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Subject: Governance

Important aspects of Society

  • President launches Ayushman Bhav Campaign

    Central Idea

    • The President of India, Mrs. Murmu, virtually launched the Ayushman Bhav campaign and the Ayushman Bhava portal.

    Ayushman Bhav Campaign  

    • The Ayushman Bhav campaign aims to deliver healthcare services to the remotest corners of India, playing a pivotal role in achieving the campaign’s ambitious objectives.
    • It is designed to ensure that every individual receives essential health services, aligning with the overarching goals of Ayushman Bhav.
    • The campaign’s goals, include-
    1. Facilitating access to Ayushman cards
    2. Generating ABHA IDs
    3. Raising awareness about critical health schemes and disease conditions, such as non-communicable diseases, tuberculosis, and sickle cell disease.

    Three Components of Ayushman Bhav:

    • President highlighted the three integral components of Ayushman Bhav:
    1. Ayushman – Apke Dwar 3.0
    2. Ayushman Melas at Health and Wellness Centres (HWC) and Community Health Clinics (CHC)
    3. Ayushman Sabhas in every village and panchayat
    • These components are expected to accelerate the delivery of healthcare services at grassroots levels, contributing to the creation of a healthier nation.

    Back2Basics: Ayushman Bharat Scheme

    Launch Year 2018
    Objective Universal Health Coverage and Financial Protection
    Components 1. Pradhan Mantri Jan Arogya Yojana (PM-JAY)

    2. Health and Wellness Centers (HWCs)
    Target Beneficiaries Economically disadvantaged families, rural populations, vulnerable communities
    Coverage Health insurance for eligible families, covering various medical expenses
    Services Offered Comprehensive healthcare services, including preventive, promotive, and curative care
    Impact Improved health indicators, reduced financial burden on beneficiaries, enhanced healthcare infrastructure
    Vision To make healthcare a fundamental right for all Indian citizens

  • Analysing where India stands in the G20

    What’s the news?

    • The 18th G20 Summit, hosted by India in New Delhi from September 9 to 10, revolved around the theme One Earth, One Family, One Future. This global forum convened to deliberate on crucial issues encompassing food security, climate change, energy, development, healthcare, and digitalization.

    Central idea

    • The G20 Summit marked a successful conclusion as India transferred the G20 Presidency to Brazil. India’s performance across various socioeconomic metrics within the G20 context reveals a mixed picture of progress and challenges.

    GDP per capita comparison (1970–2022)

    • 1970: India’s GDP per capita was $111.97, ranking 18th out of 19 regions analyzed. India had one of the lowest GDP per capita figures among the group.
    • 2022: By 2022, India’s GDP per capita had risen significantly to $2,388.62. However, despite this growth, India had moved to the last position among the 19 regions, indicating that other regions had experienced more substantial economic growth during this period.

    Human Development Index (HDI) comparison (1990–2021)

    • 1990: In 1990, India’s HDI stood at 0.43, indicating a relatively low level of human development. At that time, India ranked towards the lower end of the list among the 19 countries and regions analyzed.
    • 2021: By 2021, India’s HDI had improved to 0.63, signifying significant progress in terms of human development over the decades. However, despite this improvement, India still ranked at the bottom of the list among the 19 regions, highlighting the need for further advancements in various aspects of human development, including life expectancy, education, and living standards.

    Health Metrics Comparison

    • Life Expectancy (1990-2021):
      • In 1990, India had an average life expectancy of 45.22 years.
      • China, at the same time, had a lower average life expectancy of 33.27 years.
      • By 2021, India’s life expectancy had increased to 67.24 years.
      • Despite this improvement, India’s ranking remained the same, and China surpassed India in terms of life expectancy.
    • Infant Mortality Rate (1990-2021):
      • In 1990, India had an infant mortality rate of 88.8 per 1,000 live births, ranking it at the bottom of the 20 regions analyzed.
      • By 2021, India’s infant mortality rate had improved to 25.5 per 1,000 live births.
      • India’s ranking improved to 19th place, just ahead of South Africa (26.4), but it still lags behind many other regions in terms of infant mortality.

