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Distribution: weekly

  • Explained: Assam-Mizoram Boundary Dispute

     

    Assam is at the centre of a fresh inter-State border row in the northeastern region. The Mizoram government has sought the revision of the boundary with Assam, based on the Bengal Eastern Frontier Regulation (BEFR) of 1873 and the Inner Line of the Lushai Hills Notification of 1993.

    Background

    • Since 1962 most of the state borders of states carved out of Assam were divided following the myopic vision of the Central government.
    • On ground these borders still do not run in sync with the tribal territories and identities, creating repetitive conflicts in the region and disturbing its peace.
    • Assam finds itself at the center of all the conflicts since most of the neighboring states were carved out of its territory since independence.
    • This was done to consolidate the Indian Union at the time by catering to the aspirations of the local tribes and including them in the mainstream by giving them independent statehoods.

    What is the dispute?

    • Mizoram shares a 123-km border with southern Assam and has been claiming a 509-square mile stretch “occupied” by the neighbouring State.
    • Mizoram used to be the Lushai Hills district of Assam before being made a Union Territory in 1972 and a State in 1987.
    • Both States have been disputing an extensive stretch of this boundary.

    About Bengal Eastern Frontier Regulation

    • The Inner Line Regulations, commonly referred to as the Inner Line Permit system (ILP), first gained legal effect through the Bengal Eastern Frontier Regulation, 1873.
    • At present the BEFR continues to apply, but only in present-day Arunachal Pradesh, Nagaland and Mizoram.
    • It had been lifted in the whole of Assam, as well as the entirety of present-day Meghalaya.
    • The BEFR allows Arunachal Pradesh, Manipur, Mizoram and Nagaland not to let non-resident Indians in without an inner-line permit for a temporary stay.

    Present status of ILP

    • The Foreigners (Protected Areas) Order, 1958 is the modern embodiment of the ILP.
    • This Order was passed in furtherance of the Foreigners Act, 1946.
    • The Order defined the ‘inner line’ throughout present-day India starting from Jammu and Kashmir and ending at Mizoram.
    • This inner line is different from the one envisioned in the Bengal Frontier Regulations.
    • This line represents the furthest point up to the international border where a foreigner can visit on the strength of a visa alone.

  • ‘MH-60R and AH-64E Apache’ Choppers

     

    During his speech in Ahmedabad, Mr. Trump announced: deals to sell over $3 billion state-of-the-art military helicopters and other equipment to the Indian Armed Forces.

    MH-60 Romeo helicopters

    • The incoming 24 multirole MH-60 Romeo helicopters are expected to boost the Indian Navy’s efforts to expand its role in the Indian Ocean Region.
    • The MH-60 Romeo Seahawk, made by defence giant Lockheed Martin, is one of the most advanced naval helicopters in the world, used by the US Navy among others.
    • It is the most capable and mature Anti-Submarine Warfare (ASW) Anti-Surface Warfare (ASuW) multi-mission helicopter available in the world today, the makers say.
    • MH-60 Romeo Seahawks have equipped with anti-submarine Mark 54 torpedoes and Hellfire air-to-surface missiles, along with precision-kill rockets.
    • It also has an advanced system for passive detection, location, and identification of emitters. It can not only track and hunt ships but is also used by the US Navy as an anti-submarine weapon.

    Apache helicopters

    • Indian Army will receive six more Apache helicopters in addition to the 22.
    • The Apaches can operate at high altitudes and will be deployed along the Pakistan border. The Army is likely to get the helicopters armed with Stinger air-to-air missiles and Hellfire Longbow air-to-ground missiles.
    • Among the Apache’s modern capabilities are the ability to shoot fire-and-forget anti-tank missiles, air-to-air missiles, rockets, and other munitions.
    • It also has modern electronic warfare capabilities to provide versatility in network-centric aerial warfare.
    • The choppers are all-weather capable and have high agility and survivability against battle damage.
    • They can be easily maintained in field conditions as well as during operations in the tropical and desert regions.

  • National Technical Textiles Mission

    The Cabinet Committee on Economic Affairs has given its approval to set up a National Technical Textiles Mission with a view to position the country as a global leader in Technical Textiles.

    What are Technical Textiles?

