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FAQs
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What are non negotiable instruments?
The simple answer is that a Negotiable instrument used to be a piece of paper that could be “negotiated” by its terms to result in an act, usually payment/crediting of money, being carried out. Now a days, the process may not be on paper, but maybe negotiated by such as an electronic signature, or other certifiable binding step. A check is a most obvious example of a negotiable instrument. The bank upon which it is drawn must honor it if it is signed and presented to the bank. Other banks may accept it and seek money from the issuing bank, but the non-issuing bank needs to assure that the negotiation of the check by the account owner is correct. A Letter of Credit is also a type of negotiable instrument in that it obligates a bank to honor a demand made under the provisions expressly set out in the Letter. Usually the Beneficiary of the Letter receives that right of Demand in exchange for fulfilling a contract obligation for the Applicant of the Letter. Provided the Demand precisely complies with the terms set out in the Letter, then the Bank must pay. There is a whole section of the Uniform Commercial Code devoted to the subject, Article 3.
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Can the EVM machines used for Indian elections be hacked/tampered?
Elephant Passing Through The Hole Of A Needle.The relevance of the above line would be clear after going through my answer.I have recently conducted election in the state of Telangana the results of which were announced yesterday (11.12.2018). I worked as Returning Officer of Bhadrachalam (119) constituency (Returning Officer is overall incharge of conducting election in one constituency).The whole process of voting through EVM has so many checks and balances that the chances of manipulating machine and influencing outcome is ZERO. If a machine is tampered at any stage of the election it would be known at the time of polling or counting very easily.Before I go into the technicalities, let me first take you through the journey of EVM in my constituency (Bhadrachalam)Arrival of machines at District HeadquarterAfter the announcement of elections, the EVMs were received from BEL (Bharat Electronics Limited) and were kept in the District Headquarter. All EVMs are stored in Strong Rooms. Every time a strong room is opened or closed the political parties have to be informed first. The entire process has to be videographed and there is a 24x7 surveillance through CCTV and deployment of police force.Arrival of machines in Assembly ConstituencyTill 3 weeks before elections, I had no knowledge of which EVMs will come to Bhadrachalam constituency. The process of allotment of EVMs to a constituency is done through randomization in presence of political parties.After receiving EVMs from the district, the machines were stored in Bhadrachalam EVM Strong Room. Again the entire process of CCTV, informing political party, videography was followed.Just a week before the election, second randomization is done in presence of General Observer and Political Parties where we came to know which machine goes to which Polling Station. For example machine number BCUEH61401 was allotted PS No: 1-Krishnapuram in Wazedu Mandal of Bhadrachalam AC (Assembly Constituency). This list is shared with all political parties.So the possibility that a different machine was used at a polling station is negated. On the day of polling or on the day of counting the political party can easily point out if there is any discrepancy in the ID of machines being used.(The above photo is of the day of randomization where I am explaining the entire process of allotment of machines to the political parties)CommissioningBefore sending machines to Polling Stations, all the machines are verified by casting one vote per candidate in all machines in presence of Political Parties. This is done to make sure that only one vote goes to one candidate.Random SelectionOn the day of commissioning, the political party can randomly select a machine and cast 1000 votes themselves and count the slips from VVPAT to make sure that all machines are correct.Putting sealAll the critical sections of machines are sealed in a way that signatures of all political parties are present on every seal. Each seal has a unique number. If somebody breaks open the seal then it would be known immediately.Day of PollingEvery candidate can appoint 1 Polling Agent Per Polling Station on the day of polling.Polling Agents are given the updated list of Electoral Roll. If you go to a polling station then you will find at least 4–5 polling agents inside the booth along with election staff.Every time a voter comes, the identification of voter is done by all polling agent. This makes sure that there is no impersonation or bogus voting.Mock PollThis is an important part of entire polling process. Before the start of polling the polling agents should cast minimum 50 votes. The results of the mock poll are shown to all political parties and they can tally the results. This makes sure that no re-wiring or re-connection of the circuit has been done and the machine are working normally.All Presiding Officers have to give a certificate that the mock poll was done and the result was tallied.End of PollAt the end of poll, all machines are sealed in front of Polling Agents and they have to mandatorily put their initials on every seal and compartment.Polling Agents are given a record of total votes. So, if at the end of poll 974 votes are cast- a statement of this signed by Presiding Officer is given to political party.Storing Polled EVMsAfter the poll, the EVMs are again stored in Godowns with CCTV, Police Protection. This time the political parties are given an option toPermanently sit in the front of Strong Room 24x7 !There is separate room arranged where Political Parties can see the live feed of Strong Room on large LED screen.These arrangements are made to make sure that no one enters (including District Officials, Returning Officer or any other ECI Official).Once the EVMs are sealed in the strong room, it can only be opened again on the day of counting.Day of CountingOn the day of counting the strong room is again opened in front of Political Parties. When a machine arrives for counting, the following points are verified:Whether the machine belongs to the same polling station? (Can be verified from the list already given to the candidates one week before polling)Whether all seals and tags are present? (Can be verified by seeing the signs of Presiding Officer and all Polling Agents on the day of counting)Whether the number of votes in EVMs is tallied? (Candidates are already given the number of votes casted at every Polling Station at the end of polling)When all the above facts are tallied, the RESULT section of EVM is pressed to know the number of votes cast in favour of one candidate.The result of a machine is not communicated unless the authenticity is certified by all candidates!The result sheet of every machine has signature of all candidates.Random VerificationTo remove all doubts, the political parties can select One Random Polling Station where we have to count the VVPAT slips and tally it with the result shown in the EVM.The points mentioned above are just a glimpse of rigorous process that we follow to ensure transparency.Now I would address the rumours and misconception regarding EVMs.1.EVMs can be hacked so that no matter which button you press the vote will go to same candidateThe chance of above happening is same as an elephant passing through the hole of a needle.On the day of commissioning and polling the political party can themselves cast their votes randomly and verify that the vote has actually gone to the candidate for which they have voted.2.After the polling EVMs can be tampered to cast extra votes.No. Since the number of votes are already communicated to the political party, therefore, if extra votes are cast then it would reflect on the day of counting.After the polling, the Presiding Officer presses the CLOSE button. Once this button is pressed you can not cast extra votes unless CLEAR button is pressed. Guess what, this button is surrounded by 2 unique paper seal containing the signature of both PO and political agents. There is no way you can signNow this button without breaking the seal.The machine also records the time of last vote polled. Every Presiding Officer gives a diary (called Presiding Officer Diary) in which the end time of poll is recorded. If someone tries casting extra votes then there would be a mismatch in the time of closing which can be easily identified on the day of counting.So if you manage to take away polled EVM in your house, it will be of no use!Moreover, with the introduction of VVPATs there is a 2 level check. Political parties can randomly select a machine and ask us to verify all votes cast by counting slips inside VVPAT.The beauty of the election process is that:Every step involves the participation of Political Party. Without their permission and signature no machines can be touched, votes cast or counted.I would like to conclude with the following:The only place where you can fiddle with EVMs is in Lab or in your Mind. There exists no chance of manipulating machines during the entire process of election.Conducting elections is one of the most difficult yet highly gratifying task and I am proud to be a part of this democratic process and working under Election Commission of India.Have more doubts and queries regarding Election Process? Do drop in a comment.Wish to become a future bureaucrat. Read here:71 to 51: My new book by Bhavesh Mishra on 71 to 51: My book for complete preparation strategyEDIT 1:Many people have pointed out instances where EVM machines have shown more votes than was registered.Can it take place?Yes. After doing mock poll (around 50 votes on the day of polling), CLOSE and CLEAR button have to be pressed so that when the actual voting starts the count starts from zero.In very rare cases if a Presiding Officer forgets doing CLEAR then the count will start not from zero but from the mock poll count (say X).Is it a big issue?Not at all. On the day of counting all such EVMs are kept aside and according to the instructions of ECI, the VVPAT slips need to be counted for all such machines. The count of VVPAT slips will definitely tally with the actual number of votes.That’s it!
