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GS Paper: GS2

  • EU member states agrees on Digital Services Act (DSA)

    The European Parliament and European Union (EU) Member States announced that they had reached a political agreement on the Digital Services Act (DSA).

    What is DSA?

    • DSA is a landmark legislation to force big Internet companies to act against disinformation and illegal and harmful content, and to “provide better protection for Internet users and their fundamental rights”.
    • The Act, which is yet to become law, was proposed by the EU Commission (anti-trust) in December 2020.
    • As defined by the EU Commission, the DSA is “a set of common rules on intermediaries’ obligations and accountability across the single market”.
    • It seeks to ensure higher protection to all EU users, irrespective of their country.
    • The proposed Act will work in conjunction with the EU’s Digital Markets Act (DMA), which was approved last month.

    Whom will the DSA apply?

    • Intermediaries: The DSA will tightly regulate the way intermediaries, especially large platforms such as Google, Facebook, and YouTube, function when it comes to moderating user content.
    • Abusive or illegal content: Instead of letting platforms decide how to deal with abusive or illegal content, the DSA will lay down specific rules and obligations for these companies to follow.
    • Ambit platforms: The legislation brings in its ambit platforms that provide Internet access, domain name registrars, hosting services such as cloud computing and web-hosting services.
    • Very large platforms: But more importantly, very large online platforms (VLOPs) and very large online search engines (VLOSEs) will face “more stringent requirements.”
    • 45 million monthly users-base: Any service with more than 45 million monthly active users in the EU will fall into this category. Those with under 45 million monthly active users in the EU will be exempt from certain new obligations.

    Key features

    A wide range of proposals seeks to ensure that the negative social impact arising from many of the practices followed by the Internet giants is minimised or removed:

    1. Faster removal of illicit content: Online platforms and intermediaries such as Facebook, Google, YouTube, etc will have to add “new procedures for faster removal” of content deemed illegal or harmful. This can vary according to the laws of each EU Member State.
    2. Introduction of Trusted Flaggers: Users will be able to challenge these takedowns as well. Platforms will need to have a clear mechanism to help users flag content that is illegal. Platforms will have to cooperate with “trusted flaggers”.
    3. Imposition of duty of care: Marketplaces such as Amazon will have to “impose a duty of care” on sellers who are using their platform to sell products online. They will have to “collect and display information on the products and services sold in order to ensure that consumers are properly informed.”
    4. Annual audit of big platforms: The DSA adds an obligation for very large digital platforms and services to analyse systemic risks they create and to carry out risk reduction analysis. This audit for platforms like Google and Facebook will need to take place every year.
    5. Promoting independent research: The Act proposes to allow independent vetted researchers to have access to public data from these platforms to carry out studies to understand these risks better.
    6. Ban ‘Dark Patterns’ or “misleading interfaces: The DSA proposes to ban ‘Dark Patterns’ or “misleading interfaces” that are designed to trick users into doing something that they would not agree to otherwise.
    7. Transparency of Algorithms: It also proposes “transparency measures for online platforms on a variety of issues, including on the algorithms used for recommending content or products to users”.
    8. Easy cancellation of subscription: Finally, it says that cancelling a subscription should be as easy as subscribing.
    9. Protection of minors: The law proposes stronger protection for minors, and aims to ban targeted advertising for them based on their personal data.
    10. Crisis mechanism clause: This clause will make it “possible to analyse the impact of the activities of these platforms” on the crisis, and the Commission will decide the appropriate steps to be taken to ensure the fundamental rights of users are not violated.
    11. Others: Companies will have to look at the risk of “dissemination of illegal content”, “adverse effects on fundamental rights”, “manipulation of services having an impact on democratic processes and public security”, “adverse effects on gender-based violence, and on minors and serious consequences for the physical or mental health of users.”

    Bar over Social Media

    • It has been clarified that the platforms and other intermediaries will not be liable for the unlawful behaviour of users.
    • So, they still have ‘safe harbour’ in some sense.
    • However, if the platforms are “aware of illegal acts and fail to remove them, they will be liable for this user behaviour.
    • Small platforms, which remove any illegal content they detect, will not be liable.

    Are there any such rules in India?

