💥Join UPSC 2027,2028 Mentorship (August Batch) + XFactor Notes & Microthemes PDF
Talk to Mentor

Civilsdaily

Login

Type: Op-ed

  • Marital rape

    Context

    Justice M. Nagaprasanna of the Karnataka High Court on March 23, 2022, in the case of Hrishikesh Sahoo vs State of Karnataka, pronounced the end of the marital rape exception.

    Background of the case

    • This judgment was a result of a unique case where a woman had filed a criminal complaint of rape against her husband due to the repeated acts of sexual assault she had to face.
    • Marital rape exception to Section 375: The police registered her complaint under Section 376 notwithstanding the marital rape exception, a charge sheet was filed and the Sessions Judge took cognisance and framed charges under Section 376.
    • This led to the husband approaching the High Court seeking to quash the criminal proceedings.
    • In a nuanced and far-reaching judgment, Justice Nagaprasanna refused to quash the charge of rape against the husband.

    Violation of rights of woman

    • Violation of the right to equality: Justice Nagaprasanna held that if a man, being a husband is exempted for his acts of sexual assault, it would destroy women’s right to equality, which is the very soul of the Constitution.
    • Discrimination: He held that the Constitution recognises and grants equal status to women, but the exception to marital rape in the IPC amounts to discrimination because a wife is treated as subordinate to the husband.
    • The Constitution considers marriage as an association of equals and does not in any sense depict women to be subordinate to men and guarantees women the fundamental rights under Articles 14, 15, 19 and 21 the right to live with dignity, personal liberty, bodily integrity, sexual autonomy, right to reproductive choices, right to privacy, right to freedom of speech and expression.
    • n Independent Thought vs Union of India (2017), the Supreme Court of India diluted it and removed the exception to marital rape to a wife not below 15 years and made it 18 years.

    Historical roots of the principle of exception

    • The exception to marital rape in common law was due to the dictum by Chief Justice Matthew Hale of Britain in 1736 where he argued that by marriage, a woman gave up her body to the husband and was accepted as an enduring principle of common law, due to which a husband could not be guilty of raping his wife.
    • This was therefore translated into criminal codes, including the Indian Penal Code which India adopted.
    • This principle has now been completely abolished.
    • In the United Kingdom, in 1991, the exception to marital rape was done away with in the case of R. vs R. The House of Lords held that where the common law rule no longer represents what is the true position of a wife in present-day society.
    • The court held that a husband’s immunity as expounded by Chief Justice Matthew Hale no longer exists.

    Conclusion

    The Karnataka High Court, by holding that the exception to marital rape in Section 375 is regressive and in violation of the constitutional guarantee of equality, has now truly pronounced the death knell of the marital rape exception.

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)

  • Tariff problem of renewable energy

    Context

    We need to shift to a two-part tariff for solar and wind to incentivise private investments.

    Background of power generation tariff in India

    • The two-part tariff has been in vogue since 1992.
    • It applies to thermal and hydro generation.
    • 1] Fixed component: The first part is a fixed component – the cost that a generator incurs.
    • This is not linked to the amount of power generated.
    • 2] Variable component: The second part varies with the quantum of generation.
    • It does not apply to renewable generation — solar, wind, and also nuclear.
    • Under the two-part formula, the variable cost is calculated on the basis prescribed by the regulatory commissions.
    • This is based on the cost of fuel — coal or gas or lignite — as the case may be.
    • The fixed cost is also determined by regulatory commissions and it has a graded payment system depending on the extent to which the plant would be in a position to generate.
    • The point here is that when a generator is in a position to generate, it gets to recover the fixed cost (or some part of it), irrespective of whether it actually generates power.