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To what extent is the Tejas a success?
IAF is at least of its air squadron power ever, this answer shall also look into this point if this situation was sudden or it was predictable.HAL tejas a failure or Success?Well its time to find out…Content:History of developement: HAL Marut, MCA(Most of us won’t have even heard of it), LCA-tejasTechnologies developed: Fly-by wire, engine, radar, aerodynamics, avionicscontribution to the industry/ country .comparison of budgets with other fighter jets?Let’s start with:HISTORY:HAL MARUT:The first supersonic fighter jets in Asia.Served efficiently from 1960–1991 without any severe problems.Also IAF was enjoying aerial supremacy in the region with the newly developed and bought 1200 Mig-21, during this time the PLAAF was not as strong as IAF. But Chinese realised “SOMETHING” that we (excluding navy) didn’t and are still denying from realising it.It was first fighter jet developed, designed and manufactured in India.It got some engine problems, GTRE did developed engine for it, it worked with complete efficiency but was incompatible with aircraft. Had there been foresightedness in airforce, governement and beuraucracy a little more funds would have given us a new engine for Marut. But Marut died a slow death given by beuraucracy, poor R&D funding(which still is poor), and lack of foresightedness.HAL MCA(Medium Combat Aircraft): Say Hello to this Guy!!It was the twin engined, vertical stabilizer less, 360 Thrust vectoring nozzle aircraft a.k.a twin engined MCA(big brother of MCA)It was proposed in early 2000s.But We did the same mistake again, IAF showed little interest in the program and the plan was shelved back in 2000s and the IAF insisted on the LCA and insisted for 126 MCA from foreign and hence started the saga of 126 MMRCA with tender being issued in 2001. The deal was signed for just 36 in 2016. We wasted 16 years again, had there been foresightedness and less corruption in the system , with proper absorption of public and private industry, this thing would have been already into the sky.But, it never saw the daylight and remained a proposal.HAL TEJAS:The so called 1980 is just a media propaganda, it was the year IAF mentioned this matter, 1984 ADA was formed and 1990 finally funds were released so actual commencement was 1990 and not alleged 1980.At last there was some ray of hope though tarnished by 1999 nuclear test embargos, Tejas took to the sky in 2001.LCA was named tejas by then PM.Shri Atal Bihari Bajpayee. The programme went well till 2004, it slowed down after 2004 due to slack nature of then government, corruption throughout the reign rocked the entire country during this period, Let alone tejas it was just a small Fighter jet under developement.2014 BJP governement came back again with absolute majority and Defense Minister being Manohar parrikar, clearly stating that Tejas is his dream project.Tejas programme in this two year period i.e 2014–16 saw a faster speed of developement with 123 strong tejas being ordered by DAC and in early 2017 it’s FOC started with successfull firing of Derby guided missile in guided missile mode.TECHNOLOGIES DEVELOPED:Airframe and Aerodynamics(including stealth):The exact RCS of tejas is unknown. But it is said that it is “1/3 of mirage”, considerably low as compared to other 4th generation aircrafts because ofHigh usage of carbon composites.Being small in size adds to the lowering the RCS.Y-shape inlets that reduces the heat signature of the engine..Use of RAM(Radar Absorbent material) paints.Addition of AESA radar in mk1a and mk2 will ensure that tejas locks on to the target before target sees it which adds to the LO feature.Radar waves normally enter the cockpit reflects of objects & possibly return to the radar and even the HMD of pilot itself contributes to RCS. To avoid this Tejas canopy is coated with a thin film transparent conductor of Indium Tin Oxide. The coating is thin enough that it has no adverse effect on pilot vision and can reflect the radar waves away from the radar antenna.quadraplex digital fly-by-wire control system.ENGINE:A little bit history about the kaveri engine:The GTRE GTX-35VS Kaveri is a turbofan project developed by the (GTRE), a lab under the DRDOT the Kaveri was originally intended to power production models of the Tejas LCA fighter.This was approx 202 mn $ project.Later on the project was divided into two category: K9 and K 10K9: Will be completely indigenous with only foreign consultation and certification.K10: Will be a joint venture with a foreign partner.Problems that occured:Kaveri engine in its present form uses directionally solidified blade technology which is rather an old tech and it couldn’t tolerate the high temperature in its combustion chamber called “Kabini”. The solution was “single crystal blades”The thrust generated was nearly 65 to 70% of what was needed.Performance decay at high altitude.A peculiar noise when in after burning mode..Here comes the MMRCA deal which many think was a bad decision by the current leadership as it just bought 36 rafales. But if we look closely to the offset, it was boon to us as under the offset:Snecma which manufacture the Rafales M-88 core agreed to help and signNow the engine in 18 months.DRDO has been given a virtual carte blanche to channelise offsets from the Indian Rafale deal to resurrect the Kaveri.Snecma, a partner in the Rafale programme, builds the Rafale’s twin M88 turbofan engines. Under the terms of the partnership , Snecma is working to modify, signNow and integrate the Kaveri on a Light Combat Aircraft airframe before 2020.A later phase in the partnership will involve modifications on the Kaveri for a twin configuration on India’s AMCA fifth generation fighter concept and an altered non-reheat version for the Ghatak UCAV.According to DRDO chief the kaveri engine will be ready by next aero india.Another good new is that altitude test and flying test bed trials have been completed. Official statement of MoD in Parliament” In a written reply to the Lok Sabha in December 2016, Minister of State for Defence Subhash Bhamre had called the effort of the GTRE in developing the engine as “an attempt to mastering one of the most complex technologies”. The minister said the altitude test and flying test bed trials for the engine had been completed and other developmental problems were being addressed to make the engine flight-worthy through in-house efforts as well with assistance from abroad”.The engine will be first used on Tejas PV-1.Other uses will beGhatak UCAV(Dry variant or w/o afterburner)AMCATejas Mk2Also, Rolls royce has collaborated with DRDO on developing the K10 engine. This engine’s first prototype is to be expected in 12 month. The news was broken out in Aero-india 2017 in february.http://www.thehindu.com/news/nat...UK’s Rolls Royce, India’s DRDO working together on engine