    Labor Force Participation Rate (LFPR) Comparison (1990-2021-22)

    • 1990:
      • In 1990, India’s LFPR for individuals above 15 years of age was 54.2%.
      • This LFPR ranking placed India at the 18th position among the 20 regions analyzed.
      • India was ahead of Italy (49.7%) and Saudi Arabia (53.3%) in LFPR.
    • 2021-22:
      • By 2021-22, India’s LFPR had decreased to 49.5%.
      • This decline resulted in a slip in India’s ranking to 19th place.
      • India was now only ahead of Italy (49.4%) among the 20 regions in terms of LFPR.

    Women’s Representation in Parliament (1998-2022)

    • 1998:
      • In 1998, women constituted 8.1% of the Indian Parliament.
      • At that time, India ranked 15th out of the 19 regions analyzed in terms of women’s representation in Parliament.
      • While there were women in leadership positions, India’s representation was relatively low compared to some other regions.
    • 2022:
      • By 2022, women’s representation in the Indian Parliament had nearly doubled to 14.9%.
      • However, despite this increase, India’s ranking had slipped to the 18th position among the 19 regions.
      • India was just ahead of Japan (9.9%) in terms of women’s representation in Parliament.

    Environmental Progress

    • Carbon Emissions (1990 and 2020):
      • In 1990, India was the lowest emitter of CO2 among the 20 regions analyzed.
      • This demonstrated India’s relatively low carbon emissions at that time.
      • In 2020, India maintained its status as the lowest emitter of CO2 among the same regions, indicating a consistent trend of relatively low carbon emissions.
    • Renewable Energy Adoption (1990 and 2015):
      • In 1990, most G20 nations, excluding the U.S. and Mexico, generated less than 2% of their electricity from renewables.
      • By 2015, India had made some progress, with 5.36% of its electricity coming from renewable sources.
      • However, India’s ranking in this regard was 13th out of the 20 regions analyzed, suggesting relatively slow progress in adopting eco-friendly energy sources compared to some other G20 nations.

    Conclusion

    • As India hands over the G20 Presidency to Brazil, there is an opportunity for the nation to build on its successes and address areas that require further attention to achieve a more balanced and equitable socioeconomic landscape

  • Vidya Samiksha Kendras (VSKs) for Education Data Management

    Vidya Samiksha Kendras (VSKs)

    Central Idea

    • Under the National Digital Education Architecture (NDEAR), the Ministry of Education is spearheading the establishment of Vidya Samiksha Kendras (VSKs) across Indian states.

    What are Vidya Samiksha Kendras (VSKs)?

    • VSKs are data repositories designed to consolidate information from various educational schemes and initiatives run by the Ministry of Education.
    • These repositories aim to streamline data management, promote data analysis, and enhance decision-making in the education sector.

    Key Components of VSKs:

    1. Comprehensive Data: VSKs will aggregate data from diverse educational programs, including:
      • PM-POSHAN mid-day meal programs
      • Teacher training records from the National Initiative for School Heads’ and Teachers’ Holistic Advancement portal
      • Textbook content from Digital Infrastructure for Knowledge Sharing
      • School dropout and attendance data via Unified District Information System for Education (UDISE+)
      • Students’ learning outcomes from National Achievement Survey
      • Performance Grading Index evaluating state-level school education systems.
    2. Central and State-Level Centers: At the central level, VSK operations are housed in the Central Institute of Educational Technology building within the National Council for Educational Research and Training (NCERT) campus. Ernst and Young, a multinational IT company, manages these operations.
    3. Advisory Role: The EkStep Foundation, a non-profit organization co-founded by Nandan Nilekani, former Chairman of the Unique Identification Authority of India (UIDAI), provides advisory support for the VSK project’s implementation.
    4. Transition to Automation: While data entry currently relies on manual processes and is available for download in Excel format, there are plans to transition to automation through Application Programming Interface (API) integration. This shift will enable seamless communication and data integration between multiple platforms at the central, state, and district levels.

    State-Level Initiatives

    • Funding Allocation: The central government has allocated funds ranging from ₹2 to ₹5 crore to each state for the establishment of VSKs. These funds cover pre-configured open-source hardware and software, as well as human resources.
    • States in Action: States like Gujarat, Maharashtra, Odisha, and Jharkhand have already initiated the setup of these technological platforms.

