HomeNationalIn a first, India uses 'she', 'her' to refer to all genders...

In a first, India uses ‘she’, ‘her’ to refer to all genders in draft law

Pronouns like ‘her’ or ‘she were used in India’s legislative history for the first time to indicate all genders in a draft of a law.

A man types on a computer keyboard in this illustration picture February 28, 2013. REUTERS/Kacper Pempel/Illustration/File Photo

Draft Digital Personal Protection Bill 2022, which was put up for public review on Friday, mentions the two pronouns.

“According to Prime Minister Narendra Modi’s philosophy, we tried to use the words’she’ or ‘her’ throughout the Bill rather than ‘him’ or ‘his’. This is an innovative idea in the bill,” Ashwini Vaishnaw, Union Minister for Railways, Communications, Electronics and Information Technology, said Friday.

The Bill’s main purpose is to safeguard internet users from online harm, and to create a trusted digital ecosystem. India is an economic powerhouse and a global leader in digital technology.

The central government has a new draft Bill for the public to view three months after the Digital Personal Data Protection Bill was withdrawn from the lower house.

Several months after its introduction, the Bill was withdrawn by the Lok Sabha by the central government at the Monsoon session.

Vaishnaw stated earlier that the Bill was pulled because of 81 amendments recommended by the Joint Parliamentary Committee in a bill with 99 sections.

“Above it made 12 major suggestions. He stated that the bill was being withdrawn and that a new one would be submitted for public consultation.

Six types of penalties have been proposed in the Digital Personal Data Protection Bill 2022 that was reintroduced. The draft bill, which was released for public comment earlier today, proposes a Rs 250 core penalty to prevent personal data breaches.

In addition, a Rs 200 crore penalty could be imposed on those who fail to notify the Board or the affected Data Principals about personal data breaches and other obligations related to children.

Non-fulfillment of additional obligations by Significant Data Fiduciary pursuant to sections 11 and 16 may result in Rs 150 crore and Rs ten crore fines, respective.

Finally, penalties of up to Rs 50 million will be imposed on anyone who fails to comply with the provisions of this Act.

The Bill outlines that the Central Government can, after assessing such factors as it may consider required, notify countries or territories other than India to which a Data Fiduciary might transfer personal data in accordance with any terms and conditions.

The Central Government can, by notification, exempt the State from the provisions of this Act. This includes processing personal data by any instrument of the State for the purposes of sovereignty and integrity, security, and friendly relations with other States, maintenance or protection of public order, or incitement to any cognizable offense.

During the writing of the Personal Data Protection Bill 2019, the government stated that the whole gamut of principles were extensively discussed and debated. These include the rights and duties of individuals as well as those of entities that process personal data.

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