for fighter jetsAVIONICS:Indigenous HUD.EW suite for Tejas is under developement for LCA but since it is small it has to be compact other than that Tusker EW suite is the bigger derivative of the suite Mayavi EW for LCA and is used for Mig-29, jaguar and Su-30. Samyukta is also another EW suite that has used the experience from past developement of Mayavi and tusker EW.Early version of tejas (PVs) had analog display now they fly on Digital display designed by DARE(DRDO).Also DARE has developed the litening targetting pod for effective targetting of air version of brahmos.It’s HMD is ELBIT designed, but its friend and foe detection is designed by DRDO.UTTAM AESA (Further updates:Soikot Banerjee (सोइकोत बैनर्जी)'s answer to Is India developing/working on AESA radars?)radar has given rise to many other forms of AESA radar such as that used on swordfish radar, AEW&C, recently successfully launched QRSAM.CONTRIBUTION TO COUNTRY/INDUSTRY:Private sector giants especially TATA SED and L&T have gained a lot of experience in electronics and manufacturing respectively.It has created a chain of MSMEs.Almost entire fuselage which includes wings, center of fuselage is made by private companies and HAL is only a integrator.AMOUNT OF RESOURCE:Tejas is the cheapest 4.5 gen aircraft programme ever with $1 bn spent on programme, whereas Gripen is 14 bn$ programme and F-16 even more.Tejas has never ever faced an accident whereas its competitor Grippen has faced Two accidents.Given the amount of experience by spending the least amount of money compared to any fighter jet programme as shown by above facts and two failed attempts to develope or continue to develope a fighter jets, TEJAS LCA IS A SUCCESS.The “SOMETHING” that i mentioned earlier is the thing that complete indegenisation is the only way you can survive for long and you can see how strong and thriving the chinese aerospace industry is now(you can abuse me as traitor, porkistani and whatever you may like).But it’s time to accept that only R&D can give us what we call as self reliance and not so called ToT that we keep asking from other nations.No nation will give critical technologies that have made them pioneers of their respective field. By giving critical tech to another company, no parent company in sane mind would create their own competitor. But w/o critical tech we can’t modify the weapon platforms according to needs as all IPR are reserved with the parent company, forget about creating a new one.Hence LCA TEJAS is a success and the present squadron crisis was predictable and also preventable had there been foresightedness in IAF, beuraucracy to develope complete R&D infrastructure by consuming potential of both private and public sector also academic institutions to the fullest.NOTE: Further suggestions are welcome in comment section.Footnotes:1.Soikot Banerjee (सोइकोत बैनर्जी)'s answer to After the failure of Kaveri GTX jet engine is India still developing an indigenous jet engine?2.https://www.quora.com/Why-cant-India-develop-its-own-AESA-radar/answer/Soikot-Banerjee?srid=RKYr3.Soikot Banerjee (सोइकोत बैनर्जी)'s answer to Why can't India develop its own AESA radar?4.https://www.quora.com/What-is-the-RCS-of-Tejas/answer/Soikot-Banerjee?srid=RKYr
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What’s the most epic way a process server has ever served legal papers?
During my divorce I did the majority of the writing, paperwork, and delivery to save costs. Since saving cost was part of the reason I got quite creative with process serving. In the local court rules (every court jurisdiction has their own rules) there were only two restrictions. You couldn't do it yourself. The person signing that they did it had to be over 18 years old. There was no verification. There was no identification. There was no requirement that they show up to court to prove anything. A signature on the court approved form said they were over 18 and they delivered some papers. Good to go.My ex's attorney was doing her best job to raise billable hours and delays in the process. At some point in time she had made a mistake and brought a motion to an ex-parte court (only one party needs to be present ex-parte). The ex-parte court overlooked that this motion could only be ordered ex-parte with my signature on an agreeing form. I didn't agree! I got notice she did this on a Friday through the courts electronic forms processing. I couldn't see what she did until Monday. Because of other rules and process I only had that day to correct it. I didn't even get a certified copy until Tuesday!I didn't have time to go home and study it. I didn't have time to get legal help. I hammered it out on my laptop in the court lobby, printed it at Kinko's a block away, and then had another conundrum. Attorney's are supposed to make a good faith effort to tell the other party about ex-parte motions. Of course she didn't do that for me, but I was going to for her. I printed another set of complete documents that would move her motion from ex-parte to our actual assigned judge on the required 14 day calendar. A cover sheet explained this was my good faith message about an ex-parte action, and also moving her motion to the motions calendar.This would require a process server. I'm running out of time. I can't do it myself. The other attorney's office is across the street from the Kinko's in the downtown core.This is the epic part, and just revenge for the (dis)honest mistake and wasting my day. I walked outside the courthouse, found the stinkiest, liquor drenched bum I could find. I paid him $10 to go to her office, of a major law firm, in a top story of huge skyscraper, and deliver them and sign the paperwork saying he did it. I accompanied him, told the building lobby attendants he had legal business there and showed them her business card. Up the elevators, walked past the receptionist for the firm who just sat there open-mouthed. Same thing “he has legal business with
”. Down the hall, she was in a meeting with other attorneys. So he walked right in, dropped off the papers, now loaded with his stench, the other attorneys are backing away wondering what the hell, and I said “see you in 30 minutes if you object.”I made it back to the courthouse and to the ex-parte court in time to explain the error, the corrected paperwork, get a revised order canceling her order, and putting everything on the 14 day calendar. The accepting clerk asked if this had been served. Yes, here you are: a Service of Process document, properly signed by a drunk, snaggletoothed, unbathed bum.The 14 day extension gave me enough time to write a valid objection and her motion was denied. The actual issue was of little importance except it inconvenienced me. It would have been a pretty routine temporary change in a six year custody battle. She got petty about it, and I got petty back in spades. -
Is HAL Tejas really a junk fighter aircraft?
