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GS Paper: GS2

  • Free speech of Ministers, restrictions and the opinion of the court

    restrictions

    Context

    • A Constitution Bench of the Supreme Court on Tuesday unanimously and rightly ruled out any additional curbs on free speech by ministers. It said, like other citizens, they are guaranteed the right to freedom of expression under Article 19(1) (a), governed by the reasonable restrictions laid out in Article 19(2) and those are enough.

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    What is the issue of freedom of speech to Ministers?

    • Scope: Ministers and lawmakers enjoy the freedom of speech and expression under Article 19(1) of the Constitution as other citizens and additional restrictions cannot be imposed to curb their right to free speech.
    • Restrictions: A five-judge Constitution bench held that curbs on free speech cannot extend beyond what is prescribed under Article 19(2) of the Constitution imposes reasonable restrictions and applies equally on all citizens.

    What the court said?

    • Rights are not residual privileges: Court said that the role of the court is to protect fundamental rights limited by lawful restrictions and not to protect restrictions and make the rights residual privileges.
    • Distinction on government’s responsibility and remarks by individual minister: The ruling also made a valid distinction on the government’s vicarious responsibility for ill-judged or hateful remarks made by its individual ministers, the flow of stream in collective responsibility is from the Council of Ministers to the individual ministers. The flow is not on the reverse, namely from the individual ministers to the Council of Ministers.
    • Clarification on the concept of collective responsibility: It is not possible to extend the concept of collective responsibility, it said, to “any and every statement orally made by a Minister outside the House of the People/Legislative Assembly”.
    • Public functionaries should be more responsible while they speak: Even while agreeing with the majority ruling, however, it is possible to underline the concern articulated in the minority judgment over a hateful public discourse “hate speech, whatever its content may be, denies human beings the right to dignity”. And to agree with it when it speaks of the special duty of public functionaries and other persons of influence to be more responsible and restrained in their speech, to “understand and measure their words”.

    What is ‘Hate Speech’?

    • There is no specific legal definition of ‘hate speech’.
    • The Law Commission of India, in its 267th Report, says: “Hate speech generally is an incitement to hatred primarily against a group of persons defined in terms of race, ethnicity, gender, sexual orientation, religious belief and the like.
    • Thus, hate speech is any word written or spoken, signs, visible representations within the hearing or sight of a person with the intention to cause fear or alarm, or incitement to violence.
    • In general, hate speech is considered a limitation on free speech that seeks to prevent or bar speech that exposes a person or a group or section of society to hate, violence, ridicule or indignity

    Brief Analysis: Hate speech by Ministers

    • Problem is real but primarily political: The problem of hate speech by ministers and others belonging to the party in power is real, but it is primarily political.
    • Solution is not in new law as, there are enough provisions to deal with it: The solution is not for the court to draw a new line, or even, as the minority judgment proposed, for Parliament to make another law. There are enough provisions in the statute book to deal with speech that promotes enmity and violence or results in cramping the freedoms of others.
    • Legal provisions can be weaponised so what is needed is a political resolve: What is missing is the political resolve and will of governments to act on instances of hate speech, especially when they involve one of their own, and there are no legal shortcuts to make up for that absence. In fact, the same legal provisions that are designed to curb hate speech can be twisted and turned and weaponised by governments against citizens who dissent and disagree.

    Conclusion

    • The problem of hate speech by ministers and others associated with the party in power is real, but it is primarily political. The solution lies not in making new laws, but in individual responsibility and collective political resolve.

    Mains question

    Q. How do you understand hate speech? Do ministers and MLAs have freedom of speech? Discuss the recent court ruling on free speech restrictions on ministers.

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  • India’s role in chaotic world order

    India

    Context

    • As the great powers get at each other’s throats, the prospects for multilateral agreements have diminished. On both the economic and political fronts, the conflict among the major powers has sharpened. That makes India’s chairmanship of G20 more challenging.

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    Historical understanding of major global events

    • Major wars and rebalancing: Major wars have always reshaped great power relations and rearranged the international system. Russia’s war against Ukraine will be no exception.
    • First world war: The First World War saw the collapse of the Ottoman, Austro-Hungarian, and the Russian empires. It also helped the Bolsheviks in Russia form the Soviet Union, gave birth to new nations in Europe, and accelerated the rise of Asian nationalism.
    • The Second World War: Hastened the demise of European colonialism and heralded the rise of the United States and the Soviet Union as the superpowers. Washington and Moscow managed an armed peace in a divided Europe during the Cold War. The process of decolonization saw the birth of a number of new nations in Asia and Africa.
    • The Cold War: It led to the collapse of the Soviet Union, undid its sphere of influence in East and Central Europe and led to the rise of the unipolar moment. The era of massive economic interdependence that followed the Cold War saw the rapid rise of China and a slower but definitive emergence of India as a major power.

