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  • Section 153A: its use and misuse

    153

    Central idea: A politician was recently arrested under Section 153A of IPC for the alleged use of objectionable words against the Prime Minister.

    Section 153A: What the law says

    • Section 153A of the Indian Penal Code (IPC) penalises “promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony”.
    • This is punishable with imprisonment up to three years, or with fine, or with both.
    • The provision was enacted in 1898 and was not in the original penal code.
    • At the time of the amendment, promoting class hatred was a part of the English law of sedition, but was not included in the Indian law.

    Charges laid for remarks against PM

    The FIR mentioned the use of Sections-

    • 153B(1) (Making imputations, assertions prejudicial to national integration);
    • 295A (Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs);
    • 500 (Defamation); and
    • 504 (Intentional insult with intent to provoke breach of the peace).

    Conviction rates under Section 153A

    • Data from the National Crime Records Bureau (NCRB) show that the rate of conviction for Section 153A is very low.
    • In 2020, 1,804 cases were registered, six times higher than the 323 cases in 2014.
    • However, the conviction rate in 2020 was 20.2%, suggesting that the process often becomes the punishment.

    Issues with the law

    • Hate speech laws have been invoked under regimes of all parties to crack down on criticism of public functionaries and to arrest individuals.
    • The invocation of Section 153A is often criticized for restricting free speech and misusing the legal processes for political purposes.

    Safeguards against misuse

    • Given that the provisions are worded broadly, there are safeguards against its misuse.
    • For example, Sections 153A and 153B require prior sanction from the government for initiating prosecution.
    • But this is required before the trial begins, and not at the stage of preliminary investigation.
    • To curb indiscriminate arrests, the Supreme Court laid down a set of guidelines in its 2014 ruling in Arnesh Kumar v State of Bihar.
    • As per the guidelines, for offenses that carry a sentence of fewer than seven years, the police cannot automatically arrest an accused before investigation.

     

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  • What is a Caveat in Judiciary?

    Recently, the Supreme Court bench reprimanded a law student for filing a caveat in a petition seeking menstrual leave for female students and working women across Indian institutions.

    What is a Caveat?

    • In common parlance, a caveat refers to “warning” or “caution”.
    • However, legally it connotes a “formal notice requesting the court to refrain from taking some specified action without giving prior notice to the person lodging the caveat.”
    • The person lodging the caveat is called a “caveator”.
    • The provision was inserted by the Amendment Act of 1976 after the Law Commission’s recommendation by Section 148A of the Civil Procedure Code (CPC).
    • However, the term is not expressly defined anywhere except in the Calcutta High Court’s 1978 ruling.

    Who can fill the Caveat?

    • Any person has a right to lodge a caveat in a Court.
    • Any person claiming a right to appear before the Court on the hearing of such application may lodge a caveat in respect thereof.
    • The caveator or the person lodging is also required to serve a notice of the caveat by “registered post” to the person on whose plea they are lodging the application

     

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  • CCR5-delta 32 Gene Transplant: Permanent cure of HIV

    hiv

    Central idea: This article discusses recent developments in the field of HIV research that have led to the possibility of a cure for the disease.

    What is HIV/AIDS?

    • HIV (human immunodeficiency virus) is a virus that attacks cells that help the body fight infection, making a person more vulnerable to other infections and diseases.
    • First identified in 1981, HIV is the cause of one of humanity’s deadliest and most persistent epidemics.
    • It is spread by contact with certain bodily fluids of a person with HIV, most commonly during unprotected sex, or through sharing injection drug equipment.
    • If left untreated, HIV can lead to the disease AIDS (acquired immunodeficiency syndrome).
    • The human body can’t get rid of HIV and no effective HIV cure exists.

    Present treatment of HIV

    • However, by taking HIV medicine (called antiretroviral therapy or ART), people with HIV can live long and healthy lives and prevent transmitting HIV to their sexual partners.
    • In addition, there are effective methods to prevent getting HIV through sex or drug use, including pre-exposure prophylaxis (PrEP) and post-exposure prophylaxis (PEP).

