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GS Paper: GS2

  • Pakistan ready to host SAARC Summit

    Pakistan Foreign Minister Shah has said that his country was ready to host the 19th SAARC Summit and invited India to join it virtually if it is not willing to visit Islamabad.

    About SAARC

    • The South Asian Association for Regional Cooperation (SAARC) is the regional intergovernmental organization and geopolitical union of states in South Asia.
    • Members: Afghanistan, Bangladesh, Bhutan, India, the Maldives, Nepal, Pakistan and Sri Lanka.
    • It was established in Dhaka on 8 December 1985. Its secretariat is based in Kathmandu, Nepal.
    • The organization promotes the development of economic and regional integration.
    • It maintains permanent diplomatic relations at the United Nations as an observer and has developed links with multilateral entities, including the European Union.

    Formation of SAARC

    • After the USSR invaded Afghanistan in 1979, the security situation in South Asia rapidly deteriorated.
    • In response, the foreign ministers of the initial seven members met in Colombo in 1981.
    • At the meeting, Bangladesh proposed forming a regional association that would meet to discuss matters such as security and trade.
    • While most of the countries present were in favour of the proposal, India and Pakistan were skeptical.
    • Eventually, both countries relented and in 1983 in Dhaka, joined the other five nations in signing the Declaration.

    Economic significance of SAARC

    • The SAARC comprises 3% of the world’s area, 21% of the world’s population and 4.21% (US$3.67 trillion) of the global economy, as of 2019.
    • It launched the South Asian Free Trade Area in 2006.

    Major accomplishments

    • Forum for discussions: It has provided a platform for representatives from member countries to meet and discuss important issues, something that may have been challenging through bilateral discussions.
    • Diplomatic tool: India and Pakistan for example would struggle to publicly justify a meeting when tensions between the two are particularly high, but both countries often come together under the banner of SAARC.
    • Crisis management: The bloc has also made some headway in signing agreements related to climate change, food security and combating the Covid-19 crisis.
    • Technology: It has been another avenue of cooperation marked by the launch of South Asia Satellite by India.

    Limitations to SAARC

    • Small scale: Despite its lofty ambitions, SAARC has not become a regional association in the mould of the European Union or the African Union.
    • Internal divisions: Its member states are plagued by internal divisions, most notably the conflict between India and Pakistan.
    • Trade disputes: This in turn has hampered its ability to form comprehensive trade agreements or to meaningfully collaborate on areas such as security, energy and infrastructure.
    • Terrorism: The last SAARC summit to be held in Pakistan has been cancelled several times due to many nations pulling out of the summit citing fears of regional insecurity.

    Why must India rethink on SAARC?

    • Extended diplomacy: India continued to attend Shanghai Cooperation Organisation (SCO) meetings along with their Pakistani counterparts.
    • Pandemic mitigation: Reviving SAARC is crucial to countering the common challenges brought about by the pandemic.
    • Economic cooperation: Apart from the overall GDP slowdown, global job cuts has led to fall in revenue for migrant labour and expatriates from South Asian countries.
    • Countering China: While dealing with China, a unified South Asian platform is a crucial countermeasure for India.

     

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  • [Burning Issue] Consumer Protection

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    Recently, in the exercise of provisions under the Consumer Protection Act, 2019, the Central Government has notified the Consumer Protection (Jurisdiction of the District Commission, the State Commission, and the National Commission) Rules, 2021.

    The Government has notified these rules to prohibit all direct selling entities from promoting pyramid schemes or money circulation schemes, while also providing for a mechanism for redressal of consumer complaints.

    What is consumerism?

    • Consumerism is a movement that promotes the interests of buyers of goods and services.
    • Its main aim is to protect the consumer from unsafe or low quality of products, fraudulent advertising, labeling, packing and business practices that limits competition.

    Why consumerism is important?

    • Illegal price hike: It is the wholesalers and middlemen who indulge in illegal activities like dumping of goods to create artificial scarcity and raise the prices of commodities which will increase their profits.
    • Affects all sections of society: So, consumerism is a national problem affecting every section of the society such as men and women, young or old and youth or child.
    • Form of social Action: Hence, consumer protection is a form of social action which will be designed to achieve the well-being of the one or group within a society. There is a need to extend consumerism in India.

    What are the Consumer Rights?

    Consumer right is an insight into what rights consumer holds when it comes to the seller who provides the goods.

    In general, the consumer rights in India are listed below:

    (1) Right to Safety

    • Means right to be protected against the marketing of goods and services, which are hazardous to life and property.
    • The purchased goods and services should not only meet their immediate needs, but also fulfil long term interests.
    • Before purchasing, consumers should insist on the quality of the products as well as on the guarantee of the products and services. They should preferably purchase quality marked products such as ISI, AGMARK, etc.

    (2) Right to be Informed

    • Means right to be informed about the quality, quantity, potency, purity, standard and price of goods so as to protect the consumer against unfair trade practices.
    • Consumer should insist on getting all the information about the product or service before making a choice or a decision.
    • This will enable him to act wisely and responsibly and also enable him to desist from falling prey to high pressure selling techniques.

    (3) Right to Choose

    • Means right to be assured, wherever possible of access to variety of goods and services at competitive price. In case of monopolies, it means right to be assured of satisfactory quality and service at a fair price.
    • It also includes right to basic goods and services. This is because unrestricted right of the minority to choose can mean a denial for the majority of its fair share.

    (4) Right to be Heard

    • Means that consumer’s interests will receive due consideration at appropriate forums. It also includes right to be represented in various forums formed to consider the consumer’s welfare.

    (5) Right to Seek redressal

    • Means right to seek redressal against unfair trade practices or unscrupulous exploitation of consumers. It also includes right to fair settlement of the genuine grievances of the consumer.
    • Consumers must make complaint for their genuine grievances. Many a times their complaint may be of small value but its impact on the society as a whole may be very large.