    How Russia and China are colluding to change regional and global world order?

    • Asserting themselves against US: Moscow and Beijing, which were willing to acquiesce in the unipolar moment in the 1990s, began to assert themselves against the US-led international order in the 21st century. Europe focused on strengthening its economic and political integration, and sought greater strategic autonomy from the United States.
    • Apparent decline of USA: As they drew steadily closer over the last decade, Russia’s Vladimir Putin and China’s Xi Jinping bet that the apparent American decline was real and irreversible. That emboldened Putin to fancy his chances in ending Ukraine’s sovereignty.
    • China backed Russia against Europe: The seeming political disarray in the West also convinced Xi to back Putin’s attempt to reorder European regional security order. The partnership without limits and no forbidden areas of cooperation was unveiled less than three weeks before Putin invaded Ukraine on February 24, 2022.

    Outcome of Russia’s failed attempt to capture Ukraine

    • Only option is diplomacy: As the costs of war mount, the case for diplomacy will gain ground in 2023. While both sides talk about peace, they are also gearing up to fight through the harsh winter. Bridging that gulf between Russian and Ukrainian negotiating positions will occupy diplomacy in 2023.
    • Weaker Russia: Whatever the nature of the eventual settlement, Russia will come out weaker from this military misadventure. Putin’s attempts to eliminate Ukraine as an independent nation and roll back the eastward expansion of NATO have backfired. The war has consolidated Ukraine as a nation and NATO has expanded to include Sweden and Finland.
    • Self-defense Inability of Europe: The war has also demonstrated Europe’s inability to defend itself against Russia despite the EU’s economy being 10 times larger than that of Russia. But for now, and the near term, Europe will remain dependent on the US to defend it against an expansionist Russia. While Europe is weaker, trans-Atlantic NATO has become stronger.
    • US industries are winning: The US is emerging as a big winner from the Ukraine war. American oil companies are raking it in from high energy prices. US weapons like the HIMARS and its high technology companies like SpaceX with its Starlin satellite system and Palantir with its algorithms have actively shaped the battlefield in favour of Ukraine, the underdog in the war. Far more consequential is the fact that without being directly involved in the fight, the US is influencing the direction of the war and has the most leverage in defining the terms of peace in Ukraine.

    Impact of Chinese and Russian aggression on Mid-power countries

    • US as reliable partner: Thanks to the overreach of Putin and Xi, the US has become a valuable partner for the middle powers at the receiving end of Russian and Chinese bullying.
    • Eyeopener for Germany and Japan: Russian expansionism in Europe and Chinese aggressiveness in Asia have compelled Germany in Europe and Japan in Asia to boost their defence spending.
    • Regional security Policy: Poland in Europe and Australia and South Korea in Asia have embarked on ambitious regional security policies.

    What should be the approach of India?

    • India should rework its status: India that long relied on Russia to provide a regional balance of power will have to rework its great power sums. This should not be too hard, given India’s improving relations with the US and Europe and its focus on diversifying its defence partnerships.
    • Boosting the domestic capabilities: Delhi, however, will have to move much faster in developing the national capabilities and international partnerships to deter China’s aggressive actions on the border and balance Beijing’s power in the Indo-Pacific. Delhi certainly can’t take for granted that its current economic and political advantages will endure.
    • Prevent the breakdown of multilateral system: Finally, it is unlikely the world will return to the kind of multilateralism we got used to since the 1990s. India’s G20 leadership would be a success if it can prevent the complete breakdown of the multilateral system and generate major power consensus on a few issues.

    Conclusion

    • India should take the advantage of chaotic world order to strengthen itself. Indigenous military capabilities, double digit economic growth and securing core foreign policy interest should be the top priorities for India.

    Mains Question

    Q. Major wars in world have often culminated into rebalancing of international politics. Comment. What should be the India’s approach towards new emerging global order in the aftermath of Russia-Ukraine war?

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  • Ministers’ Right to Free Speech and Issues

    minister

    The Supreme Court has held that there is no reason to impose “additional restrictions” on the right to free speech of Ministers and the government is not vicariously liable for disparaging remarks made by them, even if the comments are traceable to state affairs or meant to protect the government.

    Why are we discussing this?

    • Many politicians make unwarranted statements and tender an apology in return.
    • The PM or the CM does not have disciplinary control over the members of the Council of Ministers.
    • In a country like ours, where there is a multi-party system and where coalition Governments are often formed, it is not possible at all times for the whip to control the politician’s behavior.
    • A derogatory speech that closely resembles hate speech cannot fall within the ambit of the free speech right.

    Do ministers and lawmakers have absolute freedom of speech?

