Daily Current Affairs for UPSC CSE
Topics Covered
- Amnesty report on Pegasus
- AB PM-JAY
- Polygraph Test
- India – Qatar Relationship
- Facts for Prelims
1 . Amnesty report on Pegasus
Context: The Washington Post and Amnesty International report claims that Pegasus spyware targeted journalists in India, including Siddharth Varadarajan of The Wire and Anand Mangnale of South Asia editor of the Organised Crime and Corruption Report Project (OCCRP).
Current Issue
- After Apple issued a security notification to certain iPhone users, including MPs, in October, researchers at Amnesty International’s Security Lab analysed the allegedly infected devices, including those belonging to Mr. Varadarajan and Mr. Mangnale.
- At the end of their examination, they reported finding traces of Pegasus’s activity on their respective devices. Security Lab concluded that a message to facilitate a “zero-click exploit” had been sent to Mr. Mangnale’s phone over his iPhone’s iMessage app on August 23.
- Once received, the message was designed to covertly install Pegasus on the device. “The attempted targeting of Anand Mangnale’s phone happened at a time when he was working on a story about an alleged stock manipulation by a large multinational conglomerate in India,” an Amnesty report stated.
About Pegasus
- Pegasus is a spyware developed by the Israeli cyber-arms company NSO Group that is designed to be covertly and remotely installed on mobile phones running iOS and Android.
- Pegasus operators were able to remotely install the spyware on iOS versions using a zero-click exploit.
- Pegasus works by sending an exploit link, and if the target user clicks on the link, the malware or the code that allows the surveillance is installed on the user’s phone.
- Once Pegasus is installed, the attacker has complete access to the target user’s phone. Pegasus does so by exploiting vulnerabilities in the phone’s operating system. Smartphones have operating systems (OS) much like the desktops and laptops we use.
What is a zero-click exploit?
- Pegasus delivers “a chain of zero-day exploits to penetrate security features on the phone and installs Pegasus without the user’s knowledge or permission”. A “zero-day exploit” is a completely unknown vulnerability, about which even the software manufacturer is not aware, and there is, thus, no patch or fix available for it.
- A zero-click exploit refers to malicious software that allows spyware to be installed on a device without the device owner’s consent. It doesn’t require the device owner to perform any actions to initiate or complete the installation.
- The specific exploit allegedly in use on the two devices is called BLASTPAST (previously identified as BLASTPASS). It plays out in two phases.
- In the first, the attack attempts to establish a link with the Apple HomeKit – which gives users a way to control multiple smart devices – on the target’s device.
- In the second, some malicious content is sent via the iMessage app to the target.
- According to Amnesty, the purpose of the first phase – the ‘outreach’ – could be to determine how the device can be exploited or to keep it in sight for further exploitation in the future. The second phase is the one that delivers the full spyware “payload”.
Android Version
- The Android version of Pegasus spyware is called Chrysaor Malware and was found on about three dozen devices in 2017 according to a blog by Google.
- The Android version of Pegasus installs as an application on your phone, and uses a known root technique called framaroot.
- Rooting an Android phone enables one to get privileged user (root) access, and thus allowing the spyware to monitor various activities.
What all Pegasus can do when installed
- Once the phone is exploited and Pegasus installed, it begins contacting the operator’s command and control servers to receive and execute operator commands, and send back the target’s private data, including passwords, contact lists, calendar events, text messages, and live voice calls from popular mobile messaging apps.
- The operator can even turn on the phone’s camera and microphone to capture activity in the phone’s vicinity.
How Pegasus exploited Whatsapp
- A missed call on the app was all that was needed to install the software on the device — no clicking on a misleading link was required.
- Pegasus had exploited the video/voice call function on the app, which had a zero-day security flaw. It did not matter if the target did not take the call — the flaw allowed for the malware to be installed anyway.