    (6) Right to Consumer Education

    • Means the right to acquire the knowledge and skill to be an informed consumer throughout life.
    • Ignorance of consumers, particularly of rural consumers, is mainly responsible for their exploitation.

    Consumer Protection Laws in India

    (1) The Consumer Protection Act, 1986

    • It enforces rights of consumers and provides for redressal of complaints at the district, state and national level. Such complaints may be regarding defects in goods or deficiency in services.
    • The Act also recognises offences such as unfair trade practices, which include providing false information regarding the quality or quantity of a good or service, and misleading advertisements.
    • Over the years, there have been challenges in the implementation of the Act.

    (2) The Consumer Protection Act, 2019

    The latest Act provides a better mechanism to dispose of consumer complaints in a speedy manner and will help in the disposal of a large number of pending cases in consumer courts across the nation.

    Key Features

    1) Definition of consumer

    • A consumer is defined as a person who buys any good or avails a service for a consideration. 
    • It does not include a person who obtains a good for resale or a good or service for commercial purpose. 
    • It covers transactions through all modes including offline, and online through electronic means, teleshopping, multi-level marketing or direct selling.

    2) Rights of consumers

    The following consumer rights have been defined in the Act, including the right to:

    • be protected against marketing of goods and services which are hazardous to life and property;
    • be informed of the quality, quantity, potency, purity, standard and price of goods or services;
    • be assured of access to a variety of goods or services at competitive prices; and
    • seek redressal against unfair or restrictive trade practices 

    3) Establishment of Central Consumer Protection Authority

    • The central government will set up a CCPA to promote, protect and enforce the rights of consumers. 
    • It is empowered to:
      1. conduct investigations into violations of consumer rights and institute complaints/prosecution,
      2. order recall of unsafe goods and services,
      3. order discontinuance of unfair trade practices and misleading advertisements
      4. impose penalties on manufacturers/endorsers/publishers of misleading advertisements
    • The CCPA will have an investigation wing, headed by a Director-General, which may conduct inquiry or investigation into such violations. 

    4) Penalties for misleading advertisement

    • The CCPA may impose a penalty on a manufacturer or an endorser of up to Rs. 10 lakh and imprisonment for up to two years for a false or misleading advertisement. 
    • In case of a subsequent offence, the fine may extend to Rs. 50 lakh and imprisonment of up to five years. 
    • CCPA can also prohibit the endorser of a misleading advertisement from endorsing that particular product or service for a period of up to one year.
    • For every subsequent offence, the period of prohibition may extend to three years.  

    5) Consumer Disputes Redressal Commission

    • CDRCs will be set up at the district, state, and national levels. 
    • A consumer can file a complaint with CDRCs in relation to: unfair or restrictive trade practices; defective goods or services etc.
    • Complaints against an unfair contract can be filed with only the State and National   Appeals from a District CDRC will be heard by the State CDRC. 
    • Appeals from the State CDRC will be heard by the National CDRC.  Final appeal will lie before the Supreme Court.

    6) Jurisdiction of CDRCs

    • The District CDRC will entertain complaints where value of goods and services does not exceed Rs one crore. 
    • The State CDRC will entertain complaints when the value is more than Rs 1 crore but does not exceed Rs 10 crore. 
    • Complaints with value of goods and services over Rs 10 crore will be entertained by the National CDRC.

    7) Product liability

    • Product liability means the liability of a product manufacturer, service provider or seller to compensate a consumer for any harm or injury caused by a defective good or deficient service. 
    • A manufacturer or product service provider or product seller will be held responsible to compensate for injury or damage caused by defective product or deficiency in services.
    • Basis for product liability action:
      1. manufacturing defect
      2. design defect
      3. deviation from manufacturing specifications
      4. Not conforming to express warranty
      5. failing to contain adequate instructions for correct use
      6. service provided-faulty, imperfect or deficient
    • To claim compensation, a consumer has to prove any one of the conditions for defect or deficiency, as given in the Act.

    (3) Consumer Protection (E-Commerce) Rules, 2020

    • E-commerce entities are required to provide information to consumers, relating to return, refund, exchange, warranty and guarantee, delivery and shipment, modes of payment, grievance redressal mechanism, payment methods, and security of payment methods, charge-back options and country of origin.
    • These are necessary for enabling the consumer to make an informed decision at the pre-purchase stage.
    • These platforms will have to acknowledge the receipt of any consumer complaint within 48 hours and redress the complaint within one month from the date of receipt.
    • They will also have to appoint a grievance officer for consumer grievance redressal.
    • The Consumer Protection (E-commerce) Rules, 2020 are mandatory and are not advisories.
    • Sellers cannot refuse to take back goods or withdraw services or refuse refunds, if such goods or services are defective, deficient, delivered late, or if they do not meet the description on the platform.
    • The rules also prohibit the e-commerce companies from manipulating the price of the goods or services to gain unreasonable profit through unjustified prices.

    (4) Consumer Protection (Jurisdiction of the District Commission, the State Commission, and the National Commission) Rules, 2021

    Pecuniary Jurisdiction

    • The Consumer Protection Act, 2019 promulgates a three-tier quasi-judicial mechanism for redressal of consumer disputes namely district commissions, state commissions and national commissions.
    • As per the existing provisions of the Act, District Commissions have jurisdiction to entertain complaints where the value of the goods or services paid as consideration does not exceed one crore rupees.
    • State Commissions have jurisdiction to entertain complaints where the value of the goods or services paid as consideration, exceeds 1 crore rupees, but does not exceed 10 crore rupees and
    • National Commission has jurisdiction to entertain complaints where the value of goods or services paid as consideration exceeds 10 crore rupees.
    • But the existing provisions relating to pecuniary jurisdiction of consumer commissions were leading to rising in pendency and delay in disposal of cases.

