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Q61-Q65: In the case of Tips Industries v. Wynk Music has sparked a widespread discussion over Section 31D of the Copyright Act 1957, which provides a scheme for “statutory licensing”. The section was introduced to remedy the challenges faced by the radio and television industry and sought to ensure appropriate returns to the owners of the copyrighted work and easy access of protected material to broadcasters. The requesting party can directly obtain the licence through a unilateral notice informing the copyright owner and paying the royalty rates specified by the Intellectual Property Appellate Board (IPAB). Interestingly, the section was introduced in 2012 when internet broadcasting was prevalent but failed to make any references to the same. New music streaming services, such as Spotify, now find themselves in similar shoes as FM operators. However, India possesses no guidelines to regulate the manner in which licences are to be obtained by online streaming services, and it is mostly left to voluntary arrangements which open the door for exploitative agreements and allows setting of unreasonable licensing conditions, leading to loss of consumer welfare by affecting accessibility. This, including the fact that streaming services are now key players in the music industry, presents a strong case for introducing a statutory licensing scheme exclusively for these which are now obtained under 31D. The Bombay High Court was faced with the question of whether online streaming services could claim under the scheme of 31D. The court held that 31D is an “expropriatory legislation” i.e., an exception to the principles of copyright, and therefore, needs to be read strictly. Additionally, since it was enacted for meeting a specific public-policy objective of protecting radio and television broadcasting companies, its ambit cannot be extended beyond the legislative intent to also include online streaming services. In response to this judgment, the Copyright Rules 2013 were hastily sought to be amended to make the statutory licensing scheme applicable to online broadcasting organisations. The proposed amendment would replace the words “by way of radio broadcast or television broadcast” with the more broadly worded “for each mode of broadcast” in the relevant rules. However, no similar amendment has been proposed to the Copyright Act itself. Q61. As per the passage, what is the reason behind the widespread discussion over Section 31D of The Copyrights Act? a. To assess whether Section 31D deals with statutory licencing b. To determine to requirements for statutory licencing c. To establish whether the scope of Section 31D extends to online streaming services d. To assess whether Section 31D is applicable to radios and television industry or not Q62. As per the passage, how can a party obtain a licence under the Copyrights Act? a. By giving a notice to the copyright owner b. By paying a royalty to the copyright owner c. Both 1 & 2 d. None of above
Q63. As per the passage, what is the cause of the discussion regarding the statutory licencing? a. The Copyrights Act was the first legislation in respect of the Intellectual Property Rights b. Section 31D has taken into account radio and television industries c. The rights of the copyright holder have been violated by not introducing statutory licencing d. Section 31D was introduced in the year 2012, at a time when internet broadcasting was in existence, yet the amendment failed to take it into consideration Q64. What was the purpose of introducing Section 31D into the Copyrights Act? a. To protect the radio and television broadcasting companies b. To solve the ongoing dispute between the radio and television industry c. To introduce a security of a royalty for the copyright owners d. To include the online streaming services into the ambit of Section 31D Q65. Which of the following views can be attributed to the author? a. The government has failed to recognise the needs of the developing internet broadcasting sector b. By including the online streaming broadcasting in the ambit of Section 31D, the radio and television industries would be hampered c. India possesses no guidelines to regulate the manner in which licences are to be obtained by online streaming services d. Copyright holders have been highly exploited due to the lack of regulations in the Copyrights Act. Directions for questions 66-70: Read the passage below and answer the questions that follow: Passage 1 In order to be successful in an action for tort, the plaintiff has to prove that there has been a legal damage caused to him. In other words, it has got to be proved that there was a wrongful act—an act or omission— causing breach of a legal duty or the violation of a legal right vested in the plaintiff. Unless there has been violation of a legal right, there can be no action under law of torts. If there has been violation of a legal right, the same is actionable whether, as a consequence thereof, the plaintiff has suffered any loss or not. This is expressed by the maxim “injuria sine damno”. When there has been injuria or the violation of a legal right and the same has not been coupled with a damnum or harm to the plaintiff, the plaintiff can still go to the court of law because no violation of a legal right should go unredressed. In “injuria sine damno” cases, there is no need to prove that as a consequence of an act, the plaintiff has suffered any harm. For a successful action, the only thing which has to be proved is that the plaintiff's legal right has been violated, i.e., there is injuria. damno, the loss suffered by the plaintiff is not relevant for the purpose of a cause of action. It may be relevant only as regards the measure of damages. If the defendants have a reasonable justification to such violation of any legal right, such
b) Lata’s father is not liable as his act protected Lata from further torture by Ramesh. c) Ramesh is liable for cruelty and torture caused to Lata every day. d) Lata’s father is liable to pay compensation as Ramesh’s legal right was violated.
