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  • Freedom of Speech – Defamation, Sedition, etc.

    How to deal with hate speech

    op-ed snap | Governance | Mains Paper 2: Governance, Transparency & Accountability, Citizens Charters,Parliament & State Legislatures

    Context

    On January 12, 2022 , the Supreme Court of India agreed to hear petitions asking for legal action to be taken against the organisers of, and speakers at, the “Hardwar Dharma Sansad”.

    What constitutes hate speech

    • Hate speech is speech that targets people based on their identity, and calls for violence or discrimination against people because of their identity.
    • There is an absence of any legal or social consensus around what constitutes “hate speech.”
    • As societies around the world have long understood, the harm in hate speech is not restricted to direct and proximate calls to violence.
    • Inciting discrimination is part of hate speech: Hate speech works in more insidious ways, creating a climate that strengthens existing prejudices and entrenches already-existing discrimination.
    • This is why – with the exception of the United States of America – most societies define hate speech in terms of both inciting violence, but also, inciting discrimination.

    Challenges in dealing with hate speech

    • Legal challenge: Our laws – as they stand – are unequipped to deal with the challenges of hate speech.
    • The laws commonly invoked in such cases are section 295A of the Indian Penal Code (blasphemy) and section 153A of the Indian Penal Code (creating enmity between classes of people).
    • Hate speech will not always be self-evident: Hate speech, by its very nature, will not always trumpet itself to be hate speech.
    • Rather, it will often assume plausible deniability – as has been seen in the Hardwar case, where statements, worded with the right degree of ambiguity, are now being defended as calls to self-defence rather than calls to violence.
    • Any comprehensive understanding of hate speech is a matter of judgment, and must take into account its ambiguous and slippery nature.
    • Lack of social consensus against hate speech: No matter how precise and how definite we try to make our concept of hate speech, it will inevitably reflect individual judgment. 
    • If, therefore, social and legal norms against hate speech are to be implemented without descending into pure subjectivity, what is needed – first – is a social consensus about what kind of speech is beyond the pale.
    •  In Europe, for example, holocaust denial is an offence – and is enforced with a degree of success – precisely because there is a pre-existing social consensus about the moral abhorrence of the holocaust.

    Conclusion

    Achieving this social consensus is an immense task, and will require both consistent legal implementation over time, but also daily conversations that we, as a society need to have among ourselves.

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  • Women Safety Issues – Marital Rape, Domestic Violence, Swadhar, Nirbhaya Fund, etc.

    Criminalizing Marital Rape in India

    | Indian Society | Mains Paper 1: Social Empowerment

    The Delhi High Court has told the Centre that it will continue hearing the petitions challenging the legal exception to marital rape and not wait for the government’s ongoing process of initiating reform in the criminal laws.

    What is Marital Rape?

    • Marital rape is the act of sexual intercourse with one’s spouse without her consent.
    • It is no different manifestation of domestic violence and sexual abuse.
    • It is often a chronic form of violence for the victim which takes place within abusive relations.

    Status in India

    • Historically considered as right of the spouses, this is now widely classified as rape by many societies around the world.
    • In India, marital rape is not a criminal offense (as protected under IPC section 375).
    • India is one of fifty countries that have not yet outlawed marital rape.

    Reasons for disapproval of this concept

    • The reluctance to define non-consensual sex between married couples as a crime and to prosecute has been attributed to:
    1. Traditional views of marriage
    2. Interpretations of religious doctrines
    3. Ideas about male and female sexuality
    4. Cultural expectations of subordination of a wife to her husband
    • It is widely held that a husband cannot be guilty of any sexual act committed by himself upon his lawful wife their on account of their mutual matrimonial consent.

    Why it must be a crime?

    • Associated physical violence: Rape by a spouse, partner or ex-partner is more often associated with physical violence.
    • Mental harassment: There is research showing that marital rape can be more emotionally and physically damaging than rape by a stranger.
    • Compulsive relationship: Marital rape may occur as part of an abusive relationship.
    • Revengeful nature: Furthermore, marital rape is rarely a one-time event, but a repeated if not frequent occurrence.
    • Obligation on women: In the case of marital rape the victim often has no choice but to continue living with their spouse.