    • Technical textile is a textile product manufactured for non-aesthetic purposes, where the function is primary criterion.
    • They are functional fabrics that have applications across various industries including automobiles, civil engineering and construction, agriculture, healthcare, industrial safety, personal protection etc.
    • Technical Textiles is a high technology sunrise sector which is steadily gaining ground in. India.

    National Technical Textiles Mission

    • The Mission would have a four year implementation period from FY 2020-21 to 2023-24.
    • It will move into sunset phase after four years period.
    • A Mission Directorate in the Min. of Textiles headed by an eminent expert in the related field will be made operational.
    • The Directorate will not have any permanent employment and there will be no creation of building infrastructure for the Mission purpose.

    Components of the mission

    Component-I:  Promoting both (i) fundamental research at fibre level and (ii) application-based research in geo-textiles, agro-textiles, medical textiles, mobile textiles and sports textiles and development of bio­degradable technical textiles.

    Component-II: Promotion and Market Development.

    Component-III: Export promotion of technical textiles and ensuring 10% average growth in exports per year upto 2023-24. An Export Promotion Council for Technical Textiles will be set up for this purpose.

    Component-IV: Promoting technical education at higher engineering and technology levels related to technical textiles.

  • [pib] Exercise Indradhanush

    The Indian Air Force (IAF) and Royal Air Force (RAF) jointly commenced the fifth edition of Exercise Indradhanush at Air Force Station Hindan.

    Ex. Indradhanush

    • It is a joint air force exercise conducted by the Royal Air Force (RAF) of United Kingdom and the Indian Air Force (IAF) being held since 2006.
    • The exercise is tasked to enhance mutual operational understanding between the two air forces via close interaction.
    • The focus of this edition of the exercise is ‘Base Defence and Force Protection’.
    • This theme is of significance considering the recent threats to military establishments from terror elements.

  • Cop out in Delhi

    Context

    Political parties across the spectrum escape the blame for continuing to use the police as an instrument to further their political agenda.

    The backdrop of violence in protest against CAA in Delhi

    • The culmination of dithering by police: It was the culmination of weeks of dithering and selective action on the part of the Delhi Police in dealing with those agitating against the Citizenship Amendment Act (CAA).
    • No preventive action is taken: No preventive action appears to have been taken, and when the national capital was rocked by agitators in different areas the police appeared to have been caught by surprise.
    • Hesitation in acting against the rioters: There appeared to be hesitation on the part of the police in taking firm action against the rioters who continued to be on the rampage, destroying public and private property.
      • There was a disturbing scene of a rioter openly brandishing his firearm at a policeman.

    Disturbing patterns in the Police actions

    • Delhi Police- The extremes of action and inaction: The Delhi Police is the best-resourced police in the country.
      • It is looked upon as a model by state police forces across the country. Its response, in fact, shows a disturbing pattern.
      • There have been extremes of action and inaction.
      • Forcible entry: In Jamia Millia Islamia, the police is alleged to have entered the campus forcibly and roughed up students after their march against the CAA turned violent.
      • Inexplicable delay: In JNU, there was an inexplicable delay in responding to violence by a group of outsiders within the campus.
    • Bengal Police-Turning blind eye to rioters’vandalism: In West Bengal, with Mamata Banerjee leading the charge against the CAA, the message to the police was clear.
      • They turned Nelson’s eye to rioters’ vandalising government and private property; the Eastern Railways alone suffered a loss of Rs 72.19 crore.
    • Uttar Pradesh Police- Excesses committed during protests.
      • In UP, where over 20 people were killed, the Allahabad High Court has called for a detailed report on the alleged police excesses.
    • Karnataka Police- Over-zealousness.
      • In Karnataka, the High Court has blamed the Mangaluru police of “over-zealousness” in dealing with the anti-CAA protests.
    • Party bias in the Police actions: Police response invariably reflects the bias of the ruling party.
      • The partisan police response to situations, which were strikingly similar, has caused dismay and consternation among the people.
      • One must get to the root of the problem.