Anonymous OP= Sadist w/o enough proof and evidence a.k.a TROLL.So here it is for Ya’all sadists fanboys.LOOK AT IT. UNDERSTAND IT. DIGEST IT. RESPECT IT!The answer is very long, but I assure you that it is to the point and will answer both questions in detail.The LCA-Tejas is the replacement for the soviet origin Mig-21 fighter aircrafts, which have been in air for around 70 years with various air-forces across the globe, Indian Air Force being a major customer with considerable numbers still in service. The LCA has hit the production lines and 123 are on order.But it is still a question if LCA is a worthy successor to the Mig-21? and if the country has gained anything from this or is it just another piece of junk?This answer shall dig into the above questions.Content:1.Role2.Aerodynamics3.Stealth4.Safety5.How it has helped the country?ROLE:Mig-21: It was primarily designed and inducted as an Interceptor, Later it was modified as CAS and a airsuperiority fighter.LCA: Point defense, multi-role fighter.Inference: The primary job of an interceptor is to gain speed and height quickly and to intercept incoming threats. They are not primarily designed to undertake CAS and Air-superiority fighter roles whereas LCA from the first day was supposed to be a multirole fighter. The design of Mig allows it to travel at very high speeds with degraded performance at low speed where as LCA has a balanced performance in all speed regimes.Little knowledge before going further:Aspect Ratio(AR): Ratio of total lenth of wing(wing span) to ChordWing loading(WL): It is ratio of gross weight to be carried by wing to area of wingLeading edge/Trailing edge :Anhedral/Dihedral:Chord: Line joining Leading edge to trailing edgeAOA: Angle between chord and Wind.Critical AOA: AOA for which lift is maximum or angle after which lift starts decreasing rapidly.Relation of AR with lift:Lift Vs AOA for various AR:Inference :Higher AR will have higher LiftMore the AR less will be the Critical AOA.Higher the AR, higher the induced dragAerodynamics of Delta Wings:Lift generated by delta wing has two components: Vortex lift+Potential Flow lift (read Lift on a flat plate)At lower angle of attack the lift is only the Potential flow component.(AOA=0*-5*)At higher angle of attacks Vortex are generated by the leading edge, which flow over wing and creates a low pressure region over wing and hence lift is generated.(AOA=5*-20*)At higher AOA the vortex starts getting disturbed and lift is decreased but can be controlled by certain measures.(AOA=20*-30*)Delta wing shows low lift at low A.O.A because of following reasons:More surface area for given amount of lift causes more viscous drag which decreases Lift/Drag ratio. More the ratio is better the lift.At low AOA the formation of vortex is not uniform or flow separation or due to vortex burst(I oversimplified way too much).Relation of WL with Maneuverability: The less the WL the better and faster will be the roll maneuver.AERODYNAMICS:Wing Type:Mig-21: Pure Cropped Delta with tail.LCA: Cropped Compound tailless delta.Inference: Mig had an extra control surface that added to the drag at high speed regime. Being pure cropped delta has it’s fair share of disadvantages as i mentioned above. Also due to the design the take off speed and distance is more for Mig-21 than Tejas.AR:Mig-21: 2.2LCA: ~1.75(Wing span^2 / wing area)Inference: Mig-21 focuses on more lift whereas LCA for less drag, no one wins in this department all matter of priorities. Trade-offs can’t be avoided.WL:Mig-21: 452LCA: 247Inference: LCA is a clear winner, this makes LCA more maneuverable in combat.Thrust to Weight Ratio:Mig-21: 0.7LCA: 1.07Inference: LCA wins, this gives LCA a better climb rate than Mig-21.Wing Position:Mig-21: -2* dihedralIts 2 deg annhedral sirLCA: Anhedral:Inference: Anhedral position of delta wings generates extra lift. LCA wins.AOA: This part is tricky.Mig-21:30*LCA:28*Inference: Despite using dihedral swept back cranks LCA has AOA 2* less than Mig-21, but at the same time it is good in terms of existing 4.5 gen aircrafts. The reason for the following can be the pure delta of Mig-21 which are best suited in for high AOA but poor lift at low AOA where as LCA tries to keep the lift enact even at low AOA and low speed, so the reduction of 2* AOA in LCA is a trade-off for a wider flight envelope.STEALTH:Inlet:Mig-21: Inlet cone with Inlet at front of the plane.LCA: Supersonic, Y-duct below and behind the wing.Inference: Mig doesnot gives stealth due to the protruding cone and compressor RCS just visible at the front whre as LCA has two advantage:Stealth by covering the Compressor RCS.Continious suppply of air at high AOA.Material Used:Mig-21: Mostly metal or alluminium alloyLCA: 44% is Carbon composite.Inference: LCA is more lighter, stronger and stealthier.Wing Blending: The Blending of wing with fuselage in LCA does two things:Lower down the RCS.Make fuselage a Lift generating object. This feature is not present in Mig-21.RAM: Extensive use of RAM(Radar Absorbing Materials) decrease the RCS both of body and the Cockpit through canopy.SAFETY:Needless to say from the day LCA was first flown it had never ever met with an accident, Mig-21 doesnot have a appreciable safety record which has earned it the name of “Flying Coffin”.IS LCA PROJECT A SCAM ON TAXPAYERS MONEY?Well, probably what’s your say on these?We paid $2B for INS vikramaditya when it was projected to be several millions.We are paying more than $3B for FGFA but the work share and ToT is still questionable.We are major share holder in Mig-29 and SU-30 MKI developement and still the supplier doesn't share spare parts of the same, result being more than 40% fighters being grounded at any given time and frequent crashes.We bought T-90S but it's FCS, Armour and Air condition, RCWS all run on that developed by DRDO for Arjun MBT, same stands for T-72 CIA. Reason Russia didn’t share the ToT as per agreement.Add up all these and the total financial figure can easily cross $10B. But still the media never shys away from calling this utterly over expensive, frequent maintainance and accident prone Russian equipments some sort of “Brahmastra” and the LCA which hasn’t met with an accident so far and an availability of 73% all the time a DUD. This is a bigger scam. Isn’t it?Coming to Tejas:1. It was meant to replace Mig-21 which was not a key fighter either.2.LCA remains the cheapest programme with just $1B on it’s R&D. Atleast one-fourteenth of the budget of nearest contemporary and still comparable.Can the OP produce any official reports to quantify the fact that an aircraft which is developed by an R&D organisation whose Total R&D budget is one-sixth of an E-retailing company’s R&D and having underpaid scientists as compared to it’s international peers is a SCAM.IS IT A CHEAP MIRAGE COPY?Perhaps NO. Why?Here is it :WING POSITION W.R.T FUSELAGE:Mirage: Flat i.e 0* w.r.t to horizontol axis.LCA: AnhedralInference: For Delta Wings Anhedral placement creates more lift, which further help to counter the lack of lift during slow speeds in tejas but thats not the case with Mirage, suffers lack of lift during slow speeds.Extra LIFT AND PERFORMANCE INCREMENT DEVICES(Canards/LERX/Chine etc):Mirage: Small strake on the intakes above wing.LCA: Crank (Marked in pink and dihedrally placed)Inference: Mirage doesnot have any Lift increment device, the strakes it uses it gives a littlehelp in maintaining airflow at high AOA but not very effective , unlike tejas whose dihedrally positioned forward swept crank helps it a lot to maintain lift at high angle of attack(AOA) by delaying flow separation above wings.BLENDING WING : Look at wing- fuselage for junction both :Mirage: The junction is clearly visible.LCA: There is blending of juction between wing-fuselage.Inference: Now this feature does two things-Makes the fuselage self lift creating object.Helps to reduce the RCS and add stealth to aircraft.Mirage is in disadvantage in this one.WING-LOADING : The lower the better. Lower wing loading is a key deciding factor about the maneuverability of aircraft. Lower wing-loading helps in better dogfight.Mirage:337 kg/m²LCA: 247 kg/m²Now comes the most complex of all but rather ignored topic the INTAKES. The topic is scientifically very critical in deciding the performance of aircraft.The position of inlet:Mirage: Beside the fuselage.LCA: Under and Behind wing.Inference: Putting the inlet sidewise, creates airflow moving over the surface of the fuselage develops a turbulent boundary layer, and ingesting this turbulent boundary layer into the engines may causes problems in the compressors if not it adds to drag. Also at high AOA this position of inlets does not ensure a good performance but in case of tejas the position of inlet behind wind ensures a considerable of amount of air supply to engine at high AOA which is not in case of Mirage.Type of Intake:Further the intakes of Mirage are old gen intake comprising inlet cone but which doesnot helps to guard the compressor RCS, but Tejas uses Y-Duct intake that curtails the compressor RCS and gives a big RCS reduction to tejas and adds to tejas’s stealth which is not the case with Mirage.Above: Inlet cone of Mirage; Below: Y-duct inlet design.Conclusion: Where Mirage was primarily developed to replace Mirage III it was supposed to be a interceptor and good ground attack capability which are the strong points of mirage but lacks little bit in Air to Air and Stealth capability whereas the LCA was always supposed to be point defense fighter to replace Mig-21 , hence it was supposed to have a well balance of ground attack, Air to Air combat and Stealth. Though LCA lacks in terms of range but thats a trade off between aerodynamics, stealth and attack capability just like the Mirage which does just the reverse. It’s all matter of priorities. The following points proves that LCA is not copy of Mirage-2000 either!A SHEAR WASTE OF TAXPAYERS MONEY?Hell No, I don’t believe so!TEJAS IS NOT A FIFITH GENERATION AIRCRAFT. IT WAS NOT SUPPOSED TO BE ONE. IT IS REPLACEMENT FOR MIG-21. IT DOES JOB QUITE WELL. LETS KEEP IT THAT WAY. TELLING TEJAS IS FIFTH GENRATION AIRCRAFT WHEN IT IS NOT IS UNDERMINING THE AIRCRAFT DELIBERATELY. WE HAVE FGFA AND AMCA PROGRAMMES TO TAKE CARE OF FIFTH GENERATION AIRCRAFT NEEDS.Rest of the answer i am reposting one of my earlier ones:IAF is at least of its air squadron power ever, this answer shall also look into this point if this situation was sudden or it was predictable.HAL tejas a failure or Success?Well its time to find out…Content:History of developement: HAL Marut, MCA(Most of us won’t have even heard of it), LCA-tejasTechnologies developed: Fly-by wire, engine, radar, aerodynamics, avionicscontribution to the industry/ country .comparison of budgets with other fighter jets?Let’s start with:HISTORY:HAL MARUT:The first supersonic fighter jets in Asia.Served efficiently from 1960–1991 without any severe problems.Also IAF was enjoying aerial supremacy in the region with the newly developed and bought 1200 Mig-21, during this time the PLAAF was not as strong as IAF. But Chinese realised “SOMETHING” that we (excluding navy) didn’t and are still denying from realising it.It was first fighter jet developed, designed and manufactured in India.It got some engine problems, GTRE did developed engine for it, it worked with complete efficiency but was incompatible with aircraft. Had there been foresightedness in airforce, governement and beuraucracy a little more funds would have given us a new engine for Marut. But Marut died a slow death given by beuraucracy, poor R&D funding(which still is poor), and lack of foresightedness.HAL MCA(Medium Combat Aircraft): Say Hello to this Guy!!It was the twin engined, vertical stabilizer less, 360 Thrust vectoring nozzle aircraft a.k.a twin engined MCA(big brother of MCA)It was proposed in early 2000s.But We did the same mistake again, IAF showed little interest in the program and the plan was shelved back in 2000s and the IAF insisted on the LCA and insisted for 126 MCA from foreign and hence started the saga of 126 MMRCA with tender being issued in 2001. The deal was signed for just 36 in 2016. We wasted 16 years again, had there been foresightedness and less corruption in the system , with proper absorption of public and private industry, this thing would have been already into the sky.But, it never saw the daylight and remained a proposal.HAL TEJAS:The so called 1980 is just a media propaganda, it was the year IAF mentioned this matter, 1984 ADA was formed and 1990 finally funds were released so actual commencement was 1990 and not alleged 1980.At last there was some ray of hope though tarnished by 1999 nuclear test embargos, Tejas took to the sky in 2001.LCA was named tejas by then PM.Shri Atal Bihari Bajpayee. The programme went well till 2004, it slowed down after 2004 due to slack nature of then government, corruption throughout the reign rocked the entire country during this period, Let alone tejas it was just a small Fighter jet under developement.2014 BJP governement came back again with absolute majority and Defense Minister being Manohar parrikar, clearly stating that Tejas is his dream project.Tejas programme in this two year period i.e 2014–16 saw a faster speed of developement with 123 strong tejas being ordered by DAC and in early 2017 it’s FOC started with successfull firing of Derby guided missile in guided missile mode.TECHNOLOGIES DEVELOPED:Airframe and Aerodynamics(including stealth):The exact RCS of tejas is unknown. But it is said that it is “1/3 of mirage”, considerably low as compared to other 4th generation aircrafts because ofHigh usage of carbon composites.Being small in size adds to the lowering the RCS.Y-shape inlets that reduces the heat signature of the engine..Use of RAM(Radar Absorbent material) paints.Addition of AESA radar in mk1a and mk2 will ensure that tejas locks on to the target before target sees it which adds to the LO feature.Radar waves normally enter the cockpit reflects of objects & possibly return to the radar and even the HMD of pilot itself contributes to RCS. To avoid this Tejas canopy is coated with a thin film transparent conductor of Indium Tin Oxide. The coating is thin enough that it has no adverse effect on pilot vision and can reflect the radar waves away from the radar antenna.quadraplex digital fly-by-wire control system.ENGINE:A little bit history about the kaveri engine:The GTRE GTX-35VS Kaveri is a turbofan project developed by the (GTRE), a lab under the DRDOT the Kaveri was originally intended to power production models of the Tejas LCA fighter.This was approx 202 mn $ project.Later on the project was divided into two category: K9 and K 10K9: Will be completely indigenous with only foreign consultation and certification.K10: Will be a joint venture with a foreign partner.Problems that occured:Kaveri engine in its present form uses directionally solidified blade technology which is rather an old tech and it couldn’t tolerate the high temperature in its combustion chamber called “Kabini”. The solution was “single crystal blades”The thrust generated was nearly 65 to 70% of what was needed.Performance decay at high altitude.A peculiar noise when in after burning mode..Here comes the MMRCA deal which many think was a bad decision by the current leadership as it just bought 36 rafales. But if we look closely to the offset, it was boon to us as under the offset:Snecma which manufacture the Rafales M-88 core agreed to help and signNow the engine in 18 months.DRDO has been given a virtual carte blanche to channelise offsets from the Indian Rafale deal to resurrect the Kaveri.Snecma, a partner in the Rafale programme, builds the Rafale’s twin M88 turbofan engines. Under the terms of the partnership , Snecma is working to modify, signNow and integrate the Kaveri on a Light Combat Aircraft airframe before 2020.A later phase in the partnership will involve modifications on the Kaveri for a twin configuration on India’s AMCA fifth generation fighter concept and an altered non-reheat version for the Ghatak UCAV.According to DRDO chief the kaveri engine will be ready by next aero india.Another good new is that altitude test and flying test bed trials have been completed. Official statement of MoD in Parliament” In a written reply to the Lok Sabha in December 2016, Minister of State for Defence Subhash Bhamre had called the effort of the GTRE in developing the engine as “an attempt to mastering one of the most complex technologies”. The minister said the altitude test and flying test bed trials for the engine had been completed and other developmental problems were being addressed to make the engine flight-worthy through in-house efforts as well with assistance from abroad”.The engine will be first used on Tejas PV-1.Other uses will beGhatak UCAV(Dry variant or w/o afterburner)AMCATejas Mk2Also, Rolls royce has collaborated with DRDO on developing the K10 engine. This engine’s first prototype is to be expected in 12 month. The news was broken out in Aero-india 2017 in february.http://www.thehindu.com/news/nat...UK’s Rolls Royce, India’s DRDO working together on engine for fighter jetsWIND TUNNEL FACILITIES:Perhaps you have made this 74 Wind tunnel facilities across the country and other aerospace testing centres.LCA was the principle project that compelled India to develope all this centres of excellence indigenously after being kicked out from Buffalo, USA after ’99 nuclear test.AVIONICS:Indigenous HUD.EW suite for Tejas is under developement for LCA but since it is small it has to be compact other than that Tusker EW suite is the bigger derivative of the suite Mayavi EW for LCA and is used for Mig-29, jaguar and Su-30. Samyukta is also another EW suite that has used the experience from past developement of Mayavi and tusker EW.Early version of tejas (PVs) had analog display now they fly on Digital display designed by DARE(DRDO).Also DARE has developed the litening targetting pod for effective targetting of air version of brahmos.It’s HMD is ELBIT designed, but its friend and foe detection is designed by DRDO.UTTAM AESA (Further updates:Soikot Banerjee (सोइकोत बैनर्जी)'s answer to Is India developing/working on AESA radars?)radar has given rise to many other forms of AESA radar such as that used on swordfish radar, AEW&C, recently successfully launched QRSAM.CONTRIBUTION TO COUNTRY/INDUSTRY:Private sector giants especially TATA SED and L&T have gained a lot of