    Benefits of VSKs:

    • Data Correlation and Analysis: The primary objective of VSKs is to enable data analytics through correlation. With vast data from numerous educational schemes, VSKs seek to derive meaningful insights by connecting various data points.
    • Example Scenarios:
      • Attendance Patterns: Analyzing attendance data alongside student dropout rates to identify potential correlations.
      • Mid-Day Meals Impact: Investigating whether consistent mid-day meal provision in certain regions leads to increased school attendance.
      • Student Improvement Tracking: Monitoring students’ progress over time using data from weekly tests to tailor educational support.
    • Gross Access Ratio Mapping: VSKs will facilitate mapping the location of schools with population data to assess the Gross Access Ratio. This information can guide the establishment of new schools, support industry clusters in understanding skilling needs, and assist in higher education planning based on demand and future projections.

  • Orphan Diseases in India

    Central Idea

    • Health discussions often revolve around common ailments, such as diabetes, which affect a significant portion of the population.
    • However, amidst these well-known health issues, there are numerous rare/ orphan diseases that, though infrequent, can have devastating consequences for patients and their families.

    What are Orphan Diseases?

    • Rare diseases, often referred to as orphan diseases, are characterized by a low prevalence rate, typically affecting one person in a population of 10,000.

    Challenges Posed

    • Difficulty in Diagnosis: Rare diseases are challenging to diagnose, particularly for young medical practitioners who may have limited exposure to such cases. The rarity of these conditions means that many healthcare professionals may not have encountered them during their training.
    • Lack of Research: Limited prevalence has historically resulted in insufficient research efforts. With fewer cases to study, there has been a lack of scientific understanding and effective treatments for many rare diseases.
    • High Treatment Costs: While advances in medical research have led to the development of therapies for some rare diseases, the costs associated with these treatments are often exorbitant. From an Indian perspective, these costs can range from Rs. 1 million to Rs. 20 million per year, making them unaffordable for many.

    Initiatives and Progress in India

    • Increasing Awareness: Greater awareness of rare diseases and advancements in genomic technologies for diagnosis have begun to address these challenges. As awareness spreads, more cases are being identified and correctly diagnosed.
    • Regulatory Incentives: Several countries, including India, have introduced regulatory incentives to encourage pharmaceutical companies to invest in research and development for neglected diseases. This has led to increased interest in orphan drugs.
    • Patient-Driven Initiatives: Patient groups and organizations in India are actively contributing to rare disease research and treatment. One notable example is the Dystrophy Annihilation Research Trust (DART), which is conducting clinical trials for Duchenne’s muscular dystrophy.
    • Government Initiatives: The government’s National Policy for Treatment of Rare Diseases is gradually making an impact. It aims to address rare diseases prevalent in India, such as cystic fibrosis, hemophilia, lysosomal storage disorders, and sickle-cell anaemia.

    Lessons from Leprosy

    • Incidence Reduction: Leprosy, once prevalent in India, is now considered a rare disease due to successful efforts in reducing its incidence.
    • Research Benefits: Research on orphan diseases like leprosy can yield broader societal benefits. For instance, studies on synthetic antibiotics have shown a potential to curb the spread of leprosy to household relatives.
    • Government Goals: Research findings may contribute to achieving the government’s objective of making India leprosy-free by 2027.

    Conclusion

    • Rare diseases present unique healthcare challenges that have long been neglected.
    • However, recent progress in diagnosis, research, and patient-driven initiatives is gradually improving the landscape for rare disease patients in India.
    • As awareness grows and regulatory support continues, there is hope for enhanced diagnosis, treatment options, and affordability, ultimately improving the lives of those affected by these conditions.

  • Bharatiya Nyaya Sanhita (BNS), 2023 on False Promise of Marriage

    Central Idea

    • The proposed Bharatiya Nyaya Sanhita (BNS), 2023, seeks to address a specific issue concerning sexual relationships based on false promises of marriage.
    • Section 69 of this Bill introduces significant changes in this regard.