    Single-part tariff for nuclear, wind and solar

    • In contrast, solar and wind generation and also nuclear are still governed by a single-part tariff.
    • The single-part tariff applies to nuclear power stations for various reasons including the fact that given the technology, a nuclear generator does not usually increase/decrease the generation at a quick tempo, but maintains a steady stream.
    • In any case, nuclear power accounts for only about two per cent of the entire generation, so let’s leave it aside.
    • On the other hand, solar and wind generation account for about 10 per cent of the generation today and going by the statement delivered during COP26 in Glasgow, we want to ramp it up to 50 per cent by 2030.

    Issues with single-part tariff for wind

    • Must run status: The renewable sector has been given a “must run” status.
    • This means that any generation from renewables needs to be dispatched first.
    • The problem is that “must run” runs counter to the basic economic theory that in order to minimise total cost, dispatch should commence from the source offering the cheapest variable cost and then move upwards.
    • With a single-part tariff, whenever the renewable generator is asked to back down for maintaining grid balance, it is paid nothing.
    • With a single part tariff for renewable generation, the entire cost is variable and at Rs 2.5 per unit for solar generation, it is not the cheapest source.
    • There are several NTPC coal-fired pit head plants whose variable costs are far lower, for example, Simhadri (Rs 1.36), Korba (Rs 1.36), Sipat (Rs 1.43).
    • For the older solar plants, the tariff could be well above Rs 3 per unit and for wind-based generation, it is even higher, averaging around Rs 4.5 per unit.
    • Therefore, the SLDCs often flout the principle of “must run”, since the distribution companies would save money by asking the renewable generator to back down while keeping the tap on for a coal-based generation.

    Solution

    • Two-part tariff for solar: The solution to this problem is to apply a two-part tariff for solar and wind generators as we do for hydro plants today.
    • Lowest variable cost: The overriding principle is that the percentage allocated as variable cost should ensure that renewable generation has the lowest variable cost so that there is no violation of the “must-run” principle.
    • At the same time, the fixed cost component should not be kept so high that it hurts the consumers. 
    • A fine balance between the proportion of the fixed and variable costs will have to be maintained.
    • It would also ensure a certain minimum return to developers even if they are not generating during certain hours, as in the case of coal and hydro plants.
    • Proper environment: If we are serious about having a renewable generating capacity of 450-500 GW by 2030, we need to create a proper environment and ensure adequate returns to invite fresh investments into renewable generation.

    Conclusion

    The switch from a single to a two-part tariff structure for renewables has to be made right now as we are at the cusp of ramping up our renewable generation and it takes time for matters to get streamlined as we have seen in the past.

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)

  • It’s time to repeal AFSPA

    Context

    The Centre on Thursday significantly reduced the footprint of the Armed Forces Special Powers Act (AFSPA), 1958 in the Northeast, withdrawing it entirely from 23 districts in Assam; and partially from seven districts in Nagaland, six districts in Manipur, and one district in Assam.

    Background of AFSPA

    • AFSPA was adopted in 1958 during the early days of the Naga uprising to apply to what was then the state of Assam and the union territory of Manipur.
    • The counterinsurgency campaigns against the Nagas were counterproductive.
    • In the following decades, as new states were formed in Northeast India, AFSPA was amended to accommodate the names of those states.

    Provision under AFSPA, 1958

    • AFSPA allows civilian authorities to call on the armed forces to come to the assistance of civil powers.
    • Sweeping powers to armed forces: Once a state — or a part of a state — is declared “disturbed” under this law, the armed forces can make preventive arrests, search premises without warrants, and even shoot and kill civilians.
    • Approval of central government for legal action: Legal action against those abusing these powers requires the prior approval of the central government — a feature that functions as de facto immunity from prosecution.

    Issues with AFSPA

    • Critics charge that it effectively suspends fundamental freedoms and creates a de facto emergency regime.
    • In 2012, a petition was filed in the Supreme Court to investigate as many as 1,528 cases of fake encounters that allegedly occurred in the state between 1979 and 2012.
    • Supreme Court appointed a three-member commission to inquire into the first six of the 1,528 cases in the petition.
    • Its interim judgment of July 2016 said that “there is some truth in the allegations, calling for a deeper probe”.
    • In the court’s view, AFSPA clearly provided the context for these killings.