    Violation of fundamental rights

    • Marital rape is considered as the violation of FR guaranteed under Article 14 of the Indian constitution which guarantees the equal protection of laws to all persons.
    • By depriving married women of an effective penal remedy against forced sexual intercourse, it violates their right to privacy and bodily integrity, aspects of the right to life and personal liberty under Article 21.

    Problems in prosecuting marital rape

    • Lack of awareness: A lack of public awareness, as well as reluctance or outright refusal of authorities to prosecute is common globally.
    • Gender norms: Additionally, gender norms that place wives in subservient positions to their husbands, make it more difficult for women to recognize such rape.
    • Acceptability of the concept: Another problem results from prevailing social norms that exist.

    Present regulations in India

    • Indian Penal Code criminalizes rape in most cases, although marital rape is not illegal when the woman is over the age of 18.
    • However, until 2017, men married to those between 15 and 18 could not be convicted of rape.
    • Marital rape of an adult wife, who is unofficially or officially separated, is a criminal offence punishable by 2 to 7 year in prison; it is not dealt by normal rape laws which stipulate the possibility of a death sentence.
    • According to the Protection of Women From Domestic Violence Act (2005), other married women subject to such crime by their husband may demand for financial compensation.
    • They also have the right to continue to live in their marital household if they wish, or may approach shelter or aid homes.

    However, marital rape is still not a criminal offence in this case and is only a misdemeanour.

    Arguments against criminalization

    • Subjective: It is very subjective and intricate to determine whether consent was acquired or not.
    • Prone to Misuse: If marital rape is criminalized without adequate safeguards it could be misused like the current dowry law by the dissatisfied wives to harass and torture their Husbands.
    • Burden on Judiciary: It will increase the burden of judiciary which otherwise may serve other more important causes.

    Way forward

    • Sanctioning marital rape is an acknowledgment of the woman’s right to self-determination (i.e., control) of all matters relating to her body.
    • In the absence of any concrete law, the judiciary always finds it difficult to decide the matter of domestic rape in the absence of solid evidence.
    • The main purpose of marriage is procreation, and sometimes divorce is sought on the ground of non-consummation of marriage.
    • Before giving a final interpretation, the judiciary must balance the rights and duties of both partners.

    Must read:

    [RSTV Archive] Sexual Crime – Fast-tracking Justice

     

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  • Forest Conservation Efforts – NFP, Western Ghats, etc.

    Highlights of the India State of Forest Report, 2021

    DOMR | Enviro & Biodiversity | Mains Paper 3: Conservation, Environmental Pollution & Degradation, Eia

    The Ministry of Environment, Forests and Climate Change (MoEFCC) has released the India State of Forest Report (ISFR) 2021.

    About India State of Forest Report

    • ISFR is an assessment of India’s forest and tree cover, published every two years by the Forest Survey of India under the MoEFCC.
    • The first survey was published in 1987, and ISFR 2021 is the 17th.
    • It compiles data computed through wall-to-wall mapping of India’s forest cover through remote sensing techniques.

    Why need ISFR?

    • It is used in planning and formulation of policies in forest management as well as forestry and agroforestry sectors.

    How are forests categorized?

    The Forest Survey of India has listed four categories of forests. They are:

    1. Very Dense Forest (with tree canopy density of 70 per cent or above)
    2. Moderately Dense Forest (tree canopy density of 40 per cent or above but less than 70 per cent)
    3. Open Forest (tree canopy density of 10 per cent or above but less than 40 per cent)
    4. Scrub (tree canopy density less than 10 per cent)

    Highlights of the ISFR, 2021

    [1] Forest cover is increasing

    • ISFR 2021 has found that the forest and tree cover in the country continues to increase with an additional cover of 1,540 square kilometres over the past two years.
    • India’s forest cover is now 7,13,789 square kilometres, 21.71% of the country’s geographical area, an increase from 21.67% in 2019.
    • Tree cover has increased by 721 sq km.
    • Bamboo forests have grown from 13,882 million culms (stems) in 2019 to 53,336 million culms in 2021.