    Changes in Consumer Protection Rules, 2021

    • District Commissions shall have jurisdiction to entertain complaints where the value of the goods or services paid as consideration does not exceed 50 lakh rupees.
    • State Commissions shall have jurisdiction to entertain complaints where the value of the goods or services paid as consideration exceeds 50 lakh rupees but does not exceed 2 crore rupees.
    • National Commission shall have jurisdiction to entertain complaints where the value of the goods or services paid as consideration exceeds 2 crore rupees.

    Time for disposal of Complaint

    It may be mentioned that the Consumer Protection Act, 2019 stipulates that every complaint shall be disposed within a period of 3 months from the date of receipt of notice by the opposite party where the complaint does not require analysis or testing of commodities and within 5 months if it requires analysis or testing of commodities.

    e-Filing of complaint: E-Daakhil Portal

    • The Act also provides consumers with the option of filing complaints electronically.
    • The Central Government has set up the E-Daakhil Portal, which provides a hassle-free, speedy and inexpensive facility to consumers to conveniently approach the relevant consumer forum.
    • E-Daakhil has many features like e-Notice, case document download link & VC hearing link, filing written response by the opposite party, filing rejoinder by complainant and alerts via SMS/Email.
    • Presently, the facility of E-Daakhil is available in 544 consumer commissions, which includes the National Commission and consumer commissions in 21 states and 3 UTs.
    • So far, more than 10,000 cases have been filed using the E-Daakhil Portal and more than 43000 users have registered on the portal.

    Mediation

    • To provide a faster and amicable mode of settling consumer disputes, the Act also includes a reference of consumer disputes to Mediation, with the consent of both parties.
    • This will not only save time and money for the parties involved in litigating the dispute but will also aid in reducing the overall pendency of cases.

    Way Forward

    • Misleading ads, tele-marketing, multi-level marketing, direct selling and e-commerce pose new challenges to consumer protection and will require appropriate and swift executive intervention to prevent consumer detriment.
    • Arm-twisting of weaker parties: Certain issues such as the appointment of mediators to settle disputes are contentious as this would lead to arm-twisting of the weaker parties and may encourage corruption.
    • Need to strengthen CCPA: Addressing these issues is necessary to ensure that the new amendments bring about definitive improvements in the CCPA.
    • Need to fill vacancies at the district commission level: The existing vacancies at the district commission level would undermine the effective implementation of the Act.
    • Guidelines for celebrity endorsements: Countries such as the UK, Ireland and Belgium have specifically banned celebrity endorsement of unhealthy foods. The impact of such restrictions has been reported to be significant.

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  • Selective alignment to universal engagement of Indian diplomacy

    Context

    In 2021, Indian diplomacy was characterised by a readiness to deal with friends and foes alike.

    Challenges faced by India diplomacy in 2021

    • The US leadership change: Coping with the change from President Donald Trump to President Joe Biden and the consequent changes in U.S. policy were big enough to keep the world leaders on tenterhooks.
    • Pandemic:  With the increased onslaught of the pandemic, India suddenly became the epicentre of the tragedy.
    • The exposure of the inefficiency of India’s health system and put the country in the defensive and weakened its credibility as it tried to contribute to the resolution of global issues.
    • Aggression by China: For India, the biggest preoccupation of 2021 was the effort to get China to disengage in areas in Ladakh.
    • Dialogue, military preparedness and economic pressure met with limited success.
    • Afghanistan crisis: Afghanistan turned out to be a bigger crisis than expected, with the Taliban’s walkover in Kabul.
    • Bringing some civility to the Taliban in Kabul became a high priority in the face of a Pakistan-China-Taliban axis with some support from Russia and Iran.
    • Issue of permanent membership of the UN Security Council: Unprecedented in the history of the UN, an event at the Security Council was chaired by the Prime Minister.
    • Significant inputs were provided during discussions on issues like maritime security, peacekeeping and anti-terrorism for active consideration in the future.
    • Although it is illusory to believe that the way has been cleared for India’s permanent membership of the Security Council, India’s diplomatic capabilities and its commitment to the UN have demonstrated yet again.

    What marks the change in the style of Indian diplomacy?

    • From selective alignment, India moved to universal engagement, even to the extent of convening meetings with antagonists.
    • Engagements with the U.S. went beyond familiarisation with the new government to increased commitment to Quad and acceptance of AUKUS and formation of the ‘western Quad’, with the U.S., Israel and the UAE.
    • Engagement with Russia: Major agreements were signed with Russia, despite the American threat of CAATSA against S-400 missiles and the Russian inclination to align with China in the days to come.
    • The engagement with China at the level of commanders and diplomats was intense, and ministerial interaction continued even when China tore up many fundamental agreements that sustained the dialogue for many years.
    • Patience, diligence and firmness: India attended a Shanghai Cooperation Organisation meeting, where a sub-group led by China took its own decisions on Afghanistan.
    • We also attended a meeting of Russia, China and India.
    • Perhaps because of the unique geopolitical situation, India gave particular importance to its presidency of the UN Security Council in August 2021.
    • Engagement with Myanmar: The Foreign Secretary’s visit to Myanmar to engage the military junta at a time when opposition leaders are in prison may raise eyebrows in many countries, but this is another instance of India’s readiness to engage those in power to explore possibilities of friendship and co-operation.
    •  The intention is to prevent China from having a field day in Myanmar.

    Conclusion

    Sadly, the extraordinary efforts made by India have not been fruitful in the cases of China and Afghanistan.  But India’s new style of diplomacy will have an impact in shaping the world of the future.

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  • Why EC can’t delay upcoming polls

    Context

    Ever since the Allahabad High Court urged the Election Commission of India to consider banning all political rallies or postponing the upcoming Assembly elections due to the increasing threat of Omicron, the focus of debate has shifted to the EC.

