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  • [op-ed of snap] The four phases of constitutional interpretation

    Context

    The ways in which the Constitution of India is interpreted has undergone changes through four phases.

    Constitution-An Ambitious political experiment

    • Indian Constitution was an ambitious political experiment for the following reasons-
      • Universal Adult Franchise: India began its journey with the universal adult franchise.
      • Federalism: Federalism in a region consisting of over 550 princely States.
      • The promise of Equality: The Constitution was a sort of social revolution in a deeply unequal society with the promise of equality.
      • Unique constitutional design: it was equally a unique achievement in terms of constitutional design.

    The first phase of interpretation-Focus on text

    • A textualist approach-focusing on the plain meaning of the words: In its early years, the Supreme Court adopted a textualist approach, focusing on the plain meaning of the words used in the Constitution.
      • K. Gopalan v. State of Madras (1950) was one of the early decisions in which the Court was called upon to interpret the fundamental rights under Part III.
      • The leader of the Communist Party of India claimed that preventive detention legislation under which he was detained was inconsistent with Articles 19 (the right to freedom), 21 (the right to life) and 22 (the protection against arbitrary arrest and detention).
      • Fundamental rights separate from each other: The Supreme Court decided in A. K. Gopalan case that each of those articles covered entirely different subject matter, and were to be read as separate codes rather than being read together.
    • Unlimited Amendment Power: In its early years, the Court read the Constitution literally, concluding that there were no limitations on the Parliament’s power to amend the Constitution.

    The second phase of interpretation-Focus on ‘basic structure’

    • Appeals to the structure and coherence: Appeals to the text of the Constitution were gradually overtaken by appeals to the Constitution’s overall structure and coherence.
      • Limited Amendment Power-Kesavananda Bharati case: In the leading case of Kesavananda Bharati v. State of Kerala(1973), the Court concluded that Parliament’s power to amend the Constitution did not extend to altering its “basic structure”.
      • What is the “Basic Structure”: The basic structure is an open-ended list of features that lie within the exclusive control of the Court.
      • When Parliament attempted to overturn this decision by amending the Constitution yet again, the Court, relying on structuralist justifications, decisively rejected that attempt.
    • Key takeaways from Kesavananda Bharati case
      • Limited Amendment Power: In this case, the Court pronounced that Parliament’s power to amend the Constitution is not unlimited.
      • Fundamental rights as a cohesive bill of rights: In this phase, the Court also categorically rejected the Gopalan approach in favour of a structuralist one.
      • Maneka Gandhi v. Union of India (1978):  Through decision, in this case, the Court conceived of the fundamental rights as a cohesive bill of rights rather than a miscellaneous grouping of constitutional guarantees.
      • Incremental interpretation of Right to Life: The right to life was incrementally interpreted to include a wide range of rights such as clean air, speedy trial, and free legal aid.
      • Courts playing role in governance: The incremental interpretation of Article 21 paved the way for the Supreme Court to play an unprecedented role in the governance of the nation.
    • What was common in the first two phases?
      • Interpretation done by Constitutional Benches: That significant decisions involving the interpretation of the Constitution were entrusted to Constitution Benches (comprising five or more judges of court) and were carefully (even if incorrectly) reasoned.
      • Little scope for precedential confusion: There was limited scope for precedential confusion, since matters which had been decided by Constitution Benches and which demanded reconsideration were referred to larger Constitution Benches.

    Third Phase of interpretation-Eclecticism

    • Different opinions on the same issues: In the third phase the Supreme Court started to give different opinions on the same issues-i.e. it engaged in eclecticism.
      • Lesser reasoning: The Court often surrendered its responsibility of engaging in a thorough rights reasoning of the issues before it.
      • Two factors underpinned this institutional failure.
    • First-Change in the structure of the SC: The changing structure of the Court, which at its inception began with eight judges, grew to a sanctioned strength of 31; it is currently 34.
    • It began to sit in panels of two or three judges, effectively transforming it into a “polyvocal” group of about a dozen sub-Supreme Courts.
    • Second-expansion of own role by the SC-The Court began deciding cases based on a certain conception of its own role -whether as a sentinel of democracy or protector of the market economy.
    • The focus of the judgement on the result rather than reason: This unique decision-making process sidelined reason-giving in preference to arriving at outcomes that match the Court’s perception.
    • Consequences of the eclecticism
      • Rise of doctrinal incoherence and inconsistency: The failure to give reasons contributed not only to methodological incoherence but also to serious doctrinal incoherence and inconsistency across the law.
      • Conflicting decisions and interpretations: This approach can be best described as panchayati eclecticism, with different Benches adopting inconsistent interpretive approaches based on their conception of the Court’s role, and arriving at conclusions that were often in tension with one another.
      • Decision detached from precedents and established methods: The imagery that panchayati eclecticism is meant to invoke is that of a group of wise men and women (applying the analogy, sub-Supreme Courts), taking decisions based on notions of fairness that are detached from precedent, doctrine and established interpretive methods.