    [2] State-wise gain/losses

    • The states that have shown the highest increase in forest cover are Telangana (3.07%), Andhra Pradesh (2.22%) and Odisha (1.04%).
    • The Northeast states account for 7.98% of total geographical area but 23.75% of total forest cover.
    • Five states in the Northeast – Arunachal Pradesh, Manipur, Meghalaya, Mizoram and Nagaland have all shown loss in forest cover.
    • The report has attributed the decline in the NE states to a spate of natural calamities, particularly landslides and heavy rains, in the region as well as to anthropogenic activities.

    [3] Increase in Mangrove cover

    • Mangroves have shown an increase of 17 sq km. India’s total mangrove cover is now 4,992 sq km.

    [4] Increase in carbon stock

    • The total carbon stock in country’s forests is estimated at 7,204 million tonnes, an increase of 79.4 million tonnes since 2019.

    [5] Big cats population

    • ISFR 2021 has some new features. It has for the first time assessed forest cover in tiger reserves, tiger corridors and the Gir forest which houses the Asiatic lion.
    • The forest cover in tiger corridors has increased by 37.15 sq km (0.32%) between 2011-2021, but decreased by 22.6 sq km (0.04%) in tiger reserves.
    • Buxa, Anamalai and Indravati reserves have shown an increase in forest cover while the highest losses have been found in Kawal, Bhadra and the Sunderbans reserves.
    • Pakke Tiger Reserve in Arunachal Pradesh has the highest forest cover, at nearly 97%.

     [6] Impact of climate change

    • The report estimates that by 2030, 45-64% of forests in India will experience the effects of climate change and rising temperatures, and forests in all states will be highly vulnerable climate hot spots.
    • Ladakh (forest cover 0.1-0.2%) is likely to be the most affected.
    • India’s forests are already showing shifting trends of vegetation types, such as Sikkim which has shown a shift in its vegetation pattern for 124 endemic species.

    [7] Forest fires

    • The survey has found that 35.46 % of the forest cover is prone to forest fires.
    • Out of this, 2.81 % is extremely prone, 7.85% is very highly prone and 11.51 % is highly prone
    • The highest numbers of fires were detected in Odisha, Madhya Pradesh and Chhattisgarh.

    Concerns with the declining trends

    • It is worrying that a 1,582 sq km decline was in moderately dense forests, or “natural forests”.
    • This decline shows a degradation of forests in the country, say experts, with natural forests degrading to less dense open forests.
    • Also, scrub area has increased by 5,320 sq km – indicating the complete degradation of forests in these areas.

     

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  • Foreign Policy Watch: India-Sri Lanka

    India extends $900 mn aid to Sri Lanka

    | International Relations | Mains Paper 2: Bilateral, Regional and Global Groupings and agreements involving India

    India has confirmed a $400 million currency swap with Sri Lanka while deferring another $500 million due for settlement to the Asian Clearing Union (ACU).

    What is the news?

    • Sri Lanka is facing a severe dollar crunch that economists say might lead to a default on external debt and create a food shortage in the imports-reliant island nation.
    • In this regard, the Reserve Bank of India has extended currency swap facilities of $900 million to Sri Lanka.

    What are Currency Swaps?

    • A currency swap, also known as a cross-currency swap, is an off-balance sheet transaction in which two parties exchange principal and interest in different currencies.
    • Currency swaps are used to obtain foreign currency loans at a better interest rate than could be got by borrowing directly in a foreign market.

    Practice question for mains:

    Q. What are Currency Swaps? Discuss the efficacy of Currency Swap Agreements for enhancing bilateral cooperation in Indian context.

    How does it work?