    Demand for changes and repeal

    • When the Supreme Court pronounced AFSPA constitutional in 1997, it also recommended some changes.
    • Among them was the stipulation that a “disturbed area” designation be subjected to review every six months.
    • In some parts of Northeast India, AFSPA is now routinely extended every six months. But there is little evidence that any meaningful review occurs at those times.
    • In 2004, the then central government set up a five-member committee under former Supreme Court Justice Jeevan Reddy, which submitted its report in 2005 recommending the repeal of AFSPA, calling it “highly undesirable”, and saying it had become a symbol of oppression.
    • Subsequently, the Second Administrative Reforms Commission, headed by Veeerapa Moily, endorsed these recommendations.

    Conclusion

    One must welcome the government’s announcement to reduce the number of such areas. But not to consider the repeal of this law, which is now almost as old as the Republic, is a missed opportunity to reflect on why this law has or has not been successful, and to learn from this history and strengthen the foundation of our democracy.

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)

  • BIMSTEC

    Context

    The fifth summit of the regional grouping, the Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation (BIMSTEC), held virtually in Colombo on March 30, has advanced the cause of regional cooperation and integration.

    Colombo package

    • Economic challenges: Representing a fifth of the world’s population that contributes only 4% of the global GDP, can this multilateral grouping trigger accelerated economic development?
    • It was clear that BIMSTEC first needed to strengthen itself — by re-defining its purpose and rejuvenating its organs and institutions.
    • The eventual result is now seen in the package of decisions and agreements announced at the latest summit.

    Achievement of Colombo Summit

    • 1] Adoption of Charter: Adopted formally, it presents BIMSTEC as “an inter-governmental organization” with “legal personality.”
    • BIMSTEC’s purposes: Defining BIMSTEC’s purposes, it lists 11 items in the first article.
    • Among them is acceleration of “the economic growth and social progress in the Bay of Bengal region”, and promotion of “multidimensional connectivity”.
    • The grouping now views itself not as a sub-regional organisation but as a regional organisation whose destiny is linked with the area around the Bay of Bengal.
    • 2] Reduction in the sectors of cooperation: The second element is the decision to re-constitute and reduce the number of sectors of cooperation from the unwieldy 14 to a more manageable seven.
    • Each member-state will serve as a lead for a sector: trade, investment and development (Bangladesh); environment and climate change (Bhutan); security, including energy (India); agriculture and food security (Myanmar); people-to-people contacts (Nepal); science, technology and innovation (Sri Lanka), and connectivity (Thailand).
    • 3] Adoption of the Master Plan for Transport Connectivity:  the summit participants adopted the Master Plan for Transport Connectivity applicable for 2018-2028.
    •  It was devised and backed by the Asian Development Bank (ADB).
    • It lists 264 projects entailing a total investment of $126 billion.
    • Projects worth $55 billion are under implementation. BIMSTEC needs to generate additional funding and push for timely implementation of the projects.
    • 4] Signing of three new agreements: Finally, the package also includes three new agreements signed by member states, relating to mutual legal assistance in criminal matters, cooperation between diplomatic academies, and the establishment of a technology transfer facility in Colombo.