    Fourth phase- based on the purpose

    • Purpose of enactment of the Constitution as critical: In the fourth phase, the Court has acknowledged as critical to its interpretive exercise the purpose for which the Constitution has been enacted.
    • The realisation of revolutionary and transformative potential: The Court is now beginning to interpret the Constitution in accordance with its revolutionary and transformative potential.
      • Renaissance in decisions: With about a dozen significant Constitution Bench decisions from the Supreme Court since September 2018, there has been a renaissance in decision-making by Constitution Benches.
      • The most important decisions of this period include-
      • Court’s decisions striking down Section 377 and the criminal offence of adultery.
      • And including the office of the Chief Justice of India within the scope of the Right to Information Act.

    Conclusion

    With the interpretation process entering in the fourth phase-realising the purpose of enactment of the Constitution- Indian judiciary is on the right track, however, facets of phase 3 continue to linger on it. The Supreme Court must avoid getting in phase three mode to in order to realise the purpose it was entrusted with.

     

     

     

     

  • Explained: Why are there more men than women in the field of STEM?

    Across the world, there are more men who are active in science, technology, engineering and medicine (STEM) than women. Of the 866 Nobel winners so far, only 53 have gone to women.

    Sociology behind the gender-divide

    • Research shows that when men and women apply for jobs — be in the labour market, or in places where high level qualifications are demanded, men candidates engage in self-promotion, and are boastful while equally qualified women are more ‘modest’ and ‘undersell’ themselves.
    • Even in groups and situations where men and women are present as colleagues, the views of women are either ignored or listened to less seriously than those of men.
    • As a result, women tend to underestimate their ability relative to men, especially in public settings, and negotiate less successfully.

    Why this imbalance?

    The authors suggest three socio-psychological reasons, namely:

    1. masculine culture
    2. lack of sufficient early exposure to computers, physics and related areas compared to boys in early childhood and
    3. gender gap in self-efficacy

    Stereotypes and role models

    I] Masculine culture

    • The masculine culture is due to stereotyping that men are fitter for certain jobs and skills than women, and that women are more ‘delicate’, ‘tender’ and thus unfit for ‘hard’ jobs.
    • In addition, there are not enough female role models whom women may admire and follow.

    II] Lack of exposure

    • The lack of exposure in early childhood to certain fields and the supposed stereotyping of computer field practitioners as ‘nerds’ with social awkwardness would seem to have played a role from women shying away into other fields.

    III] Gender gap in self-efficacy

    • The ‘gender gap in self-efficacy’ appears to have arisen as a result of the above two, and leads to a worry in girls’ and women’s minds as to ‘whether I am really only fit for certain ‘soft’ fields and jobs or a feeling of diffidence.
    • This is clearly a reflection and product of masculine culture.
    • But then, even when we turn to life sciences, where both men and women compete for positions and career advancements in universities and research labs, this gender disparity is glaring.

    India is no better

    • The men rule roosts here too in India. India has been a patrilineal society with the notion that women need not take on jobs, and that this notion has only recently been revised.
    • Women form only 10-15% of STEM researchers and faculty members in the IITs, CSIR, AIIMS and PGIs.
    • In private R & D labs, there are very few women scientists.

  • Biorock technique for Coral Restoration

    The Zoological Survey of India (ZSI), with help from Gujarat’s forest department, is attempting for the first time a process to restore coral reefs using biorock or mineral accretion technology.

    What is Biorock Technique?

    • Biorock is the name given to the substance formed by electro accumulation of minerals dissolved in seawater on steel structures that are lowered onto the sea bed and are connected to a power source, in this case solar panels that float on the surface.
    • The technology works by passing a small amount of electrical current through electrodes in the water.
    • When a positively charged anode and negatively charged cathode are placed on the sea floor, with an electric current flowing between them, calcium ions combine with carbonate ions and adhere to the structure (cathode).
    • This results in calcium carbonate formation. Coral larvae adhere to the CaCO3 and grow quickly.
    • Fragments of broken corals are also tied to the biorock structure, where they are able to grow at least four to six times faster than their actual growth as they need not spend their energy in building their own calcium carbonate skeletons.