    Why and when does the Election Commission clubs the elections?

    • To avoid the influence of result: As per practice, the EC clubs all elections that are so close to each other to ensure that the results in one state do not influence the voters in the state going to the polls soon after.
    • Earliest date: The earliest due date of a state determines the poll dates for all the clubbed states.
    • No delay allowed: The EC cannot delay an election even by a day, although it can advance it by up to six months.
    • The Assembly elections of five states are due in the early months of 2022, four of these in March itself — Goa (by March 15), Manipur (March 19), Uttarakhand (March 23) and Punjab (March 27).
    • The fifth — UP — is due by May 14.
    • Goa being the earliest, we must have all five elections completed before March 15.

    Why EC cannot postpone the elections?

    • Violation of Constitution: Postponing elections is not in the Election Commission’s hands at all and would be a violation of the constitutional mandate that gives every Vidhan Sabha a fixed term.
    • As soon as the term is over, the House stands dissolved automatically.
    • The term of the House cannot be extended except in an emergency declared by Parliament, which the Constitution restricts to only two situations — war and breakdown of law and order.
    • In the seven decades of our electoral history, this has happened only three times — in Assam, Punjab and Jammu and Kashmir — in insurgency situations.

    Way forward: Strict enforcement of guidelines

    • Before the Bihar elections of 2020, the EC had issued detailed guidelines based on its observation of other countries that conducted elections that year, like South Korea and Sri Lanka.
    • Reduction of the number of electors: These guidelines included the reduction of the number of electors per polling booth from 1,500 to 1,000, to prevent over-crowding, which required the addition of 33,797 auxiliary polling stations.
    • Covid-sensitive capacity building: The guidelines also included Covid-sensitive capacity-building of election officials.
    • Postal ballot option: The ECI also extended the postal ballot option to senior citizens over the age of 80, Covid-positive patients, persons with disabilities and voters in essential services.
    • Virtual campaigning: Virtual campaigning was also encouraged to stop election rallies contributing to Covid.
    • Besides the standard social distancing and sanitising norms, voters were provided with gloves to touch the EVMs.
    • To avoid crowding at the counting centres, the counting tables were reduced from 14 to seven per assembly constituency.

    Consider the question “What are the challenges in postponing the Assembly elections beyond the fixed terms of the Assembly? Suggest the way forward.”

    Conclusion

    This election is an opportunity for the EC to redeem its image. More importantly, it must guard itself against the trap of postponing the polls under any persuasion.

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  • ₹8 lakh income ‘reasonable’ cap for EWS quota, Centre tells SC

    A government committee report in the Supreme Court has said that “income” is a “feasible criterion” for defining the “Economically Weaker Sections” (EWS) in society, and the annual family income of ₹8 lakh is a “reasonable” threshold to determine EWS.

    Centre’s Argument: Strict criteria for EWS

    • The income criterion for EWS was “more stringent” than the one for the OBC creamy layer.
    • EWS’s criteria relates to the financial year prior to the year of application.
    • On the other side, income criterion for the creamy layer in OBC category is applicable to gross annual income for three consecutive years.

    EWS Quota: A backgrounder

    • The 10% reservation was introduced through the 103rd Constitution Amendment and enforced in January 2019.
    • It added Clause (6) to Article 15 to empower the Government to introduce special provisions for the EWS among citizens except those in the classes that already enjoy reservation.
    • It allows reservation in educational institutions, both public and private, whether aided or unaided, excluding those run by minority institutions, up to a maximum of 10%.
    • It also added Clause (6) to Article 16 to facilitate reservation in employment.
    • The new clauses make it clear that the EWS reservation will be in addition to the existing reservation.

    Significance of the quota

    • The Constitution initially allowed special provisions only for the socially and educationally backward classes.
    • The Government introduced the concept of EWS for a new class of affirmative action program for those not covered by or eligible for the community-based quotas.

    What are the criteria to identify the section?

    • The main criterion is that those above an annual income limit of ₹8 lakh are excluded.
    • It accounts income from all sources such as salary, business, agriculture and profession for the financial year prior to the application of the family, applicants, their parents, siblings and minor children.
    • Possession of any of these assets, too, can take a person outside the EWS pool:
    1. Five or more acres of agricultural land
    2. A residential flat of 1,000 sq.ft. and above
    3. A residential plot of 100 square yards and above in notified municipalities, and
    4. A residential plot of 200 square yards and above in other areas

    What are the court’s questions about the criteria?

    • Reduction within general category: The EWS quota remains a controversy as its critics say it reduces the size of the open category, besides breaching the 50% limit on the total reservation.
    • Arbitrariness over income limit: The court has been intrigued by the income limit being fixed at ₹8 lakh per year. It is the same figure for excluding the ‘creamy layer’ from OBC reservation benefits.
    • Socio-economic backwardness: A crucial difference is that those in the general category, to whom the EWS quota is applicable, do not suffer from social or educational backwardness, unlike those classified as the OBC.
    • Metropolitan criteria: There are other questions as to whether any exercise was undertaken to derive the exceptions such as why the flat criterion does not differentiate between metropolitan and non-metropolitan areas.
    • OBC like criteria: The question the court has raised is that when the OBC category is socially and educationally backward and, therefore, has additional impediments to overcome.
    • Not based on relevant data: In line with the Supreme Court’s known position that any reservation or norms for exclusion should be based on relevant data.
    • Breaches reservation cap: There is a cap of 50% on the reservation as ruled in the Indira Sawhney Case. The principle of balancing equality ordains reservation.

    What is the current status of the EWS quota?

    • The reservation for the EWS is being implemented by the Union Government for the second year now.
    • Recruitment test results show that the category has a lower cut-off mark than the OBC, a point that has upset the traditional beneficiaries of reservation based on caste.
    • The explanation is that only a small number of people are currently applying under the EWS category — one has to get an income certificate from the revenue authorities — and therefore the cut-off is low.
    • However, when the number picks up over time, the cut-off marks are expected to rise.