    Challenges

    • The pillar of trade, economic and investment cooperation needs greater strengthening and at a faster pace.
    • Absence of FTA: Despite signing a framework agreement for a comprehensive Free Trade Agreement (FTA) in 2004, BIMSTEC stands far away from this goal.
    • Lack of legal instruments: The need for expansion of connectivity was stressed by one and all, but when it comes to finalising legal instruments for coastal shipping, road transport and intra-regional energy grid connection, much work remains unfinished.
    • There needs to be mention of the speedy success achieved in deepening cooperation in security matters and management of Humanitarian Assistance and Disaster Relief (HADR).
    • Focus more on new areas: BIMSTEC should focus more in the future on new areas such as the blue economy, the digital economy, and promotion of exchanges and links among start-ups and Micro, Small and Medium Enterprises (MSMEs).
    •  Step up the personal engagement of political leadership: The personal engagement of the political leadership should be stepped up.
    • The decision taken in Colombo to host a summit every two years is welcome if implemented.
    • Greater visibility:  BIMSTEC needs greater visibility.
    • India’s turn to host the G20 leaders’ summit in 2023 presents a golden opportunity, which can be leveraged optimally. Perhaps all its members should be invited to the G20 summit as the chair’s special guests.
    • Simplify the groupings name: The suggestion to simplify the grouping’s name needs urgent attention.
    • The present name running into 12 words should be changed to four words only — the Bay of Bengal Community (BOBC).
    • It will help the institution immensely. Brevity reflects gravitas.

    Conclusion

    BIMSTEC is no longer a mere initiative or programme. The question to address is whether it is now capable of tackling the challenges facing the region.

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)

  • Building faith in India’s investigative agencies

    Context

    The image of the institution of police is regrettably tarnished by allegations of corruption, police excesses, lack of impartiality and close nexus with the political class.

    Police and investigation agencies need social legitimacy

    • The police and investigative agencies may have de-facto legitimacy, but as institutions, they are yet to gain social legitimacy.
    • Police should work impartially and focus on crime prevention. They should also work in cooperation with the public to ensure law and order.
    • The CBI possessed immense trust of the public in its initial phase.
    • But with the passage of time, like every other institution of repute, the CBI has also come under deep public scrutiny.
    • The need of the hour is to reclaim social legitimacy and public trust.

    Issues affecting the system and causing delay in trial

    • Lack of infrastructure, lack of sufficient manpower, inhuman conditions, especially at the lowest rung, lack of modern equipment, questionable methods of procuring evidence, officers failing to abide by the rule book and the lack of accountability of erring officers.
    • Then there are certain issues that lead to delays in trials.
    • They are: Lack of public prosecutors and standing counsels, seeking adjournments, arraying hundreds of witnesses and filing voluminous documents in pending trials, undue imprisonment of undertrials, change in priorities with the change in the political executive, cherry-picking of the evidence, and repeated transfers of officers leading to a change in the direction of the investigation.

    Way forward

    • Break the nexus with political executive: The first step to reclaim social legitimacy and public trust.is to break the nexus with the political executive.
    • Reform of the police system is long overdue in our country.
    • The Ministry of Home Affairs has itself recognised the glaring need for the same in the “Status Note on Police Reforms in India”. 
    • Comprehensive law: Our investigative agencies still do not have the benefit of being guided by a comprehensive law.
    • Independent and autonomous investigative agency: The need of the hour is the creation of an independent and autonomous investigative agency.
    • Umbrella organisation: There is an immediate requirement for the creation of an independent umbrella institution, so as to bring various agencies like the CBI, SFIO, and ED under one roof.
    • This body is required to be created under a statute, clearly defining its powers, functions and jurisdictions.
    • Such a law will also lead to much-needed legislative oversight.
    • Separation of prosecution and investigation: One additional safeguard that needs to be built into the scheme, is to have separate and autonomous wings for prosecution and investigation, in order to ensure total independence.
    • Annual audit of performance: A provision in the proposed law for an annual audit of the performance of the institution by the appointing committee will be a reasonable check and balance.
    • Strengthening state investigative agencies: There is no reason why state investigative agencies, which handle most of the investigations, cannot enjoy the same level of credibility as that of the national agency.
    • The proposed Central law for the umbrella investigative body can be suitably replicated by the states.
    • Ensure women’s representation: An issue that needs addressing at this stage is the representation of women in the criminal justice system.
    • Often, women feel deterred in reporting certain offences due to a lack of representation.
    • Relations with community: Relations between the community and police also need to be fixed.
    • This is only possible if police training includes sensitisation workshops and interactions to inspire public confidence.