Pegasus Issue
- In the wake of the ‘Pegasus Project’ revelations, which is an international investigative journalism initiative that revealed governments’ espionage on journalists, opposition politicians, activists, business people and others using the private Pegasus spyware developed by the Israeli technology and cyber-arms company NSO Group, activists filed several petitions with the Supreme Court alleging a mass surveillance exercise by the government to muzzle free speech and democratic dissent.
- In response, the top court asked the Centre to file a detailed affidavit vis-a-vis its use of Pegasus.
- The Centre refused to comply, however, contending that such an public affidavit would compromise the country’s national security.
Legality of Snooping
- Communication surveillance in India takes place primarily under two laws — the Telegraph Act, 1885 and the Information Technology Act, 2000.
- While the Telegraph Act deals with interception of calls, the IT Act was enacted to deal with surveillance of all electronic communication, following the Supreme Court’s intervention in 1996.
Telegraph Act
- Under this law, the government can intercept calls only in certain situations — the interests of the sovereignty and integrity of India, the security of the state, friendly relations with foreign states or public order, or for preventing incitement to the commission of an offence. These are the same restrictions imposed on free speech under Article 19(2) of the Constitution.
- Significantly, even these restrictions can be imposed only when there is a condition precedent — the occurrence of any public emergency, or in the interest of public safety.
- Additionally, a proviso in Section 5(2) states that even this lawful interception cannot take place against journalists. “Provided that press messages intended to be published in India of correspondents accredited to the Central Government or a State Government shall not be intercepted or detained, unless their transmission has been prohibited under this sub-section.”
- The Supreme Court’s guidelines formed the basis of introducing Rule 419A in the Telegraph Rules in 2007 and later in the rules prescribed under the IT Act in 2009.
- Rule 419A states that a Secretary to the Government of India in the Ministry of Home Affairs can pass orders of interception in the case of Centre, and a secretary-level officer who is in-charge of the Home Department can issue such directives in the case of a state government.
- In unavoidable circumstances, Rule 419A adds, such orders may be made by an officer, not below the rank of a Joint Secretary to the Government of India, who has been duly authorised by the Union Home Secretary or the state Home Secretary.
Information Technology Act
- Section 69 of the Information Technology Act and the Information Technology (Procedure for Safeguards for Interception, Monitoring and Decryption of Information) Rules, 2009 were enacted to further the legal framework for electronic surveillance.
- Under the IT Act, all electronic transmission of data can be intercepted. So, for a Pegasus-like spyware to be used lawfully, the government would have to invoke both the IT Act and the Telegraph Act.
- Apart from the restrictions provided in Section 5(2) of the Telegraph Act and Article 19(2) of the Constitution, Section 69 the IT Act adds another aspect that makes it broader — interception, monitoring and decryption of digital information “for the investigation of an offence”.
- Significantly, it dispenses with the condition precedent set under the Telegraph Act that requires “the occurrence of public emergency of the interest of public safety” which widens the ambit of powers under the law.
R V Raveendran Committee:
- Supreme Court ordered a probe headed by former SC judge R V Raveendran to look into the allegations of unauthorised surveillance using the Israeli-built Pegasus spyware.
- The court has set seven terms of reference for the committee, which are essentially facts that need to be ascertained to decide the issue.
- These range from determining who procured Pegasus and whether the petitioners in the case were indeed targeted by use of the software, to what laws justify the use of such spyware against citizens.
- The court has also asked the committee to make recommendations on a legal and policy framework on cyber security to ensure the right to privacy of citizens is protected.
- The committee is expected to submit its report in eight weeks.
SC’s Verdict on the issue
- In a ruling on the Pegasus snooping case, a panel headed by Chief Justice of India N.V. Ramana emphasized that conducting surveillance to uncover terrorist activities is crucial for safeguarding the lives and freedoms of individuals.
- There may be circumstances where it becomes necessary to intrude into an individual’s privacy in order to obtain crucial information that is vital for preventing acts of violence and terrorism.