    Significance of the move

    • The technology helps corals, including the highly sensitive branching corals, to counter the threats posed by global warming.
    • In 2015, the same group of ZSI scientists had successfully restored branching coral species (staghorn corals) belonging to the family Acroporidae (Acropora formosa, Acropora humilis, Montipora digitata) that had gone extinct about 10,000 years ago to the Gulf of Kachchh.

    Back2Basics

    Coral Bleaching

    • The stunning colours in corals come from a marine algae called zooxanthellae, which live inside their tissues.
    • This algae provides the corals with an easy food supply thanks to photosynthesis, which gives the corals energy, allowing them to grow and reproduce.
    • When corals get stressed, from things such as heat or pollution, they react by expelling this algae, leaving a ghostly, transparent skeleton behind.
    • This is known as ‘coral bleaching’. Some corals can feed themselves, but without the zooxanthellae most corals starve.

  • Global Talent Competitiveness Index (GTCI) 2020

    What is the news: The Global Talent Competitiveness Index (GTCI) was recently published.

    Performance Analysis

    • India has climbed eight places to 72nd rank in the GTCI which was topped by Switzerland, the US and Singapore.
    • Sweden (4th), Denmark (5th), the Netherlands (6th), Finland (7th), Luxembourg (8th), Norway (9th) and Australia (10th) complete the top 10 league table.
    • In the BRICS grouping, China was ranked 42nd, Russia (48th), South Africa (70th) and Brazil at 80th position.
    • This year’s GTCI report explores how the development of AI is not only changing the nature of work but also forcing a re-evaluation of workplace practices, corporate structures and innovation ecosystems.

    About the GTCI report

    • It was started in 2013 and is an annual benchmarking report that measures the ability of countries to compete for talent, their ability to grow, attract and retain talent.
    • Theme for 2020 was ‘Global Talent in the Age of Artificial Intelligence’. It explores how the development of artificial intelligence (AI) is not only changing the nature of work but also forcing a re-evaluation of workplace practices, corporate structures and innovation ecosystems.
    • Inequality: The report noted that the gap between high income, talent-rich nations and the rest of the world is widening. More than half of the population in the developing world lack basic digital skills.
    • About GTCI Report: It is launched by INSEAD, a partner and sponsor of the United Nation’s Sustainable Development Goals (SDGs) Davos, Switzerland recently.
    • INSEAD is one of the world’s leading and largest graduate business schools with locations all over the world and alliances with top institutions.
    • The report, which measures countries based on six pillars:
    1. enable
    2. attract
    3. grow
    4. retain talent
    5. vocation and technical skills
    6. global knowledge skills

  • Nagardhan Excavations

     

    • Recent archaeological excavations at Nagardhan near Nagpur have provided concrete evidence on the life, religious affiliations and trade practices of the Vakataka dynasty that ruled parts of Central and South India between the third and fifth centuries.
    • After a 1,500 year-old sealing was excavated for the first time, a new study in Numismatic Digest has tried to understand the Vakataka rule under Queen Prabhavatigupta.

    Nagardhan

    • Nagardhan is a large village in Nagpur district, about 6 km south of Ramtek taluka headquarters.
    • Archaeological remains were found on a surface spread over a 1 km × 1.5 km area. The researchers excavated the site during 2015-2018.
    • The existing village sits on top of the ancient habitation. The Nagardhan Fort stands south of present-day Nagardhan village.
    • This was constructed during the Gond Raja period and later renovated and re-used by the Bhosales of Nagpur during the late 18th and 19th centuries.

    Importance of the excavation

    • Very little was known about the Vakatakas, the Shaivite rulers of Central India between the third and fifth centuries.
    • All that was known about the dynasty, believed to hail from the Vidarbha region, was largely through some literature and copperplates.
    • There were assumptions that the excavated site of Nagardhan is the same as Nandhivardhan, the capital city of the eastern branch of the Vakatakas.
    • It was after archaeological evidence from here that Nagardhan was understood to have served as a capital of the Vakataka kingdom.