    Consider the question “The police and investigative agencies may have de-facto legitimacy, but as institutions, they are yet to gain social legitimacy. In the context of this, examine the challenges faced by the police and the investigative agencies in India and suggest ways to help them gain social legitimacy.”

    Conclusion

    It is imperative for the police and the public to work together to create a safe society. Ultimately the police must remember that their allegiance must be to the Constitution and the rule of law and not to any person.

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)

  • Crisis and sustainability in the face of climate change

    Context

    The footprint of the Covid-19 pandemic across the sectors of the economy has instilled a new reckoning for resilience and sustainability on the economic, social and environmental (ESG) front.

    IPCC reports suggest adaption for resilience

    • The Intergovernmental Panel on Climate Change (IPCC) published its latest report on climate impacts, vulnerability and adaptation last month.
    • The report suggests that adaptation to climate impacts in the near to medium term can help communities and ecosystems become resilient against the threats from current and future levels of warming.
    •  Ecosystem-based adaptation, for instance, is recommended for taking care of communities and social well-being, while restoring forests, lands and marine ecosystems.
    • The report details the variability in projected climate impacts and the vulnerabilities that can be expected across regions the world over due to differences in the range of warming, geographical location, demographics and the unique biophysical, social and cultural contexts.
    • Cost-effective adaptation: It depends on a host of enablers on which global partnerships need to deliver.
    • Enablers include international cooperation, inclusive technology, financial flows, knowledge sharing and capacity building, with institutions and innovations to support policy development and on-ground implementation.

    Gaps in the literature, acknowledge the uncertainties in climate science

    • The IPCC has been consistently drawing attention to the lack of adequate science from and on developing countries.
    • These countries have in turn been asking for the inclusion of what is broadly termed as “grey literature” or non-peer-reviewed literature in the IPCC process.
    • Good science encompasses the formal and the informal, theory and empiricism, the traditional along with the modern.
    • It relies on evolution through acknowledging the gaps and unknowns, the negatives and positives of past knowledge.
    • The understanding of adaptation finance, adaptation costing, and mapping of climate impacts and adaptation needs of communities in geographically remote locations, for instance, could improve with suitable sourcing of information.

    Way forward

    • Sustainable development, inclusive of climate resilience, calls for an ensemble approach — one that places contextually appropriate emphasis on tackling climate change impacts and development needs in a world with growing challenges.
    • The pathway to be adopted is one of an integrated risk assessment approach, where solutions are interventions that impact the immediate, near and medium-term outcomes for developing economies.
    • Striking the right balance is at any time a choice driven as much by enablers (capabilities, lifestyles and values, financial flows, technical know-how) as by constraints (warming levels, poverty, inequality, lack of health and education).

    Conclusion

    The pandemic highlighted the need for balance in nature-people relationships, even as it tested the ability of the developing world.

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)

  • Privacy concerns in the Criminal Procedure (Identification) Bill 2022

    Context

    The Union Minister of State for Home Affairs introduced the Criminal Procedure (Identification) Bill 2022.

    Purpose of the introduction of the Bill

    • The Bill aims to replace the Identification of Prisoners Act 1920 that has been in need of amendment for several decades.
    • The criticism and the need for amendment was predominantly in respect of the limited definition of ‘measurements’ as under that Act.
    • Back in the 1980s, the Law Commission of India (in its 87th Report) and the Supreme Court of India in a judgment titled State of U.P. vs Ram Babu Misra had nearly simultaneously suggested the need to amend the statute.

    What are the issues with the provisions in the Bill?

    1] Definition of ‘measurement’ includes analysis of the data

    • The definition of measurements is not restricted to taking measurements, but also their “analysis”.
    • The definition now states “iris and retina scan, physical, biological samples and their analysis, behavio[u]ral attributes including signatures….”
    • It goes beyond the scope of a law that is only designed for taking measurements and could result in indirectly conferring legislative backing for techniques that may involve the collection of data from other sources(For instance, using facial recognition).
    • At present there are extensive facial recognition technology programmes for “smart policing” that are deployed all across the country.
    • Such experimental technologies cause mass surveillance and are prone to bias, impacting the fundamental rights of the most vulnerable in India.