experience in electronics and manufacturing respectively.It has created a chain of MSMEs.Almost entire fuselage which includes wings, center of fuselage is made by private companies and HAL is only a integrator.AMOUNT OF RESOURCE:Tejas is the most economical 4.5 gen aircraft programme ever with $1 bn spent on programme, whereas Gripen is 14 bn$ programme and F-16 even more.Tejas has never ever faced an accident whereas its competitor Grippen has faced Two accidents.Given the amount of experience by spending the least amount of money compared to any fighter jet programme as shown by above facts and two failed attempts to develope or continue to develope a fighter jets, TEJAS LCA IS A SUCCESS.The “SOMETHING” that i mentioned earlier is the thing that complete indigenisation is the only way you can survive for long and you can see how strong and thriving the chinese aerospace industry is now(you can abuse me as traitor, porkistani and whatever you may like).But it’s time to accept that only R&D can give us what we call as self reliance and not so called ToT that we keep asking from other nations.No nation will give critical technologies that have made them pioneers of their respective field. By giving critical tech to another company, no parent company in sane mind would create their own competitor. But w/o critical tech we can’t modify the weapon platforms according to needs as all IPR are reserved with the parent company, forget about creating a new one.Hence LCA TEJAS is a success and the present squadron crisis was predictable and also preventable had there been foresightedness in IAF, beuraucracy to develope complete R&D infrastructure by consuming potential of both private and public sector also academic institutions to the fullest.Hope this is sufficient for you, or else I can serve more but that will be on further requests. LOLz.Footnotes:1.Soikot Banerjee (सोइकोत बैनर्जी)'s answer to After the failure of Kaveri GTX jet engine is India still developing an indigenous jet engine?2.https://www.quora.com/Why-cant-India-develop-its-own-AESA-radar/answer/Soikot-Banerjee?srid=RKYr3.Soikot Banerjee (सोइकोत बैनर्जी)'s answer to Why can't India develop its own AESA radar?4.https://www.quora.com/What-is-the-RCS-of-Tejas/answer/Soikot-Banerjee?srid=RKYrPic credits: Google and Respective ownerPic credits: GooglePic credits:respective owners and google.Data: Wikipedia
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What are the laws - Data Protection, Data Transmission and Export and Data Encryption in India to operate a technology platform
The Information Technology Act, 2000 came into force on 17.10.2000 vide G.S.R No. 788(E) dated 17.10.2000 and for the first time, a legal definition of “Computer”, “Data”, “electronic record”, “Information” et al were provided. The said Act gave a legal recognition to the electronic records and digital signatures and in Chapter IX thereof provided for penalty and adjudication. Section 43 of the Act interalia provided that in case of unauthorised access, download or copying or damage to data etc, the person responsible shall be liable to pay damages by way of compensation not exceeding one crore rupees to the person affected.Apart from civil liability provided under Section 43, Chapter XI (Sections 63 to 78) of the Act of 2000 provided for criminal liability in cases of Tampering, Hacking, publishing or transmitting obscene material, misrepresentation etc. Apart from the same, Section 72 of the Act provided for penalty in case of bsignNow of confidentiality and privacy and laid that in case any person who has secured access to any electronic record, Data or information, discloses the same to any other person without obtaining the consent of the person concerned, he shall be punished with imprisonment upto two years or with fine upto Rupees one lakh or with both.However, the provisions of the Information Technology Act, 2000 were not adequate and the need for more stringent data protection measures were felt, the Information Technology (Amendment) Act, 2008 was enacted which came into force on 27.10.2009. The said Amendment Act brought in the concepts like cyber security in the statute book and widened the scope of digital signatures by replacing the words “electronic signature”. The amendment act also provided for secure electronic signatures and enjoined the central government to prescribe security procedures and practices for securing electronic records and signatures (Sections 15-16) The amendment Act also removed the cap of Rupees One Crore as earlier provided under Section 43 for damage to computer and computer systems and for unauthorised downloading/ copying of data. The said Amendment Act also introduced Section 43A which provides for compensation to be paid in case a body corporate fails to protect the data. Section 46 of the Act prescribes that the person affected has to approach the adjudicating officer appointed under Section 46 of the Act in case the claim for injury or damage does not exceed Rupees Five crores and the civil court in case, the claim exceeds Rupees Five crores. The amendment act also brought/ introduced several new provisions which provide for offenses such as identity theft, receiving stolen computer resource/ device, cheating, violation of privacy, cyber terrorism, pornography (Section 66A-F & 67A-C). The amendment act also brought in provisions directing intermediaries to protect the data/information and penalty has been prescribed for disclosure of information of information in bsignNow of lawful contract (Section 72A)With the enactment of the Amendment Act of 2008, India for the first time got statutory provisions dealing with data protection. However, as the ingredients of “sensitive personal data and information” as well as the “reasonable security practices and procedures” were yet to be prescribed by the Central Government, the Ministry of Communications and Information Technology vide Notification No. GSR 313 (E) dated 11th April 2011 made the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information ) Rules, 2011 (the said rules). Rule 3 of the said rules defines personal sensitive data or information and provides that the same may include information relating to password, financial information such as bank account or credit card details, health condition, medical records etc. Rule 4 enjoins every body corporate which receives or deals with information to provide a privacy policy. Rule 5 prescribes that every body corporate shall obtain consent in writing from the provider of the sensitive information regarding purpose of usage before collection of such information and such body corporate will not collect such information unless it is collected for a lawful purpose connected with the function or activity of such body corporate and collection of such information or data is necessary and once such data is collected, it shall not be retained for a period longer than what is required. Rule 6 provides that disclosure of the information to any third party shall require prior permission from the provider unless such disclosure has been agreed to in the contract between the body corporate and the provider or where the disclosure is necessary for compliance of a legal obligation. The Body corporate has been barred to publish sensitive information and the third parties receiving such information have been barred to disclose it further. Rule 7 lays down that the body corporate may transfer such information to any other body corporate or person in India or outside, that ensure the same level of data protection and such transfer will be allowed only if it is necessary for performance of lawful contract between the body corporate and provider of information or where the provider has consented for data transfer. Rule 8 of the said rules further provide reasonable security practises and procedures and lays down that international standard IS/ISO/IEC 27001 on “Information Technology- Security Techniques- Information Security Management System- requirements “ would be one such standard.The Ministry of Communication and Information Technology further issued a press note dated 24th August 2011 and clarified that the said rules are applicable to the body corporate or any person located within India. The press note further provides that any body corporate providing services relating to collection or handling of sensitive personal data or information under contractual obligation with any other legal entity located within India or outside is not subject to requirements of Rules 5 &6 as mentioned hereinabove. A body corporate providing services to the provider of information under a contractual obligation directly with them however has to comply with Rules 5 &6. The said press note also clarifies that privacy policy mentioned in Rule 4 relates to the body corporate and is not with respect to any particular obligation under the contract. The press note at the end provides that the consent mentioned in Rule 5 includes consent given by any mode of electronic communication.Data Protection relates to issues relating to the collection, storage, accuracy and use of data provided by net users in the use of the World Wide Web. Visitors to any website want their privacy