    Observations and the Supreme Court guidelines

    • National Police Commission observation: The National Police Commission recorded as far back as 1979 that “the present culture of the police system appears a continuation of what obtained under the British regime when the police functioned ruthlessly as an agent for sustaining the government in power”.
      • In such a situation, the Commission went on to say, “police find it difficult to play their lawful role and make their performance acceptable to the people at large”.
    • The Supreme Court directions: The Supreme Court issued a set of six directions in 2006 to state governments with a view to transforming the ethos and working philosophy of the police.
      • Setting up the State Security Commission: The SC’s most important direction was about setting up of a State Security Commission with a view to insulate the police from external pressures.
      • It is true that several states have enacted laws purportedly in compliance with the Supreme Court’s orders.
      • Recommendation not supported in letter and spirit: But these acts, as their critical examination reveals, violate the letter and spirit of the judicial directions. The old order continues for all practical purposes.
    • The Justice Dhingra Committee report on anti-Sikh riots: In its recently released report on the 1984 anti-Sikh riots, the report slammed the Union government and the Delhi Police.
      • It observed that a large number of crimes remained unpunished for the simple reason that there was “lack of interest shown by the police and by the authorities in handling these cases as per law or to proceed with the intention of punishing the culprits”.
      • The effort of the police and the administration “seems to have been to hush up the criminal cases concerning riots”.

    Way forward

    • Implement the recommendations of NPC: It is unfortunate that the NPC recommendations have not been acted upon even after the Supreme Court’s directions. No wonder, in the recent agitation in different states, the police have acted in the manner they did.
    • Interference of the political parties need to be reduced: The police are, no doubt, to blame for not being able to function in an objective and impartial manner. There is definitely a failure of leadership also. The political leadership need to ensure the autonomy of the police.
    • Role of media: The media cannot escape its responsibility for treating the police as a convenient punching bag from time to time and not taking up the cause of police reforms as aggressively as it should be doing.
    • Introspection by the Supreme Court: The Supreme Court would also need to introspect as to why the implementation of its directions has been so ineffective.

  • More psychological than an empowering voter option

    Context

    The recently-concluded Delhi Assembly elections were the 45th Assembly polls since the inception of the none of the above (NOTA) option in 2013. And Delhi, although mostly urban, is widely regarded as the microcosm of India.

    NOTA in Delhi

    • Delhi’s preference to NOTA is less than the national average.
    • From 0.63% in 2013, Delhi polled 0.39% of those favouring NOTA in 2015, a statistically significant reduction indeed.
      • It now increased to 46% in 2020; again statistically significant.
    • While 96% of the constituencies had a reduced percentage of NOTA votes in 2015 than 2013, the NOTA percentage has increased in 71% constituencies this year.
    • In the Lok Sabha elections, Delhi polled 0.47% and 0.52% of those favouring NOTA, in 2014 and 2019, respectively.
    • Takeaway: Roughly one in 200 voters of Delhi opted for NOTA in the last six to seven years, with relatively larger support for NOTA in reserved constituencies.

    Gujarat and Maharashtra examples

    • Interestingly, in the 2017 Gujarat Assembly elections, despite being 1.8%, NOTA got more votes than any political party other than the Indian National Congress and the Bharatiya Janata Party (except the Independents).
    • Again, in the 2019 Maharashtra Assembly election, NOTA became a runner-up in two constituencies – Latur (Rural) and Palus-Kadegaon.
    • Do these cases mark any significant shift in the voter mindset?

    Essence and scope of NOTA

    • Not a right to reject: In 2013, India became the 14th country to institute negative voting through NOTA.
      • However, it is not a “right to reject”.
    • Toothless option: NOTA in India is a toothless option.
      • Former Chief Election Commissioner of India S.Y. Quraishi, had observed in an article: “Even if there are 99 NOTA votes out of a total of 100, and candidate X gets just one vote, X is the winner, having obtained the only valid vote. The rest will be treated as invalid or ‘no votes’.”
    • Not right to select: NOTA enfeebles the electorate as it does not empower to “select” either.
    • Democratic means to express resentment: Certainly NOTA provides democratic means to express resentment anonymously rather than boycotting the polls outright.
      • A group of women activists in Kerala out on the road urging people not to elect any candidate if no woman was present in the fray.
      • A youth group in Tamil Nadu that campaigned for NOTA as a protest vote against corruption.
    • Pleas to extend the scope of NOTA: There have been pleas to extend the scope of NOTA.
      • Recommendation of re-elections: In 2018, a former CEC, T.S. Krishnamurthy, has recommended holding elections again in those constituencies where the victory margin is less than the total numbers of NOTA.
      • Right to reject in place of NOTA: A PIL has been filed in Madras High Court seeking the full right to reject in place of NOTA.