- It is a right of a husband and wife to live in peaceful co-existence in India with each other’s consent. Ramesh got married to Lata on 3rd November 2017. Later, in the same year, Ramesh got married to Daya without divorcing Lata. On a complaint filed by Daya’s father, the police arrests Ramesh from his house for the offence of bigamy. Ramesh seeks compensation from the police. Which of these options is the most appropriate answer? a) Ramesh will get compensation as his right to peaceful co-existence was violated. b) Ramesh will not get any compensation. c) Ramesh will not get any compensation as he did not suffer any damage. d) It cannot be determined.
- Heisenberg built a brick wall surrounding his farmland near the river. As a result of this wall, the rainwater flowed to the plaintiff’s land and the plaintiff’s land got filled up with rainwater. The plaintiff sues Heisenberg for causing damage to his crops on his land. Decide whether the defendant will be held liable? a) Heisenberg will be held liable as his act caused damage to plaintiff’s land and violated his right to peaceful enjoyment of land. b) Heisenberg will not be held liable as he did not violate any right of the plaintiff. c) Heisenberg will be held liable as he did not take good care while building his wall. d) Heisenberg will not be held liable as there was no damage caused to the plaintiff. Passage (Q.64-Q.69): The concept of ‘natural law’ is one of the most fundamental and influential ideas in jurisprudence. It refers to the idea that there is a higher law or moral order that transcends human-made laws and norms and that governs the conduct and affairs of human beings. Natural law theorists believe that natural law is derived from reason, nature, or divine revelation and that it provides the basis for human rights, justice, and morality. They also believe that natural law is universal, objective, and binding on all human beings, regardless of their time, place, or culture. When we study the concept of natural law, we will encounter many principles that have been developed and debated by various thinkers and schools of thought throughout history. Now, let us look into some of the basic principles of natural law that have been proposed by different natural law theorists. • The principle of rationality: This principle states that natural law is based on human reason, which can discover the universal and immutable truths about human nature and morality. This principle was advocated by classical thinkers like Plato, Aristotle,
and Cicero, who believed that reason, was a gift from God or a reflection of the divine logos. It was also supported by modern thinkers like Thomas Aquinas, John Locke, and Immanuel Kant, who argued that reason was a natural faculty that enabled human beings to discern their natural rights and duties, and to act according to the categorical imperative or the law of nature. The principle of naturalism: This principle states that natural law is based on the observation of nature, which reveals the order and harmony of creation and the natural rights and duties of human beings. This principle was supported by ancient Stoics, who viewed nature as a rational and providential cosmos that endowed human beings with a natural law that was in accordance with their nature. It was also endorsed by medieval scholastics, who integrated Aristotelian philosophy with Christian theology, and by Enlightenment philosophers like Hugo Grotius, Samuel Pufendorf, and Jean-Jacques Rousseau, who asserted that natural law was a social contract that derived from the state of nature or the natural condition of human beings. The principle of theonomy: This principle states that natural law is based on the revelation of God, who is the source and judge of all laws and morals. This principle was espoused by biblical scholars, Christian theologians, and Islamic jurists, who claimed that natural law was a reflection or manifestation of God’s will or commandments. They maintained that natural law was revealed through scriptures, prophets, or messengers, and that it was superior to human laws or customs. They also held that natural law was a guide or criterion for evaluating the validity or morality of human laws or actions. [An Overview of the Natural School of Law, Lakshay Kumar, https://blog.ipleaders.in/natural-school-of- law , accessed on July 7, 2023.]