rights to be respected when they engage in e-Commerce. It is part of the confidence-creating role that successful e-Commerce businesses have to convey to the consumer. If industry doesn't make sure it's guarding the privacy of the data it collects, it will be the responsibility of the government and it's their obligation to enact legislation.Any transaction between two or more parties involves an exchange of essential information between the parties. Technological developments have enabled transactions by electronic means. Any such information/data collected by the parties should be used only for the specific purposes for which they were collected. The need arose, to create rights for those who have their data stored and create responsibilities for those who collect, store and process such data. The law relating to the creation of such rights and responsibilities may be referred to as ‘data protection’ law.The world’s first computer specific statute was enacted in the form of a Data Protection Act, in the German state of Hesse, in 1970.The misuse of records under the Nazi regime had raised concerns among the public about the use of computers to store and process large amounts of personal data.The Data Protection Act sought to heal such memories of misuse of information. A different rationale for the introduction of data protection legislation can be seen in the case of Sweden which introduced the first national statute in 1973.Here, data protection was seen as fitting naturally into a two hundred year old system of freedom of information with the concept of subject access (such a right allows an individual to find out what information is held about him) being identified as one of the most important aspects of the legislation.In 1995, the European Union adopted its Directive (95/46/EC) of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter, the Directive), establishing a detailed privacy regulatory structure. The Directive is specific on the requirements for the transfer of data. It sets down the principles regarding the transfer of data to third countries and states that personal data of EU nationals cannot be sent to countries that do not meet the EU “adequacy” standards with respect to privacy.In order to meet the EU “adequacy” standards, US developed a ‘Safe Harbour’ framework, according to which the US Department of Commerce would maintain a list of US companies that have self-certified to the safe harbor framework. An EU organization can ensure that it is sending information to a U.S. organization participating in the safe harbor by viewing the public list of safe harbor organizations posted on the official website.Data protection has emerged as an important reaction to the development of information technology. In India data protection is covered under the Information Technology Act, 2000 (hereinafter, the Act). The Act defines ‘data’ as, “‘data’ means a representation of information, knowledge, facts, concepts or instructions which are being prepared or have been prepared in a formalized manner, and is intended to be processed, is being processed or has been processed in a computer system or computer network, and may be in any form (including computer printouts magnetic or optical storage media, punched cards, punched tapes) or stored internally in the memory of the computer”. Protection of such data and privacy are covered under specific provisions in the Act. In the recent past, the need for data protection laws has been felt to cater to various needs. The following analyses the position of data protection law with respect to some of the needs.Data Protection Law In Respect of Information Technology Enabled Services (ITES)India started liberalizing its economy in the 1990’s and since then a huge upsurge in the IT business process outsourcing may be witnessed. Financial, educational, legal, marketing, healthcare, telecommunication, banking etc are only some of the services being outsourced into India. This upsurge of outsourcing of ITES into India in the recent past may be attributed to the large English-speaking unemployed populace, cheap labour, enterprising and hardworking nature of the people etc. Statistics have shown that the outsourcing industry is one of the biggest sources of employment. In a span of four years, the number of people working in call centers in the country supporting international industries has risen from 42,000 to 3,50,000. Exports were worth $5.2 billion in 2004-2005 and are expected to grow over 40% this fiscal year. US is currently the biggest investor in Indian ITES, taking advantage of cheap labour costs. Statistics indicate that software engineers with two-years experience in India are being paid about 1/5th of an equivalent US employee.Concerns about adequacy of lawBPO FraudsWith globalization and increasing BPO industry in India, protection of data warrants legislation. There are reasons for this. Every individual consumer of the BPO Industry would expect different levels of privacy from the employees who handle personal data. But there have been situations in the recent past where employees or systems have given away the personal information of customers to third parties without prior consent. So other countries providing BPO business to India expect the Indian government and BPO organizations to take measures for data protection. Countries with data protection law have guidelines that call for data protection law in the country with whom they are transacting.For instance, in, the European Union countries according to the latest guidelines, they will cease to part with data, which are considered the subject matter of protection to any third country unless such other country has a similar law on data protection. One of the essential features of any data protection law would be to prevent the flow of data to non-complying countries and such a provision when implemented may result in a loss of "Data Processing" business to some of the Indian companies.In the recent past, concerns have been raised both within the country as well as by customers abroad regarding the adequacy of data protection and privacy laws in the country. A few incidents have questioned the Indian data protection and privacy standards and have left the outsourcing industry embarrassed. In June 2005, ‘The Sun’ newspaper claimed that one of its journalists bought personal details including passwords, addresses and passport data from a Delhi IT worker for £4.25 each. Earlier BPO frauds in India include New York-based Citibank accounts being looted from a BPO in Pune and a call-center employee in Bangalore peddling credit card information to fraudsters who stole US$398,000 from British bank accounts.UK's Channel 4 TV station ran broadcast footage of a sting operation exposing middlemen hawking the financial data of 200,000 UK citizens. The documentary has prompted Britain's Information Commissioner's Office to examine the security of personal financial data at Indian call centers.In the absence of data protection laws, the kind of work that would be outsourced to India in the future would be limited. The effect of this can be very well seen in the health-care BPO business, which is estimated to be worth close to $45 billion. Lack of data protection laws have left Indian BPO outfits still stagnating in the lower end of the value chain, doing work like billing, insurance claims processing and of course transcription. Besides healthcare, players in the retail financial sector are also affected. Financial offshoring from banks is limited because of statutory compliance requirements and data privacy laws protecting sensitive financial information in accounts. In the Human Resource (HR) domain, there are many restrictions on sharing of personal information. In the medical domain, patient history needs to be protected. In credit card transactions, identity theft could be an issue and needs to be protected. Companies in the banking, financial services and insurance (BFSI) sector and healthcare have excluded applications/processes which use sensitive information from their portfolio for offshoring till they are comfortable about the data protection laws prevalent in the supplier country.Since there is lack of data protection laws in India, Indian BPO outfits are trying to deal with the issue by attempting to adhere to major US and European regulations. MNCs have to comply with foreign Regulations so that they don’t lose on their international partners. There are problems involved in this. Efforts by individual companies may not count for much if companies rule out India as a BPO destination in the first place in the absence of data protection law.Today, the largest portion of BPO work coming to India is low-end call centre and data processing work. If India has to exploit the full potential of the outsourcing opportunity, then we have to move up the value chain. Outsourced work in Intellectual Property Rights (IPR)-intensive areas such as clinical research, engineering design and legal research is the way ahead for Indian BPO companies. The move up the value chain cannot happen without stringent laws. Further, weak laws would act as deterrents for FDI, global business and the establishment of research and development parks in the pharmaceutical industry.Looking to the above scenario, we can say that for India to achieve heights in BPO industry stringent laws for data protection and intellectual property rights have to be made. . Thus, a law on data protection on India must address the following Constitutional issues on a "priority basis" before any statutory enactment procedure is set into motion:(1) Privacy rights of interested persons in real space and cyber space.