    Cases of extending the scope of NOTA

    • Maharashtra SEC order: In June 2018, the Maharashtra State Election Commission (SEC) issued an order that said:
      • “If it is noticed while counting that NOTA has received the highest number of valid votes, the said election for that particular seat shall be countermanded and a fresh election shall be held for such a post.”
    • NOTA as a fictional candidate in Haryana: In November 2018, the SEC of Haryana went a step further and issued an order where NOTA is treated like a “fictional candidate” in municipal polls from December 2018.
      • If NOTA gets the maximum vote, none of the “real” candidates will be declared elected, and the elections will be cancelled and held afresh.
      • What is more, the candidates securing votes less than NOTA would be barred from contesting in that re-election.
    • Example from Indonesia: Interestingly, in Makassar, Indonesia, the only candidate in the 2018 election for mayor received 35,000 less votes than NOTA, which forced a repeat election in 2020.

    The optimism expressed by the Supreme Court on NOTA

    • The SC’s anticipation: While introducing NOTA, the Supreme Court anticipated that “there will be a systemic change and the political parties will be forced to accept the will of the people and field candidates who are known for their integrity.”
      • Thus, its percentage should either increase to enforce the political parties to field candidates with “integrity”.
      • Or NOTA percentage should consistently decrease if the electorates feel that the system has achieved the desired level of cleansing.
    • No increase or decrease in NOTA votes: In contrast, the share of NOTA votes in India remained around a meagre level of 1% on an average; 1.11% in the 2014 Lok Sabha, and 1.08% in 2019, if we consider constituency-wise averages.
    • What this represents? This perhaps represents a confused state of mind of the electorate. Has the perceived cynicism of Indian voters regarding the right to reject been exaggerated?

    Would NOTB- None of The Below more advantageous?

    • Last option disadvantage? Is NOTA, as the last button of all EVMs in the country, a psychological issue as far as the electorates are concerned?
    • First position on ballot advantage: A 2004 article in The Journal of Politics, have discussed the possible advantage of the first position in the ballot, at least in the U.S. context.
    • NOTB instead of NOTA: Although there is no such concrete study to gauge the Indian voter’s mindset, one wonders whether using NOTB (‘none of the below’) instead of NOTA- with such an option as the first on the electronic voting machine — might produce a significantly different outcome or not.
      • An experiment, after changing the rule suitably, can be attempted, at least.

    Conclusion

    Extending the scope of NOTA by empowering it with the right to reject along with other changes like placing NOTA at the top of EVM would help in making the election process clean and fair.

     

     

     

     

  • Poverty and its measurement

    US President recently praised India for having lifted “over 270 million people out of poverty” in “a single decade”, and said that “12 Indian citizens are lifted out of extreme poverty every single minute of every single day”.

    What is poverty?

    • Poverty can be defined as a condition in which an individual or household lacks the financial resources to afford a basic minimum standard of living.
    • Economists and policymakers estimate “absolute” poverty as the shortfall in consumption expenditure from a threshold called the “poverty line”.
    • The “depth” of poverty indicates how far the poor are below the poverty line.

    Defining the poverty line

    • The official poverty line is the expenditure incurred to obtain the goods in a “poverty line basket” (PLB).
    • Poverty can be measured in terms of the number of people living below this line (with the incidence of poverty expressed as the head count ratio).

    Committees for poverty estimates

    • Six official committees have so far estimated the number of people living in poverty in India — the working group of 1962; V N Dandekar and N Rath in 1971; Y K Alagh in 1979; D T Lakdawala in 1993; Suresh Tendulkar in 2009; and C Rangarajan in 2014.
    • The government did not take a call on the report of the Rangarajan Committee; therefore, poverty is measured using the Tendulkar poverty line.
    • As per this, 21.9% of people in India live below the poverty line.

    Poverty Line Basket (PLB)

    • The PLB comprises goods and services considered essential to a basic minimum standard of living — food, clothing, rent, conveyance, and entertainment.
    • The price of the food component can be estimated using calorie norms or nutrition targets.
    • Until the 1990s, the calorie norms method was used — it was based on the minimum number of calories recommended by the Indian Council of Medical Research (ICMR) for a household of five members.
    • However, this method does not consider the different food groups that are essential for health — this is why the Tendulkar Committee targeted nutritional outcomes.
    • The Lakdawala Committee assumed that health and education is provided by the state — therefore, expenditure on these items was excluded from the consumption basket it proposed.
    • Since expenditure on health and education rose significantly in the 1990s, the Tendulkar Committee included them in the basket.
    • As a result of revisions to the basket and other changes in the method of estimation, the percentage of people living below the poverty line in 1993-94 rose from 35.97% to 45.3%.