    • In a swap arrangement, RBI would provide dollars to a Lankan central bank, which, at the same time, provides the equivalent funds in its currency to the RBI, based on the market exchange rate at the time of the transaction.
    • The parties agree to swap back these quantities of their two currencies at a specified date in the future, which could be the next day or even three months later, using the same exchange rate as in the first transaction.
    • These swap operations carry no exchange rate or other market risks, as transaction terms are set in advance.

    Why does one need dollars?

    • FPIs investors look for safer investments but the current global uncertainty over COVID outbreak has led to a shortfall everywhere in the global markets.
    • This has pulled down foreign exchange reserves of many small and developing countries.
    • This means that the government and the RBI cannot lower their guard on the management of the economy and the external account.

    Benefits of currency swap

    • The absence of an exchange rate risk is the major benefit of such a facility.
    • This facility provides the flexibility to use these reserves at any time in order to maintain an appropriate level of balance of payments or short-term liquidity.
    • Swaps agreements between governments also have supplementary objectives like the promotion of bilateral trade, maintaining the value of foreign exchange reserves with the central bank and ensuring financial stability (protecting the health of the banking system).

    Back2Basics: Asian Clearing Union (ACU)

    • The ACU with headquarters in Tehran, Iran, was established on December 9, 1974, at the initiative of the United Nations Economic and Social Commission for Asia and the Pacific (ESCAP).
    • The primary objective of ACU was to secure regional co-operation as regards the settlement of eligible monetary transactions among the members of the Union/
    • It now aims to provide a system for clearing payments among the member countries on a multilateral basis.
    • The unit of settlement of ACU transactions is a common unit of account of ACU, and the unit is equivalent to one USD, and the Asian Monetary Unit may be denominated as ACU dollars and Euro.

    Must read:

    [Burning Issue] India – Sri Lanka relations in recent times

     

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  • Telecom and Postal Sector – Spectrum Allocation, Call Drops, Predatory Pricing, etc

    Millimeter Wave band in 5G auctions

    Prelims Only | Economics | Mains Paper 3: Infrastructure: Energy, Ports, Roads, Airports, Railways Etc.

    The Telecom Regulatory Authority of India (TRAI) has asked for views on band plan, block size, and conditions for auction of spectrum in 5G bands, which includes Millimetre (mm) Wave band of 24.25-28.5 GHz.

    Must read:

    Status of 5G Rollout in India

    What is 5G technology?

    • 5G or fifth generation is the latest upgrade in the long-term evolution (LTE) mobile broadband networks.
    • It’s a unified platform that is much more capable than previous mobile services with more capacity, lower latency, faster data delivery rate and better utilisation of spectrum.

    5G spectrum

    5G mainly works in 3 bands, namely low, mid and high-frequency spectrum — all of which have their own uses as well as limitations.

    (1) Low band spectrum

    • It has a great promise in terms of coverage and speed of internet and data exchange but the maximum speed is limited to 100 Mbps (Megabits per second).
    • So Telcos can use and install it for commercial cell phone users who may not have specific demands for very high speed internet, the low band spectrum may not be optimal for specialized needs of the industry.

    (2) Mid-band spectrum

    • It offers higher speeds compared to the low band, but has limitations in terms of coverage area and penetration of signals.
    • This band may be used by industries and specialized factory units for building captive networks that can be moulded into the needs of that particular industry.

    (3) High-band spectrum

    • It offers the highest speed of all the three bands, but has extremely limited coverage and signal penetration strength.
    • Internet speeds in the high-band spectrum of 5G has been tested to be as high as 20 Gbps (giga bits per second), while, in most cases, the maximum internet data speed in 4G has been recorded at 1 Gbps.

    What is Millimetre (mm) Wave Band?

    • Millimetre Wave band or mmWave is a particular segment of radio frequency spectrum that range between 24 GHz and 100 GHz.
    • This spectrum, as the name suggests, has a short wavelength, and is apt to deliver greater speeds and lower latencies.
    • This in turn makes data transfer efficient and seamless as the current available networks work optimally only on lower frequency bandwidths.