    The seals so found

    • It is the first time clay sealings have been excavated from Nagardhan.
    • The oval-shaped sealing belongs to the period when Prabhavatigupta was the queen of the Vakataka dynasty.
    • It bears her name in the Brahmi script along with the depiction of a conch.
    • The presence of the conch, scholars say, is a sign of the Vaishnava affiliation that the Guptas held.
    • The sealing was traced on top of a mega wall that researchers now think could have been part of a royal structure at the capital city of the kingdom.

    Who was Queen Prabhavatigupta?

    • The copperplate issued by Queen Prabhavatigupta starts with a genealogy of the Guptas, mentioning the Queen’s grandfather Samudragupta and her father Chandragupta II.
    • These are strong indicators of Vaishnava signatures on the royal seals of the Vakatakas reiterate that Queen Prabhavatigupta was indeed a powerful woman ruler.
    • Since the Vakataka people traded with Iran and beyond through the Mediterranean Sea, scholars suggest that these sealings could have been used as official royal permission issued from the capital city.
    • Besides, these were used on documents that sought mandatory royal permissions.

    Why are the findings on Queen Prabhavatigupta significant?

    • Scholars say Queen Prabhavatigupta was among a handful of women rulers in India to have reigned over any kingdom during ancient times.
    • The Vakataka rulers were known to have forged several matrimonial alliances with other dynasties of their times.
    • One of the key alliances was with Prabhavatigupta of the mighty Gupta dynasty, which was then ruling north India. The Guptas were way more powerful than the Vakatakas.
    • After marrying Vakataka king Rudrasena II, Prabhavatigupta enjoyed the position of Chief Queen.
    • When she took over the Vakataka kingdom, after the sudden demise of Rudrasena II, her stature as a woman Vakataka ruler rose significantly.
    • This is evident from the fact that the sealings were introduced and issued during her period as a ruler, that too from the capital city of Nagardhan.

    Why is the sign of Vaishnava affiliation important?

    • The Vakataka rulers followed the Shaiva sect of Hinduism while the Guptas were staunch Vaishnavites.
    • Excavators say that many religious structures indicating affinity to the Vaishnava sect, and found in Ramtek, were built during the reign of Queen Prabhavatigupta.
    • While she was married into a family that belonged to the Shaiva sect, the queen’s powers allowed her to choose a deity of worship, that is, Lord Vishnu.

    What else has been excavated from Nagardhan so far?

    • Earlier results from the excavations here had traced evidence in the form of ceramics, ear studs of glass, antiquities, bowls and pots, a votive shrine and tank, an iron chisel, a stone depicting a deer, and terracotta bangles.
    • Some terracotta objects even depicted images of gods, animals and humans, along with amulets, scotches, wheels, skin rubbers and spindle whorls.
    • An intact idol of Lord Ganesha, which had no ornaments adorned, too was found from the site.
    • This confirmed that the elephant god was a commonly worshipped deity in those times.
    • On the means of living of the Vakataka people, researchers found animal rearing to be one of the main occupations.
    • Remains of seven species of domestic animals — cattle, goat, sheep, pig, cat, horse and fowl — were traced in an earlier study by the team.

  • Oslo Peace Accord

     

    Palestinian officials threatened to withdraw from key provisions of the Oslo Accords, which define relations with Israel, if U.S. President Donald Trump announces his Middle East peace plan next week.

    The Oslo Peace Accord

    • The Oslo Accords were a landmark moment in the pursuit of peace in the Middle East.
    • Actually a set of two separate agreements signed by the government of Israel and the leadership of the Palestine Liberation Organization (PLO)—the militant organization established in 1964 to create a Palestinian state.
    • The negotiations between Israel and the PLO that ultimately led to the Oslo Accords began, in secret, in Oslo, Norway, in 1993.
    • The Oslo Accords were ratified in Washington, D.C., in 1993 (Oslo I) and in Taba, Egypt, in 1995 (Oslo II).
    • Sometimes called Oslo II, the interim agreement set out the scope of Palestinian autonomy in the West Bank and Gaza.
    • The interim pact was only supposed to last five years while a permanent agreement was finalised but it has tacitly been rolled over for more than two decades.

    A final nail in the coffin

    • World powers have long agreed that Jerusalem’s fate should be settled through negotiations between Israel and the Palestinians.
    • The Palestinians see east Jerusalem as the capital of their future state and believe Trump’s plan buries the two-state solution that has been for decades the cornerstone of international Middle East diplomacy.