(2) Mandates of freedom of information U/A 19 (1) (a).(3) Mandates of right to know of people at large U/A 21.Once the data protection rules are enforced in India, companies outsourcing to India are unlikely to dismantle the systems they have in place straightaway, and move data more freely to India. Hence ,the need for data protection laws would win over the confidence of international business partners; protect abuse of information; protection of privacy and personal rights of individuals would be ensured; there would be more FDI inflows, global business and the establishment of research and development parks in the pharmaceutical industry & impetus to the sector of e-Commerce at national and international levels would be provided.Data protection law in India (Present status):-Data Protection law in India is included in the Act under specific provisions. Both civil and criminal liabilities are imposed for violation of data protection.(1) Section 43 deals with penalties for damage to computer, computer system etc.(2) Section 65 deals with tampering with computer source documents.(3) Section 66 deals with hacking with computer system.(4) Section 72 deals with penalty for bsignNow of confidentiality and privacy. Call centers can be included in the definition of ‘intermediary’and a ‘network service provider’ and can be penalized under this section.These developments have put the Indian government under pressure to enact more stringent data protection laws in the country in order to protect the lucrative Indian outsourcing industry. In order to use IT as a tool for socio-economic development, employment generation and to consolidate India’s position as a major player in the IT sector,amendments to the IT Act, 2000 have been approved by the cabinet and are due to be tabled in the winter session of the Parliament.Proposed amendments:-The amendments relate to the following[22]:(i) Proposal at Sec. 43 (2) related to handling of sensitive personal data or information with reasonable security practices and procedures.(ii) Gradation of severity of computer related offences under Section 66, committed dishonestly or fraudulently and punishment thereof.(iii) Proposed additional Section 72 (2) for bsignNow of confidentiality with intent to cause injury to a subscriber.It is hoped that these amendments will strengthen the law to suffice the need.Data Protection Laws In Order To Invite ‘Data Controllers’.There has been a strong opinion that if India strengthens its data protection law, it can attract multi-national corporations to India. India can be home to such corporations than a mere supplier of services.In fact, there is an argument that the EU’s data protection law is sufficient to protect the privacy of its people and thus lack of strong protection under Indian law is not a hindrance to the outsourcing industry. To enumerate, consider a company established in EU (called the ‘data controller’) and the supplier of call center services (‘data processor’) in India. If the data processor makes any mistake in the processing of personal data or there are instances of data theft, then the data controller in the EU can be made liable for the consequences. The Indian data processor is not in control of personal data and can only process data under the instructions of the data controller. Thus if a person in EU wants to exercise rights of access and retrieve personal data, the data controller has to retrieve it from the data processor, irrespective of where the data processor is located. Thus a strong data protection law is needed not only to reinforce the image of the Indian outsourcing industry but also to invite multi-national corporations to establish their corporate offices here.Data Protection And TelemarketingIndia is faced with a new phenomenon-telemarketing. This is facilitated, to a large extent, by the widespread use of mobile telephones. Telemarketing executives, now said to be available for as low as US $70 per month, process information about individuals for direct marketing. This interrupts the peace of an individual and conduct of work. There is a violation of privacy caused by such calls who, on behalf of banks, mobile phone companies, financial institutions etc. offer various schemes. The right to privacy has been read into Article 21, Constitution of India, but this has not afforded enough protection. A PIL against several banks and mobile phone service providers is pending before the Supreme Court alleging inter alia that the right to privacy has been infringed.The EC Directive confers certain rights on the people and this includes the right to prevent processing for direct marketing. Thus, a data controller is required not to process information about individuals for direct marketing if an individual asks them not to. So individuals have the right to stop unwanted marketing offers. It would be highly beneficial that data protection law in India also includes such a right to prevent unsolicited marketing offers and protect the privacy of the people.Data Protection With Regard To Governance And PeopleThe Preamble to the Act specifies that, the IT Act 2000, inter alia, will facilitate electronic filing of documents with the Government agencies. It seeks to promote efficient delivery of Government services by means of reliable electronic records. Stringent data protection laws will thus help the Government to protect the interests of its people.Data protection law is necessary to provide protection to the privacy rights of people and to hold cyber criminals responsible for their wrongful acts. Data protection law is not about keeping personal information secret. It is about creating a trusted framework for collection, exchange and use of personal data in commercial and governmental contexts. It is to permit and facilitate the commercial and governmental use of personal data.The Data Security Council of India (DSCI) and Department of Information Technology(DIT) must also rejuvenate its efforts in this regard on the similar lines. However, the best solution can come from good legislative provisions along with suitable public and employee awareness. It is high time that we must pay attention to Data Security in India. Cyber Security in India is missing and the same requires rejuvenation. When even PMO's cyber security is compromised for many months we must at least now wake up. Data bsignNowes and cyber crimes in India cannot be reduced until we make strong cyber laws. We cannot do so by mere declaring a cat as a tiger. Cyber law of India must also be supported by sound cyber security and effective cyber forensics.Indian companies in the IT and BPO sectors handle and have access to all kinds of sensitive and personal data of individuals across the world, including their credit card details, financial information and even their medical history. These Companies store confidential data and information in electronic form and this could be vulnerable in the hands of their employees. It is often misused by unsurplous elements among them. There have been instances of security bsignNowes and data leakages in high profile Indian companies. The recent incidents of data thefts in the BPO industry have raised concerns about data privacy.There is no express legislation in India dealing with data protection. Although the Personal Data Protection Bill was introduced in Parliament in 2006, it is yet to see the light of day. The bill seems to proceed on the general framework of the European Union Data Privacy Directive, 1996. It follows a comprehensive model with the bill aiming to govern the collection, processing and distribution of personal data. It is important to note that the applicability of the bill is limited to ‘personal data’ as defined in Clause 2 of the bill.The bill applies both to government as well as private enterprises engaged in data functions. There is a provision for the appointment of, “Data Controllers”, who have general superintendence and adjudicatory jurisdiction over subjects covered by the bill. It also provides that penal sanctions may be imposed on offenders in addition to compensation for damages to victims.The stringency of data protection law, whether the prevailing law will suffice such needs, whether the proposed amendments are a welcome measure, whether India needs a separate legislation for data protection etc are questions which require an in-depth analysis of the prevailing circumstances and a comparative study with laws of other countries. There is no consensus among the experts regarding these issues. These issues are not in the purview of this write-up. But there can be no doubt about the importance of data protection law in the contemporary IT scenario and are not disputable.
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