    2] Power of the police and prison officials widened

    • The existing law permits data capture by police and prison officers either from persons convicted or persons arrested for commission of offences punishable with a minimum of one year’s imprisonment.
    • Parallel powers are granted to judges, who can order any person to give measurements where it is in aid of investigation.
    • While the judicial power is left undisturbed, it is the powers of the police and prison officials that are being widened.
    • The law removes the existing — albeit minimal — limitation on persons whose measurements could be taken.
    • It is poised to be expanded to all persons who are placed under arrest in a case.
    • Here, the proposed Bill also contains muddied language stating that a person, “may not be obliged to allow taking of his biological samples”.

    3] Storage and retention of data for a long period

    • The National Crime Records Bureau (NCRB) shall for a period of 75 years from the date of collection maintain a digital record, “in the interest of prevention, detection, investigation and prosecution of any offense”.
    • The provision permits the NCRB to, “share and disseminate such records with any law enforcement agency, in such manner as may be prescribed”.
    • The NCRB already operates a centralised database, namely the Crime and Criminal Tracking Network & Systems (CCTNS), without any clear legislative framework.
    • The existence of such legislative power with a technical framework may permit multiple mirror copies and parallel databases of the “measurements” being stored with law enforcement, beyond a State Police department which will be prosecuting the crime and the NCRB which will store all records centrally.
    • For instance, in response to a Standing Committee of Parliament on police modernisation, Rajasthan has stated that it maintains a ‘RajCop Application’ that integrates with “analytics capabilities in real-time with multiple data sources (inter-department and intra-department)”.
    • Similarly, Punjab has said that the “PAIS (Punjab Artificial Intelligence System) App uses machine learning, deep learning, visual search, and face recognition for the identification of criminals to assist police personnel.
    • Hence, multiple copies of “measurements” will be used by State government policing departments for various purposes and with experimental technologies.
    • This also takes away the benefit of deletion which occurs on acquittal and will suffer from weak enforcement due to the absence of a data protection law.
    •  The end result is a sprawling database in which innocent persons are treated as persons of interest for most of their natural lives.

    Conclusion

    To protect individual autonomy and fulfil our constitutional promises, the Supreme Court of India pronounced the Justice K.S. Puttaswamy judgment, reaffirming its status as a fundamental right. The responsibility to protect it falls to each organ of the government, including the legislature and the union executive.

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)

  • Anti defection: Related issues

    Context

    In its verdict in the Goa MLAs case, Bombay High Court has misread the 10th schedule of the Constitution, which was meant to prevent horse trading among legislators.

    Understanding the Paragraph (4) of Tenth Schedule

    • Paragraph (4) is an exception to the Tenth Schedule’s main provisions.
    • It operates only when the defectors’ original political party has merged with the party to which they have defected and two-thirds of the members of the legislature belonging to that party have agreed to the merger.
    • Under this provision, the merger of the original political party has to take place first, followed by two-thirds of the MLAs agreeing to that merger.
    • The basic premise of the February 25 judgment is that sub-paragraph (2) is distinct from the parent paragraph, and a factual merger of the original political party is not necessary.
    • This does not square with the content, context and thrust of paragraph (4), which contemplates the factual merger of the original political party — in this case, the INC.
    • The court’s view — the merger of the 10 MLAs of the Congress Legislative Party with the BJP should be regarded as the Congress itself merging with the BJP — goes against the letter and spirit of the Tenth Schedule, paragraph (4) in particular.