    What is the new breakthrough?

    • Doctors selected a donor carrying two copies of a CCR5-delta 32 genetic mutation – a mutation that is known to make the carriers almost immune to HIV.
    • The CCR5-delta 32 genetic mutation is a rare genetic mutation that affects the CCR5 gene, which is involved in the immune system’s response to infection.
    • The mutation causes a deletion of 32 nucleotides in the gene, resulting in a truncated or shortened version of the CCR5 protein.
    • This truncated protein is not able to function normally, and people with this mutation are largely resistant to HIV infection.

    How has the CCR5-delta 32 mutation been used in HIV research?

    • Researchers have been studying the CCR5-delta 32 mutation as a potential avenue for developing an HIV cure.
    • One approach involves using gene editing technologies like CRISPR to induce the mutation in HIV-positive individuals, effectively making their immune cells resistant to HIV infection.
    • Another approach involves bone marrow transplantation from donors with the CCR5-delta 32 mutation.

    What are the risks associated?

    • Gene editing technologies like CRISPR are still in their early stages, and there are concerns about the safety and effectiveness of these methods.
    • Additionally, bone marrow transplantation is a complex and risky procedure that is not feasible for all HIV-positive individuals.
    • Finally, it is important to note that not all HIV infections are caused by the CCR5 strain of the virus, and therefore the use of the CCR5-delta 32 mutation as an HIV cure would not be effective for all cases of HIV.

    Prevalence of HIV/AIDS in India

    • As per the India HIV Estimation 2019 report, the estimated adult (15 to 49 years) HIV prevalence trend has been declining in India since the epidemic’s peak in the year 2000 and has been stabilizing in recent years.
    • In 2019, HIV prevalence among adult males (15–49 years) was estimated at 0.24% and among adult females at 0.20% of the population.
    • There were 23.48 lakh Indians living with HIV in 2019.
    • Maharashtra had the maximum at 3.96 lakh followed by Andhra Pradesh (3.14 lakh) and Karnataka.
    • ART is freely available to all those who require and there are deputed centres across the country where they can be availed from.

     

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  • (WATCH Live) Not able to cross the 90 marks barrier in UPSC prelims mocks? 10-steps proven strategy by Pravin sir, IAS faculty

    (WATCH Live) Not able to cross the 90 marks barrier in UPSC prelims mocks? 10-steps proven strategy by Pravin sir, IAS faculty

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    Nobody will dare to gainsay that clearing UPSC Prelims isn’t the result of hardcore revision and knowledge. And it’s also true that even after burning the midnight oil 99% of Aspirants start doubting their own accuracy because they can’t cross 90 marks barrier in their UPSC Prelims Mock Test itself. 

    As a result, overthinking, depression, and the fear of failure engulf 99.99% of candidates far before the Real Prelims exam. 

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    It never happens.

    Pravin sir, Head of Civilsdaily Pune Branch and Mentor of 500+ successful candidates, opines that those who understand the importance of Mock-Tests and score at least above 100 marks in them are able to clear UPSC Prelims with flying colors.

    He also says that scoring 100+ in at least 60% of Mock tests is the only indication of your Prelims Readiness.

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    • Date: 26th Feb 2023, Sunday
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    2. How to cross 90 marks barrier in UPSC mock tests spontaneously.
    3. What are the top 10 ways to evaluate your performance and identify your weak areas?
    4. What are the different approaches to attempting subject-wise and full-fledged preliminary tests?
    5. How to develop intelligent guessing by attempting only 60 questions with 100% accuracy rather than attempting 90 questions with blind guessing?
    6. How many rounds are actually needed to attempt any mock test paper?
    7. Untold best strategies to deal with offbeat questions
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    About Pravin Sir:

    Pravin sir is a senior IAS mentor with CivilsDaily for nearly 4+ years and is now Working as a Mentor Head and CivilsDaily’s Pune center head. He has cleared all 6 UPSC Prelims, appeared for two UPSC interviews. Last year 138 students under his mentorship crossed UPSC Prelims stage and wrote Mains 2022.