- During a criminal trial, Kelly, a judge, sentences a defendant guilty of murder to death.. She intentionally applies the law of the land, that prescribes capital punishment for such an offence. Kelly’s intention behind this act is to uphold justice and deterrence and to respect the sovereignty of the state. In the given situation, does Kelly’s action potentially conform to the principle of theonomy in natural law theory? (a) No, Kelly’s action does not conform to the principle of theonomy in natural law theory, as she does not act according to the revelation of God, who is the source and judge of all laws and morals. (b) Yes, Kelly’s action potentially conforms to the principle of theonomy in natural law theory as she acts according to the revelation of God, who is the source and judge of all laws and morals. (c) No, Kelly’s action does not conform to the principle of theonomy in natural law theory, as she acts according to human reason or nature, which are not sufficient sources of natural law. (d) Yes, Kelly’s action potentially conforms to the principle of theonomy in natural law theory as she acts according to human reason or nature, which are reflections or manifestations of God’s will or commandments.
- Jack, a scientist, during a research project, discovers a new vaccine that can cure a deadly disease. He intentionally publishes his findings and shares his data with the scientific community and the public. Jack’s intention behind this act is to contribute to the advancement of knowledge and to benefit
(a) Yes, Harry’s action does not conform to the principle of theonomy in natural law theory as he does not act according to the revelation of God, who is the source and judge of all laws and morals. (b) Yes, Harry’s action potentially conforms to the principle of theonomy in natural law theory, as he acts according to the revelation of God, who is the source and judge of all laws and morals. (c) No, Harry’s action does not conform to the principle of theonomy in natural law theory. (d) Yes, Harry’s action potentially conforms to the principle of theonomy in natural law theory, as he acts according to human reason or nature, which are reflections or manifestations of God’s will or commandments.
- Emma, a journalist, during a civil war, exposes the atrocities committed by the government forces against the rebels and civilians. She intentionally publishes a series of articles and photographs that document human rights violations and war crimes. Emma’s intention behind this act is to inform the public and the international community about the truth and to demand justice and accountability. In the given situation, does Emma’s action potentially conform to the principle of theonomy in natural law theory? (a) No, Emma’s action does not conform to the principle of theonomy in natural law theory, as she does not act according to the revelation of God, who is the source and judge of all laws and morals. (b) Yes, Emma’s action potentially conforms to the principle of theonomy in natural law theory, as she acts according to the revelation of God, who is the source and judge of all laws and morals. (c) No, Emma’s action does not conform to the principle of theonomy in natural law theory, as she acts according to human reason or nature, which are not sufficient sources of natural law. (d) Yes, Emma’s action potentially conforms to the principle of theonomy in natural law theory, as she acts according to human reason or nature, which are reflections or manifestations of God’s will or commandments.
- Carol, a doctor, during a medical emergency, performs a life-saving surgery on a patient without obtaining his consent. She intentionally acts in the best interest of the patient, who is unconscious and has no relatives or friends present. Carol’s intention behind this act is to save the patient’s life and prevent any harm or injury. In the given situation, does Carol’s action potentially conform to the principle of rationality in natural law theory? (a) Yes, Carol’s action potentially conforms to the principle of rationality in natural law theory, as she acts according to the universal and immutable truth that human life is valuable and sacred. (b) No, Carol’s action does not conform to the principle of rationality in natural law theory, as she violates the patient’s autonomy and right to consent or refuse medical treatment. (c) Yes, Carol’s action potentially conforms to the principle of rationality in natural law theory.