    • India last year brought the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
    • These rules make the social media intermediary and its executives liable if the company fails to carry out due diligence.
    • Rule 4 (a) states that significant social media intermediaries — such as Facebook or Google — must appoint a chief compliance officer (CCO), who could be booked if a tweet or post that violates local laws is not removed within the stipulated period.
    • India’s Rules also introduce the need to publish a monthly compliance report.
    • They include a clause on the need to trace the originator of a message — this provision has been challenged by WhatsApp in the Delhi High Court.

     

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  • Explained: Arunachal-Assam Boundary Dispute

    Less than a month after the Union government gave the seal of approval to an agreement to partially resolve the disputed sectors on the Assam-Meghalaya border, Arunachal Pradesh CM and his Assam counterpart decided to form district-level committees for settling their inter-state boundary disputes.

    Arunachal-Assam Boundary Dispute

    • Assam has had boundary disputes with all the north-eastern states that were carved out of it.
    • While Nagaland became a State in 1963, Meghalaya first became an Autonomous State in 1970 and a full-fledged State in 1972.
    • Arunachal Pradesh and Mizoram were separated from Assam as Union Territories in 1972 and as States in 1987.
    • None of the new States accepted the “constitutional boundary” that they said was dictated by the partisan administration of undivided Assam without consulting the tribal stakeholders.
    • They also claimed that the disputed areas were traditionally under the control of tribal chieftains before Assam, post-India’s independence, inherited the “imaginary boundaries” drawn during British rule.
    • The issue with Arunachal Pradesh has more to do with a 1951 report prepared by a sub-committee headed by Assam’s first Chief Minister, Gopinath Bordoloi.

    Genesis of the dispute

    • Arunachal Pradesh and Assam have disputes at about 1,200 points along their 804 km boundary.
    • The disputes cropped up in the 1970s and intensified in the 1990s with frequent flare-ups along the border.
    • However, the issue dates back to 1873 when the British government introduced the inner-line permit vaguely separating the plains from the frontier hills.
    • This area became the North-East Frontier Agency (NEFA) in 1954, three years after a notification based on the 1951 report saw 3,648 sq. km of the “plain” area of Balipara and Sadiya foothills being transferred to the Darrang and Lakhimpur districts of Assam.
    • Arunachal has been celebrating its statehood with an eye on China since 1987, but what has been causing resentment is the inability of the people living in the transferred patches.
    • Leaders in Arunachal Pradesh claim the transfer was done arbitrarily without consulting its tribes who had customary rights over these lands.
    • Their counterparts in Assam say the 1951 demarcation is constitutional and legal.

    Earlier attempts for resolving dispute

    • There were several efforts to demarcate the boundary between Assam and NEFA/Arunachal Pradesh between 1971 and 1974.
    • To end the stalemate, a high-powered tripartite committee involving the Centre and the two States was formed in April 1979 to delineate the boundary based on Survey of India maps.
    • About 489 km of the inter-state boundary north of the Brahmaputra River was demarcated by 1984, but Arunachal did not accept the recommendations and staked claim to much of the areas transferred in 1951.
    • Assam objected and approached the Supreme Court in 1989, accusing Arunachal Pradesh of “encroachment”.
    • The apex court-appointed a local boundary commission in 2006 headed by one of its retired judges.
    • In its September 2014 report, this commission recommended that Arunachal Pradesh should get back some of the areas transferred in 1951. However, this did not work out.

    Way forward

    • Following the model adopted in the exercise to resolve the dispute with Meghalaya, Assam and Arunachal Pradesh have agreed to form district-level committees.
    • They will be tasked with undertaking joint surveys in the disputed sectors to find tangible solutions to the long-pending issue based on historical perspective, ethnicity, contiguity, people’s will and administrative convenience.
    • The two States have decided to form 12 such committees involving the districts sharing the boundary. Assam has eight districts touching the boundary with Arunachal Pradesh, which has 12 such districts.

    Conclusion

    • The Assam-Meghalaya boundary agreement has raised hopes of the Assam-Arunachal boundary dispute being resolved.
    • This is especially in light of egging the north-eastern States to end their territorial issues once and for all by August 15, 2022, when the country celebrates 75 years of independence.
    • Moreover, there is a general belief that the region’s sister-States are in a better position to fast-track the resolution since they are ruled by the present regime with the same dispensation at the Centre.