    Section 69 of BNS – Sexual Intercourse on False Promise of Marriage

    • Creation of Two Offenses: Section 69 within Chapter 5 of the BNS, titled “Offences against Women and Children,” defines ‘sexual intercourse by employing deceitful means etc.’ and includes two violations: one by deceitful means and one by a ‘false promise to marry.’
    • Deceitful Means: The first violation involves employing deceitful means, such as a false promise of employment, promotion, or marriage, with the intent to induce sexual relations. If a person uses such means, they could face penalties of up to ten years of imprisonment.
    • False Promise to Marry: The second violation pertains to making a false promise to marry a woman with the intention of breaking that promise, solely to obtain her consent and exploit her sexually. This offense is also subject to a penalty of up to ten years of imprisonment.

    Why Section 69 Is Introduced?

    • Historical Context: In the absence of a specific provision, cases of sexual intercourse based on false promises of marriage were previously addressed using other sections of criminal law, causing ambiguity.
    • Prevalence of Cases: Cases of sex under the “false promise of marriage” had been reported frequently, with victims often unable to seek legal remedy effectively.
    • Legal Ambiguity: The existing legal framework did not clearly distinguish between a ‘false promise’ and a ‘breach’ of promise to marry, creating complications in determining consent and intention.

    Courts’ Handling of ‘False Promise of Marriage’ Cases

    • Judicial Interpretation: Courts had traditionally relied on existing laws like Sections 375 and 90 of the Indian Penal Code (IPC) to address such cases.
    • Consent Examination: Section 375 defines consent as an unequivocal voluntary agreement, and Section 90 considers consent given under “misconception of fact.” Courts examined cases based on these provisions.
    • Distinguishing Factors: Courts differentiated between a ‘false promise’ made with the intent to deceive and a ‘breach’ of promise made in good faith but not fulfilled.
    • Crucial Judgments: The Supreme Court’s judgment in ‘Pramod Suryabhan Pawar vs. State of Maharashtra’ (2019) highlighted the importance of the promise-maker’s intent to deceive. Another significant case, ‘Dileep Singh vs. State of Bihar,’ underscored the need for establishing a lack of intention to marry for the offense to be considered rape.

    Implications and Critiques of Section 69

    • Endogamy Promotion: Critics argue that Section 69 may promote endogamy by shifting the focus from real harm and abuse to whether the man intended to marry, disregarding the complex social context in which such relationships occur.
    • Ambiguity and Discretion: The Bill’s vagueness and discretionary nature could perpetuate uncertainty and reliance on gender norms, potentially re-victimizing women.
    • Cycle of Consequences: While the Bill specifies the consequences of the crime, it may overlook the harm suffered by women, contributing to a cycle where justice remains elusive.

    Conclusion

    • Section 69 of the proposed BNS, 2023, addresses a crucial issue related to sexual relationships based on false promises of marriage.
    • However, the Bill’s implementation and interpretation will require careful scrutiny to ensure justice is served without perpetuating harmful gender norms or social biases, as indicated by crucial judgments in relevant cases.

  • Progress track: Aatmanirbhar Bharat Rozgar Yojana (ABRY)

    Central Idea

    • The Aatmanirbhar Bharat Rozgar Yojana (ABRY) by the Central Government has outperformed its initial employment targets, proving its effectiveness in fostering job creation during the COVID-19 crisis.

    About Aatmanirbhar Bharat Rozgar Yojana (ABRY)

    Launch Introduced in November 2020
    Purpose As part of Atmanirbhar Bharat Package 3.0 to boost post-Covid-19 employment
    Government’s Contribution Subsidy for provident fund contributions in EPFO-registered organizations
    Coverage Up to 1000 employees: Both employee (12%) and employer (12%) contributions for two years

    Over 1000 employees: Employee (12%) contribution for two years
    Subsidy Disbursement Subsidy credited upfront to Aadhaar-linked EPFO accounts (UAN) of new employees
    Eligibility Criteria Establishments adding new employees compared to September 2020 reference base
    Target Beneficiaries Employees with monthly wages under Rs. 15,000 joining EPFO-registered establishments

    Individuals reemployed on or after October 1, 2020, who left jobs between March 1 and September 30, 2020

     Achievements and Numbers

    • The scheme, open for registrations until March 31, 2022, targeted around 7.18 million employees across India.
    • By July 31, 2023, ABRY had already exceeded its target, enrolling over 7.58 million new employees.
    • Benefiting 1,52,380 establishments with 60,44,155 new employees, the scheme disbursed benefits totaling Rs. 9,669.87 Crore.