    Significance of this mm band

    • 5G services can be deployed using lower frequency bands.
    • They can cover greater distances and are proven to work efficiently even in urban environments, which are prone to interference.
    • But, when it comes to data speeds, these bands fail to hit peak potential needed for a true 5G experience.
    • So, mmWave is that quintessential piece in the 5G jigsaw puzzle for mobile service providers.

    Concerns with inclusion of mm-band

    • The mm bands have been preserved for satellite-based broadband services as per the decision taken by the International Telecommunication Union (ITU).
    • Providing excess spectrum could pose a downside risk of the bands going unsold, or even worse, underutilised by terrestrial players at the expense of satellite-based service providers.
    • Offering excessive spectrum will result in Indian citizens being denied the benefits of high-demand, advanced satellite broadband services.
    • In addition to this, it will result in a massive loss to the Indian economy of up to $184.6 billion by 2030, along with the loss of foreign direct investment (FDI) and employment generation benefits.

    How could this disrupt the satellite communication industry?

    • Internet has largely been provided to users via fibre-optic based broadband connectivity or mobile network.
    • Of late, another class of Internet vendors is showing up. These are satellite-based communication service providers.
    • For example, SpaceX’s Starlink and Bharti Airtel’s OneWeb are some of the players in this market.
    • This segment uses Low-Earth Orbit (LEO) satellites to provide broadband to both urban and rural users. Their service could also be used for weather predictions.
    • The mm band had been the subject of controversy due to out-of-band emissions into the passive satellite band used for weather satellites at 23.6-24 GHz.

    HeaWay ahead

    • The allocation of mmWave band is critical to the satellite communication industry, which needs a stronger regulatory support to ensure that 5G operations don’t interfere with their existing operations.
    • The industry body pointed to Europe’s “5G Roadmap”, which is built on the ITU’s decision to hold these bands for satellite-based broadband services.

     

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  • Economic Indicators and Various Reports On It- GDP, FD, EODB, WIR etc

    Dravidian Model of Development

    | Economics | Mains Paper 3: Inclusive Growth & Issues

    The Chief Minister of Tamil Nadu is pushing for a ‘Dravidian Model’ where economic development is inclusive.

    What is the Dravidian Model?

    • The goal is equal economic development that will be in tune with social justice.
    • It has taken root since the days of the Justice Party government [in pre-Independent India].
    • TN polity has divided the task into short-term and long-term, and travels with the objective of improving the economy by implementing them within the time frame.

    Note: The Government of India Act 1919 implemented the Montagu-Chelmsford reforms, instituting a Diarchy in Madras Presidency. The diarchial period extended from 1920 to 1937, encompassing five elections. Justice party was in power for 13 of 17 years.

    Unique features of this developmental approach

    (1) Financial planning

    • TN has constituted an Economic Advisory Council comprising internationally renowned economists since there is a need to evolve an economic development to suit the current situation.
    • It has emerged out higher as comparatively high levels of human development with economic dynamism.

    (2) Health and education

    • It sought and ensured opportunity-equalizing policies in the expanding modern sectors through affirmative action policies and investments in education and health.
    • Tamil Nadu has been a pioneer in broad-basing entry into school education through a slew of incentives, the noon meal scheme being the most well-known.

    (3) Social Harmony

    • It also succeeded in building a bloc of lower caste groups under a Dravidian-Tamil identity that subsumed and sought to transcend individual caste identities.
    • It has distinct political mobilization against caste-based inequalities in the state.
    • Mobilization built an ethos that questioned the privileges of caste elites and the naturalness of merit in a caste society.

     

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  • How the Seventh Schedule affects delivery of public goods

    op-ed snap | Polity | Mains Paper 2: Federalism,Indian Constitution – historical underpinnings, evolution, features, amendments, significant provisions and basic structure

    Context

    Without delegation of funds, functions and functionaries, local governments are unable to respond to pressure from citizens who demand greater efficiency.