    Practical issues with EWS Quota

    The EWS quota will come in for judicial scrutiny soon. But it’s not only a matter for the judiciary, India’s Parliament should revisit the law too.

    • Hasty legislation: This law was passed in haste. It was passed in both the houses within 48 hours, and got presidential approval the next day.
    • Minority appeasement: It is widely argued that the law was passed to appease a certain section of upper-caste society and to suppress the demands for minority reservations.
    • Morality put to question: Imagine! A constitutional amendment has been made with few hours of deliberation and without consultation of the targeted group. This is certainly against constitutional morality and propriety.
    • Substantial backing is missing: This amendment is based on a wrong or unverified premise. This is at best a wild guess or a supposition because the government has not produced any data to back this point.
    • Under-reservation of Backward Classes: The assertion is based on the fact that we have different data to prove the under-representation of SC, ST, OBCs. That implies that ‘upper’ castes are over-represented (with 100 minus reservation).
    • Rationale of 10%: There is one more problem in this regard. The SC and ST quota is based on their total population. But the rationale for the 10 per cent quota was never discussed.
    • Principle of Equality: Economic backwardness is quite a fluid identity. It has nothing to do with historic wrongdoings and liabilities caused to the Backward Classes.

    Way forward

    • Preserving the merit: We cannot rule out the sorry state of economic backwardness hampering merit in our country .
    • Rational critera: There has to be collective wisdom to define and measure the economic weakness of certain sections of the society in order to shape the concept of economic justice.
    • Judicial guidance: Judicial interpretation will pave the wave forward for deciding the criterion for EWS Quota.
    • Targetted beneficiaries. The centre needs to resort to more rational criteria for deciding the targeted beneficiary of this reservation system. Caste Census data can be useful in this regard.
    • Income study: The per capita income or GDP or the difference in purchasing power in the rural and urban areas, should be taken into account while a single income limit was formulated for the whole country.

     

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  • Punishing Hate Speech

    A recent religious conclave has witnessed inflammatory and provocative speeches by some religious proponents hinting at a Myanmar-type ‘minority cleansing campaign’.

    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.

    How is it treated in Indian law?

    • Provisions in law criminalize speeches, writings, actions, signs and representations that foment violence and spread disharmony between communities and groups and these are understood to refer to ‘hate speech’.
    • Sections 153A and 505 of the Indian Penal Code are generally taken to be the main penal provisions that deal with inflammatory speeches and expressions that seek to punish ‘hate speech’.

    [I] Section 153A:

    • Promotion of enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony’, is an offence punishable with three years’ imprisonment.

    [II] Section 505:

    505(1): Statements conducing to public mischief

    • The statement, publication, report or rumour that is penalized under Section 505(1) should be one that promotes mutiny by the armed forces, or causes such fear or alarm that people are induced to commit an offence against the state or public tranquility.
    • This attracts a jail term of up to three years.

    505(2): It is an offence to make statements creating or promoting enmity, hatred or ill-will between classes.

    505(3): Same offence will attract up to a five-year jail term if it takes place in a place of worship, or in any assembly engaged in religious worship or religious ceremonies.

    What has the Law Commission proposed?

    The Law Commission has proposed that separate offences be added to the IPC to criminalize hate speech quite specifically instead of being subsumed in the existing sections concerning inflammatory acts and speeches.

    [A] Inserting two sections

    • It has proposed that two new sections, Section 153C and Section 505A, be added.

    Section 153C

    It is an offence if anyone-

    • Uses gravely threatening words, spoken or written or signs or visible representations, with the intention to cause fear or alarm OR
    • Advocates hatred that causes incitement to violence, on grounds of religion, race, caste or community, sex, gender identity, sexual orientation, place of birth, residence, language, disability or tribe

    Section 505A

    • It proposes to criminalize words, or display of writing or signs that are gravely threatening or derogatory, within the hearing or sight of a person, causing fear or alarm or, with intent to provoke the use of unlawful violence against that person or another”.

    [B] Imprisonment

    • Section 153C: two-year jail term for this and/or a fine of ₹5,000 or both
    • Section 505A: prison term of up to one year and/or a fine up to ₹5,000

    Other committees’ recommendations

    • Similar proposals to add sections to the IPC to punish acts and statements that promote racial discrimination or amount to hate speech have been made by the M.P. Bezbaruah Committee and the T.K. Viswanathan Committee.
    • At present, the Committee for Reforms in Criminal Laws, which is considering more comprehensive changes to criminal law, is examining the issue of having specific provisions to tackle hate speech.

    Why regulate hate speech?

    • Creates social divide: Individuals believe in stereotypes that are ingrained in their minds and these stereotypes lead them to believe that a class or group of persons are inferior to them and as such cannot have the same rights as them.
    • Threat to peaceful co-existence: The stubbornness to stick to a particular ideology without caring for the right to co-exist peacefully adds further fuel to the fire of hate speech.

    Issues in regulating hate speech

    • Powers to State: Almost every regulation of speech, no matter how well-intentioned, increases the power of the state.
    • Hate speeches are Political: The issue is fundamentally political and we should not pretend that fine legal distinctions will solve the issue.
    • Legal complications: An over-reliance on legal instruments to solve fundamentally social and political problems often backfires.

    What lies ahead?

    • Subjects like hate speeches become a complex issue to deal with, in a country like India which is very diverse, as it was very difficult to differentiate between free and hate speech.
    • There are many factors that should be considered while restraining speeches like strong opinions, offensive comments towards certain communities, the effect on values like dignity, liberty and equality.
    • We all have to work together and communicate efficiently for our country to be a healthy place to live in.