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  • R&D Expenditure And The Perils of Inadequate Data

    Central Idea

    • India’s research and development (R&D) expenditure-GDP ratio of 0.7% is very low when compared to major economies and is much below the world average of 1.8%. The main reason is the low investment in R&D by the corporate sector.

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    Overview: Spending’s on R&D in India

    • While the corporate sector accounts for about two-thirds of gross domestic expenditure on R&D (GERD) in leading economies, its share in India is just 37%. There is evidence, however, suggesting that India’s GERD data are an underestimate.
    • A 2022 infobrief of the National Science Foundation (NSF) of the United States on Foreign R&D by U.S.-based multinational corporations (MNCs) shows a spend of $9.5 billion (₹649.7 billion) on R&D in India in 2018, which increased to $9.8 billion (₹690.2 billion) in the following year.
    • There are MNCs from other leading countries also spending on R&D in India.
    • But the latest Research and Development Statistics, published by the Department of Science and Technology (DST) in 2020, has provided an estimate of ₹60.9 billion R&D spending in 2017-18 by foreign MNCs, which is only about 10% of what U.S. firms have reported to have spent in India on R&D.

    What is Gross Domestic Expenditure On R&D (GERD)?

    • Gross domestic spending on R&D is defined as the total expenditure (current and capital) on R&D carried out by all resident companies, research institutes, university and government laboratories, etc., in a country.
    • It includes R&D funded from abroad, but excludes domestic funds for R&D performed outside the domestic economy.
    • This indicator is measured in USD constant prices using 2015 base year and Purchasing Power Parities (PPPs) and as percentage of GDP.
    • It is often used as an indicator of a country’s level of innovation and technological progress.

    Issues with the current system

    • NSTMIS compiles GERD data: The National Science and Technology Management Information System (NSTMIS) of the DST is the agency that compiles GERD statistics in India.
    • Challenge is to collect data from private sector: It is easier to gather the information on R&D by the government sector, the higher education sector and public sector enterprises. The challenge lies in collecting data from the private corporate sector.

    There are two key factors that make the official R&D estimates grossly inadequate

    1. The method used for identification of R&D performing firms does not capture all the R&D performing firms.
    • NSTIMS uses DSIR and Prowess to identify R&D units: A study found only 11% of 298 firms receiving foreign investment (2004-16) for R&D were registered with DSIR. Prowess covers only 3.5% of currently active registered enterprises in India. Leading enterprises in new technology areas may not be listed in both databases, such as SigTuple Technologies.
    • The DSIR list may not have many of the actual R&D performers for two reasons: Firms which consider government incentives as not attractive enough or that are sensitive about sharing critical information with the DSIR may not be inclined to register themselves with the DSIR. 2. It may be difficult for R&D firms in services such as software and R&D services to meet the requirement of having separate infrastructure for R&D to distinguish it from their usual business. In fact, many of the R&D performing enterprises in new technology areas may come under the services category.
    1. The survey conducted by the NSTMIS is the key source of R&D statistics of India
    • Data from Secondary sources works only if firms disclose their R&D spending: If firms don’t respond to the survey, data is collected from secondary sources like annual reports and Prowess. Some firms don’t report R&D spending despite their technology activities, patents and innovators. They may not feel obliged to report accurately to Indian regulatory authorities.
    • For instance: A review of the documents submitted to the Ministry of Corporate Affairs (MCA) by some R&D-oriented firms shows that there are firms which do not report any spending on R&D in spite of their declarations that suggest that they are engaged in activities of technology development, adoption and adaptation.

    What is to be done?