    • Scope: Ministers and lawmakers enjoy the freedom of speech and expression under Article 19(1) of the Constitution as other citizens and additional restrictions cannot be imposed to curb their right to free speech.
    • Restrictions: A five-judge Constitution bench held that curbs on free speech cannot extend beyond what is prescribed under Article 19(2) of the Constitution imposes reasonable restrictions and applies equally on all citizens.

    What is the case?

    • The proceedings in the case began when the top court took cognisance of a controversial statement made by former UP minister in July 2016.
    • He had allegedly termed a gang rape case as part of a “political conspiracy”. While he was let off with an unconditional apology, the Court agreed to examine the larger issue.
    • In October 2017, a three-judge bench referred the matter to the constitution bench to decide on various aspects of the matter.

    Key issues examined

    • Free speech and sensitive issues: The top priority was to examine whether ministers, public functionaries and lawmakers can claim freedom of speech while expressing views on sensitive matters.
    • Free speech and state matters: Another key aspect of the matter was whether a statement by a minister in relation to any affairs of the State or for the protection of government can be attributed vicariously to the government itself.

    What does Article 19 say?

    • Freedom: Article 19(1) (a) guarantees the freedom of speech and expression to all citizens. It is the first condition of liberty and plays an important role in forming public opinion.
    • Restrictions: As per Article 19(2), restrictions can be imposed upon the freedom of speech and expression in the interests of:
    1. Sovereignty and integrity of India,
    2. Security of the state,
    3. Friendly relations with foreign states,
    4. Public order, decency or morality, or
    5. In relation to contempt of court,
    6. Defamation, or
    7. Incitement to an offense

    What does the judgment say about free speech restrictions?

    • Citizens had the right to petition the Court for violations of Article 19 (freedom of expression) and Article 21 (right to life).
    • A statement made by the Minister, inconsistent with the rights of the citizens, may not by itself be actionable.
    • It is not possible to extend this concept of collective responsibility to any and every statement orally made by a Minister outside the House of the People/Legislative Assembly.

    Way forward

    • Legal framework: A proper legal framework was necessary before taking action as a constitutional tort.
    • Political will: Parliament could enact legislation or code to restrain citizens in general and public functionaries in particular from making disparaging or vitriolic remarks against fellow citizens.
    • Code of conduct: Likewise, political parties should come up with a code of conduct to regulate and control the actions and speech of their functionaries and members.

     

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  • Sixth Schedule and Ladakh

    ladakh

    A high-powered committee to ensure protection of land and employment for the people of Ladakh does not address the demand for inclusion of State under the Sixth Schedule of the Constitution.

    What is the Sixth Schedule?

    • The Sixth Schedule under Article 244 provides for the formation of autonomous administrative divisions — Autonomous District Councils (ADCs).
    • ADCs have some legislative, judicial, and administrative autonomy within a state.
    • The Sixth Schedule applies to the NE states of Assam, Meghalaya, Mizoram (three Councils each), and Tripura (one Council).

    Composition of ADCs

    • ADCs have up to 30 members with a term of five years.
    • It can make laws, rules and regulations with regard to land, forest, water, agriculture, village councils, health, sanitation, village- and town-level policing, inheritance, marriage and divorce, social customs and mining, etc.
    • The Bodoland Territorial Council in Assam is an exception with more than 40 members and the right to make laws on 39 issues.

    Why does Ladakh want to be part of the Sixth Schedule?

    • Tribal populations: According to the 2011 Census, the tribal population in the UT of Ladakh is 79.61% of the total population.
    • Local aspirations: There was much enthusiasm initially, mostly in Leh, after the repeal of Art. 370 which created two new UTs.
    • Negligence in erstwhile J&K state: Buddhist-dominated Leh district had long demanded UT status because it felt neglected by the erstwhile state government.
    • Denial of Legislature: The enthusiasm waned as it was understood that while the UT of J&K would have a legislature, the UT of Ladakh would not.
    • Inadequate representation: The administration of the region is now completely in the hands of bureaucrats with only 1 MP.
    • New domicile criteria: The changed domicile policy in Jammu and Kashmir has raised fears in the region about its own land, employment, demography, and cultural identity.
    • Statehood demands: A coalition of social, religious, and political representatives in Leh and Kargil has demanded full statehood for Ladakh.

    Cultural significance of Ladakh

    • Ladakh is historically perceived as a cosmopolitan region with centuries of multiple cultural settings.
    • It was an Asian pivot – the people here traversed diverse cultural boundaries and engaged with ideas.

    Can Ladakh be included in Sixth Schedule?

    • NCST Recommends: In September 2019, the National Commission for Scheduled Tribes recommended the inclusion of Ladakh under the Sixth Schedule.
    • Distinct culture: It was predominantly tribal (more than 97%), people from other parts of the country had been restricted from purchasing or acquiring land there, and its distinct cultural heritage needed preservation.