     

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  • HC allows woman to terminate 28-week pregnancy

    The Delhi High Court has permitted a 28-week pregnant woman to undergo medical termination of pregnancy on account of substantial foetal abnormality.

    What did the HC rule?

    Ans. Termination of Pregnancy is a matter of Right

    • The High Court said the woman cannot be deprived of the freedom to take a decision to continue or not to continue with the pregnancy, due to foetal abnormalities.
    • HC ruled that reproductive choice is a dimension of personal liberty that is enshrined in Article 21 of the Constitution.
    • It stated that allowing the pregnancy to continue would have a deleterious impact on the petitioner’s mental health.
    • The petitioner cannot be deprived of the freedom to take a decision to continue or not to continue with the pregnancy in view the medical board’s opinion.

    What is the Medical Termination of Pregnancy (MTP) Act?

    • Abortion in India has been legal under various circumstances for the last 50 years with the introduction of MTP Act in 1971.
    • The Act was amended in 2003 to enable women’s accessibility to safe and legal abortion services.

    Termination of pregnancy is permitted for a broad range of conditions up to 20 weeks of gestation as detailed below:

    1. Threat to mother: When the continuation of pregnancy is a risk to the life of a pregnant woman or could cause grave injury to her physical or mental health;
    2. Child abnormalities: When there is substantial risk that the child, if born or dead would be seriously handicapped due to physical or mental abnormalities;
    3. Rape survivors: When pregnancy is caused due to rape (presumed to cause grave injury to the mental health of the woman);
    4. Failure of contraception: When pregnancy is caused due to failure of contraceptives used by a married woman or her husband (presumed to constitute grave injury to mental health of the woman).

    Conditions for abortion

    • The MTP Act specifies – (i) who can terminate a pregnancy; (ii) till when a pregnancy can be terminated; and (iii) where can a pregnancy be terminated.
    • There must be an opinion formed of a doctor, that the pregnancy would cause a risk to the life of the pregnant woman or grave injury to her physical or mental health.
    • When a pregnancy exceeds 20 weeks but not 24 weeks, termination is permissible on the opinion formed of two registered medical practitioners.

    What was the recent case?

    • In the present case, the woman has completed 28 weeks of pregnancy.
    • As the MTP Act does not permit pregnancy termination beyond 24 weeks, she approached the court.
    • Various anomalies were found in the heart of the foetus in the foetal ECG.

    Key issues

    There are differing opinions with regard to allowing abortions.

    • One opinion is that terminating a pregnancy is the choice of the pregnant woman and a part of her reproductive rights.
    • The other is that the state has an obligation to protect life, and hence should provide for the protection of the foetus.
    • Across the world, countries set varying conditions and time limits for allowing abortions, based on foetal health, and risk to the pregnant woman.

    Conclusion

    • Access to abortion facilities is limited not just by legislative barriers but also the fear of judgment from medical practitioners.
    • It is imperative that healthcare providers be sensitized towards being scientific, objective and compassionate in their approach to abortions.

    Also read

     

    Termination of Pregnancy (MTP) Amendment Bill, 2020

     

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  • India, Pakistan exchange list of nuclear installations, prisoners

    India and Pakistan has exchanged a list of their nuclear installations that cannot be attacked in case of an escalation in hostilities, as part of an annual ritual that has been in practice between the two neighbours for more than three decades.

    Non-Nuclear Aggression Agreement

    • The Non-nuclear aggression agreement is a bilateral and nuclear weapons control treaty between India and Pakistan, on the reduction (or limitation) of nuclear arms.
    • Both pledged not to attack or assist foreign powers to attack on each others nuclear installations and facilities.
    • The treaty was drafted in 1988, and signed by the PM Rajiv Gandhi and his counterpart Benazir Bhutto on 21 December 1988; it entered into force on January 1991.
    • The treaty barred its signatories to carry out a surprise attack (or to assist foreign power to attack) on each other’s nuclear installations and facilities.
    • Starting in January 1992, India and Pakistan have annually exchanged lists of their respective military and civilian nuclear-related facilities.

    Need for the treaty

    • In 1986-87, the massive exercise, ‘Brasstacks’ was carried out by the Indian Army, raising the fears of an Indian attack on Pakistan’s nuclear facilities.
    • Since then, the Foreign ministries of both countries had been negotiating to reach an understanding towards the control of nuclear weapons.

    Significance of the agreement

    • The treaty barred its signatories to carry out a surprise attack (or to assist foreign power to attack) on each other’s nuclear installations and facilities.
    • The treaty provides a confidence-building security measure environment.

    Other: Sharing of Prisoners information

    • Both nations do simultaneously share the list of prisoners in each others’ custody.
    • These lists are exchanged under the provisions of the Agreement on Consular Access signed in May 2008.
    • Under this pact, the two countries should exchange comprehensive lists on January 1 and July 1 every year (i.e. twice a year).

     

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  • China issues ‘official’ names for 15 places in Arunachal Pradesh

    China’s Ministry of Civil Affairs has issued standardized names for 15 places in the Indian State of Arunachal Pradesh, to be used henceforth on official Chinese maps.

    MEA clarification

    • The Ministry of External Affairs has dismissed the Chinese “invention”.
    • Arunachal Pradesh has always been, and will always be, an integral part of India, said MEA.

    Why is China giving names to places that are in India?

    • China claims some 90,000 sq km of Arunachal Pradesh as its territory.
    • It calls the area “Zangnan” in the Chinese language and makes repeated references to “South Tibet”.
    • Chinese maps show Arunachal Pradesh as part of China, and sometimes parenthetically refer to it as “so-called Arunachal Pradesh”.
    • China makes periodic efforts to underline this unilateral claim to Indian territory.
    • Giving Chinese names to places in Arunachal Pradesh is part of that effort.