     

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  • TN clips Governor’s power to appoint VCs

    The Tamil Nadu Assembly has adopted two Bills that seek to empower the government to appoint Vice-Chancellors (VCs) to 13 State universities under the aegis of the Higher Education Department by amending the respective Acts.

    Role of Governors in State Universities

    • In most cases, the Governor of the state is the ex-officio chancellor of the universities in that state.
    • Its powers and functions as the Chancellor are laid out in the statutes that govern the universities under a particular state government.
    • Their role in appointing the Vice-Chancellors has often triggered disputes with the political executive.

    Who is a Chancellor of a University?

    • In India, almost all universities have a chancellor as their titular head whose function is largely ceremonial.
    • The governor of the state, appointed as the union’s representative of state by the president, is the honorary chancellor of all State owned universities.
    • The de facto head of any government university is the vice-chancellor.
    • In private non-profit universities, normally the head of the foundation who has established the university is the chancellor of the university and is the head of the university.

    What about Central Universities?

    • Under the Central Universities Act, 2009, and other statutes, the President of India shall be the Visitor of a central university.
    • With their role limited to presiding over convocations, Chancellors in central universities are titular heads, who are appointed by the President in his capacity as Visitor.
    • The VCs too are appointed by the Visitor from panels of names picked by search and selection committees formed by the Union government.
    • The Act adds that the President, as Visitor, shall have the right to authorize inspections of academic and non-academic aspects of the universities and also to institute inquiries.

    What are the highlights of the TN Bills?

    • The Bills passed in Tamil Nadu stress that “every appointment of the Vice-Chancellor shall be made by the Government from out of a panel of three names” recommended by a search-cum-selection committee.
    • Currently, the Governor, in his capacity as the Chancellor of state universities, has the power to pick a VC from the shortlisted names.
    • The Bills also seek to empower the state government to have the final word on the removal of VCs, if needed.
    • Removal will be carried out based on inquiries by a retired High Court judge or a bureaucrat who has served at least as a Chief Secretary, according to one of the Bills.

    Are other states trying to curtail the Governor’s role in appointing VCs?

    • In December, the Maharashtra Assembly passed a Bill amending the Maharashtra Public Universities Act, 2016.
    • Under the original Act, the Maharashtra government had no say in the appointment of VCs.
    • If the changes take effect, the Governor will be given two names to choose from by the state government.
    • In 2019, the West Bengal government took away the Governor’s authority in appointing VCs to state universities.
    • It has also hinted at removing the Governor as the Chancellor of the universities.
    • But all such motives have been challenged by the University Grants Commission (UGC).

    What is at the root of the differences?

    • In West Bengal, Maharashtra and Tamil Nadu, the elected governments have repeatedly accused the Governors of acting at the behest of the Centre on various subjects, including education.
    • The regulations, which differ from state to state, are often open to interpretation and disputes are routine.
    • In fact, the TN Bills make a case for giving the state government the upper hand in the VC appointment process by citing the examples of Gujarat and Telangana.
    • In Karnataka, Jharkhand and Rajasthan, state laws underline the need for concurrence between the state and the Governor.
    • The terms “concurrence” or “consultation” are absent from state legislation in most cases.

    What is the UGC’s role in this?

    • Education comes under the Concurrent List.
    • But entry 66 of the Union List states — “coordination and determination of standards in institutions for higher education or research and scientific and technical institutions”.
    • This gives the Centre substantial authority over higher education.
    • The UGC plays that standard-setting role, even in the case of appointments in universities and colleges.
    • According to the UGC Regulations, 2018, the “Visitor/Chancellor” — mostly the Governor in states — shall appoint the VC out of the panel of names recommended by search-cum-selection committees.
    • Higher educational institutions, particularly those that get UGC funds, are mandated to follow its regulations.
    • These are usually followed without friction in the case of central universities, but are sometimes resisted by the states in the case of state universities.