    Issues with PLB

    • The PLB has been the subject of much debate. The 1962 group did not consider age and gender-specific calorie requirements.
    • Expenditure on health and education were not considered until the Tendulkar Committee — which was criticized for setting the poverty line at just Rs 32 per capita per day in urban India (and at Rs 27 in rural India).
    • And the Rangarajan Commission was criticized for selecting the food component arbitrarily — the emphasis on food as a source of nutrition overlooks the contribution of sanitation, healthcare, access to clean water, and prevalence of pollutants.

    Why are poverty numbers important?

    • Poverty numbers matter because central welfare schemes like Antyodaya Anna and Rashtriya Swasthya Bima Yojana use the definition of poverty given by the NITI Aayog or the erstwhile Planning Commission.
    • The Centre allocates funds for these schemes to states based on the numbers of their poor.
    • Errors of exclusion can deprive eligible households of benefits.

    Alternate measures of poverty: The MPI

    • In 2011, Oxford University researchers Sabina Alkire and James Foster devised the multidimensional poverty index (MPI) to capture poverty using 10 indicators.
    • These indicators include nutrition, child mortality, years of schooling, school attendance, ownership of assets, and access to proper house, electricity, drinking water, sanitation, and clean cooking fuel.
    • Poverty is measured in terms of deprivation in at least a third of these indicators.
    • The MPI is a more comprehensive measure of poverty because it includes components that capture the standard of living more effectively.
    • However, uses “outcomes” rather than expenditure — the presence of an undernourished person in the household will result in it being classified as “poor”, regardless of the expenditure on nutritious food.

    MPI measures of India

    • In 2015-16, 369.546 million (nearly 37 crore) Indians were estimated to meet the deprivation cut-off for three or more of the 10 indicators.
    • While the overall headcount multidimensional poverty ratio in 2015-16 was 27.9%, the number was 36.8% for rural and 9.2% for urban India.
    • There were wide variations across states — poverty was the highest for Bihar (52.5%), followed by Jharkhand (46.5%), Madhya Pradesh (41.1%), and Uttar Pradesh (40.8%).
    • It was the lowest for Kerala (1.1%), Delhi (4.2%), Punjab (6.1%), Tamil Nadu (7.3%) and Himachal Pradesh (8.1%).

    So what is the current “level” of poverty in India?

    • The National Statistical Office (NSO) Report on Household Consumer Expenditure for 2017-18 was junked in 2019 — so there are no data to update India’s poverty figures.
    • Even the MPI report published by Oxford Poverty and Human Development Initiative used data from the fourth round of the National Family Health Survey, figures for which are available only until 2015-16.
    • Social scientists used data from a leaked version of the consumer expenditure data to conclude that the incidence of poverty in India increased from 31.15% to 35.1% between 2011-12 and 2017-18.
    • The absolute number of poor people also increased from 270 million to 322.22 million over the same period, which translates to 52 million more poor people in six years.

  • Kalasa-Banduri Nala Project

     

    The cost of Kalasa-Banduri Nala Project on the Mahadayi River skyrockets by 1,674% since inception. It rose from about ₹94 crores (2000) to ₹1,677.30 crores (2020) due to the ongoing inter-State river water dispute.

    Kalasa-Banduri Nala Project

    • The project is undertaken by the Government of Karnataka to improve drinking water supply to the three districts of Belagavi, Dharwad, and Gadag.
    • It was planned in 1989; Goa raised an objection to it.
    • It involves building across Kalasa and Banduri, two tributaries of the Mahadayi river to divert water to the Malaprabha, a tributary of Krishna River.
    • Malaprabha river supplies the drinking water to Dharwad, Belgaum, and Gadag districts.