    Earlier unilateral renamings

    • This is the second lot of “standardized” names of places in Arunachal Pradesh that China has announced.
    • Earlier in 2017, it had issued “official” Chinese names for six places spanning the breadth of Arunachal Pradesh

    What is China’s argument for claiming these areas?

    • The PRC disputes the legal status of the McMahon Line, the official boundary under the ‘Convention Between Great Britain, China, and Tibet’ — of 1914 (Simla Convention).
    • China was represented at the Simla Convention by a plenipotentiary of the Republic of China, which had been declared in 1912 after the Qing dynasty was overthrown.
    • The present communist government came to power only in 1949, when the People’s Republic was proclaimed.
    • The Chinese representative did not consent to the Simla Convention, saying Tibet had no independent authority to enter into international agreements.

    What is the McMohan Line?

    • The McMohan Line, named after Henry McMahon, the chief British negotiator at Shimla, was drawn from the eastern border of Bhutan to the Isu Razi pass on the China-Myanmar border.
    • China claims territory to the south of the McMahon Line, lying in Arunachal Pradesh.
    • China also bases its claims on the historical ties that have existed between the monasteries in Tawang and Lhasa.

    Intention behind these renamings

    • This renaming is a part of the Chinese strategy to assert its territorial claims over Indian territory.
    • As part of this strategy, China routinely issues statements of outrage whenever an Indian dignitary visits Arunachal Pradesh.
    • Beijing keeps harping on its “consistent” and “clear” position that the Indian possession of Arunachal Pradesh.
    • These claims have been firmly established and recognized by the world, as “illegal”.

    Arunachal not all-alone

    • Laying aggressive claims to territories on the basis of alleged historical injustices done to China is a part of Beijing’s foreign policy playbook.
    • The claim on Taiwan is one such example, as are the consistent efforts to change the “facts on the ground” in several disputed islands in the South China Sea.
    • The aggression is at all times backed in overt and covert ways by the use of China’s economic and military muscle.

    Also read:

    [RSTV Archive] India-China Ties Post-Galwan

     

  • [Burning Issue] Internet of Things (IoT)

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    Introduction

    The Internet of Things (IoT) can become a game-changer that India needs as this concept is set to disrupt almost every sector in India from smart cities and telecom to manufacturing and mobility. The rapid development in the IoT leads to the starting of the next digital revolution. However, the Internet of Things throws up many challenges like data safety and privacy. So India needs to push ahead with this concept to kick-start the radical development process with the proper regulatory framework in place to govern IoT.

    What is the Internet of Things?

    • IoT is the network of devices, vehicles, and home appliances that contain electronics, software, actuators, and connectivity which allows these things to connect, interact and exchange data.
    • IoT involves extending Internet connectivity beyond standard devices, such as desktops, laptops, smartphones, and tablets to everyday objects.
    • These objects may be anything from cell phones, coffee makers, washing machines, headphones, lamps, wearable devices.
    • It can also be components of machines, for example, a jet engine of an airplane or the drill of an oil rig.
    • Embedded with technology, these devices can communicate and interact over the Internet, and they can be remotely monitored and controlled.
    • Thus, it is all about connecting devices over the internet and letting them ‘talk’ to us, applications, and each other.
    • However, the Internet of Things doesn’t necessarily have to be connected to the internet; it can also be a network of things.

    Advantages of IoT

    • Monitor Data: It helps us know the precise quantity of supplies or the air quality in home, it can also provide more data that could not have previously been possible to collect easily. For instance, monitoring the expiration of products will improve safety.
    • Ease of Access: Right now, one can easily gain the required information in real-time, from almost any location. It only takes a smart device and an internet connection. Example using Google Maps to see our location, instead of asking a person in real life.
    • Speedy Operation: All this data pouring in enables us to complete multiple tasks with amazing speed. For example, IoT makes automation effortless. Smart industries automate repetitive tasks, thus allowing employees to invest their time and effort into more challenging things.
    • Adapting to New Standards: As IoT is an ever-changing topic, its changes are minimal compared to the other techs of the high-tech world. Without IoT, it would be complicated for us to keep track of all the latest things.
    • Better Time Management: IoT is a clever time-saving tool. We can look up the latest news on our phones during our daily commute, or check a blog about our favourite pastime, purchase an item in an online shop, we can do almost all the things from the palm of our hands.
    • Automation and Control: Without human interference, the machines are communicating with each other providing faster and timely output.
    • Saving Money: Another main advantage of IoT is saving money. If the cost of the tagging and monitoring machines are less compared with the amount of money saved, this is the reason for the Internet of Things being very widely adopted.
    • Allowing the data to be communicated and shared between devices and then translating it into our required way, makes our systems efficient.

    Applications of Internet of Things

    (1) Daily Lives

    • There can be several IoT examples in our day-to-day lives.
    • For instance, a person returning home after his office hours can call his coffee-maker to make the coffee ready when he reaches home.
    • IoT can be used to water the plants of the garden whenever the moisture level falls below a certain limit.
    • We can utilize IoT to convert a normal home into a smart home. It can be used in energy efficiency in homes and office places.

    (2) Industry

    • IoT’s effects may vary from industry to industry based on its utilization.
    • In the manufacturing sector, IoT can be utilized to enhance performance, minimize human-induced errors and consequently improve the overall quality of the manufactured products.
    • In the IT sector, utilization of IoT can result in improvement in services, development of more advanced software and digital services, etc.

    (3) Agriculture

    • IoT can be utilized to collect data about rainfall, soil moisture, soil nutrients, pest infestation, etc.
    • It can assist in making informed decisions to increase agricultural production as well as reducing the risks of crop failures etc.
    • It can help make agriculture profitable with better price-discovery for farmers through smart techniques.

    (4) Healthcare

    • Medical practitioners and doctors can use IoT to remotely monitor the patient’s health.
    • Smart beds can detect when the patient is trying to get up, his abnormal activities, etc.
    • Specialized sensors for senior citizens can be developed with the help of IoT.
    • Wearable heart monitors can help monitor the heartbeats, blood pressure of patients, etc.
    • It can revolutionize telemedicine applications.