    Background of the Seventh Schedule

    •  Article 246 of the Constitution mentions three lists in the Seventh Schedule — union, state and concurrent lists.
    • The present Seventh Schedule and union (at that time Federal) list, state (at that time Provincial) list and concurrent lists are inherited from that 1935 piece of legislation.
    • It states that “Notwithstanding anything in the two next succeeding subsections, the Federal Legislature has, and a Provincial Legislature has not, power to make laws with respect to any of the matters enumerated in List I in the Seventh Schedule to this Act.”

    Delivery of public goods

    • Ignoring that narrow and technical definition of public good, loosely, we understand “public good” as something that must be delivered by the government.
    • It cannot, or should not, be delivered by the private sector.
    • Notwithstanding the use of private security guards, most people will agree “law and order” is a public good.
    • Most public goods people will think of are efficiently delivered at the local government level, not Union or state level.
    •  There is a Seventh Schedule issue that is thus linked to the insertion of a local body list.
    • Countervailing pressure by citizens increasingly demands efficient delivery of such public goods.
    • But without delegation of funds, functions and functionaries, presently left to the whims of state governments, local governments are unable to respond.

    Need for the review of the Seventh Schedule Lists

    • No local body list: Most public goods people will think of are efficiently delivered at the local government level, not Union or state level.
    • There is a Seventh Schedule issue that is thus linked to the insertion of a local body list.
    •  But without delegation of funds, functions and functionaries, presently left to the whims of state governments, local governments are unable to respond.
    • The Rajamannar Committee — formally known as Centre-State Relations Inquiry Committee suggested constitution of a High Power Commission to examine the entries of Lists I and III in the Seventh Schedule to the Constitution and suggest redistribution of the entries,”.
    • Changes in the past led to greater centralisation: Items have moved from the state list to the concurrent list and from the concurrent list to the union list.
    • Such limited movements have reflected greater centralisation, such as in 1976.
    •  N K Singh, Chairman of 15th Finance Commission has also often made this point, in addition to scrutiny of Article 282.

    Conclusion

    For the sake of better governance, it’s not an issue that should be ducked and the basic structure doctrine doesn’t stand in the way.

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  • Foreign Policy Watch: India-Pakistan

    Pakistan’s New Security Policy

    | International Relations | Mains Paper 2: India & Its Neighborhood – Relations

    Peace with India and its immediate neighbors is set to be the central theme of Pakistan’s first-ever National Security Policy.

    Why has this news made headlines?

    • Pakistan’s (official) policy now leaves the door open for trade with India even without the settlement of the Kashmir issue – provided there is headway in bilateral talks.
    • Earlier, Kashmir used to be at the centre-stage of all Pakistani outcry.

    New Security Policy

    • The country’s new policy would act as an umbrella document, to be used as a guideline for Pakistan`s foreign, international and defence related policies.
    • The five-year-policy document, which will span 2022-26, is being touted by the Pakistan government as the country’s first-ever strategy paper of its kind.

    Key highlights

    • Focus on trade: The 100-page policy document has also put out elaborate plans to open trade and business ties with India.
    • Silent on Kashmir: Kashmir issue with India has been identified as a ‘vital national policy’ issue for Pakistan.
    • No public discussion: Only a part of the national security policy will be made public.
    • Defying hostility with India: The document states that Pakistan is not seeking hostility with India for the next 100 years.
    • Curbing militancy: The new policy also deals with the issue of militant and dissident groups and advocates dialogue with ‘reconcilable elements.’
    • No re-conciliation with India: There are no prospects of rapprochement with India under the current government.
    • Others: On the internal front, the new policy identifies five key areas of population/migration, health, climate and water, food security and gender mainstreaming.

    Significance of such policy

    • Pakistan and India have mostly been at loggerheads with each other throughout history.
    • During the first term of Narendra Modi in 2014, the relations took a positive turn when he announced his intentions to have cordial relations with Pakistan.
    • He had also visited Islamabad in 2015 unannounced to attend a marriage ceremony in Ex-PMs family.
    • However, the relations deteriorated following the horrific 2016 Uri attacks.

    Way ahead

    • Pivotal equations between India and Pakistan will continue to be dominated by Kashmir, the ongoing proxy war and terrorism.
    • It is unlikely that this prevailing equilibrium is likely to be reset by this classified policy document. That too overnight.
    • The India-centric security obsession will remain the core of this policy.