    About Mahadayi Water Dispute

    • The Mahadayi river basin drains an area of 2032 square kilometres of which 375 square km lies in Karnataka, 77 sq km in Maharashtra and the remaining in Goa.
    • It originates in the Belagavi district of Karnataka, briefly passes through Maharashtra and flows through Goa (where its known as Mandovi), and drains to the Arabian Sea.
    • Since the eighties, Karnataka has been was contemplating linking of Mahadayi with Malaprabha river, a tributary of Krishna.
    • In 2002, Karnataka gave the idea a shape in the form of the Kalasa-Bhanduri project.
    • Goa strongly opposed it as Mahadayi is one of the two rivers the State is dependent on and thus Mahadayi Water Disputes Tribunal was set up in 2010.

    Read more about the Mahadayi Dispute and award of the tribunal at:

    https://www.civilsdaily.com/news/verdict-of-mahadayi-water-disputes-tribunal-comes/

  • The issues around data localisation

    Context

    The contentious clauses on local data storage in the revised Personal Data Protection Bill need re-examination.

    What Personal Data Protection Bill contains?

    • Greater control to an individual: The draft law is a comprehensive piece of legislation that seeks to give individuals greater control over how their personal data is collected, stored and used.
    • The promise of improvement over the current privacy law: Once passed, the law promises a huge improvement on current Indian privacy law, which is both inadequate and improperly enforced.
    • Criticism of the bill: The proposed bill has attracted criticism on various grounds such as-
      • The exceptions created for the state.
      • The limited checks imposed on state surveillance, and-
      • Regarding various deficiencies in the structures and processes of the proposed Data Protection Authority.

    The issue over the “data localisation”

    • Data within the country: The phrase, which can refer to any restrictions on cross-border transfer of data, has largely come to refer to the need to physically locate data within the country.
    • Provisions for the transfer of personal data outside India: The PDP Bill enables the transfer of personal data outside India, with the sub-category of sensitive personal data have to be mirrored in the country (e. a copy will have to be kept in the country).
      • Ban on transfer of critical data outside the country: Data processing/collecting entities will, however, be barred from transferring critical personal data (a category that the government can notify at a subsequent stage) outside the country.
      • Different from Justice Srikrishna committee report: These above provisions have been changed from the earlier version of the draft Bill, released by the Justice Srikrishna Committee in 2018. 
      • The 2018 draft imposed more stringent measures that required both personal and sensitive personal data to be mirrored in the country (subject to different conditions).
      • Welcome move: The move to liberalise the provisions in the 2019 version of the Bill is undoubtedly welcome, particularly for businesses and users.

    How removing the restriction matters?

    • Reduction in cost to business: Liberalised requirements will limit costs to business and ensure users have greater flexibility in choosing where to store their data.
    • More proportionate approach: The changes in the 2019 draft reflect a more proportionate approach to the issue as they implement a tiered system for cross-border data transfer, ostensibly based on the sensitivity/vulnerability of the data.
    • Move-in accordance with the right to privacy: This seems in accord with the Supreme Court’s dicta in the 2017 Puttaswamy case.
    • Conditions for interference in privacy: The Court had made it clear that interference in the fundamental right to privacy would only be permissible if inter alia deemed necessary and proportionate.

    Test of proportionality in the bill

    • On closer examination, it appears that even the revised law may not actually stand the test of proportionality.
    • The three-argument for imposing norms: There are broadly three sets of arguments advanced in favour of imposing stringent data localisation norms:
      • Sovereignty and government functions. Referring to the need to recognise Indian data as a resource to be used to further national interest (economically and strategically), and-
      • To enable enforcement of Indian law and state functions.
      • Accruing benefits to the local industry: The second claim is that economic benefits will accrue to local industry in terms of creating local infrastructure, employment and contributions to the AI ecosystem.
      • Protection of civil liberties: Regarding the protection of civil liberties, the argument is that local hosting of data will enhance its privacy and security by ensuring Indian law applies to the data and users can access local remedies.
    • Contradiction in the claim of protection? If data protection was required for the above purposes, it would make sense to ensure that local copies were retained of all the categories of personal data provided for in the Bill (as was the case with the previous draft of the law).
      • Sectoral obligations: In the alternative, sectoral obligations would also suffice as is currently the case with sectors such as digital payments data, certain types of telecom data, government data, etc.
    • Will data localisation lead to privacy protection? We note that the security of data is determined more by the technical measures, skills, cybersecurity protocols, etc. put in place rather than its mere location.
      • Localisation may make it easier for domestic surveillance over citizens.
      • Enabler of better exercise of privacy by citizens: It may also enable the better exercise of privacy rights by Indian citizens against any form of unauthorised access to data, including by foreign intelligence.
      • Effectiveness matters: The degree of protection afforded to data will depend on the effectiveness of the applicable data protection regime.
    • Protecting privacy through less intrusive measures: Insofar as privacy is concerned, this could be equally protected through less intrusive, suitable and equally effective measures such as requirements for contractual conditions and using adequacy tests for the jurisdiction of the transfer.
      • Such conditions are already provided for in the PDP Bill as a set of secondary conditions.
      • The European Union’s General Data Protection Regulation too uses a similar framework.
      • Extra-territorial operation: The extraterritorial application of the PDP Bill also ensures that the data protection obligations under the law continue to exist even if the data is transferred outside the country.
    • Giving an individual a choice: If privacy protection is the real consideration, individuals ought to be able to choose to store their data in any location which afford them the strongest privacy protections.
      • It is arguable that data of Indians will continue to be more secure if stored and processed in the European Union or California.
      • These two jurisdictions have strong data protection laws and advanced technical ecosystems.