  • Personalised Adaptive Learning (PAL) on DIKSHA Platform

    Central Idea

    • The National eGovernance Division (NeGD) plans to incorporate Personalised Adaptive Learning (PAL) into its existing Digital Infrastructure for Knowledge Sharing (DIKSHA) platform.
    • PAL offers individualized learning experiences based on students’ unique needs and abilities.

    DIKSHA 2.0 Portal

    • Diksha Portal was launched in 2017 to provide a digital platform to teachers giving them an opportunity to learn and train themselves and connect with the teacher community.
    • It serves as the National Digital Infrastructure for Teachers.
    • It aids teachers to learn and train themselves for which assessment resources will be available.
    • It houses digitized National Council of Educational Research and Training (NCERT) textbooks, teaching videos, and practice questions.
    • It also has assistive technologies for learners with disabilities, but it’s a static content repository.

    Integration of PAL

    • NCERT seeks MeitY’s expertise in implementing PAL within DIKSHA.
    • PAL provides customized learning paths for each student based on their learning progress.
    • PAL can loop back students to basic concepts if they make mistakes, enhancing learning efficiency.

    Challenges and Implementations in States

    • PAL development involves categorizing and tagging content, potentially creating new material.
    • Chemistry, Mathematics, and Physics for Classes 9 to 12 are prioritized for PAL development.
    • Several states like Andhra Pradesh, Assam, and Haryana experimented with PAL, facing budget constraints.

  • Has the RTI been weakened over the years?

    Central Idea

    • Activists worry about the diminishing effectiveness Right to Information Act, 2005 in holding officials accountable.
    • The Act has exemptions for political parties, the judiciary, and intelligence agencies.
    • Recent amendments have sparked concerns, such as personal data protection provisions.

    The DPDP Act and RTI

    • The Digital Personal Data Protection Act, of 2023 prohibits personal data disclosure, even for social audits, reducing transparency.
    • Critics fear this blanket ban may hinder accountability and transparency efforts.

    About the Right to Information (RTI)

    Enactment June 15, 2005
    Objective Promote transparency and accountability
    Applicability All public authorities at central, state, local levels
    Scope Access to information on matters of public interest, government policies, budgets, etc.
    RTI Application Filed in writing with the concerned public authority
    Response Time Within 30 days (48 hours for life or liberty issues)
    Exemptions Some information exempted to protect national security, privacy, etc.

    Judiciary
    Fees Nominal fee varies based on state and information requested
    First Appellate Authority Filed if dissatisfied with the response
    Second Appeal Filed with the relevant Information Commission
    Whistleblower Protection Safeguards against victimization for exposing corruption
    Impact Promotes transparency, accountability, and good governance

    Challenges in Implementation

    • Implementation issues undermine the transparency that the Act aims to achieve.
    • The Act’s effectiveness depends on subordinate rules set by the Union and State Governments.
    • Slow appointments to information commissions delay appeals and erode trust in the system.

    Barriers and Online Solutions

    • Payment methods for RTI applications vary among States, causing complications.
    • Online RTI portals remove barriers but are not widespread, hindering access.
    • The Union Government’s RTI portal has usability issues, impacting data retrieval.

    Growing Dissatisfaction

    • Rising first appeals indicate growing dissatisfaction with the information provided.
    • Structural problems in institutions and websites hinder RTI effectiveness.
    • Activists emphasize the importance of addressing broader institutional issues.

    Conclusion

    • The RTI Act’s efficacy is hampered by implementation challenges, amendments, and online barriers.
    • A holistic approach is needed to restore and enhance the Act’s effectiveness.
    • Addressing these issues will strengthen transparency, accountability, and citizens’ access to information.

  • Exploring Haryana’s Parivar Pehchan Patra Scheme

    parivar pehchan patra

    Central Idea

    • The Parivar Pehchan Patra (PPP), introduced in 2020 and rolled out in September 2021 in Haryana, has evoked both attention and criticism.

