.
Conclusion
The industrial sector’s recovery is pivotal for sustained economic growth. Strategic interventions in consumption, exports, and investment, particularly focusing on MSMEs, are essential to mitigate global challenges and ensure inclusive development.