    Legal hurdles

    • Fifth schedule as an alternative: The Constitution is very clear, Sixth Schedule is for the Northeast. For tribal areas in the rest of the country, there is the Fifth Schedule.
    • Exclusive provision for NE: Notably, no region outside the Northeast has been included in the Sixth Schedule.
    • Requires Constitutional Amendment: It remains the prerogative of the government. For this, a constitutional amendment is required.

     

    Try this question from CSP 2015:

    Q.The provisions in Fifth Schedule and Sixth Schedule in the Constitution of India are made in order to-

    (a) Protect the interests of Scheduled Tribes

    (b) Determine the boundaries between States

    (c) Determine the powers, authority and responsibilities of Panchayats

    (d) Protect the interests of all the Border States

     

    [wpdiscuz-feedback id=”auf90w3qys” question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

     

     

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  • Kalasa-Banduri Nala Project

    nala

    Karnataka’s decision to go ahead with a water diversion project on river Mahadayi has escalated its long-standing dispute on the issue with neighbouring Goa.

    What is the Kalasa-Banduri Nala Project?

    • The Kalasa Banduri Nala project aims to divert water from Mahadayi to satisfy the drinking water needs of Belagavi, Dharwad, Bagalkot and Gadag districts.
    • Though the project was first proposed in the early 1980s, it has remained on paper owing to a dispute between Karnataka, Goa and Maharashtra.
    • As per plans, barrages are to be built against Kalasa and Banduri streams — tributaries of Mahadayi — and water diverted towards Karnataka’s parched districts.

    The larger issue: Mahadayi dispute

    • Mahadayi originates inside the Bhimgad Wildlife Sanctuary in the Belagavi district of Karnataka and flows into the Arabian Sea in Goa.
    • Goa, under its then CM Manohar Parrikar, approached the Centre, urging it to assess the available resources in the river and allocate water to the three basin states — Goa, Maharashtra and Karnataka.
    • Due to the protests in Goa and also due to concerns over ecological damage, the project was put on hold by the then government.
    • The dispute gained steam in 2006, when Karnataka decided to start work on the project.
    • Goa then approached the Supreme Court, seeking the creation of a Tribunal to settle the water sharing dispute.
    • A Tribunal was finally set up by the UPA government in November 2010.

    What did the Tribunal award?

    • The Tribunal in 2018 awarded 13.42 TMC water from Mahadayi river basin to Karnataka, 1.33 TMC to Maharashtra and 24 TMC to Goa.
    • In Karnataka’s share, 5.5 TMC was to meet drinking water needs and 8.02 TMC was for hydro-electricity generation.
    • Of the 5.5 TMC, 3.8 TMC was to be diverted to Malaprabha basin through Kalasa and Banduri Nalas (canals).
    • This was notified by the Central government in February 2020.

    Issues raised with the Tribunals award

    • After the Tribunal award, Goa filed a Special Leave Petition in the Supreme Court in July 2019, challenging the quantum of allocation.
    • Subsequently, in October 2020, it filed a contempt petition before the SC, accusing Karnataka of illegally diverting water from the Mahadayi basin.
    • Civil appeals were also filed by Maharashtra over the dispute.

    Also read:

    In news: Interstate River Water Disputes Act, 1956

     

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  • India takes over leadership of the Asian Pacific Postal Union

    postal

    India took over the leadership of the Asian Pacific Postal Union (APPU) having its Headquarters in Bangkok, Thailand.

    About Asian Pacific Postal Union (APPU)

    • APPU is an intergovernmental organization of 32-member countries of the Asian-Pacific region.
    • It was formed by International treaty through an Asian-Pacific Postal Convention signed in Yogyakarta on 27 March 1981.
    • The organisation has origins dating back to 1961.
    • APPU is the only Restricted Union of the Universal Postal Union (UPU) in the region, which is a specialized agency of the United Nations.
    • Secretary General leads the activities of the Union and is also the Director of the Asian Pacific Postal College (APPC) which is the largest intergovernmental postal training institute in the region.

    Goals and objectives

    • The goal of APPU is to extend, facilitate and improve postal relations between member countries and to promote cooperation in the field of postal services.
    • As the regional center for various UPU projects, APPU also takes the lead in ensuring that all technical and operational projects of the UPU are fulfilled in the region.

    Significance of India’s chair

    • The Asia Pacific region accounts for around one-third of the world’s postal workforce and about half of the world’s mail volume.
    • India seeks to improve the regional coordination with postal players in the Asia Pacific region to improve the growth of the business through the postal network, to ensure the sustainability of the Union.
    • This is the first time an Indian is leading an international organization in the postal sector.