    (5) Media

    • Corporate media houses can utilize IoT to monitor consumer habits for the purpose of behavior targeting = display consumer-specific advertisements. They can utilize Big Data and Data Mining for this purpose.

    (6) Transportation

    • IoT can be used in driverless cars and improve intra-vehicular communication to reduce accidents and traffic jams etc.
    • We can use it for electronic toll collections, smart parking, smart traffic management, etc.
    • IoT can be useful in logistics, fleet management, safety assistance, etc.

    (7) Smart cities

    • IoT can be utilized in solid waste management systems to improve the cleanliness of the city.
    • Smart meters and power grids can improve energy efficiency and reduce transmission loss.
    • IoT can be used to track the air pollution levels in the cities and give a warning when it breaches the prescribed safety levels.
    • IoT can also be used to develop smart transportation systems to minimize congestion in the cities.

    (8) Smart Retail

    • IoT provides an opportunity to retailers to connect with the customers to enhance the in-store experience. Interacting through Smartphones and using Beacon technology can help retailers serve their consumers better.
    • They can also track consumers’ paths through a store and improve store layout and place premium products in high traffic areas.

    (9) Energy Engagement

    • Power grids of the future will not only be smart enough but also highly reliable.
    • The basic idea behind the smart grids is to collect data in an automated fashion and analyze the behavior or electricity consumers and suppliers for improving efficiency as well as the economics of electricity use.
    • Smart Grids will also be able to detect sources of power outages more quickly and at individual household levels like a nearby solar panels, making possible distributed energy systems.

    What is the case with India?

    • IoT is the natural evolution of the internet and has many benefits including boosting global economies, improving public utilities, and increasing efficiencies.
    • Many of our global counterparts have already begun reaping the rewards of investing in IoT-based infrastructure.
    • The Indian government outlined a plan to leverage IoT as part of the Digital India mission.
    • The Indian IoT market is expected to reach $15 billion by 2020 and constitute 5% of the global market.
    • Investing in IoT will boost our economy on par with global leaders and it will also bring in investments, create jobs and improve Indian public infrastructure

    What are the measures taken by the government to promote IoT?

    • The central government launched a plan to utilize IoT as part of the Digital India mission.
    • The government came up with the National Digital Communications Policy 2018 to satisfy the modern realities of the telecom such as 5G technology, IoT, Machine to Machine (M2M) communication, etc.
    • The government also allowed 100% FDI in the telecom sector. This will help in the development and growth of the IoT.
    • Department of Electronics and Information Technology (DeITY) has published a draft policy for IoT. The target is to establish an IoT market of USD 15 billion by 2020 and having a share of 5-6% in the global IoT industry.

    Challenges with the IoT

    • Data Breach: Having access to data is excellent. Unfortunately, our personal data is more exposed.
    • Dependence on Technology: IoT is mainly dependent on the internet connection. When there is none, it can’t be used.
    • Complexity in Operation: IoT may seem to be managing tasks with ease, a lot of complex operations are done behind it. If by mistake the software makes a wrong calculation, this will affect the rest of the process.
    • Our Safety: As all the household appliances, industrial machinery, public sector services and many other devices all are connected to the Internet, a lot of information is available on it. This information is prone to attack by hackers. It would be very disastrous if private and confidential information is accessed by unauthorized intruders.
    • Inter Compatibility: As devices from various manufacturers will be interconnected to each other, the issue of compatibility in tagging and monitoring increases. This disadvantage can be overcome if manufacturers make a common standard, but there is still a possibility that the technical problems may still persist.
    • Lesser Employment of Menial Staff: The uneducated workers and helpers may lose their jobs as an effect of automation of daily activities. This can lead to unemployment in the society.
    • Technology Takes Control of Life: Our lives are increasingly controlled by technology and will be dependent on it. The younger generation is already addicted to technology for every little work to be done.

    How is IoT impacting the digital transformation of education?

    • Tracking movement: Integrated systems of IoT, which automatically transmit information about the child boarding the bus, the bus reaching the school, and the child entering the school premises, can be available to both parents and teachers via an app and automated messages.
    • Attendance system: Teachers and faculty members need not waste time on roll call. Instead, the student’s identity card automatically communicates with the sensors in the classroom and marks attendance.
    • Automatic sharing: Taking notes and marking critical points is an integral part of a student’s class activity. But, with IoT, all the contents on the black/whiteboard is automatically converted into a portable document and shared over email.
    • Session capture: An IoT environment automatically captures a classroom session (audio and video) and puts it on a shareable drive. This can be accessed by those students who missed the class. This way learning becomes both inclusive and accessible.
    • Ensuring security: With COVID-19 still doing the rounds, an IoT-based system integrated with CCTVs can scan the campus and spot people who are not wearing masks. The coordinates can be sent as an SMS and an email to the administrative authority for further action.
    • Read and translate: IoT can also be used to quickly scan editable text from books, papers, and other documents directly into a phone, tablet or computer and translate into more than 40 languages.

    Way forward

    • IoT makes life easier at the cost of privacy and hence Data Protection Bill can do a lot well in ensuring the privacy of an individual.
    • Policy-makers, regulators, device manufacturers, supporting industries, and service providers will all have to join hands in creating a safer space online.
    • In India, the NDCP (National Digital Communications Policy) brought alignment from critical stakeholders to advance India’s infrastructure and security around digital communications.
    • The draft IoT policy seeks to establish committees to govern and drive IoT-specific initiatives. It is not yet clear how much access to personal data these committees get and how their actions will be monitored.
    • The Justice Srikrishna Committee had recommended some provisions for personal data protection including a consumer’s right to information, consent, and right to request companies to erase their data if preferred.

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