(d) No, Carol’s action does not conform to the principle of rationality in natural law theory, as she acts according to her own subjective judgment and not according to reason. Who can initiate the CIRP It is necessary to understand that if any default is committed by a corporate debtor (person who has taken the loan or the amount from a creditor or bank), the CIRP process can be initiated by means of filing an application before the Adjudicating Authority in the provided manner. It is also ideal to note that CIRP can be initiated by a financial creditor as well and there is no bar on the same. Thus, CIRP may be initiated by either: 1. Financial creditor (FC) under Section 7. 2. An operational creditor (OC) under Section 9. 3. A corporate applicant of a corporate debtor under Section 10 of the Code. Consequences of initiation of CIRP There are generally two consequences that can follow the initiation of CIRP, namely: 1. Revival of the corporate debtor, or 2. Liquidation. It is noteworthy to mention that the underlying purpose of the Code of 2016 is to go with the first consequence that is a revival of corporate debtors. Only when the same is not in favour, liquidation is called for. Revival can further lead to a restructuring of the existing set-up or a new plan of ownership that needs to be implemented. Stages in the CIRP process CIRP has a three-stage process: Pre-admission Process(Sections 3 to 11) A person who can apply to NCLT to initiate the CIRP process Under Section 7 as Financial Creditor “FCs”, in Section 9 as an Operational Creditor “OCs”, or in Section 10 as a Corporate Debtor “CDs”. Post-Admission Process (Sections 12 to 32A) After an application to NCLT, it is their discretion whether to accept or reject an application. The whole process of CIRP process should be completed within 180 Days from the date of admission an application extension is allowed for 90 days only one extension is allowed by NCLT However, CIRP should be completed within a period of a maximum of 330 days from the date the insolvency commencement date Otherwise, the Company would go into the Liquidation process as per Sections 33 to 54. Liquidation Stage (Sections 33 to 42 and Sections 52 to 54) If the resolution plan fails for a company, such a company would go into the liquidation process. The trigger point for the initiation of the CIRP is when the default amount is more than one crore rupees (10,000,000), earlier it was just one lakh rupees (1,00,000). Financial creditors, operational creditors, or corporate debtors apply to recover their debts before the adjudicating authority i.e. NCLT (National Company Law Tribunal). NCLT within 14 days of receipt of an application passes an order to accept or In case reject the application by giving notice to the applicant to rectify the default within 7 days from receipt of notice from the NCLT. 24 On acceptance of an application that date will be called the insolvency Commencement Date. By acceptance of an application as per Section 14 of IBC. The moratorium period will start with, the appointment of an Interim Resolution Professional by an Adjudicating Authority after that Public Announcement by an Interim Resolution Professional in Form A of IBBI. Who are the main stakeholders in IBC There are Four Main Stakeholders: 1. Interim Resolution Professionals (IRP)/ Resolution Professionals (RP). 2. Committee of Creditors (COC). 3. Resolution Applicant (RA). 4. National Company Law Tribunal (NCLT). [Extracted with edits and revisions from Corporate insolvency resolution process under IBC, https://blog.ipleaders.in/corporate-insolvency- resolution-process-underibc/#:~:text=The%20whole%20process%20of%20CIRP,insolvency %20commencement%20d ate%20Otherwise%2C%20the ]
D) NO, TradeLine Corp cannot initiate the CIRP process because they have outstanding payments to suppliers.
- FirmCom, a corporate debtor, has recently defaulted on a debt amounting to 1.5 crore rupees. A financial creditor, MoneyBank, has submitted an application to initiate the CIRP process with the National Company Law Tribunal (NCLT). A week after the submission, MoneyBank received a notice from NCLT requiring it to rectify the default within seven days. In this context, consider the following statements: A) YES, the application from MoneyBank was rejected by the NCLT because the default amount was above 1 crore rupees. B) NO, the application from MoneyBank was not rejected by the NCLT as the default amount is more than 1 crore rupees which is above the trigger point for initiation of the CIRP. C) YES, the application from MoneyBank was accepted by NCLT but requires MoneyBank to rectify the default before proceeding. D) NO, NCLT can ask MoneyBank to rectify the default because it is not the debtor in this situation.