- However, the state can violate a person’s privacy only if it is “absolutely necessary” to protect national security and interests. The necessity to trespass on individual privacy should be proportional.
- It reiterated that the use of technology for surveillance by the State must be evidence-based.
2 . AB PM-JAY
Context: Women account for approximately 49% of the 28.45-crore Ayushman cards created and approximately 48% of total authorised hospital admissions, show data released by the Health Ministry.
About the news
- Currently, as per government figures, 55-crore individuals corresponding to 12-crore families are covered under the scheme and many States and Union Territories implementing AB PM-JAY have further expanded the beneficiary base at their own cost.
- Approximately 28.45 crore Ayushman cards have been created since the inception of the scheme, out of which approximately 9.38 crore have been created during 2023.
- A total of 6.11 crore hospital admissions amounting to ₹78,188 crore were authorised of which 1.7 crore hospitals admissions worth over ₹25,000 crore were authorised during 2023.
- It also has a total of 26,901 hospitals, including 11,813 private ones, that have been empanelled under the AB PM-JAY to provide healthcare services to scheme beneficiaries.
- As per the data on the Ayushman Arogya Mandir portal, till date, 55.66 crore screenings have been done for hypertension and 48.44 crore for diabetes.
- Ayushman Arogya Mandir has done 32.8-crore screenings for oral cancer, 14.9 crore for cervical cancer and over 10.04 crore for breast cancer.
Ayushman Bharat
- Ayushman Bharat, a flagship scheme of Government of India, was launched as recommended by the National Health Policy 2017, to achieve the vision of Universal Health Coverage (UHC). This initiative has been designed to meet Sustainable Development Goals (SDGs) and its underlining commitment, which is to “leave no one behind.”
- Ayushman Bharat is an attempt to move from sectoral and segmented approach of health service delivery to a comprehensive need-based health care service. This scheme aims to undertake path breaking interventions to holistically address the healthcare system (covering prevention, promotion and ambulatory care) at the primary, secondary and tertiary level. Ayushman Bharat adopts a continuum of care approach, comprising of two inter-related components, which are –
- Health and Wellness Centres (HWCs)
- Pradhan Mantri Jan Arogya Yojana (PM-JAY)
Health and Wellness Centers (HWCs)
- In February 2018, the Government of India announced the creation of 1,50,000 Health and Wellness Centres (HWCs) by transforming the existing Sub Centres and Primary Health Centres. These centres are to deliver Comprehensive Primary Health Care (CPHC) bringing healthcare closer to the homes of people. They cover both, maternal and child health services and non-communicable diseases, including free essential drugs and diagnostic services.
- Health and Wellness Centers are envisaged to deliver an expanded range of services to address the primary health care needs of the entire population in their area, expanding access, universality and equity close to the community. The emphasis of health promotion and prevention is designed to bring focus on keeping people healthy by engaging and empowering individuals and communities to choose healthy behaviours and make changes that reduce the risk of developing chronic diseases and morbidities.
Pradhan Mantri Jan Arogya Yojana (PM-JAY)
- The second component under Ayushman Bharat is the Pradhan Mantri Jan Arogya Yojna or PM-JAY as it is popularly known. This scheme was launched on 23rd September, 2018 in Ranchi, Jharkhand by the Prime Minister of India
- Ayushman Bharat PM-JAY is the largest health assurance scheme in the world which aims at providing a health cover of Rs. 5 lakhs per family per year for secondary and tertiary care hospitalization to over 12 crores poor and vulnerable families (approximately 55 crore beneficiaries) that form the bottom 40% of the Indian population.
- The households included are based on the deprivation and occupational criteria of Socio-Economic Caste Census 2011 (SECC 2011) for rural and urban areas respectively. PM-JAY was earlier known as the National Health Protection Scheme (NHPS) before being rechristened.
- It subsumed the then existing Rashtriya Swasthya Bima Yojana (RSBY) which had been launched in 2008. The coverage mentioned under PM-JAY, therefore, also includes families that were covered in RSBY but are not present in the SECC 2011 database.