  • Operation Alberich

    The recently released ‘1917’ movie tells the story of two British soldiers during the WWI in Operation Alberich, the strategic retreat in which their troops were taken back to the Hindenburg Line in 1917.

    What was Operation Alberich?

    • Operation Alberich is considered among Germany’s most important operations on the Western Front in 1917, as well as one of its most extreme due to the ‘scorched earth’ policy employed.
    • In World War I (1914-18), the Allied Powers — principally France, the British Empire, Russia, Italy, Japan, and the US (after 1917) — fought and defeated the Central Powers — mainly Germany, Austria-Hungary, and Turkey.
    • The war caused destruction and suffering on unprecedented levels, and only led to a bigger conflict, World War II, two decades later in 1939.
    • The war manoeuvre involved the systematic destruction of 1,500 square kilometres of French territory by the German army after it decided to retreat to a newly constructed defence line.
    • The German army leadership had decided that the war must shift temporarily to the shorter and more easily defensible Hindenburg Line. The Operation took place in February and March 1917.

    Course of action

    • The shortening of the war front was drastic, and is considered the war’s biggest military construction project.
    • The planning for the approximately 130-km Hindenburg Line began in September 1916, and much of it was completed in four months from October — using 5,00,000 tonnes of rocks and gravel, over 1,00,000 tonnes of cement, and 12,500 tonnes of barbed wire.
    • The scorched earth policy, which laid to waste entire villages, roads, and bridges, was meant to destroy anything that the Allies could find useful.
    • The Operation saw the complete evacuation of the area’s civilian population.

    Aftermath

    • The move is regarded as a tactical success for the Germans, as it took the Allies by surprise and delayed their advance, but is criticised for the disproportionate destruction that it caused.
    • It is considered a propaganda disaster for Germany, and was presented by the Allies as an example of “Hun barbarism”.
    • At the Treaty of Versailles, which was signed after the war, the Allies used Alberich to legitimize their claims for punitive reparations from Germany.

  • Sagarmatha Sambaad

     

    Nepal has invited the PMs of India and Pakistan along with several other heads of government and heads of state for the Sagarmatha Sambaad.

    Sagarmatha Sambaad

    • Sagarmatha Sambaad is a multi-stakeholder, permanent global dialogue forum initiated by the Government of Nepal.
    • It is scheduled to be held biennially in Nepal.
    • The Sambaad (dialogue) is named after the world’s tallest mountain Sagarmatha (Mount Everest).
    • The Everest is also a symbol of friendship and is meant to promote the notions of common good and collective well-being of humanity.
    • The first episode of the Sambaad is scheduled to be held from 2 to 4 April 2020 by the Ministry of Foreign Affairs (Nepal).
    • The theme of the first Sambaad is “Climate Change, Mountains and the Future of Humanity.”

    Significance

    • This is the first ever multi-stakeholder dialogue and a biggest diplomatic initiative in Nepal’s recent history.
    • India and Pakistan have been caught up in a cycle of hostility, which had prevented Islamabad from hosting the SAARC Summit in 2016.
    • The Kathmandu event aims to draw all the SAARC leaders and provide an opportunity to break the ice.
    • India had accused Pakistan of cross border terrorism while boycotting the Islamabad summit leading to its cancellation.

  • [op-ed of the day] Food for Expediency

    Context

    A substantial rise in consumer food price inflation to 14.12% in December 2019, the highest ever in the past six years, has driven the retail price inflation in this country.

    Discrepancies in the fiscal deficit

    • Policy dilemma for the RBI: Though the CPI was at 14.12% in December but with the core inflation rate still not overshooting the Reserve Bank of India’s (RBI) medium-term target of 4(+/- 2)%.
      • Speculations hover as to whether the RBI monetary policy committee will go for another rate cut in the coming month.
      • This is a policy dilemma for the central bank
      • Why is the dilemma? The dilemma is because the moot issues regarding the government’s key economic estimates, such as the fiscal deficit, largely remain unresolved.
    • Discrepancies flagged by the CAG: The CAG has stated that the current figures on deficit have been kept at a 1.5% to 2% low by not including the government’s off-budget borrowings from public accounts, such as the National Small Savings Fund (NSSF).
      • According to media reports, such off-budget expenditure of the current government stands at ₹1.5 lakh crore in 2019–20.
      • The major portion of off budged expenditure on food subsidy: About three-fourths of the incremental off-budget expenditure is on account of under-recoveries in food subsidies of the Food Corporation of India (FCI).
    • Low allocation but high expenditure on food subsidy: For instance, the 2019–20 Union Budget had provisioned food subsidy at₹1.84 lakh crore.
      • While the overdue of the FCI is already at₹1.86 lakh crore.
      • For these burgeoning overdue, FCI’s ­off-budget borrowings from the NSSF have been on the rise.