- Skyline Enterprises has been facing financial difficulties for the past few years, and its default amount has surpassed 1 crore rupees. The financial creditors, MoneyBank and WealthTrust, have decided to initiate the CIRP against Skyline Enterprises and submitted their application to the National Company Law Tribunal (NCLT). At the same time, Skyline Enterprises' operational creditors have expressed their interest in being part of the process. Amidst this, an interested investor, BrightInvest, has also approached Skyline Enterprises with a proposal to invest and revive the company. Given the fact situation, can the operational creditors and BrightInvest be recognized as part of the Committee of Creditors (COC) in the CIRP of Skyline Enterprises? A) YES, operational creditors and BrightInvest can be part of the COC because they are stakeholders in the financial situation of Skyline Enterprises. B) NO, operational creditors and BrightInvest cannot be part of the COC because only financial creditors can form the COC. C) YES, only operational creditors can be part of the COC because they have direct operational liabilities with Skyline Enterprises. D) NO, only BrightInvest can be part of the COC because they are proposing a revival plan for Skyline Enterprises. Passage (Q.74-Q.78): Vicarious liability as a concept of law has been with us since the development of the traditional doctrine of tort law relating to the liability of employers for the acts committed by his employee within the course of his employment. Increasingly, criminal law became an important site for the imposition of vicarious liability. Whether a company can be held criminally liable for the actions of its
employees where the law creating the relevant offence is silent on this question? Recently, in Iridium India Telecom ltd. versus Motorola Inc., Motorola sold a technology product to Iridium that was accompanied by assertions and promises by Motorola that allegedly turned out to be false. Iridium bought a cheating case against Motorola. The case was brought not against Motorola’s employees but against Motorola itself. Under IPC, cheating requires an intention to deceive. Motorola argued that a corporate body, being an artificial person, is not capable of a mental state and therefore cannot be held criminally liable. The Supreme Court rejected this argument after it considered the modern approach to the problem of corporate criminal liability in the English Courts. Of particular relevance to this discussion is the Supreme Court’s reference to the House of Lords decision in Tesco Supermarkets Ltd. versus Nattrass, where it was held that, in absence of a specific statutory or common law exception, the principle of corporate criminal liability was not based on the vicarious liability of employer for the acts of its agents and employees. Instead, it was based on the concept of attribution. A company cannot think and act on its own as it is a juristic personality. It thinks and acts through its employees. In other words, the mental state and action of its employees are attributed to the company. This is a legal Fiction but a necessary legal fiction in order for separate legal personality of the company to sustain itself over a period of time. Otherwise, the company would not be able to sign contracts, acquire property, negotiate with business partners, sue and be sued and make public disclosures and statements. [Source- Prof Nigam Nuggehali, “Vicarious Criminal Liability for the Corporate Officers in India: Problems and Prospects” Jamia Law Review (2015)”]
- Shyam works in ABC Corp Ltd., a multinational company engaged in the production of preserved food. He works at the post of Assistant Manager, production and is responsible for assuring the quality of preserved food manufactured. Due to gross negligence, there was a faulty batch of 100 cupcakes, which were supplied to a school. After eating those cupcakes, 80 students fell seriously ill. A case under the Food Security Act was brought by the school authorities against ABC Corp ltd. As per Sec 18 of this Act, “for negligent food manufacturing and packaging, the company and its officers shall be jointly and severally liable with imprisonment and fine”. Decide the liability in light of principle developed in Tesco Supermarkets Ltd. (a) As per the principle of Attribution, ABC Corp Ltd. shall be liable for the criminal acts of its employee. (b) As per the principle of Attribution, ABC Corp Ltd. shall not be liable as negligence is not a criminal act. (c) As per the principle of Attribution, ABC Corp Ltd. shall not be liable as Assistant Manager is not an employee. (d) None of the above.