- PM-JAY is fully funded by the Government and cost of implementation is shared between the Central and State Governments.
Key Features of PM-JAY
- PM-JAY is the world’s largest health insurance/ assurance scheme fully financed by the government.
- It provides a cover of Rs. 5 lakhs per family per year for secondary and tertiary care hospitalization across public and private empanelled hospitals in India.
- Over 12 crore poor and vulnerable entitled families (approximately 55 crore beneficiaries) are eligible for these benefits.
- PM-JAY provides cashless access to health care services for the beneficiary at the point of service, that is, the hospital.
- PM-JAY envisions to help mitigate catastrophic expenditure on medical treatment which pushes nearly 6 crore Indians into poverty each year.
- It covers up to 3 days of pre-hospitalization and 15 days post-hospitalization expenses such as diagnostics and medicines.
- There is no restriction on the family size, age or gender.
- All pre–existing conditions are covered from day one.
- Benefits of the scheme are portable across the country i.e. a beneficiary can visit any empanelled public or private hospital in India to avail cashless treatment.
- Services include approximately 1,929 procedures covering all the costs related to treatment, including but not limited to drugs, supplies, diagnostic services, physician’s fees, room charges, surgeon charges, OT and ICU charges etc.
- Public hospitals are reimbursed for the healthcare services at par with the private hospitals.
Benefit Cover Under PM-JAY
- Benefit cover under various Government-funded health insurance schemes in India have always been structured on an upper ceiling limit ranging from an annual cover of INR30,000 to INR3,00,000 per family across various States which created a fragmented system. PM-JAY provides cashless cover of up to INR5,00,000 to each eligible family per annum for listed secondary and tertiary care conditions. The cover under the scheme includes all expenses incurred on the following components of the treatment.
- Medical examination, treatment and consultation
- Pre-hospitalization
- Medicine and medical consumables
- Non-intensive and intensive care services
- Diagnostic and laboratory investigations
- Medical implantation services (where necessary)
- Accommodation benefits
- Food services
- Complications arising during treatment
- Post-hospitalization follow-up care up to 15 days.
3 . Polygraph Test
Context: Delhi Police moves court to conduct polygraph test on all accused in Parliament breach case.
About Polygraph test
- A polygraph test is based on the assumption that physiological responses that are triggered when a person is lying are different from what they would be otherwise.
- Instruments like cardio-cuffs or sensitive electrodes are attached to the person, and variables such as blood pressure, pulse, respiration, change in sweat gland activity, blood flow, etc., are measured as questions are put to them.
- A numerical value is assigned to each response to conclude whether the person is telling the truth, is deceiving, or is uncertain.
- The belief underpinning the use of the polygraph is that deceptive answers will produce physiological responses that can be differentiated from those associated with non-deceptive answers; however, there are no specific physiological reactions associated with lying, making it difficult to identify factors that separate those who are lying from those who are telling the truth.
What is the difference between Narco test and Polygraph test?
- Narco tests must not be confused with polygraph tests, which, although having the same truth-decoding motive, work differently.
- In a ‘narco’ or narco analysis test, a drug called sodium pentothal is injected into the body of the accused, which transports them to a hypnotic or sedated state in which their imagination is neutralised. In this hypnotic state, the accused is understood as being incapable of lying and is expected to divulge information that is true.
- A polygraph test is carried out on the assumption that physiological responses triggered when one is lying are different from what they otherwise would be. Rather than injecting drugs into the body, polygraph tests attach instruments like cardio-cuffs or sensitive electrodes to the suspect and measure variables such as blood pressure, pulse rate, respiration, change in sweat gland activity, blood flow, etc., while the suspect is being questioned.
2010 Supreme Court Ruling
- In the 2010 Supreme Court ruling in “Selvi & Ors vs State of Karnataka & Anr” (2010), a Bench of the then Chief Justice of India KG Balakrishnan, and Justices RV Raveendran and JM Panchal held that no lie detector tests should be administered “except on the basis of consent of the accused”.