     

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  • Towards better Prison architecture

    Prison

    Context

    • Lieutenant-Governor of Delhi (L-G) Vinay Kumar Saxena directed the Delhi Development Authority (DDA) to allocate 1.6 lakh square metres of land to Delhi’s prison department to construct a district prison complex in Narela.

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    Background: Recent prison reform debate

    • Speech by president of India: At the Constitution Day celebrations organised by the Supreme Court in November 2022, President Draupadi Murmu shared a snippet of her journey with the audience.
    • Prisoners unaware of their rights: She reflected on her visits to prisons across India and the circumstances of those incarcerated. She highlighted that these individuals were often unaware of their fundamental rights and had been incarcerated for prolonged periods for minor offences, while their families, struggling with poverty, were unable to bail them out.
    • All organs of state must work together: President Murmu emphasised how the judiciary, executive, and legislature must work together to help them, and concluded by poignantly asking: How are we claiming that we are progressing as a nation, if we are still building prisons to address the issue of overcrowding?

    Prison

    What is the problematic architecture of Prison?

    • High security prison in Delhi: In phase 1, which is expected to be completed by April 2024, a high-security jail is to be built in the complex with a capacity to lodge 250 high-risk prisoners.
    • Stringent security measures: The prison administration has incorporated stringent security measures in the design such as constructing high walls between cells to prevent inmates from viewing others, and interacting with each other, as well as building office spaces between cells to facilitate surveillance.
    • Intention of torture: Architecture of prisons is often used as a tool to surveillance, torture, and break the souls of inmates.
    • Physical and mental health of prisoners: With this prison design, the Delhi prison administration is essentially creating solitary confinement which will have a severe detrimental effect on prisoners’ mental health.

    Prison

    Present condition of prisons in India

    • Governed by colonial act: Prisons in India are still governed by the Prisons Act, 1894, a colonial legislation which treats prisoners as sub-par citizens, and provides the legal basis for punishment to be retributive, rather than rehabilitative.
    • Caste biases in laws: These laws are also highly casteist, and remain largely unchanged since they were drafted by the British. For example, some jail manuals continue to focus on purity as prescribed by the caste system, and assign work in prison based on the prisoner’s caste identity.
    • Colonial mindset in prison governance: Organisations such as the Vidhi Centre of Legal Policy have taken us one step further in identifying colonial legal continuities that India must shred, and the manner in which she can do so.
    • SC/ST community suffers more: Furthermore, Dalits and Adivasis are over-represented in Indian prisons. The National Dalit Movement for Justice and the National Centre for Dalit Human Rights’ report ‘Criminal Justice in the Shadow of Caste’ explains the social, systemic, legal, and political barriers that contribute to this. Legislations such as the Habitual Offenders Act and Beggary Laws allow the police to target them for reported crimes.

    What should be way forward?

    • Preventive measures are necessary: We must take preventive measures before we realise that we have travelled far down this road, and have subjected several people to unnecessary trauma and confinement.
    • Prison reforms rather than more prisons: With the warning signs beseeching us, we must amplify President Murmu’s message on the need to de-carcerate and stop building more prisons, so that the L-G takes adequate steps in that direction.

    Conclusion

    • Many prisoners in India continue to suffer for petty crimes just because of lack education and legal assistance. More than 70% of them are economically poor people. Government must address the false cases by police and judicial delay before building more prisons.

    Mains Question

    Q. Critically examine the present condition of prisons in India? prisons reform should be prior step than building more prisons. Comment.

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  • Govt proposes Policy on Online Gaming

    The Ministry of Electronics and IT proposed an amendment to bring online gaming under the ambit of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

    Regulating Online Gaming

    The following draft amendments to the IT Act are being placed in the public for comments, feedback till January 17:

    • Due diligence: Online gaming intermediaries shall exercise due diligence to ensure that online games with gambling, betting are not permitted.
    • Withdrawals or refunds: Online gaming intermediaries shall inform users of policy for withdrawal or refund of deposit, distribution of winnings, applicable fees
    • Self-Regulatory Organisation: SRO will determine what constitutes prohibited wagering
    • Registration: Self-regulatory bodies will be registered with the MeitY
    • Online games: Self-regulatory bodies may register online games of intermediaries that are members and meet prescribe criteria.
    • Complaints’ redressal: Self-regulatory bodies will resolve complaints through a grievance redressal mechanism.

    What is online gaming?

    • Online gaming can refer to any type of game that someone can play through the Internet or over a computer network.
    • Most of the time, it refers to video games played over the Internet, where multiple players are in different locations across the world.
    • Online gaming also can refer to the idea of gambling over the Internet, through an online casino or an online poker room.