- Shantanu and Wasim are directors of Folly Chemicals Ltd, a company. In order to expand their business, there was a dire necessity of funds. To make quick money, Shantanu and Wasim entered into a deal with Sooraj Chemicals Ltd., by forging its documents. However, this fraud was unearthed by Sooraj Chemicals Ltd. later on. Sooraj Chemicals Ltd., brought a fraud case against Shantanu and Wasim
(b) The case will not be maintainable since the Principle of Attribution will not be applicable (c) The case will be maintainable under Vicarious Liability as evasion of tax is not a criminal liability (d) The case will not be maintainable since Radhe did not have any criminal intention while evading tax. The consumer rights are enumerated as objects of Consumer Councils under Section 6 of the CP Act,
- The same was shifted and inserted under definition clauses, i.e., Section 2(9) of the CP Act, 2019. For the very first time, consumer rights are recognized as legal rights as it was specified in a statutory enactment i.e., the Consumer Protection Act. Right to Safety According to Section 2(9)(ii) of the CP Act, 2019, a legal right is given to every consumer to be protected from those goods and services that endanger life and property. Here, it is also pertinent to note that every product and service brought by consumers should not only serve their present requirements but also their long-term interests. It should be kept in mind that the right to safety not only ensures the standard and quality of a good at the moment of purchase but also after the purchase of the said good. This conveys that the products sold by sellers should satisfy consumers’ long-term expectations regarding their safety. Therefore, consumers have the right to demand both product quality and the guarantee of the goods and services before making any purchase. And, services are not an exception, even services rendered by service providers should ensure that they would not harm the health of consumers. Right to be informed 26 According to Section 2(9)(ii) of the CP Act, 2019, every consumer is conferred with a right to be informed concerning all aspects of goods, products, or services, such as quality, quantity, potency, purity, standard, and price, as the case may be. This right is given to consumers to protect them from unfair trade practices. Additionally, this right was made an integral part of Articles 19 and 21 by various judicial pronouncements. In addition to this, according to Section 2(47)(vii) of the CP Act, 2019, ‘unfair trade practices’ are defined as when a trader or service provider fails to give a receipt for the products sold or service offered. This provision was included in the new Act since it is the consumer’s right to be informed about the cost of the goods or services they are buying or hiring. The other use is that a valid receipt would also provide the consumer with documentary evidence that he bought the product or used the service from the specific trader or service provider, which he might use in Consumer Commission proceedings. Right to choose The right to choose, which is provided under Section 2(9)(iii) of the CP Act, 2019, refers to the right to be guaranteed access to a wide range of goods and services that are of good quality and at reasonable prices wherever possible, especially in the case of monopoly kind of market economy. The right to basic and essential goods and services is also included in the ambit of the right to choose. This is because the majority may not receive its fair share if the freedom of choice of the minority is unlimited. Right to be heard The right to be heard is provided under Section 2(9)(iv) of the CP Act, 2019. With the enforcement of this right, the interests of the consumer will be adequately and fairly taken into account in relevant forums. It also involves the right to be represented in a variety of forums that are established to look out for the welfare of consumers by hearing their concerns. Above all, the right to be heard is also one of the principles of natural justice. Every person, including consumers, should be given a chance to present his or her claims and prove the damage he or she suffered before appropriate commissions which are empowered by the said Act. Right to seek redressal This right, which was given under Section 2(9)(v) of the CP Act, 2019, gives a consumer an opportunity to file a complaint against unfair trade practices or the unscrupulous exploitation of consumers by product sellers or service
providers. It also involves the right to a proper resolution of the consumer’s complaints and grievances. Aggrieved consumers who have genuine complaints have the right to lodge a complaint before appropriate courts and seek redress for the loss suffered by him or them. Redressal is the logical step after complaints are heard and a resolution is reached. [Extracted with edits and revisions from Consumer Protection Laws in India, https://blog.ipleaders.in/consumer-protection-laws-inindia/#:~:text=According%20to%20Section %202(9,as%20the%20case%20may%20be. ]
- Jane, an elderly woman, bought a brand new vacuum cleaner from a well-known company, but it stopped working within a week of purchase. Jane called the company's customer service multiple times and sent numerous emails, but the issue was not addressed. After a month of inaction from the company, Jane is now considering taking legal action. Is she within her rights to file a complaint against the company for their lack of response and the malfunctioning vacuum cleaner? A) YES, Jane can file a complaint because the malfunctioning product and lack of response from the company constitutes an unfair trade practice under Section 2(9)(v) of the CP Act, 2019. B) NO, Jane cannot file a complaint because she did not directly communicate with the CEO of the company. C) YES, Jane can file a complaint because she has the right to seek redressal as she suffered a loss due to the malfunctioning vacuum cleaner. D) NO, Jane cannot file a complaint because the vacuum cleaner stopped working due to her own mishandling.