    Judicial observations in this regard

    • A Bench of Justices M R Shah and B V Nagarathna said “any appointment as a VC contrary to the provisions of the UGC Regulations can be said to be in violation of the statutory provisions, warranting a writ of quo warranto”.
    • It said every subordinate legislation of the UGC, in this case the one on minimum standards on appointments, flows from the parent UGC Act, 1956.
    • Therefore, being a subordinate legislation, UGC Regulations become part of the Act.
    • In case of any conflict between state legislation and central legislation, central legislation shall prevail by applying the rule/principle of repugnancy as enunciated in Article 254 of the Constitution.
    • It reiterated that the subject ‘education’ is in the Concurrent List of the Seventh Schedule of the Constitution.

     

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  • Places in news: Kuril Islands

    Japan has recently described the Kuril Islands (which Japan calls the Northern Territories and Russia as the South Kurils) as being under Russia’s “illegal occupation”.

    Note the Islands of Japan in North to South Direction:  Hokkaido, Honshu , Shikoku, and Kyushu

    What are the Kuril Islands/ Northern Territories?

    • These are a set of four islands situated between the Sea of Okhotsk and the Pacific Ocean near the north of Japan’s northernmost prefecture, Hokkaido.
    • Both Moscow and Tokyo claim sovereignty over them though the islands have been under Russian control since the end of World War II.
    • The Soviet Union had seized the islands at the end of World War II and by 1949 had expelled its Japanese residents.
    • Tokyo claims that the disputed islands have been part of Japan since the early 19th century.

    Why in news?

    • This is the first time in about two decades that Japan has used this phrase to describe the dispute over the Kuril Islands.
    • Japan had been using softer language since 2003, saying that the dispute over the islands was the greatest concern in Russia-Japan bilateral ties.

    What lies behind the dispute?

    • Japan’s sovereignty over the islands is confirmed by several treaties since 1855.
    • Russia, on the other hand, claims the Yalta Agreement (1945) and the Potsdam Declaration (1945) as proof of its sovereignty.
    • It argues that the San Francisco Treaty of 1951 is legal evidence that Japan had acknowledged Russian sovereignty over the islands.
    • Under Article 2 of the treaty, Japan had “renounced all right, title and claim to the Kuril Islands.”
    • However, Japan argues that the San Francisco Treaty cannot be used here as the Soviet Union never signed the peace treaty.

    Continuing the WW2

    • In fact, Japan and Russia are technically still at war because they have not signed a peace treaty after World War II.
    • In 1956, during Japanese PM Ichiro Hatoyama’s visit to the Soviet Union, it was suggested that two of the four islands would be returned to Japan once a peace treaty was signed.
    • However, persisting differences prevented the signing of a peace treaty though the two countries signed the Japan-Soviet Joint Declaration, which restored diplomatic relations between the two nations.
    • The Soviet Union later hardened its position, even refusing to recognise that a territorial dispute existed with Japan.
    • It was only in 1991 during Mikhail Gorbachev’s visit to Japan that the USSR recognised that the islands were the subject of a territorial dispute.

    Have there been attempts at resolution?

    • Since 1991, there have been many attempts to resolve the dispute and sign a peace treaty.
    • The most recent attempt was under PM Shinzo Abe when joint economic development of the disputed islands was explored.
    • In fact, both countries had agreed to have bilateral negotiations based on the 1956 Japan-Soviet Joint Declaration.
    • Russia was even willing to give back two islands, the Shikotan Island and the Habomai islets, to Japan after the conclusion of a peace treaty as per the 1956 declaration.
    • Japan’s attempt to improve ties with Russia was driven by its need to diversify energy sources and Russia by its need to diversify its basket of buyers and bring in foreign investments.
    • But nationalist sentiments on both sides prevented resolution of the dispute.

    Implications for Japan

    • Soon after the Russian invasion of Ukraine, Japan made its unhappiness with Russia clear.
    • Japan has been among the most steadfast of Western allies in denouncing Russian aggression and punishing it with sanctions.
    • Japan has probably been spurred by its fears of a Russia-China alliance as Japan itself has territorial disputes and an uneasy history with China.
    • Secondly, Japan might have felt that this is a good opportunity to further isolate Russia and paint it as a “habitual offender” of international law.
    • Finally, Tokyo might have been prompted to take this position as it feels that the invasion of Ukraine proves that getting back the Kuril Islands is a lost cause.

     

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  • Settling India’s COVID-19 mortality data

    Context

    Over the last year, the World Health Organization (WHO) has been busy, in an unprecedented effort, to calculate the global death toll from COVID-19.