    Types of gaming

    • The types of online gaming include:
    1. E-sports (well-organized electronic sports which include professional players) ex. Chess
    2. Fantasy sports (choosing real-life sports players and winning points based on players’ performance) ex. MPL cricket
    3. Skill-based (mental skill) ex. Archery
    4. Gamble (based on random activity) ex. Playing Cards, Rummy

    Why is the online gaming industry booming in India?

    1. Digital India boom in the gaming industry
    2. Narrowing of the digital divide
    3. IT boom

    Other factors promoting the boom

    1. Growing younger population
    2. Higher disposable income
    3. Inexpensive internet data
    4. Introduction of new gaming genres, and
    5. Increasing number of smartphone and tablet users

    Prospects of online gaming

    • State List Subject:  The state legislators are, vide Entry No. 34 of List II (State List) of the Seventh Schedule, given exclusive power to make laws relating to betting and gambling.
    • Distinction in laws: Most Indian states regulate gaming on the basis of a distinction in law between ‘games of skill’ and ‘games of chance’.
    • Classification on dominant element: As such, a ‘dominant element’ test is utilized to determine whether chance or skill is the dominating element in determining the result of the game.
    • Linked economic activity: Staking money or property on the outcome of a ‘game of chance’ is prohibited and subjects the guilty parties to criminal sanctions.
    • ‘Game of Skill’ debate: Placing any stakes on the outcome of a ‘game of skill’ is not illegal per se and may be permissible. It is important to note that the Supreme Court recognized that no game is purely a ‘game of skill’ and almost all games have an element of chance.

    Need for regulation

    • No comprehensive regulation:  India currently has no comprehensive legislation with regards to the legality of online gaming or boundaries that specify applicable tax rates within the betting and gambling industry.
    • Ambiguity of the sector: The gaming sector is nascent and is still evolving, and many states are bringing about legislation seeking to bring about some order in the online gaming sector.
    • State list subject: Online gaming in India is allowed in most parts of the country. However, different states have their own legislation with regards to whether online gaming is permitted.
    • Economic advantage: Well-regulated online gaming has its own advantages, such as economic growth and employment benefits.

    Issues with online gaming

    • Gaming addiction: Numerous people are developing an addiction to online gaming. This is destroying lives and devastating families.
    • Compulsive gaming: Gaming by children is affecting their performance in schools and impacting their social lives & relationships with family members. Ex. PUBG
    • Impact on psychological health: Online games like PUBG and the Blue Whale Challenge were banned after incidents of violence and suicide.
    • Threat to Data privacy: Inadvertent sharing of personal information can lead to cases of cheating, privacy violations, abuse, and bullying.
    • Betting and gambling: Online games based on the traditional ludo, arguably the most popular online game in India, have run into controversy, and allegations of betting and gambling.

    Why hasn’t a comprehensive law yet materialized?

    • Earlier, states like Tamil Nadu, Telangana, Andhra Pradesh, and Karnataka also passed laws banning online games.
    • However, they were quashed by state High Courts on grounds that an outright ban was unfair to games of skill:
    1. Violation of fundamental rights of trade and commerce, liberty and privacy, speech and expression;
    2. Law being manifestly arbitrary and irrational insofar as it did not distinguish between two different categories of games, i.e. games of skill and chance;
    3. Lack of legislative Competence of State legislatures to enact laws on online skill-based games.

    Way forward

    • Censoring: Minors should be allowed to proceed only with the consent of their parents — OTP verification on Aadhaar could resolve this.
    • Awareness: Gaming companies should proactively educate users about potential risks and how to identify likely situations of cheating and abuse.
    • Regulating mechanism: A Gaming Authority in the central government should be created.
    • Accountability of the gaming company: It could be made responsible for the online gaming industry, monitoring its operations, preventing societal issues, suitably classifying games of skill or chance, overseeing consumer protection, and combatting illegality and crime.
    • All-encompassing legislation: the Centre should formulate an overarching regulatory framework for online games of skill. India must move beyond skill-versus-chance debates to keep up with the global gaming industry.

     

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  • Contamination of medicine: India; The Pharmacy of the world needs a relook in drug regulations

    medicine

    Context

    • Merely two months after the World Health Organisation (WHO) sounded an alert over deadly contamination in four brands of cough syrup manufactured by a Sonepat-based pharmaceutical company that were subsequently linked to the deaths of 72 children in Gambia, another Indian pharmaceutical company stands accused of a similar crime. This time, it is Uzbekistan which has accused a Noida-based pharmaceutical company of selling contaminated cough syrup that has allegedly killed 18 children in that country.