    Excessive stock by the government and rising inflation

    • Issue of supply management: The issues of agricultural supply management are relegated to the background by the standard causality argument of “crop damages” caused by excessive rains and that the inflation will ease out once the new harvest comes in.
      • This argument can hold some water for horticulture crops like onions that saw an almost 200% rise in price in November and December.
      • Unable to explain inflation in wheat and other cereals: This argument may not find traction in explaining the price inflation of wheat and other cereals.
    • holding the excessive cereal stock: With the government currently stocking much higher quantities of cereals at the FCI than the buffer norms.
      • 45.8 million tonnes of wheat as against the buffer norm of 27.5 million tonnes and nearly double the amount of rice vis-à-vis the buffer norm of 13.5 million tonnes.
      • India is now a cereal surplus economy.
      • Why then the inflation in cereal prices? Is this artificially created by the government through its irrational stocking practice?
      • Some fundamental concerns are triggered at this juncture.
    • Concerns with excess stocks
      • First-Higher stock means higher subsidy bill-With the economic costs of the FCI being 12 times or more than the allocation cost of the grains through the public distribution system-higher stocks would imply higher subsidy bills.
      • Second–No benefit of the stock: In tandem with the first, ad hoc releasing of the stocks will not bring about any major changes in the situation.
      • Third–Hiding fiscal deficit from the public: In this context, off-budget borrowing can serve various politically expedient purposes.
      • It has enabled the government to showcase a consistently low share (below 1%) of subsidies in national income.
      • Thereby diverted the public attention from two critical facts: the FCI’s tipping financials and the country’s (grossly) underestimated fiscal deficit.

    Conclusion

    The government must recall that the “illusion” of this acceptable limit of inflation potentially rests upon the savings of the common consumers, which is being unduly misemployed by the government.

     

  • [op-ed snap] Frame rules to govern how devices identify us

    Context

    Facial recognition technology is set to become an integral part of the law enforcement toolkit, but we should regulate this technology before it pervades our public spaces.

    What are the issues with the use of facial recognition?

    • Enormous possibilities for law enforcement agencies:
      • Detectives have been using facial recognition to solve crimes for almost as long as the camera has been in existence.
      • Use of AI for facial recognition: It is but a logical extension of the modern crime solver’s toolkit to use artificial intelligence (AI) on the most identifiable physical feature of people, their face.
      • Screening faces within hours: An image captured at the scene of a crime can now be screened against photographs of entire populations for a match within a matter of hours.
    • Uneasiness with being watched: The idea of being watched by devices linked to vast databases far out of sight makes liberal societies uneasy.
    • Invasion of privacy:  The intrusion that is causing alarm, however, has nothing to do with the technology itself, and everything to do with the all-pervasive surveillance it enables.

    Should there be no rules governing it?

    • Issue of accuracy: How accurately faces are identified by machines is a major point of concern. Deployed in law enforcement, false matches could possibly result in a miscarriage of justice.
      • Judicial scrutiny: Even a low rate of error could mean evidence faces judicial rejection. It is in the judiciary’s interest, all the same, to let technology aid police-work.
    • Racial bias: First up for addressal is the criticism that facial recognition is still not smart enough to read emotions or work equally well for all racial groups.
      • With iterative use, it will improve.
    • Mala fide use: Since such tools can be put to mala fide use as-rogue drones equipped with the technology, for example, should never be in a position to carry out an assassination.
      • Nor should an unauthorized agent be able to spy on or stalk anyone.
      • Caution in the developed countries:  Apart from California, the European Union has also decided to exercise some caution before exposing people to it.
    • Privacy as fundamental rights in India: India, which has recently accepted privacy as a fundamental right, would do well to tilt the Western way on this.

    Conclusion

    • We need regulations that restrict the use of facial recognition to the minimum required to serve justice and ease commercial operations. For the latter, customer consent should be mandatory.
    • There will be some overlaps. Its use at an aerobridge to board an aircraft, for example, could serve the interests of both state security and the airline, but data-sharing could risk leakage.

     

     

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