    • Short term measure: the NSTMIS should use the patents granted data, both in India and the U.S., in addition to its current method to identify R&D performing enterprises.
    • Mandatory disclosure: Annual R&D estimates can be prepared from mandatory disclosures that the enterprises are required to make to the MCA.
    • Technologies can be employed to ensure compliance and proper reporting: In order to ensure compliance and proper reporting, technologies can be used like in the case of revamped income-tax return forms where various sections are interlinked.
    • Spending data should be made an essential component of ESG: Additionally, proper disclosure of information to regulatory agencies, including R&D spending data, should be made an essential component of the environmental, social and governance (ESG) ranking of enterprises.

    Conclusion

    • Concrete data on R&D spending is crucial as it helps to identify areas needing investment, promotes economic growth, informs policymaking decisions, tracks progress, and evaluates policy effectiveness in promoting innovation and technological development. Transforming India’s R&D statistics to truly reflect the R&D ecosystem calls for short-term and medium-term measures.

  • Repo Rate Hike: Impact Should be Considered Before Making Decisions

    Rate

    Central Idea

    • In its last meeting, held just a few days after the Union budget, the monetary policy committee (MPC) of the RBI had voted to raise the benchmark repo rate by 25 basis points. The MPC noted that calibrated action was warranted to break the persistence in core inflation. This surprise uptick in inflation is likely to complicate the policy choices before the MPC members when it meets next in the first week of April.

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    What is Basis points we often hear about?

    • A basis point is a unit of measurement used to express changes in interest rates, bond yields, and other financial indicators.
    • One basis point is equal to one-hundredth of a percentage point, or 0.01%.
    • For example, If the Reserve Bank of India (RBI) raises the repo rate by 25 basis points, it means that the interest rate has increased by 0.25%.

    What it indicates?

    • If the Reserve Bank of India (RBI) keeps raising the repo rate by basis points, it is an indication that the central bank is tightening its monetary policy stance to manage inflationary pressures in the economy.

    Back to basics: Monetary Policy Committee (MPC)

    • Committee of RBI to fix the benchmark policy: The Monetary Policy Committee (MPC) is a committee of the RBI, which is entrusted with the task of fixing the benchmark policy interest rate (repo rate) to contain inflation within the specified target level.
    • To bring transparency and accountability: The RBI Act, 1934 was amended by Finance Act (India), 2016 to constitute MPC to bring more transparency and accountability in fixing India’s Monetary Policy.
    • Policy is published after discussion: The policy is published after every meeting with each member explaining his opinions.
    • Answerable to GOI: The committee is answerable to the Government of India if the inflation exceeds the range prescribed for three consecutive months.

    What is Inflation?

    • Inflation is an increase in the level of prices of the goods and services that households buy. It is measured as the rate of change of those prices.
    • Typically, prices rise over time, but prices can also fall (a situation called deflation).

    The current trends of Inflation

    • Rise in retail inflation: Retail inflation, as measured by the consumer price index, rose to 6.52 per cent in January, up from 5.72 per cent in December, reversing the declining trend seen in the preceding months.
    • Much of the surge was driven by food inflation: The consumer food price index rose to 5.94 per cent, up from 4.19 the month before, driven largely by cereals.
    • Price pressure remain across the economy: Inflation remained elevated in clothing and footwear, household goods and services, personal care effects and education, signalling that price pressures remain fairly broad-based across the economy.

    RBI’s Upper tolerance limit for inflation

    • Highest level of inflation that can be tolerated: The upper tolerance limit for inflation set by the Reserve Bank of India (RBI) is the highest level of inflation that the RBI will tolerate before taking action to bring inflation back within its target range.
    • RBI’s limit: The target range is defined in terms of the Consumer Price Index (CPI) inflation and the RBI has set an upper tolerance limit of 6% and a lower tolerance limit of 2% with a central target of 4%. This means that the RBI aims to keep CPI inflation within the range of 2-6%, with a target of 4%.
    • Tools to contain inflation: If inflation exceeds the upper tolerance limit of 6%, the RBI is required to take steps to bring inflation back within the target range. The RBI uses a variety of monetary policy tools to control inflation, including adjusting the policy interest rate, changing reserve requirements for banks, and using open market operations to manage liquidity in the financial system.