    Revision of Covid-19 death toll by WHO

    • Globally from an estimated six million reported deaths, WHO now estimates these deaths to be closer to almost triple the number.
    • The new estimates also take into account formerly uncounted deaths, but also deaths resulting from the impact of COVID-19.
    • For example, millions who could not access care, i.e., diagnosis or treatment due to COVID-19 restrictions or from COVID-19 cases overwhelming health services.
    • India’s stand: India is in serious disagreement with the WHO-prepared COVID-19 mortality estimates.
    • The argument being made by India’s health establishment through a public clarification is that this is an overestimation, and the methodology employed is incorrect.

    India’s Covid response

    • India’s COVID-19 response has been replete with delays and denials.
    • For instance, for the longest time that India’s COVID-19 number rose, the health establishment continued to insist that community transmission was not under way.
    • It took months and several lakh cases before they agreed that COVID-19 was finally in community transmission.
    • The devastation of the second wave showed how unprepared we were to combat the deadly Delta variant.
    •  By the time the wave subsided, India’s population was devastated, and helpless, seeing dignity neither in disease nor in death.

    Conclusion

    The figures ratchet up not only issues of administrative but also moral accountability for governments that they have been previously side stepped.

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  • Finding workable solutions to India-Sri Lanka fisheries issue

    Context

    After a gap of 15 months, the India-Sri Lanka Joint Working Group (JWG) on fisheries held its much-awaited deliberations (in virtual format) on March 25.

    Background of the issue

    • As sections of fishermen from the Palk Bay bordering districts of Tamil Nadu continue to transgress the International Maritime Boundary Line (IMBL), cases of many of them getting arrested and their boats being impounded by the Sri Lankan authorities continue.
    • Apart from poaching in the territorial waters of Sri Lanka, the use of mechanised bottom trawlers is another issue that has become a bone of contention between the fishermen of the two countries; the dispute is not just between the two states.
    • Use of mechanised bottom trawlers: This method of fishing, which was once promoted by the authorities in India, is now seen as being extremely adverse to the marine ecology, and has been acknowledged so by India.
    • The actions of the Tamil Nadu fishermen adversely affect their counterparts in the Northern Province.
    • Reason for transgression: The fishermen of Tamil Nadu experience a genuine problem — the lack of fishing areas consequent to the demarcation of the IMBL in June 1974.
    • If they confine themselves to Indian waters, they find the area available for fishing full of rocks and coral reefs besides being shallow.
    • Under the Tamil Nadu Marine Fishing Regulation Act 1983, mechanised fishing boats can fish only beyond 3 NM from the coast.
    • This explains the trend of the fishermen having to cross the IMBL frequently.

    Way forward

    • Transition to deep-sea fishing: While Indian fishermen can present a road map for their transition to deep sea fishing or alternative methods of fishing, the Sri Lankan side has to take a pragmatic view that the transition cannot happen abruptly.
    • In the meantime, India will have to modify its scheme on deep-sea fishing to accommodate the concerns of its fishermen, especially those from Ramanathapuram district, so that they take to deep-sea fishing without any reservation.
    • Alternative livelihood measures: There is a compelling need for the Central and State governments to implement in Tamil Nadu the Pradhan Mantri Matsya Sampada Yojana in a proactive manner.
    • The scheme, which was flagged off two years ago, covers alternative livelihood measures too including seaweed cultivation, open sea cage cultivation, and sea/ocean ranching.
    • During Mr. Jaishankar’s visit, India had signed a memorandum of understanding with Sri Lanka for the development of fisheries harbours.
    • This can be modified to include a scheme for deep-sea fishing to the fishermen of the North.
    • Joint research on fisheries: . It is a welcome development that the JWG has agreed to have joint research on fisheries, which should be commissioned at the earliest.
    • Institutional mechanism: Simultaneously, the two countries should explore the possibility of establishing a permanent multi-stakeholder institutional mechanism to regulate fishing activity in the region.
    • Using common thread of culture, language and religion: The people of the two countries in general and fisherfolk in particular have common threads of language, culture and religion, all of which can be used purposefully to resolve any dispute.