    Parivar Pehchan Patra

    • The PPP assigns a unique 8-digit identity number to each family unit residing in Haryana.
    • Enrolment in the PPP is obligatory for accessing government services and social security schemes.
    • Families can register through Common Service Centers, SARAL Kendras, or registered PPP operators, with verified data collected based on self-declarations and strict procedures.

    Key Functions and Linkages

    • The PPP streamlines access to various public welfare programs, including subsidized rations, Old Age Samman Allowance, Divyang Pension, educational admissions, government exams, and more.
    • It gathers extensive data, encompassing family members’ details, Aadhaar numbers, demographics, educational and occupational information, immovable property ownership, and social status.

    Comparing PPP with Aadhaar

    • The scheme’s proponents note that PPP leverages Aadhaar’s digital framework but offers a more intricate delivery.
    • While Aadhaar focuses on unique identity information, PPP encompasses socio-economic data, validated through specific procedures.

    Opposition’s Concerns and Criticisms

    • A former CM highlighted data collection errors leading to people being denied subsidies and benefits.
    • A legislator raised multiple objections, alleging misuse of data for voter profiling, and criticized the depth of personal information required.
    • Concerns were raised about the need for Aadhaar details, caste, PAN card, bank account, and property information. It was asserted that social security doesn’t necessitate caste identification.
    • The criticism extended to the potential exploitation of caste-based and socio-economic data for electoral advantages.

    Conclusion

    • The Parivar Pehchan Patra scheme in Haryana aims to streamline government services and welfare delivery.
    • While the initiative offers benefits, concerns about data accuracy, privacy, and potential political manipulation necessitate careful scrutiny and public discourse.

  • The need for an Indian system to regulate AI

    What’s the news?

    • Divergence in AI Regulation Approaches: Western Model Emphasizes Risk, Eastern Approach Prioritizes Values, Urges India to Shape Regulations in Line with Cultural Identity.

    Central idea

    • Artificial Intelligence (AI) has firmly entrenched itself in our lives, heralding a transformative era. Its potential to revolutionize work processes, generate creative solutions through data assimilation, and wield considerable influence for good and ill is undeniable. In light of these realities, the imperative for AI regulation cannot be overlooked.

    The need for careful AI regulation

    • Ethical Impact and Accountability: AI’s decisions can have ethical implications, necessitating regulations to ensure responsible and ethical use.
    • Data Privacy and Protection: As AI relies on data, regulations are essential to safeguard individuals’ privacy and prevent unauthorized data usage.
    • Addressing Bias and Fairness: AI can perpetuate biases present in data, leading to unfair outcomes. Regulations are required to ensure fairness and prevent discrimination.
    • Minimizing Unintended Outcomes: Complex AI systems can yield unexpected results. Careful regulation is needed to minimize unintended consequences and ensure safe AI deployment.
    • Balancing Innovation and Risks: Regulations strike a balance between fostering AI innovation and managing potential risks such as job displacement and social disruption.
    • Ensuring Security and Accountability: Regulations help ensure AI system security by setting standards for protection against cyber threats and unauthorized access. Establishing clear guidelines enhances accountability for any security breaches.
    • Preserving Human Autonomy: Regulations prevent overreliance on AI, preserving human decision-making autonomy. AI systems should assist and augment human judgment rather than replace it entirely.
    • Global Collaboration and Consensus: Regulations facilitate international collaboration and the development of common ethical standards and guidelines for AI.