    Process for the merger: 2 conditions need to be satisfied

    • 1] Merger alone is not enough: The opening words of sub-paragraph (2) — “for the purposes of sub-paragraph (1) of this paragraph” — clearly mean that to exempt a member from disqualification on account of defection, and for considering this member’s claim that he has become a member of the party with which the merger has taken place, a merger of two political parties alone is not enough.
    • 2] Not less than 2/3 members should also agree: Not less than two-thirds of the members should also agree to such a merger.
    • The lawmakers made it tough for potential defectors to defect.
    •  The words “such merger” make it clear beyond any shadow of doubt that the merger of the original political party has to take place before two-thirds of the members agree to such a merger.
    • The members of the legislature cannot agree among themselves to merge as the court has said, but they can agree to a merger after it takes place.

    Conclusion

    The anti-defection law was designed to eliminate political defection. However, the judgment of the Bombay HC seems to assume that paragraph (4) of the 10th schedule is meant to facilitate defection. This judgment is likely to open the flood gates to defection. The Supreme Court must intervene quickly.

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)

  • Opinion polls

    Every election season, we find television channels flooded with opinion polls and subsequently exit polls after the casting of votes.

    What are Opinion Polls?

    • Opinion polls are similar to surveys or an inquiry designed to gauge public opinion about a specific issue or a series of issues in a scientific and unbiased manner.
    • This term has got wide recognition for assessing outcomes of elections in India.
    • In most democracies, opinion and exit polls are common during elections.
    • In India, the ECI allows the dissemination of the exit poll results half an hour after the end of polling on the last poll day.

    How are they conducted?

    • Interviewers/reporters ask questions of people chosen at random from the population being measured.
    • Responses are given, and interpretations are made based on the results.
    • It is important in a random sample that everyone in the population being studied has an equal chance of participating.
    • Otherwise, the results could be biased and, therefore, not representative of the population.

    Need of such polls

    • Popular opinion: Polls are simply a measurement tool that tells us how a population thinks and feels about any given topic.
    • Specific viewpoint: Polls tell us what proportion of a population has a specific viewpoint.
    • Opportunity to express: Opinion polling gives people who do not usually have access to the media an opportunity to be heard.

    Issues with such polls (in context to elections)

    • Authenticity: Critics have often questioned their authenticity.
    • Manipulation of voters: This largely manipulates the voting behavior.
    • Sensationalization by media: The media, on the other hand, invariably opposes the idea of a ban as seat forecasts attract primetime viewership.
    • Ridiculing the public mandate: The exit polls largely disrespect public opinions inciting confusion regarding the election mandate.

    Why does it persist in India?

    Ans. Exercise of Free Speech

    • The opposition to the ban in India is mainly on the ground that freedom of speech and expression is granted by the Constitution (Article 19).
    • What is conveniently forgotten is that this freedom is not absolute and allows for “reasonable restrictions” in the same article.

    Limited restrictions that we have in India

    • RP Act: The Indian Penal Code and Representation of the People Act, 1951 do contain certain restrictions against disinformation.
    • Restrictions on A19: While the Constitution allows for reasonable restrictions on freedom of expression, its mandate to the ECI for free and fair elections is absolute.
    • Supreme Court interpretations: The Supreme Court (SC), in a series of judgments, has emphasized this requirement.
    • Basic structure doctrine: It considers free and fair elections is the basic structure of the Constitution (PUCL vs Union of India, 2003; NOTA judgment, 2013).

    Examples of restrictions

    • Restrictions are imposed in many countries, extending from two to 21 days prior to the poll — Canada, France, Italy, Poland, Turkey, Argentina, Brazil, Colombia, to name a few examples.
    • In India, all political parties too have opposed these polls, demanding a ban — except when they are shown as winning.

    Why does the ECI feel that opinion polls interfere with free and fair elections?