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    Thorough analysis

    • Unacceptable levels of Ethylene/ Diethylene glycol: In both cases, lab tests reportedly found unacceptable levels of diethylene glycol (DEG) or ethylene glycol (EG) or both in the cough syrups.
    • Ideally these chemicals should not be found in any medicine: Both DEG and EG are deadly chemicals that should not be found in any medicine.
    • Then how these chemicals end up in medicines: The typical reason these chemicals end up in medicine is because pharmaceutical manufacturers do not adequately test industrial solvents purchased from chemical traders and used to manufacture cough syrups despite the fact that the law mandates such testing for contamination.
    • Proximity in two cases: Given the physical proximity of the manufacturers implicated in the Gambian and Uzbekistan cases, there is a very high possibility that the same batch of contaminated industrial solvent was used by both companies.

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    Contamination of medicines in India

    • India has a tumultuous history of DEG contamination in medicines: Between 1972 and 2020, India has seen at least five mass DEG poisonings in Chennai, Mumbai, Bihar, Gurgaon and Jammu. The incident in Gurgaon led to the death of 33 children and the incident in Jammu of at least 11 children.
    • Difficult to diagnose deaths due to adulterated medicine: The final reported toll in such cases is definitely an undercount because it is notoriously difficult for doctors to diagnose such deaths and attribute them to adulterated medicine.
    • Lethargy and denial is a pattern with drug regulators in India: In August 2020, about eight months after the DEG-related deaths of the children in Jammu were first reported by PGIMER, Chandigarh, the same hospital reported that another two-year-old child from Baddi had died in its facility after consuming a different brand of cough syrup manufactured by the same company that was responsible for the deaths earlier in Jammu. This was a death that could have been easily avoided if the regulators had conducted and published a thorough root cause analysis after the Jammu incident and followed it up by a nationwide recall of all cough syrups manufactured at the same facility. This never happened.

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    Critique: Whether the Ministry of Health and the Central Drugs Standard Control Organization have learnt their lessons from these previous incidents?

    • Government will handle the issue just as any other public relation crisis: The present government is likely to handle this crisis as yet another public relations crisis instead of a public health crisis. Assumption is based on the observation of the official response from the government to the tragedy in Gambia.
    • Instead of condoling, accused them for not testing before prescribing: Far from condoling the deaths of 72 Gambians, the initial press release from the Ministry of Health gaslit the Gambians by accusing them of not testing the cough syrups before prescribing them to patients.
    • False presumption that the drug regulator is doing its job well: This was an absurd allegation because nobody tests drugs that are purchased before releasing them for patient use, even in India. The presumption is that the drug regulator is doing its job to ensure quality control.
    • Government’s information czars accusing WHO: The first step of this PR strategy was to keep leaking to journalists that the WHO was not co-operating with the information requests made by an expert committee set up by the Government of India to investigate the deaths in Gambia. This despite the government fully knowing that the responsibility of investigating the deaths lay not with the WHO but with the sovereign authorities in Gambia.
    • Rare mention of sympathy: The common thread running through these events is a communications strategy aimed at denial and intimidation. There is rarely a mention of sympathy for lives lost or a commitment to protect public health.
    • Even China does better than India: An iron fist in a titanium glove is the best way to describe the government’s response to any allegations of quality issues afflicting the Indian pharmaceutical industry. In 2007, when a Chinese chemicals manufacturer was implicated in the deaths of 365 people in Panama who consumed cough syrup manufactured with an adulterated industrial solvent, the Chinese arrested the manufacturer and publicly promised to punish him.

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    What should be done immediately?

    • The immediate public health response in these cases of DEG contamination should be aimed at limiting further deaths.
    • This means tracing the origins of the contaminated industrial solvent used to manufacture the syrups.

    Conclusion

    • What India needs right at the moment is to accept the fact that there is a major quality problem with the Indian pharmaceutical industry. Allegations cannot be morphed from one to another. Perhaps the need of the hour is to have meaningful and comprehensive conversation on actual regulatory reform.

    Mains question

    Q. It is said that India has a tumultuous history of DEG contamination in medicines. The recent deaths in Gambia and Uzbekistan supports this statement. What the critique has to say over India’s response in such cases.

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  • India’s global superpower ambition and an opportunity to lead the world

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    Context

    • In September 2014, in his first meeting with President Barack Obama, Prime Minister Narendra Modi talked about making the US a principal partner in the realization of India’s rise as a responsible, influential world power. This was in a way the first time that any Indian prime minister had talked about the country’s ambition to grow into a responsible, influential world power.