- Those who volunteer must have access to a lawyer and have the physical, emotional, and legal implications of the test explained to them by the police and the lawyer, the Bench added.
- The court emphasised that the ‘Guidelines for the Administration of Polygraph Test on an Accused’, published by the National Human Rights Commission in 2000, must be strictly followed.
- Broadly, the guidelines say that such tests cannot be administered without the subject’s consent, which must be obtained before a Magistrate, and that the police cannot conduct them by themselves whenever they find it appropriate.
What was the legal position before the SC ruling?
- In 2006, the Madras High Court in Dinesh Dalmia v. State observed that since the accused did not come forward with the truth, the scientific tests resorted to by the investigating agency did not “amount to testimonial compulsion”.
- Similarly, in the 2008 Delhi High Court ruling in “Sh. Shailender Sharma vs State & Another,” the court said that considering the rising crimes against society, it is necessary to keep in mind the “need of a thorough and proper investigation as against individual rights while ensuring that constitutional rights are not infringed”.
- Adding that narco-analysis tests “do not suffer from any constitutional infirmity” and are a “step in aid of investigation”, the court allowed the administration of the test.
What is the evidentiary value of such tests?
- While the results of narco-analysis tests are not considered “confessions” since those in a drugged-induced state cannot exercise their choice in answering questions put to them, the Supreme Court, through its 2010 ruling, clarified that “any information or material that is subsequently discovered with the help of voluntary administered test results can be admitted, in accordance with Section 27 of the Evidence Act, 1872.”
- Thus, if an accused reveals the location of, say, a physical piece of evidence (something like a murder weapon) in the course of the narco test and the police later find that specific piece of evidence at that location, the statement of the accused will not be treated as evidence, but the physical evidence will be valid
Why it cant be done without the consent
- The Bench took into consideration international norms on human rights, the right to a fair trial, and the right against self-incrimination under Article 20(3) of the Constitution.
- Forcible intrusion into a person’s mental processes is also an affront to human dignity and liberty, often with grave and long-lasting consequences
- State’s argument that the use of such scientific techniques would reduce ‘third degree’ methods “is a circular line of reasoning since one form of improper behaviour is sought to be replaced by another”.
4 . India – Qatar Relationship
Context : In the first major breakthrough in the case against eight former Indian naval personnel sentenced to death in Qatar, the Court of Appeals in Doha has commuted their sentences, the Ministry of External Affairs confirmed on Thursday.
About the Case
- The Indian nationals, all employees of Doha-based Dahra Global, were taken into custody in August 2022. The charges against them were never made public by Qatari authorities. According to a report in UK daily Financial Times, they were charged with spying for Israel.
- On December 3, for the first time since the eight men were handed death sentences in October, the Indian Ambassador in Doha met them in prison. Before that, the Indian officials had got consular access.
- The appellate court there commuted the death sentence. The detailed order of the Qatar court is awaited, but the Government of India said that the sentences have been “reduced”.
- The commutation of the death sentence is the first legal win for New Delhi, almost a year-and-half after the detention and arrest of the former Indian Navy personnel in Qatar.
Historical background of India – Qatar Relationship
- Diplomatic relations between India and Qatar were established in 1973.
- During a visit made by Emir Tamim bin Hamad al-Thani in March 2015, five MoUs entailing co-operation in several fields were signed.
- An agreement on prisoner repatriation was made. According to this agreement, citizens of India or Qatar who are convicted and sentenced for a crime can be extradited to their native country to spend the remaining years of their prison sentence.
Diplomatic Visits
- Emir of Qatar Hamad bin Khalifa al Thani made diplomatic visits to India in April 1999, May 2005 and April 2012.
- In 2016 Prime Minister Narendra Modi arrived in Doha on a two-day visit which was focused on giving a new push to the economic ties, particularly in the hydrocarbon sector.