    Conclusion

    • Monetary policy experts Varma and Goyal suggest pausing to observe the impact of previous tightening before taking further action. Despite a cumulative 250 basis point increase, inflation is still expected to remain above the 6% target. The full impact of previous tightening should be considered before making any decisions.

    Mains Question

    Q. What is upper threshold of the RBI’s inflation targeting framework? Discuss the impact of policy interest rate hikes on the economy.

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  • Anti-defection Law and The Loopholes

    defection

    Central Idea

    • On February 17, the Election Commission of India (ECI) allotted the name ‘Shiv Sena’ and the party’s Bow and Arrow symbol to Maharashtra Chief Minister Eknath Shinde’s faction, in effect recognizing it as the original party founded by Babasaheb Thackeray.  Strengthening Anti-defection law becomes relevant again.

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    Background: The most dramatic and unique political crisis

    • Division in the party: The political crisis in Maharashtra began last year after a group of 40 of the 55 Sena MLAs walked out of the Maha Vikas Aghadi (MVA) alliance under the leadership of Mr. Shinde, which caused a division in the party.
    • Fight of Name and Symbol: Both the Uddhav Thackeray and Shinde sides staked claim to the party name and symbol, each claiming to represent the real Shiv Sena.
    • The ECI said that it had based its decision on a test of majority: It said the group of MLAs supporting the Shinde faction got nearly 76% of the votes polled for the 55 winning Shiv Sena candidates in the 2019 Maharashtra Assembly elections, while the Uddhav Thackeray faction got 23.5% of votes.

    Exam Spotlight

    • The crisis has thrown the spotlight once again on the anti-defection law, whose purpose is to prevent political defections.

    What is Anti-defection Law?

    • Tenth Schedule: The Anti-Defection Law under the Tenth Schedule of the Constitution punishes MPs/ MLAs for defecting from their party by taking away their membership of the legislature.
    • Power to the speaker: It gives the Speaker of the legislature the power to decide the outcome of defection proceedings.
    • 52nd Amendment Act, 1985: It was added to the Constitution through the Fifty-Second (Amendment) Act, 1985 when Rajiv Gandhi was PM. The law applies to both Parliament and state assemblies.

    What was the need to have this law then?

    1. Vies in favour
    • Defection was recognized as an evil that needed to be curbed: Defections cause destabilization and lead to governments falling, which can have negative impacts on the country’s political and economic stability.
    • Law helps to stabilise party system: The law helps to stabilize party systems by consolidating control of the party leadership instead of relying on ideological cohesion or ownership by constituent legislators.
    1. Views against it
    • Law would curb freedom of opinion of the representatives: Some people thought that the law would curb freedom of speech and affect the free exercise of opinion by the members of the legislature who are elected by the people.
    • Undermines the representative system of democracy: The law effectively does away with the representative system of democracy in India by framing democracy as a contest between factions rather than a system of representation and accountability.
    • Limiting the ability of legislators: The law consolidates power in the hands of the party leadership, potentially limiting the ability of individual legislators to represent their constituents’ interests.

    How the law is faring today?

    • Recent events shows that the law needs to be tightened: The kinds of defections which used to take place before the passing of this law are not taking place now. But recent events show that this law needs to be tightened.
    • Third paragraph of tenth schedule was deleted: A little tightening was done earlier by doing away with a split, that is, paragraph three of the Tenth Schedule of the Constitution. It had said, if there is a split in a particular party, and one-third of the legislators move along with the breakaway group, they will not be disqualified. So, split was a defence against disqualification.
    • No authoritative interpretation of the law: there is a very disturbing trend, which is to interpret paragraph four (decision on questions as to disqualification on ground of defection) in a particular way, because there is no authoritative declaration of law from the Supreme Court on the exact application of it.
    • No timeline fixed for the Speaker: In the 10th Schedule currently, there is no timeline fixed for the Speaker to determine the issue and the purpose of this anti-defection law is defeated.