    • Prevalence of paid news in India: Having seen “paid news” in action, it apprehends that some opinion polls may be sponsored, motivated and biased.
    • Opacity: Almost all polls are non-transparent, providing little information on the methodology.
    • Propaganda: Subtle propaganda on casteist, religious and ethnic basis as well as by the use of sophisticated means like the alleged poll surveys create public distrust in poll process.
    • Disinformation: With such infirmities, many “polls” amount to misinformation that can result in “undue influence”, which is an “electoral offense” under IPC Section 171 (C). It is a “corrupt practice” under section 123 (2) of the RP Act.
    • Betting: The polling agencies manipulate the margin of error, victory margin for candidates, seat projections for a party or hide negative findings.

    Call for a ban in India

    • The demand for a ban on opinion polls is not new.
    • At all-party meets called by the Election Commission in 1997 and 2004, there was unanimous demand for a ban.
    • The difference of opinion was only on whether the ban should apply from the announcement of the poll schedule or the date of notification.

    Moves by ECI

    • In 1998, the ECI issued guidelines that were challenged in the SC.
    • A five-judge Constitution Bench asked the ECI how it would enforce these decisions in the absence of a law.
    • Realizing its weakness, the ECI withdrew the guidelines.
    • Unfortunately, this left the constitutionality of the issue

    Way forward

    • Independent regulator: Ideally a body like the British Polling Council would be a viable option. India could set up its own professional, self-regulated body on the same lines say Indian Polling Council.
    • Mandatory disclosure: All polling agencies must disclose for scrutiny the sponsor, besides sample size, methodology, time frame, quality of training of research staff, etc.

     

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)

  • India-Britain free trade agreement

    Context

    In May last year, Prime Ministers Narendra Modi and Boris Johnson announced their shared vision for a transformative decade for the India-United Kingdom partnership. These words have now been made real.

    Transforming India-UK partnership

    • Doubling bilateral trade: The two leaders had declared their ambition to more than double bilateral trade by 2030, which totalled over £23 billion in 2019.
    • Reduce barriers to trade: They directed their governments to take rapid steps to reduce barriers to trade.
    • FTA: The groundwork necessary to begin work on a Free Trade Agreement (FTA) had to be prepared by the end of 2021.
    • Both governments have already taken action; for example, unlocking the export of British apples to India and enabling a greater number of Indian fisheries to export shrimp to the U.K.
    • The big next step was the launch of FTA negotiations last month.

    Trade relations at present

    • Bilateral trade: The bilateral trade between the two countries stood at 15.5 billion USD in 2019-20. India has engaged with the UK in sectors like pharma, textiles, leather, industrial machinery, furniture, and toys.
      • Britain is among the top investors in India and India is the second-biggest investor and a major job creator in Britain. Recently, the Serum Institute of India has announced setting up its research facilities in the UK.
    • Indian Diaspora: Around 1.5 million people of Indian origin live in Britain. This includes 15 Members of Parliament, three members in Cabinet, and two in high office as Finance and Home Ministers.
    • India is already a big investor in the U.K. — especially in dynamic sectors such as fintech, electric vehicles, and batteries.
    • India has an extraordinary opportunity to transform its economy and society in the next 30 years, as it hits its demographic sweet spot, at the heart of the Indo-Pacific region where half the world’s people live and 50% of global economic growth is produced.

    Benefits of FTA

    • A U.K.-India trade agreement will stimulate growth and employment in both countries. 
    • Lower barriers coupled with greater regulatory certainty would incentivize new small and medium-sized enterprises to export their goods and services.
    • An agreement also means Indian and British consumers see improvements in the variety and affordability of products.
    • Strategic reasons: The British Government’s Integrated Review of our overseas policy, describes the world we are in; messier, with the more geostrategic competition.
    • It is one in which two dynamic democracies such as India and the U.K. need to work closely together to promote open economies.

    Consider the question “Colonial prism has long distorted the perception of India-UK relation. However, both the countries stand to gain by finding a fresh basis for sustaining bilateral relations. Comment.”  

    Conclusion

    An FTA would mark a new way of working between the U.K. and India. It gives a new framework within which the two countries can grow and flourish together, putting the colonial economic relationship where it belongs — in the history books.

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)