    Conclusion

    What everyone needs to remember is that the fisheries dispute is not an insurmountable problem. A number of options are available to make the Palk Bay not only free of troubles but also a model for collaborative endeavours in fishing.

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  • India can be the fulcrum of the new global order

    Context

    As Mahatma Gandhi’s nation, India must be a committed and relentless apostle of peace and non-violence, both at home and in the world.

    How the Russia-Ukraine conflict is reshaping the world order

    • Ever since the fall of the Berlin Wall in 1989, a paradigm of free societies, frictionless borders and open economies evolved to be the governing order in many nations.
    • This catalysed freer movement of people, goods, services and capital across the world.
    • India too has benefited enormously from being an active participant in this interconnected world, with a tripling of trade (as share of GDP) in the last three decades and providing vast numbers of jobs.
    • Such tight inter-dependence among nations will lead to fewer conflicts and promote peace, was the established wisdom.
    • The Russia-Ukraine conflict has dismantled this wisdom.
    • Mutually beneficial to mutually harmful: If inter-connectedness and trade among nations were mutually beneficial, then it follows that its disruption and blockade will be mutually harmful.
    • Global Village was built on the foundation of advanced transportation networks, cemented with the U.S. dollar as the reserve currency and fenced by integrated payment systems.
    • Any disruption to this delicate balance runs the risk of plunging the ‘Global Village’ into disequilibrium and derailing the lives of all.

    Trade opportunity for India

    • Trade with other nations should and will always be an integral cornerstone of India’s economic future.
    • A reversal towards isolationism and protectionism will be foolhardy and calamitous for India.
    • As the western bloc of nations looks to reduce dependence on the Russia-China bloc of nations, it presents newer avenues for India to expand trade.
    • It presents a tremendous opportunity for India to become a large producing nation for the world and a global economic powerhouse.
    • However, to capitalise on these opportunities, India needs free access to these markets, an accepted and established global currency to trade in and seamless trade settlements.

    Suggestions for India

    1] Bilateral currency agreements are unsustainable

    • The American dollar has emerged as the global trade currency, bestowing an ‘exorbitant privilege’ on the dollar.
    • But a forced and hurried dismantling of this order and replacing it with rushed bilateral local currency arrangements can prove to be more detrimental for the global economy in the longer run.
    • We had an Indian rupee-Russian rouble agreement in the late 1970s and 1980s, when we mutually agreed on exchange rates for trading purposes.
    • Now, with India’s robust external sector, a flourishing trading relationship with many nations and tremendous potential to expand trade, such bilateral arrangements are unsustainable, unwieldy, and perilous.

    2] Avoid discounted commodity purchases from Russia

    • In the long run, India stands to gain more from unfettered access to the western bloc markets for Indian exports under the established trading order than from discounted commodities purchased under new bilateral currency arrangements that seek to create a new and parallel global trade structure.
    • It entails a prolonged departure from the established order of dollar-based trade settlement or jeopardises established trading relationships with western bloc markets, it can have longer term implications for India’s export potential.

    3] Non-disruptive geo-economic policy

    • India needs not just a non-aligned doctrine for the looming new world order but also a non-disruptive geo-economic policy that seeks to maintain the current global economic equilibrium.
    •  By the dint of its sheer size and scale, India can be both a large producer and a consumer.
    • To best utilise this opportunity, India needs not just cordial relationships with nations on either side of the new divide but also a stable and established global economic environment.

    4] Social harmony is a must

    • Just as it is in India’s best interests to balance the current geo-economic equilibrium, it is also imperative for India to maintain its domestic social equilibrium.
    • Social harmony is the edifice of economic prosperity.
    • Fanning mutual distrust, hate and anger among citizens, causing social disharmony is a shameful slide to perdition.

    Conclusion

    The reshaping and realignment of the world order will be a unique opportunity for India to reassess its foreign policy, economic policy and geo-political strategy and don the mantle of global leadership.

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  • Anti-Defection Law

    Vice-President M. Venkaiah Naidu said that there was a need to amend the anti-defection legislation in the country to plug existing loopholes.

    What did VP notice now?

    • Stating that there was no clarity in the law about the time frame for the action of the House Chairperson or Speaker in anti-defection cases.
    • Some cases are taking six months and some even three years.
    • There are cases that are disposed of after the term is over.