- Ben bought a brand-new electric heater for his home from "WarmNCozy," a well-known brand. A week later, while in operation, the heater malfunctioned causing a small fire in his living room, damaging his carpet and furniture. Upon contacting WarmNCozy, they told him that since he hadn't bought an additional safety warranty, they wouldn't cover the damages caused by the heater. Ben wonders if he has a valid claim against WarmNCozy under Section 2(9)(ii) of the CP Act, 2019. Which of the following is correct? A) YES, Ben can file a complaint as the malfunctioning heater and the damage it caused is a violation of his right to be protected from goods that endanger life and property. B) NO, Ben cannot file a complaint because he didn't purchase the additional safety warranty from WarmNCozy. C) YES, Ben can file a complaint as the heater should have been safe for use, satisfying Ben's longterm expectations and wishes. D) NO, Ben cannot file a complaint because the heater malfunctioned only a week after purchase, and the long-term safety expectation does not apply.
opt for an extended warranty, his complaints were invalid. Does Ravi have a right to be heard in the consumer forum under Section 2(9)(iv) of the CP Act, 2019? A. Yes, because the right to be heard ensures that Ravi's interests will be adequately and fairly taken into account. B. No, because Ravi did not opt for the extended warranty, so his complaints are not valid. C. Yes, because the right to be heard gives Ravi the right to be represented in forums that look out for the welfare of all. D. No, because the right to be heard only applies to persons who have suffered substantial damages, and a malfunctioning air conditioner does not constitute such damage. Beginning in 2009, the Indian government began enrolling residents onto a platform known as Aadhaar, which provided each enrolee with a 12-digit unique identification number linked to both their demographic and biometric details, including fingerprints and iris scans. The project was initially sold as a voluntary way of improving welfare service delivery and giving those without identification an ID they could use. As the Supreme Court began hearing some of these challenges, the government – which by that time was run by the Bharatiya Janata Party – in an effort to save Aadhaar asked the question of whether the Indian Constitution even has a fundamental right to privacy, since it is not explicitly stated. A nine-judge bench in 2017 unanimously concluded that Indians do have this fundamental right, and that Aadhaar would have to be tested against it. From its very beginning, Aadhaar has been plagued by a number of problems. One is intentional: The Aadhaar Act was supposed to only allow authentication of a person, meaning a verification query would only tell an agency whether the person is who she says she is. Instead, the Act allows agencies to draw other demographic information, which has naturally led to concerns about profiling and surveillance, especially now that the government has made it mandatory to link Aadhaar to everything from bank accounts to phone numbers to PAN cards. This means private companies are also using Aadhaar to deliver their services, but in the process collecting information on people and monetising that data. The second is incidental: The design of the Aadhaar system meant that, though it claimed to be secure, it was leaking data all along. In 2017, the government admitted in Parliament that as many as 210 official websites were found displaying Aadhaar numbers along with demographic data. A Tribune investigation earlier this year found that one could buy access to the entire database for just Rs 500, and print out anyone’s Aadhaar card for Rs 300 more. This information has in the past been used for financial fraud. In response, Aadhaar’s overseeing body, the Unique Identification Authority of India, filed a case against the journalist. And over the last year it has attempted to roll out new features that it claims will improve security, even though it has insisted all along that its data is already secure. Q17. Based on the above passage can we conclude that Aadhar violates privacy of the individuals? a. Yes, as it encroaches upon the personal and biometric data of individuals. b. No, because collecting biometric data by the government does not amount to breach of privacy.
c. Yes, as it makes personal and biometric data information of the individual prone to the world d. None of the above Q72. Which of the following views can be correctly inferred from the above passage? a. Right to privacy is fundamental right FLAMES b. Right to privacy is absolute right c. Government is justified to encroach upon right to privacy of individual d. None of the above Q73. As per the passage, enrolment of citizens by collection of their personal data is a. Subject to fundamental rights of citizens. b. Not subject to fundamental rights of citizens c. An absolute right of government d. None of the above Q74. As per the passage, government launched a platform for collection of information of residents ‘Aadhar’ with an aim to: a. Facilitate identification and authentication of a person b. Maintain record of personal information of all people living in India c. Check if there are illegal immigrants in the country d. None of the above. Q75. As per the passage, mandatory linking of Aadhar to bank accounts a. Is violating fundamental rights of individuals as it is allowing private companies to use their personal data b. Is not violative of fundamental rights c. Acts as reasonable restriction on fundamental rights d. Both A and C