    Conclusion

    • People are principal stakeholders in a democracy; parties are merely the institutional intermediaries. Democracy needs stable parties, but controlling legislators removes their representative role. Need of the hour is to fix the loopholes in the system because the continuous cycle of instability adversely affects the people, who are the primary stakeholders in a democracy and suffer the most.

    Mains Question

    Q. The events of spilt within the political are rising posing a challenge to the Anti defection law In this backdrop discuss the need of Anti defection law?

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  • 24th Feb 23 | Prelims Daily with Previous Year Questions

    24th Feb 23 | Prelims Daily with Previous Year Questions

    [WpProQuiz 1249]

    [WpProQuiz_toplist 1249]

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  • [Frontline] One year of Russia’s War in Ukraine

    [Frontline] One year of Russia’s War in Ukraine

    A year after Russia launched its invasion of Ukraine, there are signs of escalation everywhere.

    Why did Russia invade Ukraine?

    The reasons behind Russia’s invasion of Ukraine are complex and multifaceted, and there is no one single cause for the conflict.

    • Geopolitical Interests: Ukraine has long been considered a strategically important country for Russia, both as a buffer zone and as a source of natural resources. Russia has historically sought to maintain its influence in Ukraine and may have viewed the pro-Western government that came to power in Ukraine in 2014 as a threat to its interests.
    • Ethnic Tensions: There are significant ethnic Russian populations in Ukraine, particularly in Crimea and eastern Ukraine. Russia has claimed to be protecting the rights of these populations, although Ukraine and other countries have accused Russia of fomenting separatism and supporting armed groups in the region.
    • Historical Ties: Russia and Ukraine have a long history of cultural and economic ties, and the two countries were part of the Soviet Union until Ukraine gained independence in 1991. Russia has claimed that it has a duty to protect the rights of ethnic Russians in Ukraine, while Ukraine and other countries have accused Russia of using this as a pretext for its actions.
    • Territorial expansion: The invasion of Ukraine and the annexation of Crimea were widely popular among the Russian population, and they helped to boost the popularity of Putin. His commanders had said, on record, that Russia wanted to take the whole of Ukraine’s east and south.

    Present status of the ongoing war

    • West arms Ukraine: The West has recently announced the supply of more advanced weapons to Ukraine, deepening its involvement in the conflict.
    • Escalation towards nukes: As the war is extended, risks of a direct confrontation between Russia and the North Atlantic Treaty Organisation (NATO) both nuclear powers, are also on the rise.

    Russian advances

    • Increased offensive: In response, Russian President Putin, has already reinforced positions along the 1,000-km long frontline in Ukraine with hundreds of thousands of troops.
    • Suspending security alliances: It announced the suspension of his country’s participation in the New Start treaty, which could trigger a nuclear arms race.  

    Who could win the war?

    • Huge counter-offensive by Ukraine: Given the power asymmetry between Russia and Ukraine, Russian troops’ performance in the battlefield was underwhelming.
    • No decisive victory for Russia: If one looks at Russia’s declared goals and what they have achieved in the 12 months of fighting, it’s not difficult to see that they are still far from meeting those objectives.

    How has the West responded?

    • The West’s approach has been two-fold:
    • Punish Russia’s economy through sanctions
    • Weaken the war machine  

    Western support has played a critical part in Ukraine’s resistance by-

    • Military aid by US: The US is Ukraine’s biggest aid provider — it has pledged military and financial assistance worth over $70 billion.  The EU has pledged $37 billion and among the EU countries, the UK and Germany top the list.
    • Advanced weapons: West came to Ukraine’s rescue once again, with more advanced weapons, including missile defence systems, armoured vehicles, tank killers, battle tanks and precision bombs.  

    How Russia is escaping Sanctions?