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    India in World politics

    • India is not new to playing a proactive role in world politics: Right from Independence, India’s leadership had actively pursued an agenda that favoured the interests of developing or less developed countries.
    • India took a form stand against the domination of developed countries: Whether it was the GATT negotiations or the Non-Proliferation Treaty, India took a principled stand and stood up to the policy domination of the developed world.
    • India as a protector of developing world: India’s role as the protector of the interests of the developing world during WTO negotiations has been significant.
    • For instance: Murasoli Maran, as the Minister of Commerce in the Vajpayee government, played a very critical role in preventing developed countries from pushing through their trade and commercial agendas. The UPA government continued that approach, inviting opprobrium and occasional isolation from the interested players. However, that didn’t deter India from opposing agendas that were seen as against the interests of not only its people but also the larger developing world.
    • India added moral dimension to the developing world but seen as obstructionist: India’s significant contribution in all these fora was that it added a moral dimension to the developed world’s monetary vision. However, India, in the process, acquired the image of being a nay-sayer and obstructionist.

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    India’s smart shift in its approach

    • Stated playing proactive role: While standing up for the developing world and zealously upholding its strategic autonomy, India started playing a proactive role in finding solutions.
    • Paris climate summit provided a major opportunity: The Paris Climate Summit in 2015 provided the first major opportunity for India to highlight its new priorities. It played a pivotal role in clinching the climate deal while ensuring that the interests of the developing world are not compromised.
    1. India’s stand in the words of PM Modi: PM PM Modi cogently articulated this stand on the eve of the Summit: “Justice demands that, with what little carbon we can safely burn, developing countries are allowed to grow. The lifestyles of a few must not crowd out opportunities for the many still on the first steps of the development ladder.” India’s efforts resulted in developed countries agreeing to the principle of “common and differentiated responsibility”.
    2. India successfully convinced developed countries for INDCs: India also convinced developed countries to agree to the formulation of not externally imposed targets but “intended nationally determined contributions” or INDCs.
    • India emerged as a powerful player during Covid pandemic response through “Vaccine Maitri”: India’s arrival on the global stage as an important player was further augmented by its constructive response during the Covid pandemic. Besides undertaking the massive exercise of vaccinating its billion-plus citizens, India came to the rescue of more than 90 countries by ensuring a timely supply of vaccines through its “Vaccine Maitri” programme.
    • Commendable economic recovery in post-Covid world: India’s growing importance is conspicuous in many areas. Its post-Covid economic recovery has been commendable, with the World Bank even revising its projections for 2022 GDP growth from 6.5 per cent to 6.9 per cent. The IMF estimated it to be at 6.8 per cent while the rest of the world was projected to grow at 4.9 per cent.

    India in a new year

    • Stronger ties with African nations: The India Africa Forum Summit (IAFS), started in 2008 as a triennial event by then Prime Minister Manmohan Singh, met for the third time in 2015 in Delhi. PM Modi took a special interest in cultivating stronger ties with African nations which led to the highest-ever participation in the Summit. It is important to revive the process.
    • India’s crucial role in Russia-Ukraine war: At the Bali G20 Summit, India played a crucial role in ensuring that both Russia and its critics like the US had their say on the Russia-Ukraine war in a dignified way without being interrupted. On its part, India conveyed to the Russian leadership that it was not a time for war. The new year will bring an opportunity before India to play a role in ending the war.
    • Opportunity to set new agenda for global public good: As G20 chair, India has the opportunity to set a new agenda before the world’s most powerful block of nations. In the past, it always worked for the judicious sharing of global public goods. It is time now to undertake similar efforts for global digital and genetic goods.

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    Way ahead

    • India must continue to act as voice of global south: While striving to achieve its ambition, India must not lose sight of the principles that it always championed. It must continue to act as the voice of the Global South.
    • Focus on neighbourhood must increase: India’s diplomatic, strategic and political investments in its neighbourhood and Asia, Africa and Latin America must increase.
    • Attention in ASEAN IOR must grow: With SAARC failing and BIMSTEC remaining a non-starter, India’s attention to the ASEAN and Indian Ocean neighbourhood must grow. India’s Act East policy needs more teeth.
    • India must bring moralist dimensions in new tech developments: India always upheld moralism in global politics. In climate talks, too, the Indian side is resorting to traditional wisdom to achieve global good. India must bring that moralist dimension to new technological developments.
    • India must lead to regulate technologies for humanity’s future: The advent of artificial intelligence and genetic manipulation technologies is going to throw the world into turmoil. If not regulated globally on time, these technologies are going to play havoc with humanity’s future.

    Conclusion

    • The country is entering the new year on a buoyant note. The leadership of important multilateral bodies including the G20 and SCO has come into its hands. The new year is thus going to provide India with the opportunity to fulfil its world power ambition. However, opportunities come with challenges. China may try to curtail India’s ambitions by keeping the border tense. India needs to maintain harmonious balance.

    Mains question

    Q. From wars to the economy to climate, India has become integral to the contemporary global discourse. What will India need to do to fulfil its global superpower ambitions in the new year?

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