    Way forward

    • Identification of the issues: The joint parliamentary committee ought to, ideally, identify the need, purpose and practicality of putting in place even the (relatively liberal) measures contained in the PDP Bill.
    • Broader thinking at policy level: Further, in order for localisation-related norms to bear fruit, either in terms of protecting citizen rights, enabling law enforcement access to data or enabling the development of the local economy, there has to be broader thinking at the policy level.
      • This may include for instance-
      • Reforming surveillance-related laws.
      • Entering into more detailed and up-to-date mutual legal assistance treaties.
      • Enabling the development of sufficient digital infrastructure, and
      • Creating appropriate data-sharing policies that preserve privacy and other third party rights, while enabling data to be used for socially useful purposes.

     

     

     

  • Location in news: Idlib Province

     

    The nine-year-old war in Syria is currently raging in the northwestern province of Idlib, with rapidly escalating tensions between government forces of President Bashar al-Assad and the Turkish military.

    Background

    • President’s Assad’s forces are backed by Russia, who are clashing with thousands of Turkish troops south of its border with Syria.
    • Turkey has closed the border and is trying to seal itself from waves of displaced refugees as Assad presses forth with a brutal campaign to take back Idlib.

    Why is Idlib important?

    • Assad has been pushing to recapture Idlib, which, along with parts of neighbouring Hama, Latakia and Aleppo, are the last remaining strongholds of the rebel opposition and other groups that have been attempting to overthrow Assad since 2011.
    • At one point, the opposition held large parts of Syria under its control, but that changed after Assad, with Russian military support, slowly regained control over most of the country.
    • In 2015, Idlib province was overtaken by opposition forces.
    • Now, Syrian government forces are attempting to capture the strategic M4 and M5 national highways that connect Idlib, Aleppo and Damascus, the capital of the country.
    • Idlib skirts the two national highways and lies between Aleppo in the north and Damascus in the south.
    • It’s proximity to the Turkish border makes Idlib strategically important to the Syrian government.

    Who controls Idlib now?

    • Since the province fell to opposition forces, there is no one group that controls Idlib, but rather, several separate factions.
    • International watchdogs say that the dominant faction in Idlib is the Hayat Tahrir al-Sham (HTS), a UN-designated terrorist organization set up in 2017, with links to al-Qaeda.
    • Also operating in Idlib is the Turkey-backed Syrian National Army, an armed opposition group. Included in the mix are the remnants of the Islamic State.
    • Watch groups say that other factions in Idlib strongly oppose the presence of IS fighters in the province.

    Why is Idlib important for Turkey?

    • Idlib’s proximity to the Turkish border makes it not only important for the Syrian government, but also a cause of concern for Turkey.
    • Since the war started in Syria, thousands of displaced Syrians have sought refuge in Turkey over the years.
    • According to the latest known figures, Turkey presently hosts some 3.6 million refugees and is feeling the socio-economic and political strain of their presence in the country.
    • More conflict in Idlib would only serve to displace more people, pushing them towards the Turkish border.
    • Turkey has been witnessing a surge in hostility among its citizens towards refugees and a fresh wave of refugees will only exacerbate the situation.