- During the visit he shared a meal with Indian workers living in Qatar and also addressed the NRIs at a gala event.
Military Relations
- Defence cooperation is an important pillar of our bilateral agenda. India offers training slots in its defence institutions to a number of partner countries, including Qatar.
- India regularly participates in the biennial Doha International Maritime Defence Exhibition and Conference (DIMDEX) in Qatar.
- Indian Naval and Coast Guard ships regularly visit Qatar as part of our bilateral cooperation and interaction. India-Qatar Defence Cooperation Agreement, signed during the PM’s visit to Qatar in November 2008, and further extended for a period of five years in November 2018
- Za’ir-Al-Bahr (Roar of the Sea) is a joint exercise between the Qatari Emiri Navy and the Indian Navy.
Economic Ties
- India’s total imports from Qatar in FY2022-23 were valued at $16.81 billion, of which LNG imports alone were worth $8.32 billion, or 49.5%, an analysis of official trade data shows.
- India’s other major imports from Qatar are also fossil fuel-linked commodities and products, such as liquefied petroleum gas (LPG), plastics, and other petrochemicals.
- On the other hand, India’s exports to Qatar were valued at just $1.97 billion in FY2022-23. The major exports include cereals, copper articles, iron and steel articles, vegetables, fruits, spices, and processed food products.
Diaspora
- Indian expats are the largest in numbers and make up around 25% of the Qatar population and approx population of Indians in Qatar as of 2023 is around 7.5 Lakh.
5 . Facts for Prelims
Vivad se Vishwas I Scheme
- Announced by Finance Minister Nirmala Sitharaman in the Union Budget 2023-24, Vivad Se Vishwas (VSVS) I scheme was aimed at providing relief to MSMEs unable to comply with central government contracts due to the pandemic.
- Launched on April 11, it covered all procurement contracts related to goods, services and works entered into by government departments.
Vivad se Vishwas II scheme
- The Vivad se Vishwas II (Contractual Disputes) scheme was announced in 2023-24 Budget for settlement of pending disputes related to government contracts. Under the scheme, contractors would be offered settlement amounts depending on the status of a dispute.
- As per the scheme announced by the Department of Expenditure, in cases of disputes where court or arbitral order has been passed, the settlement amount would be 85 per cent or 65 per cent of the amount awarded by the court or the arbitral tribunal respectively.
- The scheme would commence from July 15, 2023, and claims can be submitted by October 31, 2023.
Financial Intelligence Unit – India (FIU- IND)
- Financial Intelligence Unit – India was set by the Government of India 18th November 2004 as the central national agency responsible for receiving, processing, analyzing and disseminating information relating to suspect financial transactions.
- FIU-IND is also responsible for coordinating and strengthening efforts of national and international intelligence, investigation and enforcement agencies in pursuing the global efforts against money laundering and related crimes.
- FIU-IND is an independent body reporting directly to the Economic Intelligence Council (EIC) headed by the finance minister.
The functions of FIU-IND are:
- Collection of Information: FIU-IND is the nodal agency for receiving the following reports from various reporting entities.
- Cash Transaction reports (CTRs)
- Non-Profit Organisation Transaction Reports (NTRs)
- Cross Border Wire Transfer Reports (CBWTRs)
- Reports on Purchase or Sale of Immovable Property (IPRs)
- Suspicious Transaction Reports (STRs)
- Analysis of Information: to uncover patterns of transactions suggesting suspicion of money laundering and related crimes.
- Sharing of Information: with national intelligence/law enforcement agencies, national regulatory authorities and foreign Financial Intelligence Units.
- Act as Central Repository: to maintain the national data base on the basis of reports received from reporting entities.
- Coordination: Coordinate and strengthen collection and sharing of financial intelligence through an effective national, regional and global network to combat money laundering and related crimes.
- Research and Analysis: Monitor and identify strategic key areas on money laundering trends, typologies and developments.
- Punitive Action: The agency can also take punitive action for violations of the PMLA.