    What is Anti-defection Law?

    • The Anti-Defection Law under the Tenth Schedule of the Constitution punishes MPs/ MLAs for defecting from their party by taking away their membership of the legislature.
    • It gives the Speaker of the legislature the power to decide the outcome of defection proceedings.
    • It was added to the Constitution through the Fifty-Second (Amendment) Act, 1985 when Rajiv Gandhi was PM.
    • The law applies to both Parliament and state assemblies.

    Cases considered under the anti-defection law

    The law covers three scenarios with respect to shifting of political parties by an MP or an MLA.

    (1) Voluntary give-up

    • The first is when a member elected on the ticket of a political party “voluntarily gives up” membership of such a party or votes in the House against the wishes of the party.
    • Such persons lose his seat.

    (2) Independent members

    • When a legislator who has won his or her seat as an independent candidate joins a political party after the election.
    • In both these instances, the legislator loses the seat in the legislature on changing (or joining) a party.

    (3) Nominated MPs

    • In their case, the law gives them six months to join a political party, after being nominated.
    • If they join a party after such time, they stand to lose their seat in the House.

    Powers to disqualification

    • Under the anti-defection law, the power to decide the disqualification of an MP or MLA rests with the presiding officer of the legislature.
    • The law does not specify a time frame in which such a decision has to be made.
    • As a result, Speakers of legislatures have sometimes acted very quickly or have delayed the decision for years — and have been accused of political bias in both situations.

    Significant role of the Speaker/Presiding Officer

    • Pandit Nehru had referred to the Speaker as “the symbol of the nation’s freedom and liberty” and emphasized that Speakers should be men of “outstanding ability and impartiality”.
    • Several judgments on the anti-defection law have been rendered by the Supreme Court.
    • A common factor that shows up in these rulings is the blatant, partisan conduct of speakers in state assemblies.

    Reasons for Speakers’ ambiguous action

    • The Speaker continues to belong to a particular political party.
    • The electoral system and conventions in India have ‘not been developed to ensure protection to the office, there are cogent reasons for Speakers to retain party membership.
    • It would be unrealistic to expect a speaker to completely abjure all party considerations while functioning.
    • There are structural issues regarding the manner of appointment of the Speaker and her tenure in office.

    Way forward

    • Parliament may seriously consider a Constitutional amendment to bring in a permanent Tribunal for dealing with defection cases.
    • It is suggested that a scheme should be brought wherein Speakers should renounce all political affiliations, membership, and activity once they have been elected.
    • We can learn from the UK model. In practice, once elected, the Speaker gives up all-partisan affiliation, as in other Parliaments of British tradition.
    • He/she remains in office until retirement, even though the majority may change and does not express any political views during debates.

    Conclusion

    • Impartiality, fairness, and autonomy in decision-making are the hallmarks of a robust institution.
    • It is the freedom from interference and pressures which provide the necessary atmosphere where one can work with an absolute commitment to the cause of neutrality as a constitutional value.

     

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  • Anatomy of communal violence in India

    Context

    Communal violence, a complex phenomenon, has been over-simplified to suit a convenient political narrative.

    India’s syncretic traditions and impact of invasions

    • For aeons, India has had syncretic traditions inspired by the Vedic aphorism, “Ekam sad vipra bahudha vadanti” (there is only one truth and learned persons call it by many names).
    •  Because of this underpinning, Indian society has never insisted on uniformity in any facet of life.
    • This equanimity of Indian society was, however, disrupted by invading creeds.
    • The first such incursion came in 712, when Muhammad bin Qasim vanquished Sindh, and as Chach Nama, a contemporary Arab chronicle states, introduced the practice of treating local Hindus as zimmis, forcing them to pay jizya (a poll tax), as a penalty to live by their beliefs.
    • In the 11th century, Mahmud of Ghazni, while receiving the caliphate honours on his accession to the throne, took a vow to wage jihad every year against Indian idolaters.
    • The fact is, ties between the two communities were seldom cordial.
    • There were intermittent skirmishes, wars and occasional short-lived opportunistic alliances.
    • When Pakistan declared itself an Islamic Republic in 1947, it would have been natural for India to identify itself as a Hindu state.
    • It didn’t, and couldn’t have — because of its Hindu ethos of pluralism.
    • India, is, and will always be, catholic, plural, myriad and a vibrant democracy.