    • Exploring alternative markets: Russia took a hit, but it found alternative markets for its energy exports in Asia, redrawing the global energy export landscape.
    • Emerging energy giant: Despite sanctions, Russia raised its oil output by 2% and boosted oil export earnings by 20%, to $218 billion. Russia also raked in $138 billion from natural gas, a nearly 80% rise over 2021 — and this was in spite of the European push to cut gas imports from Russia.
    • Growth forecasts by IMF: The Russian economy was estimated to have contracted by 2% in 2022, but, according to the IMF, it is expected to grow 0.3% this year and 2.1% next year.

    Possibility for a negotiated settlement

    • Grain initiative: In July, Turkey brokered a deal on taking out Russian and Ukrainian food grains through the Black Sea.
    • Prisoners exchange: Warring parties had also reached some prisoner exchange agreements.

    Issues needed to be addressed to stop this war

    • For any peace plan to succeed, two complex issues should be addressed —
    • Ukraine’s territories
    • Russia’s security concerns

    India’s subtle approach on the war

    ukraine

    India’s tightrope walk on the Ukraine war has been described as “strategic ambivalence”. Its position has been articulated by its diplomats through several statements-

    • Slight condemnation: The needle moved after the Bucha massacre in which innocent civilians were killed and India joined the western chorus in condemning the incident, and even asking for an international probe.
    • Dint resent Russia: India had said it was “deeply disturbed”, but did not name Russia at all. Our PM took courage to tell Mr. Putin in a live conversation that “this is not an era of war”.
    • Immediate cessation of violence and hostilities: India had maintained that cessation of hostilities is a broader term that is more permanent in nature, and had used it instead of a ceasefire— which is perceived as a narrow term.
    • Shown respect for territorial integrity: It called for respect for “territorial integrity and sovereignty”, and respect for UN charter and international law.
    • Advocating talks and diplomacy: It maintained that dialogue and diplomacy is the path forward. This has been Delhi’s prescription when it comes to its own border standoff as well.

    Why is India siding away from Ukraine?

    Ukraine should not try to moralize India’s stance over the ongoing war because-

    • Ukraine blatantly condemned India’s nuclear tests of 1998.
    • It had sold (rather donated) Pakistan T-80 tanks worth $650 mn during Kargil War.
    • Ukraine voted several times against India at the UN over the nukes and rebutted India’s bid to get a permanent seat at UNSC.
    • It has openly voiced for UN intervention in the Kashmir issue and holding a plebiscite on Pakistan’s terms.

    Reasons behind India’s soft corner for Russia

    • All-weather dependable partner: Russia is viewed as having been a sturdy friend of India’s going back to 1955, when Soviet premier Nikita Khrushchev publicly declared Moscow’s support for Indian claims over Jammu and Kashmir.
    • Time-tested friendship: Moscow did not ally with or arm Pakistan against India; it supported New Delhi against U.S. pressure during the 1971 Indo-Pakistan war; and it has never criticized developments in Indian domestic politics, unlike the US.
    • For permanent UNSC seat: India’s reluctance to denounce Russia, even when its actions are deemed objectionable and at times detrimental to India’s crucial interests, is strengthened by the need to maintain Russia’s support by respecting its veto power.
    • Dependence for arms: India’s continuing dependence on Russia for military equipment only deepens its reluctance to alienate Moscow in any way. This aspect has received a shot in the arm since the war broke out.

    Risks accompanying India’s ‘neutrality’

    • Skewed neutrality: India’s positions expose the inconsistency in commitment to protecting the rules-based order in the Indo-Pacific over that in Europe.
    • Sino-Russian growing affinity: Indian ambition to have Russia in its efforts to checkmate China may yet fail. It is rumored that China is helping its ‘iron brother’ Russia by sending some mercenary troops.

    Conclusion

    • There is little doubt that the Russian invasion of Ukraine has confronted India with difficult strategic choices.
    • Consequently, its decision to avoid all public criticism of Moscow is, in the estimation of Indian policymakers, the best of the bad choices facing New Delhi

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  • 60% of India’s voters linked Aadhaar to voter ID: RTI

    aadhaar

    Central idea: An RTI query has revealed that around 60% of Indian voters have linked their Aadhaar cards with their voter ID cards.