     

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  • Freedom of Speech – Defamation, Sedition, etc.

    Hate speech: SC seeks response from govt.

    | Polity | Mains Paper 2: Indian Constitution – historical underpinnings, evolution, features, amendments, significant provisions and basic structure

    The Supreme Court has asked the Ministry of Home Affairs (MHA) and the police to respond to petitions that people accused of delivering hate speeches at a religious conference in Haridwar have not been arrested yet.

    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.

    Way 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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  • Foreign Policy Watch: India-Africa

    Chinese scramble for Africa

    | International Relations | Mains Paper 2: Bilateral, Regional and Global Groupings and agreements involving India

    Chinese Foreign Minister has visited Eritrea, Kenya, and Comoros in the first week of January as part of a five-nation tour.

    Why in news?

    • Chinese FM was observing a 32-year-old Beijing ritual of visiting Africa at the beginning of every year.
    • In fact, China’s links with the continent go back farther than the last three decades.

    China-Africa Ties: A backgrounder

    • In the Cold War years, as the US and Soviet Union jousted for influence over Africa, China maintained an ideological presence on the continent.
    • In 1966, after Kwame Nkrumah was ousted in a coup while he was in Beijing, the Chinese put up the Ghananian independence leader for a few days before he decided to leave for Guinea.
    • Since the 1990s, China has successfully used its old ties with several African countries to remodel the relationship, using the abundant natural resources of the continent to service its own massive growth.

    [A] Strategic gestures

    • Diplomatic establishments: China has a special envoy to the Horn of Africa where Eritrea, Ethiopia, Somalia, Djibouti and Kenya are located. It shows the strategic importance of this Indian Ocean region for China.
    • Military bases: Since 2017, Beijing has had a military base in Djibouti with 400 soldiers of the PLA, in close proximity to French and an American base.
    • Railway lines: A Chinese-built railway line connects Djibouti to the Ethiopian capital Addis Ababa.

    [B] Infrastructure Projects

    • Tanzania: The first Chinese infrastructure project on the continent was the 1,860-km Tanzania-Zambia railway in the 1970s — the first transnational railway in Africa.
    • Zambia: In addition to carrying passengers, it transported ore from Zambian copper mines to the port city of Dar-es-Salam in Tanzania.
    • Kenya: China has undertaken major Belt and Road initiatives in Kenya. Recently, there was held completion ceremony of the Chinese-built oil terminal at the port city of Mombasa.
    • Comoros Islands: In the Comoros Islands, off Mozambique, China has made many development assistance.

    [C] Loans and trade

    • For a dozen years, China has been Africa’s biggest trading partner. Undoubtedly, the balance of trade is heavily in favour of China.
    • Two-way trade in 2020 was $ 187 billion, according to the ‘China-Africa Annual Economic and Trade Relationship Report 2021’.
    • The top five African recipients of Chinese investments are South Africa, the Democratic Republic of Congo, Angola, Ethiopia, and Zambia.
    • While the main investments in countries across Africa are in infrastructure construction projects and mining, China is also investing in transport, scientific research, and the services sector.

    [D] Others

    • China has huge demand for African ivory, abalone, rhinoceros tusk and materials from other endangered species.
    • This has taken a significant toll on conservation efforts.

    Major Chinese accomplishments

    • The question of Taiwan has been a key political issue for China these days.
    • In 1971, the support of African nations was crucial in China’s joining the United Nations (UN), taking over the seat on Taiwan.
    • Many African countries, such as Algeria, Egypt, Ethiopia, and Zambia have stressed their support for a “one-China policy”.

    Criticisms of Chinese Scramble in Africa: A neo-colonialism in making

    • There are a variety of critical perspectives scrutinizing the balance of power relationship between China and Africa, and China’s role concerning human rights in Africa.
    • Increasingly, concerns have been raised by Africans and outside observers that China’s relationship with Africa is neocolonialist in nature.

     

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