    Conclusion

    It’s relevant to recall what Lester Pearson (14th PM of Canada) said: “Misunderstanding arising from ignorance breeds fear, and fear remains the greatest enemy of peace.”

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  • Rape laws are being misused today: Justice BN Srikrishna

    Retired Supreme Court judge Justice BN Srikrishna has said that there is a blatant misuse of rape laws in the country.

    What did Justice BN Srikrishna say?

    • Lesser convictions: Statistics show that even after the amendment of rape laws, there have been less number of convictions.
    • Need for objective analysis: It is time that rape cases be looked at in a very objective manner.
    • Authencity of women’s claims needs to be checked: We need to question — is the woman really subjected to cruelty and atrocities? Otherwise, in the general course of things, the accused is presumed to be innocent unless proven guilty should apply.
    • Tilt of such laws is always against the men: However, in rape cases, whatever the woman says is treated as the gospel truth. But that is not the intention of the law. It is not the way to empower women.

    Various laws for the protection of women

    • Various special laws relating to women include:
    1. Protection of Women from Domestic Violence Act, 2005
    2. Dowry Prohibition Act, 1961
    3. Indecent Representation of Women (Prohibition) Act, 1986
    4. Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
    5. Prohibition of Child Marriage Act, 2006

     Alleged rape cases these days

    • False accusations: Justice BN Srikrishna said that, sometimes some innocent men are being falsely accused of rape and later getting acquitted.
    • Consensual sex is later cried as rape: There are many cases either in a consensual relationship or in co-habitation for a long time, there is a disagreement and the woman cries rape.
    • Tool to preserve honour: There are instances where a secret affair is going on, people get to know of it and in order to come out of the ignominy of it, she cries rape, Justice Srikrishna said.

    Issues with such alleged rape cases

    • Whenever the man is accused of rape, he gets arrested, newspapers carry it on the front page.
    • But when there is an acquittal, it is not carried in the same way. This is terrible.
    • The balance is always tilted in favour of women in such cases.

    Various sexual crimes in India

    • Sexual Abuse/ Molestation/ Rape: Rape is one of the most common crimes in India. According to the National Crime Records Bureau, one woman is raped every 20 minutes in India.
    • Marital Crimes: In India, marital rape is not a criminal offense.  India is one of fifty countries that have not yet outlawed marital rape.
    • Forced Marriage: Girls are vulnerable to being forced into marriage at young ages, suffering from a double vulnerability: both for being a child and for being female.
    • Trafficking and forced prostitution: Human trafficking, especially of girls and women, often leads to forced prostitution and sexual slavery.
    • Online abuse: Women are regularly subject to online rape threats, online harassment, cyber-stalking, blackmail, trolling, slut-shaming and more.
    • Harassment at the workplace: Sexual harassment at workplace, mostly comprising of indecent remarks, unwanted touches, demands for sex, and the dissemination of pornography.

    Various initiative to protect women

    The Government has taken a number of initiatives for the safety of women and girls, which are given below:

    • Nirbhaya Fund for projects for the safety and security of women
    • One-Stop Centre Scheme to provide integrated support and assistance to women affected by violence, both in private and public spaces under one roof
    • Online analytic tool for police called “Investigation Tracking System for Sexual Offences” to monitor and track time-bound investigation in sexual assault cases in accordance with Criminal Law (Amendment) Act 2018.
    • National Database on Sexual Offenders (NDSO) to facilitate investigation and tracking of sexual offenders across the country by law enforcement agencies.

    Way ahead

    • Breaking the cycle of abuse will require concerted collaboration and action between governmental and non-governmental actors including educators, health-care authorities, legislators, the judiciary and the mass media.
    • Gender-based violence, an especially violent crime like rape, is a multifaceted problem.
    • Although the incorporation of stringent laws and stricter punishments are important to deter people from committing such crimes, the solution to this is much more than just promulgation.
    • Education of both men and women will lead to change in attitudes and perceptions.
    • It is a mammoth task. We are just doing bits and pieces. A way ahead is obscure but in our sphere with concrete and pronounced steps.

     

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