    Contrast between Western and Eastern approaches to AI regulation

    • Global Regulatory Landscape:
      • Governments worldwide are grappling with the challenge of regulating AI technologies.
      • Leading regions in AI regulation include the EU, Brazil, Canada, Japan, and China.
      • It forms groups such as the EU, Brazil, and the UK as western systems, while Japan and China represent eastern models.
    • Intrinsic Differences:
      • Western and eastern approaches to AI regulation exhibit fundamental differences.
      • Western regulations are influenced by a Eurocentric view of jurisprudence, while the eastern model takes a distinct path.
    • Western Risk-Based Approach:
      • Western systems employ a risk-based approach to AI regulation.
      • Risk categories such as unacceptable risk, high risk, limited risk, and low risk are identified for AI applications.
      • Different regulatory measures are applied based on the risk level, ranging from prohibitions to disclosure obligations.
    • Eastern Models: Japan and China
      • Japan’s approach is embodied in the Social Principles of Human-Centric AI.
      • These principles include human-centricity, data protection, safety, fair competition, accountability, and innovation.
      • China’s regulations emphasize adherence to laws, ethics, and societal values in AI services.
    • Values vs. Means:
      • A stark difference emerges between the two models regarding their approach to regulation.
      • The western model specifies how regulations should be implemented, focusing on means and rationale.
      • The eastern model emphasizes upholding values and ends, embracing the overlap between legal and moral considerations.
    • Comparative Effectiveness:
      • The western model is well-suited for rule-abiding societies, offering clear rules and punitive measures for non-compliance.
      • The eastern model emphasizes a holistic approach, allowing for flexibility and acknowledging the intertwining of legality and morality.
    • Hindu Jurisprudence Concept:
      • The concept of Hindu Jurisprudence is introduced, referring to legal systems that embrace the overlap between legal rules and moral values.
    • Historical Perspective:
      • The differences between eastern and western approaches have historical roots.
      • Professor Northrop’s study in the 1930s highlighted cultural and philosophical distinctions in legal systems.

    Distinction between Eurocentric and Eastern legal systems

    • Eurocentric vs. Eastern Legal Systems: Professor Northrop’s analysis distinguishes between Eurocentric (Western) and Eastern legal systems. Western legal systems create rules through postulation, defining specific actions and penalties in a given social order.
    • Postulation in Western Legal Systems: In Eurocentric systems, laws prescribe precise actions and consequences for non-compliance. The focus is on specifying what must be done within a legal framework.
    • Intuition in Eastern Legal Systems: Eastern legal systems, referred to as Oriental, establish rules through intuition. Laws set the desired end or objective to be achieved and the moral values underlying the law.
    • Role of Morality and Ends: In the Eastern approach, the moral aspect of the law plays a central role. Legal rules are geared towards achieving specific moral and societal objectives.
    • Success of Ancient Indian Legal Systems: Ancient Indian legal systems achieved success due to clear objectives and underlying moral codes. People complied with these laws through intuition rooted in morality.
    • Examples of Moral-Based Compliance: Instances like the Pandavas’ exile and Emperor Ashoka’s edicts demonstrate how ancient Indian laws aligned with underlying morality. These historical examples show how people followed laws guided by intuitive understanding and moral principles.
    • Law and Morality in Eastern Cultures: In Eastern cultures, law and morality are often intertwined. Moral values influence the creation, interpretation, and adherence to laws.
    • Impact of British Colonialism: The British colonization of India introduced a transplant of Western legal systems. The current legal system in India is seen as lacking the virtues of both the ancient Indian system and the English legal system.

    How should AI be regulated in India?

    • Perspective of Justice V. Ramasubramaniam
      • Justice V. Ramasubramaniam, a retired Supreme Court judge, has criticized the tendency to blindly emulate Western legal systems.
      • In his judgments, he has highlighted the need to draw inspiration from Indian traditions and jurisprudence.
      • A significant judgment on cryptocurrency by Justice Ramasubramaniam includes the Sanskrit phrase neti neti, indicating a non-binary perspective.
      • Judges viewpoints like this could guide regulators in adopting a more Indian approach to regulation.
    • NITI Aayog’s Approach:
      • The NITI Aayog has circulated discussion papers on AI regulations.
      • These papers predominantly reference regulations from Western countries like the EU, the US, Canada, the UK, and Australia.
    • Alignment with Indian Ethos:
      • India should establish AI regulations that reflect its cultural ethos and values.
      • Drawing from India’s historical legal systems could provide a more appropriate regulatory framework.
    • Hope for Better Regulation:
      • AI regulation in India will be more considerate of Indian values and heritage than current indications suggest.
      • It emphasizes the importance of a regulatory approach that aligns with the Indian ethos.

    Conclusion

    • The emergence of AI as a transformative force necessitates rigorous regulation. Embracing India’s unique legal heritage and considering the alignment of AI with societal values could lead to regulations that serve both innovation and morality. As India contemplates its AI regulatory landscape, it must not only look to the West but also introspect and turn its gaze eastward.