    Benefits of Aadhaar linking

    • Voter uniqueness: The move to link Aadhaar and voter ID cards was introduced to prevent electoral fraud and ensure unique identity of each voter.
    • Curb bogus votes: It is expected to help prevent multiple voting, impersonation, and bogus voting, which have been a concern in the past.
    • Facilitate migrant voting: There have been migrant workers who may have been registered more than once on the electoral rolls in different constituencies or for persons registered multiple times within the same constituency.

    Is the linking of Aadhaar with one’s Voter ID mandatory?

    • In December 2021, Parliament passed the Election Laws (Amendment) Act, 2021 .
    • It states that the electoral registration officer may require voters to furnish their Aadhaar numbers to verify Authencity of voters list.
    • This was to amend the Representation of the People Act, 1950 and Section 23(4) was inserted in the RP Act.

    Why was such linking proposed?

    The preference to use Aadhaar for verification and authentication, both by the state and private sector, stems from few reasons:

    • Increase in UID-holders: First, at the end of 2021, 99.7% of the adult Indian population had an Aadhaar card.
    • Most versatile document: This coverage exceeds that of any other officially valid document such as driver’s licence, ration cards, PAN cards etc. that are mostly applied for specific purposes.
    • Reliable source of authentication: Since Aadhaar allows for biometric authentication, Aadhaar based authentication and verification is considered more reliable, quicker and cost efficient when compared to other IDs.

    Issues with mandatory linking: Puttaswamy judgment highlights

    • Puttaswamy judgment: The above reasons do not suffice the mandating of Aadhaar except in limited circumstances as per the Puttaswamy judgment.
    • The indispensability of the purpose: It needs to be considered whether such mandatory linkage of Aadhaar with Voter ID would pass the test of being “necessary and proportionate” to the purpose of de-duplication which is sought to be achieved.
    • Constitutional ambiguity: In Puttaswamy, one of the questions that the Supreme Court explored was whether the mandatory linking of Aadhaar with bank accounts was constitutional or not.
    • Against informational autonomy: It is the right to privacy which would allow a person to decide which official document they want to use for verification and authentication.

    Other judicial observations: Lal Babu Hussein (1995) Case

    • The Supreme Court had held that the Right to vote cannot be disallowed by insisting only on four proofs of identity.
    • The voters are entitled to rely on any other proof of identity and obtain the right to vote.

    What are the operational difficulties?

    • Aadhaar is not a citizenship proof: The preference to Aadhaar for the purposes of determining voters is puzzling as Aadhaar is only a proof of residence and not a proof of citizenship.
    • Excluding non-citizens is not easy: Verifying voter identity against this will only help in tackling duplication but will not remove voters who are not citizens of India from the electoral rolls.
    • Estimate of error rates in biometric based authentication: This certainly differs. As per the UIDAI in 2018, Aadhaar based biometric authentication had a 12% error rate.
    • Disenfranchisement of existing voters: Errors have led to the disenfranchisement of around 30 lakh voters in AP and Telangana before the Supreme Court stalled the process of linkage.

    Key concern: Right to Privacy

    • Some civil societies has highlighted that linking of the two databases of electoral rolls and Aadhaar could lead to the linkage of Aadhaar’s “demographic” information with voter ID information.
    • This could lead to violation of the right to privacy and surveillance measures by the state.
    • This would leave the EC with the option of verifying its information only through door-to-door checks.
    • There is a lack of enforceable data protection principles that regulate how authentication data will be used.

    Way Forward

    • Address privacy and security concerns: There should be strict measures in place to ensure the safety of personal information and prevent data breaches.
    • Provide alternative authentication: The government should provide alternative methods of identity verification. This will help ensure that no citizen is disenfranchised due to the lack of an Aadhaar card.
    • Regular monitoring and evaluation: The government should regularly monitor and evaluate the effectiveness of the linking of Aadhaar and voter ID cards in preventing electoral fraud.

     

     

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